[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 5-18-2004 by Ord. No. 2004-7. Amendments noted where
applicable.]
A.
There are hereby created and established ordinances
and regulations for the use and operation of municipal swimming facilities
known as the "Chester Area Pool."
B.
Use of the swimming facilities shall be subject to
such rules and regulations as may be promulgated by the Mayor and
Borough Council by ordinance or resolution, which shall be posted
at all times upon the bulletin board of the swimming facilities, and
a copy thereof shall be filed with the Borough Clerk for public inspection
and delivered to all members of the Chester Area Pool on an annual
basis.
As used in this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
The individual's age on May 30 of each pool season.
The Chester Area Pool.
Employees or extended members of the family, 16 years of
age or older, whose primary duties are the care and supervision of
the dependents of a member family (i.e., nanny, au pair, babysitter,
nurse, etc.) and whose presence at the pool would be required in order
to allow them to carry out their duties.[1]
A unit consisting of one adult couple without children in
the household.
[Added 7-7-2009 by Ord. No. 2009-10]
A unit consisting of a parent(s) plus child(ren), natural
or adopted, under the age of 21, living in the same residence or up
to the age of 25 if a full-time student and living in the same residence.
[Amended 7-7-2009 by Ord. No. 2009-10]
Any nonmember who is admitted with a member of the pool.
The entire fenced area surrounding the swimming pool and
adjacent parking area.
A Pool Manager shall be appointed on an annual basis by Mayor
and Council upon recommendation of the Borough Administrator. The
Pool Manager shall be responsible for day-to-day operation of pool
facility and perform such duties and responsibilities as set forth
in this chapter and the job description adopted by resolution from
time to time.
[Amended 6-4-2012 by Ord. No. 2012-5; 10-6-2015 by Ord. No. 2015-12]
Any person 18 years of age or older having a principal residence
within the boundaries of Chester Township or Chester Borough. Anyone
removing his or her principal residence from Chester Township or Chester
Borough shall no longer be considered a resident.
The period of operation during a calendar year. The pool
facility will not open to the general membership before Memorial Day
or after Labor Day, nor during such times as students are in attendance
at the Black River Middle School, unless otherwise agreed to by the
Chester Township Board of Education.
Any person 62 years of age or older.
[Amended 8-5-2008 by Ord. No. 2008-17]
Any person at least 18 years of age or no less than 15 years
of age with the express written consent from the parent of that minor
child. Said consent shall be in a form approved by the Borough Attorney.
[1]
Editor's Note: The former definition of “charter member,”
added 2-7-2006 by Ord. No. 2006-5, which immediately followed this
definition, was repealed 7-7-2009 by Ord. No. 2009-10.
A.
The Borough Mayor and Council may, by ordinance or
resolution, make, amend, alter and/or repeal rules and regulations
for the supervision and control of all activities carried on, conducted,
sponsored, arranged or provided for in connection with the Chester
Area Pool facility.
B.
The Pool Manager and pool staff are hereby empowered
to enforce the provisions of this chapter or any rule or regulation
adopted by the Borough Mayor and Council.
C.
The Pool Manager and pool staff shall have the proper
authority to issue a notice of violation to any person who violates
the terms of this chapter or any rule or regulation adopted by the
Borough Mayor and Council.
A.
Membership in the pool shall be open to any person
who complies with the requirements of this Chapter regarding membership,
fees and other conditions of membership as determined by the Mayor
and Council of the Borough of Chester.
B.
Classes of membership. Membership in the pool shall
be open to those 18 years of age or older and as determined annually,
based upon timely submission of completed membership applications
and payment of requisite fee, pursuant to the provisions of this chapter.
There shall be the following division of membership: resident and
nonresident. Of these divisions there shall be five classes: family,
empty nester, single, senior, and caregiver. For the purpose of calculating
total membership capacity only, single, caregiver or senior memberships
shall count as 1/4 of a family membership, and empty nester memberships
shall count as ½ of a family membership.
[Amended 7-7-2009 by Ord. No. 2009-10]
C.
Membership application. All applications for membership
shall be in writing, addressed to the Borough Tax Collector. Upon
notification, when membership capacity permits, new members shall
make timely payment of the annual dues, and initiation fee, if applicable,
for the year in which application is made. The pool shall have a preference
for a membership comprised of Chester Township residents (57%) and
Chester Borough residents (43%). Residents shall have membership preference
over nonresidents. Further, previous year's resident members shall
have priority over new applicants.
