A. 
As used in this article, the following word shall have the following meanings:
ADULT
Persons who have attained the age of 18 years.
BOROUGH
The Borough of Hawthorne.
CHILD
Persons who have attained the age of three but have not attained the age of 12.
FAMILY
No more than two person who have attained the age of 21 and no more than four persons who are under the age of 21, being related by blood or marriage or otherwise living together as a family unit in the same household.
GOVERNING BODY
The Municipal Council of the Borough of Hawthorne.
GUEST
Bona fide guests of a resident.
INFANT
Persons who have not yet attained the age of three years.
JUNIOR
Persons who have attained the age of 12 years but have not attained the age of 18 years.
RESIDENT
Persons who are bona fide domiciled in the Borough.
SENIOR
Persons who have attained the age of 65.
SWIMMING FACILITIES
That portion of the Borough-owned property designated as "Lot 15 in Block 47" upon which is located the Hawthorne Memorial Swimming Pool and more specifically the area bordered by the fence immediately surrounding the pool area, including the main pool, kiddie pool, bathhouse, rest rooms and seating area immediately adjacent to the pool and within the perimeter fence.
B. 
Any word herein importing the masculine gender shall include and apply to females as well as males. Any word herein importing the singular number shall include and apply to several persons as well as one person. For purposes of determining age, the age a person has attained as of Labor Day in each year shall be the age that shall prevail.
The use of the swimming facilities shall be subject to such rules and regulations as may from time to time be promulgated by the Administration, in consultation with the Board of Recreation, not inconsistent with this article. The rules and regulations shall be filed with the Borough Clerk for public inspection by March 1 of each year. A copy of such rules and regulations shall also be posted upon a bulletin board or other conspicuous place at the swimming facilities as the Administration may select. Such rules and regulations shall be enforced by the Administration and by the person or persons designated by the Administration or authorized by this article to enforce such rules.
The swimming facilities shall be open on such days and during such hours as shall be determined by the Administration, and no person not specifically authorized by the Administration shall enter upon or use said swimming facilities except upon such days and within such hours that said swimming facilities are open for the enjoyment thereof in accordance with the rules and regulations established by the Administration and the provisions of this article. The use of such swimming facilities, because of their limited accommodations, shall be limited to residents of the Borough and their guests as hereinafter provided, subject to the payment of the fees as hereinafter stated.
A. 
The use of the swimming facilities, except as herein otherwise provided, shall be limited to those residents who purchase badges from the Borough at such hours and at such location as may be designated by the Administration from time to time. All persons utilizing the swimming facilities shall have said badge in his or her possession when applying for admission to the swimming facilities. The fees or charges are as set forth in Chapter 220, Fees.
B. 
The following badges shall be issued by the Administration to persons making application to purchase a badge for use of the swimming facility:
(1) 
Individual season pass.
(2) 
Family season pass.
(3) 
Senior season pass.
(4) 
One-day pass.
(5) 
Guest pass.
(6) 
Health care provider pass.
(7) 
Group pass.
C. 
No season admission badges or one-day badges shall be issued to any person other than a bona fide resident of the Borough of Hawthorne unless otherwise authorized herein. Nonresident guest passes may only be obtained by bona fide residents of the Borough of Hawthorne. Not more than two guest passes may be issued on any given day to any resident of the Borough of Hawthorne, and no guest may utilize the swimming facility unless accompanied by a bona fide resident having a badge allowing for use of the swimming facility on that day. No more than two guests may accompany any one resident. Any resident obtaining a guest pass shall be responsible for the actions and activities of his or her guest. The Administration reserves the right to suspend the sale of guest passes in its discretion so as to prevent overcrowding and preserve public safety at the facility.
D. 
No person, even though there has been issued to him or her an admission badge, who has not attained the age of 12 years, shall be admitted to, or shall be permitted to remain once admitted to, the swimming facilities unless such person is accompanied by an adult holder of a badge permitting entry to the facility. Infants and children must be supervised by an adult badge holder at all times while using the swimming facility.
E. 
All persons within the swimming pool area must prominently display or have readily available for display at all times a membership badge.
F. 
Season passes and one-day passes shall only be available to bona fide residents of the Borough of Hawthorne upon presentation of such identification as may be required for the issuance of such pass as determined by the Administration.
G. 
Health care provider passes shall be available to persons providing health care assistance to a bona fide resident of the Borough of Hawthorne, who shall also be required to obtain a pass as set forth above. The possessor of a health care provider pass may only utilize said pass and the swimming facility at such times as the individual is providing health care assistance to a resident of the Borough of Hawthorne also using the swimming facility. For purposes of this section, Health Care Providers shall also include providers of day-care services to any person.
H. 
Group passes shall be available in the sole discretion of the Administration. Any resident or other entity making such application shall submit such information as may be required by the Administration. The fee to be charged to any group receiving approval for a group pass shall be as determined by the Administration.
The governing body, the Mayor, the Administrator, the Chief of Police or such person or persons authorized to do so may close the swimming facilities whenever, in his or her judgment, such action is deemed necessary or desirable for the protection of the health or welfare of such residents or guests entitled to use the swimming facilities or for the protection of the health and welfare of the people of the Borough at large, and such action shall in no way entitle the holders of any season admission badges to any refund therefor.
The Mayor, the Administrator, members of the Police Department of the Borough, the chief lifeguard and all other lifeguards and any other persons authorized by the governing body or the Mayor shall have authority to prohibit any action or conduct which they may consider to be dangerous, improper or immoral or in violation of the rules and regulations promulgated by the Administration or in contravention of this article, and they shall have the power to expel or suspend the privileges otherwise granted to the holder of admission badges or their guests. In addition, the privileges of a resident badge holder may be suspended or the person expelled in the event a guest of the resident badge holder engages in conduct warranting expulsion of the guest or suspension of his or her privileges. In the event of expulsion or suspension of privileges, no refund of any amount paid for the privilege of using the swimming facility shall be available.
Any person or persons violating any of the provisions of this article shall, in addition to any potential loss or suspension of privilege as set forth above, may be subject to the fines and penalties set forth in this chapter.[1]
[1]
Editor's Note: See § 350-3.