Borough of Emerson, NJ Chapter 187 Municipal Facilities, Use of

[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 4-3-2001 by Ord. No. 1169; amended in its entirety 12-2-2003 by Ord. No. 1226. Subsequent amendments noted where applicable.]

§ 187-1 Title.

This chapter shall be known as "Use of Municipal Buildings and Grounds."

§ 187-2 Purpose.

The purpose of this chapter is to provide a policy and procedure for the application for use of municipal buildings and grounds by the residents of the Borough and those organizations to which they belong.

§ 187-3 Definitions.

[Amended 12-18-2018 by Ord. No. 1579-18]

As used in this chapter, the following terms shall have the meanings indicated.

BOROUGH RECREATION TEAMS

Borough-sponsored sports activity administered through the Recreation Commission; insurance for the sports is covered by the Borough. Registration is controlled by the individual sports and is for children that reside in the Borough or attend the Borough schools only. Teams usually play against other teams from within the Borough, but some teams will travel to surrounding towns to play against other teams. All individuals have an opportunity to play regardless of skill level.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BOROUGH RECREATION TRAVEL/ALL-STAR TEAMS

Borough-sponsored sports activity administered through the Recreation Commission; insurance for the sports is covered by the Borough. Registration is controlled by the individual sports and is for children that reside in the Borough or attend the Borough schools only. The teams usually travel to surrounding towns and play teams from other jurisdictions. Tryouts may be needed to select players and/or reduce the number of participants for each team and there is no guarantee of playing time as it may be different for each player.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

EMERSON CLUB TEAMS

Independently sponsored sports activity run by the individual sports or outside entity and is for children that reside in the Borough or attend the Borough schools. Seventy-five percent of the player roster must consist of Borough residents or student athletes that attend Borough schools, at a specific age level as set forth by the sport. Tryouts are conducted annually, or more frequently if necessary, to encourage a well-balanced team and to select players and/or reduce the number of participants for each team if a roster has reached a desired number of players as set forth by the sport and for each team. There is no guarantee of playing time as it may be different for each player.

LIMITED-USE FACILITIES

The facilities defined herein which are used primarily for one organization or entity, the use by which takes precedence over all other requests for use.

NONRESIDENT CLUB TEAMS

Independently sponsored sports activity, usually run by an outside entity which is not affiliated with the Borough of Emerson. These teams usually charge a fee to participate and may have tryouts to select players and/or reduce the number of participants for each team; there is no guarantee of playing time. Insurance coverage is independently secured by the entity. These teams usually participate in leagues or tournaments that charge a fee for entry and sometimes have paid coaches. All nonresident organizations must pay a fee as provided in § 200-8B(7) of this Code in order to use the fields. All nonresident organizations must provide proof of insurance and the Borough must be named as an additional insured.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

POLITICAL ORGANIZATIONS

Groups and organizations as defined in Chapter 210 of this Code.

PUBLIC FACILITIES

All public parks, fields, buildings and facilities, both indoor and outdoor, within the Borough of Emerson which are owned, used or controlled by the Borough for recreation, meetings, expositions, social functions and similar activities.

§ 187-4 Rules and regulations for use of facilities.

[Amended 12-18-2018 by Ord. No. 1579-18]

Any group or organization, except as prohibited herein, may be permitted to use public and limited-use facilities subject to the following rules and regulations:

A. Any group wishing to use a public facility or limited-use facility shall submit a written application, signed by a person over the age of 18, to the Borough Administrator at least 14 days prior to the desired use date. The application shall include the name and address of the organization, the names and addresses of organization officers and/or trustees, the purpose of the meeting, the expected number of attendees and the facility of which use is requested. The time limit may be waived for good cause by the Borough Administrator.

B. All groups using a public facility or limited-use facility shall execute an indemnity and waiver agreement in the form approved by the Joint Underwriter's Fund prior to use of the facility. The agreement must be signed by a person over 18 years of age.

C. All applicants (excluding the limited exception below) shall provide a certificate of insurance, naming the Borough of Emerson as certificate holder and additional insured, and the certificate must be attached to the application. The certificate must have limits of liability for bodily injury, liability and property damage in the amounts required by the Borough of Emerson. The requirement of a hold harmless agreement and/or insurance may be waived, in writing, by the Mayor and Council under circumstances where the Recreation Commission concludes it is appropriate. Applicants that will have fewer than 30 people in attendance, and are not exchanging any fees (either for participation, the sale or exchange of goods, i.e., a farmer's market, a flea market, etc.) and also are not conducting an athletic event of any kind (i.e., a race, a game, etc.) will not be required to acquire insurance. The exception to the insurance requirement includes family picnics, birthday parties, and other gatherings limited to an attendance of fewer than 30 people. All other applicants shall obtain insurance in the amounts and forms that the municipality deems reasonable and necessary.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. All groups are responsible for cleanup and setup of the facility and responsible for the cost of repair and/or damage to the facility.

E. Any group requesting use of a facility for a single use shall deposit $100 plus $1 per person as a cleaning deposit at least seven days prior to the use date. The deposit will be returned by the Borough Administrator upon satisfactory inspection following the use.

F. A record book shall be kept in the administrative offices of the Borough for purposes of scheduling use and for a record of use of municipal buildings and grounds.

G. No alcoholic beverages may be served in or at any public facility or limited-use facility.

H. No smoking is permitted in or at any indoor public facility or limited-use facility.

I. The group or organization, its members, guests and invitees shall follow all the laws of the State of New Jersey and all the ordinances of the Borough, including but not limited to fire regulations and occupancy limits.

J. The Mayor and Council may revoke permission granted to any group or organization for failing to follow laws, ordinances and regulations.

K. Youth groups and organizations shall be supervised by one person 18 years of age or older.

L. Application for use of facilities shall be on a first-come-first-served basis unless as otherwise set forth for limited-use facilities.

M. Inventory of Borough Facilities:

Benkovic Field	Baseball
Hillman Field	Baseball Field
Hillman Field	Soccer Field
Ackerman Park	Basketball Courts
Other Borough parks:
Ackerman Park
Centennial Park
Emerson Woods
Leo Rosengart Memorial Park (Sunset Park)
Longview Park
Washington Park

§ 187-5 Limited-use facilities.

The following are designated limited-use facilities, together with groups having priority in the use of those limited-use facilities:

A. Senior citizen center. Priority shall be granted to use by Emerson Senior Citizens Club in accordance with its bylaws and regulations.

B. Firehouse. Priority shall be granted to use by the Emerson Volunteer Fire Department, Inc., in accordance with Borough ordinances and the Department's bylaws.

C. Hillman Field. Priority shall be granted to use by the Recreation Commission of the Borough of Emerson as well as for official Borough events scheduled and sanctioned by the Mayor and Council.

D. Ambulance building. Priority shall be granted to use by the Emerson Volunteer Ambulance Corps, Inc., in accordance with Borough ordinances and the Corps' bylaws.

E. Playgrounds are designated for recreation in accordance with the rules and regulations posted at each playground.

F. The Municipal Building may be used as determined by the Mayor and Council.

G. The Borough library may only be used for library purposes except as authorized by the Mayor and Council.

§ 187-6 Severability and effectiveness clause.

A. To the extent this chapter is inconsistent with § 106-4, § 106-4 shall control.

B. If any sentence, paragraph or section of this chapter, or the application thereof to any persons or circumstances, shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this chapter shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this chapter.