D.
Membership capacity. The maximum number of full-family
memberships shall be established by resolution of the Borough Mayor
and Borough Council, from time to time, based upon the recommendation
of the Borough Administrator and Pool Manager.
[Amended 10-6-2015 by Ord. No. 2015-12]
E.
Membership is not transferable.
F.
Inactive status.
[Amended 2-7-2006 by Ord. No. 2006-5; 12-18-2007 by Ord. No.
2007-25; 7-7-2009 by Ord. No. 2009-10; 6-4-2012 by Ord. No. 2012-5]
(1)
The
holder of a membership may, prior to the deadline for membership application,
submit to the Borough Administrator and Tax Collector a written request
for inactive status for one season, which, if granted, will not require
the payment of the annual membership fees for the period of inactivity.
If a membership is not renewed for one season or more, and no request
for inactive status has been requested and granted, the membership
shall be deemed lapsed, and a reinstatement fee shall be paid in order
for reinstatement of the membership.
(2)
Prior
to the start of the next season, a member on inactive status now on
the top of the waiting list will be offered active status as a full-time
member again without being required to pay a reinstatement fee. The
member must notify the Borough Administrator and Tax Collector of
its intention to reactivate membership status and timely pay the requisite
membership fees for the season to reactivate membership. Failure to
make timely payment of the membership fees in the manner prescribed
by Borough ordinance will result in revocation of membership. Subsequent
application for membership shall require placement on the bottom of
the waiting list and payment of a reinstatement fee.
(3)
Notwithstanding
anything contained herein to the contrary, a member on inactive status
is not precluded from using the pool facility as the guest of a valid
member on active status, subject to payment of the applicable guest
fee.
(4)
No
member shall be permitted to assume inactive status for two consecutive
years.
(5)
Lapsed
membership shall enjoy no membership rights, and request for renewal
must be upon written application for new membership and payment of
a reinstatement fee.
G.
Guests. Only valid members shall be entitled to bring
guests to the pool facility subject to the payment of a guest fee,
as established from time to time by resolution of the Borough Mayor
and Council, and subject to pool capacity (as determined by the Pool
Manager, or Assistant Manager in the Manager's absence), and the adopted
rules and regulations. Guest admittance to the pool facility shall
be on a first-come-first-served basis.
[Amended 6-4-2012 by Ord. No. 2012-5]
The Borough Administrator shall establish a public list of those persons awaiting full-time membership. A copy of such list shall be available for inspection in the office of the Borough Clerk. Membership vacancies shall be filled in the order of the names appearing on such list with preference for the ratio expressed in § 211-4C above. Failure to timely accept membership and pay the requisite initiation and membership fees will result in striking of the name of the person from the waiting list. A new application will have to be made and the person's name placed at the end of such waiting list, if such person later seeks membership.
A.
Membership fees shall be established by the Borough Mayor and Council, from time to time, as set forth in § 127-1 which shall include an initiation fee and annual membership fee for each membership category. Any member failing to timely pay annual membership fees by the designated date shall forfeit his/her membership, unless timely request for inactive status has first been made pursuant to § 211-4F above.
[Amended 5-15-2018 by Ord. No. 2018-02]
B.
No fees are returnable for any reason after May 30 of each season,
it being the policy of the Borough of Chester not to refund any pool
membership fees paid pursuant to this chapter after the start of the
pool season, except in the case of extreme and compelling circumstances
demonstrated. Such circumstances are limited to the death of a member,
or the existence of a serious medical condition to a member which
would prevent use of the pool for a portion of the pool season. Any
refund request must be in writing; clearly set forth nature of the
extreme and compelling circumstances upon which the request is made,
and shall be accompanied by an original death certificate or sworn
affidavit of a licensed physician. A refund request shall be submitted
to the Borough Administrator who shall review same and make a recommendation
to the Mayor and Council who shall determine if a refund is to be
made and, if so, in what amount. The pool manager shall be notified
by the Borough Administrator as to the decision of the governing body.
Any refund granted shall terminate the pool membership, and the member
shall be prohibited from entry to the pool facility for the balance
of the pool season, if any.
[Amended 10-1-2019 by Ord. No. 2019-17]
C.
The last date for which membership applications shall
be accepted from year to year shall be determined by the Mayor and
Borough Council with the recommendation of the Borough Administrator
and Pool Manager and shall be duly publicized each year.
[Amended 10-6-2015 by Ord. No. 2015-12]
D.
The Borough shall fix and duly publicize each season
the date upon which membership fees are payable in full. Failure to
timely pay annual membership fees, or request inactive status, shall
result in forfeiture of membership. Subsequent application for membership
shall require the completion of new application, placement on the
bottom of the waiting list and payment of a new initiation fee.
[Amended 6-4-2012 by Ord. No. 2012-5]
E.
Members who pay by check and whose checks are returned
by their bank as uncollectible for any reason will be charged an additional
fee for each returned check, in accordance with the rate charged by
the Borough’s bank, together with a handling fee established
by the Borough Mayor and Council from time to time.
[Amended 5-15-2018 by Ord. No. 2018-02]
F.
Initiation fee for new members. There shall be a nonrefundable initiation fee for new members to be adopted by the Borough Mayor and Council from time to time, as set forth in § 127-1.
[Amended 5-15-2018 by Ord. No. 2018-02]
G.
Activities fees. There shall be various activities
established from time to time by resolution of the Borough Mayor and
Council. Fees for participation in such activities shall be established
from time to time by resolution of the Borough Mayor and Council.
[Amended 5-15-2018 by Ord. No. 2018-02]
A.
The specific daily hours of operation shall be established
by resolution of the Borough Council from time to time.
B.
The Pool Manager may, from time to time, alter the
opening or closing hours of the pool facility for special events authorized
by the Borough Mayor and Council and may implement emergency rules
and regulations to protect the public health and safety. Any emergency
closings shall be posted on the exterior of the pool facility and
filed with the Borough Clerk.
A.
The Borough of Chester will issue identification cards
or badges to all members which shall be shown to gain entry into the
pool facility.
B.
Pool identification cards or badges will not be transferable,
and their illegal transfer or misuse will result in revocation or
suspension of membership privileges.
C.
Members not presenting their identification card or
badges at the entry gate may be denied access to the pool facility
at the discretion of the Pool Manager or the Assistant Manager.
D.
When requested, a member must present or surrender
their identification card or badge to the Pool Manager or Assistant
Manager.
A.
The governing body of the Borough may, by ordinance
or resolution, make, alter, amend and repeal rules and regulations
for the operation, supervision, regulation and control of all activities
carried on, conducted, sponsored, arranged or provided for in connection
with the pool facility and for the protection of property and may
prescribe and enforce fines and penalties for the violation of any
such regulations. Interpretation and enforcement of rules and regulations
shall be the responsibility of the Pool Manager, Assistant Manager
in the absence of the Manager, or the Head Life Guard, in the absence
of the Pool Manager and Assistant Manager.
B.
Rules and regulations shall be published, posted and
strictly enforced.
C.
The Pool Manager or Assistant Manager may close or
limit the swimming facilities whenever in their judgment such action
is deemed necessary or desirable for the protection of health or safety
of such persons entitled to use the pool facility.
D.
The Pool Manager and the Assistant Manager and all
lifeguards, when on duty at the pool facility, shall have the authority
to prohibit any action or conduct which is in violation of the rules
and regulations.
E.
Any person or persons who shall violate any duly promulgated
rule or regulation of the pool shall be subject to immediate ejection
from the pool facility by the Pool Manager, or the Assistant Pool
Manager in the absence of the Manager. Where necessary, they may call
upon the Police Department to assist in the enforcement of such power.
F.
The Pool Manager, or Assistant Manager in the Manager's
absence, is hereby empowered to enforce the provisions of this chapter,
including but not limited to the power to issue a notice of violation
to any person who violates the terms of this chapter or any regulations
adopted by the Borough Mayor and Council pursuant thereto.
G.
The Borough Mayor and Council shall be the final arbitrator
of any dispute arising from enforcement or interpretation of the adopted
rules and regulations.
H.
Any person or persons who shall violate any duly posted
rule or regulation of the pool facility shall be subject to immediate
ejection by the Pool Manager or Assistant Manager in the Manager's
absence. The Borough Mayor and Council may revoke or suspend any membership
for dangerous acts or repeated violations of the rules and regulations.
Any person who shall destroy or damage pool facility property through
gross carelessness or willful misconduct may be held financially liable
for such destruction or damage as may be determined by a court of
law.
I.
The provisions of this chapter shall not relieve any
person of the duty to observe other provisions as set forth in any
state statute or local ordinance.
A.
Any person submitting a wait list application who
knowingly provides false or misleading information will be subject
to immediate removal from the wait list, loss of membership at the
pool facility, if applicable, and forfeiture of any and all fees paid.
Such person shall also be subject to a fine in the discretion of the
Municipal Court not to exceed $500.
B.
Any applicant or member submitting a membership application
who knowingly provides false or misleading information will be subject
to immediate loss of membership at the pool facility and forfeiture
of any and all fees paid.
C.
Any applicant or member submitting any type of application
or correspondence to the Pool Manager or Borough Administrator which
knowingly contains false or misleading information will be subject
to immediate removal from the wait list, loss of membership at the
pool facility and forfeiture of any and all fees paid.
D.
In addition to the penalty provided therein, the Borough
Mayor and Council shall have the power of expulsion or suspension
of membership privileges, as may be warranted in its discretion.
A.
Any membership privileges of any member may be suspended or revoked for a good cause shown, after notice and hearing as provided in Subsection C below. However, the Pool Manager shall have the authority to suspend the membership privileges of any individual, family or member of any family for a period not to exceed one day without prior notice or hearing for conduct of that individual, family or member of any family contrary to the rules and regulations promulgated by the Borough Mayor and Council and in force for the governance of the pool facility and its members in order to preserve public health and safety.
B.
Cause for suspension or revocation of membership privileges
may be any one or more of the following:
C.
When a notice of violation has been issued, or a complaint
or series of complaints has or have been made against a person exercising
membership privileges, and the Pool Manager, or Assistant Pool Manager
in the Manager's absence, is of the opinion that the alleged offense
or alleged offenses is or are of such a nature as to require action
by the Mayor and Council, then the matter shall be referred for a
hearing which shall be conducted by the Mayor and or a designated
hearing officer. The Mayor shall make a recommendation to Council
(or if so designated, the hearing officer shall make a recommendation
to the Mayor and Council). The Pool Manager or Assistant Pool Manager,
as the case may be, shall provide the member with a written notice
embodying the complaint or complaints and shall cause such notice
to be served upon the member, either personally or via United States
Mail, return receipt requested. A copy of said notice shall be filed
with the Borough Clerk and the Borough Administrator. A date shall
be set by the Borough Clerk for a hearing not less than three days
following the service of such notice. At the hearing the person charged
shall be given full opportunity to be heard and to present such matters
as shall go to the defense or mitigation of the charge. The hearing
shall be held in public unless a private hearing is requested by the
person charged. Following the presentation of all evidence, the Mayor
or designated hearing officer shall deliberate on the record and make
a recommendation on the question of suspension or revocation of membership
privileges. Recommendation for suspension of membership privileges
shall be presented to the Borough Council for review should the Mayor
or any Council have an interest in the outcome of the hearing or with
a potential conflict of interest shall not participate in any hearing.
All hearings shall be tape recorded, and written minutes recorded.
Hearing recordings, minutes and evidentiary material shall be forwarded
to the Borough Administrator, together with the recommendation of
the Mayor or designated hearing officer. The governing body shall
consider the recommendation of the Mayor or designated hearing officer,
together with the advice of the Borough Administrator.
[Amended 10-6-2015 by Ord. No. 2015-12]
D.
Failure to timely pay annual membership fees shall
result in forfeiture of membership.
The Pool Manager shall ensure that all health,
safety and water quality standards are in compliance with the New
Jersey State Sanitary Code, Chapter 11, Public Recreational Bathing,
N.J.A.C. 8:26-1 et seq., May 1991, or any subsequent substantial revision
thereto.
[Added 4-7-2020 by Ord. No. 2020-04]
The regular pool season is defined in § 211-2 above. However, the pool season may be modified by a late start or early termination to protect the health and safety of the pool membership and employees due to a declared state of emergency. In the event of such modification of the pool season, the annual membership fee paid by a member shall be prorated accordingly, with reduction of the regular annual fee or appropriate authorized refund to those who paid the regular annual fee.
[1]
Editor’s Note: Former § 211-13, Chester Area Pool
Advisory Committee, was repealed 10-6-2015 by Ord. No. 2015-12.
Use of the pool facility by any outside organization
will be subject to approval by the Borough Mayor and Council. Upon
attaining such approval, the outside organization shall be subject
to a fee which shall be established by resolution of the Borough Mayor
and Council.
No person, firm or corporation shall sell or
maintain a place for the sale of any article of food, clothing or
liquid refreshment on the pool facility grounds unless licensed and/or
approved to do so by the Borough Mayor and Council.
