[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 11-14-2011 by Ord. No. 2011-10. Amendments noted where applicable.]
This chapter shall be cited and referred to as "Facilities Use Regulations."
For the purpose of this chapter, unless the context clearly indicates a different meaning, the following definitions shall apply:
- Municipally owned building or park, playground or open space controlled or owned by the City of Bordentown.
- INFORMAL ORGANIZATIONS/GROUPS
- Groups of individuals who associate for a common purpose.
- NONPROFIT ORGANIZATIONS/GROUPS
- Groups of individuals organized for purposes other than generating profit as determined by the Internal Revenue Service.
- Person/persons not residing within the municipal boundaries.
- Person/persons residing within the municipal boundaries.
It shall be unlawful for any resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity to perform or permit to be performed any of the following acts within any park, playground, open space, building or property of the City of Bordentown. The provisions herein shall not apply to any authorized official of the City in pursuit of any official duty or person having prior written permission from the City.
Mark, deface, disfigure, injure, tamper with, or displace or remove any City property.
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or open space area, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, likely to result in pollution of said water.
Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash in any waters in or contiguous to any park, playground or open space area, or anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided, and where receptacles are not so provided, all such rubbish or waste shall be carried away from the park or open space area by the person(s) responsible for its presence and properly disposed of elsewhere.
Endanger the safety of any person by any conduct or act, including disturbing the peace or committing any assault, battery or fighting.
Carry, possess or consume any alcoholic beverage (unless specifically permitted by the City), narcotics or drugs in any park, playground, open space, building or property of the City.
Smoke in any City building.
Prevent any person from using any City facilities, or interfere with such use in compliance with these regulations.
Operate, drive or park any automobile or motorcycle or other motorized vehicle, except a child's motorized toy or a motorized aid to the handicapped, on any area other than the street, driveway or parking lot of any park, playground or open space area or park or leave any such vehicle in any place other than the areas designated for public parking. No motorized vehicles shall be permitted in any park, playground or open space area except in specific locations provided for said use, if any.
Solicit funds for any purpose or sell, vend, peddle or offer for sale any commodity, article, or service within any park, playground, open space, building or property of the City where such activity is purely for pecuniary profit, or solicit funds for any purpose, other than persons having prior written permission or received permits from the City for said purposes.
Paste, glue, tack or otherwise post or hang any sign, placard, advertisement, or inscription whatsoever in any park, playground, open space area, building or property in any public lands, highways or roads adjacent to said area.
Use or cause to be used any loudspeakers, public-address systems or amplifiers without first having obtained written permission from the City.
Hold, possess or use any firearm or weapon in or within 300 yards of any playground or City structure or property, unless the individual is required to carry a firearm or weapon in the pursuit of his or her employment.
Molest, trap, capture or hunt, remove, injure or kill any animal, fish or other wildlife or disturb its habitat, except in portions of any park or open space area so designated.
Swim in any pond, lake, stream, or any other body of water except areas designated and posted as approved for swimming.
Run a gas-operated watercraft in any pond, lake, stream, or any other body of water, except where designated.
Allow any pet to roam unleashed in any park or playground, except where designated. Any and all fecal matter emitted from pets must be removed and carried away by the owner, except in designated areas.
Bordentown City reserves the right to prohibit, rescind or change the use of facilities, regardless of prior approval for use. Whenever practicable, reasonable notice will be provided.
All indoor activities must terminate by 10:00 p.m., unless prior written approval is obtained. All unlighted outdoor activities must terminate by sunset. Activities at outdoor light facilities, designated for evening use, must terminate by 10:00 p.m., unless otherwise approved by the City.
Municipal facilities cannot be used for any purpose prohibited by law.
Open fires are prohibited, except when approved by the City and any and all government agencies having jurisdiction therein. However, charcoal grills are permitted in designated picnic areas upon proof of insurance and prior written approval from the City.
Applications for the use of any municipal facility can be denied at the discretion of the Board of Commissioners or the City Clerk.
Applicants who are granted use of the facilities are responsible for the proper supervision of all participants and spectators. Those participants under the age of 18 years are not to be left unattended at any time.
Applicants granted use of the facilities will be held responsible for any personal injury or property damage resulting from the lack of supervision or poor supervision of participants or spectators.
Any problems encountered with the facility must be reported to the City Clerk within 24 hours of the conclusion of the activity or on the next business day.
Proper use of the facilities is of the utmost importance. Resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity failing to abide by the provisions of this policy will be asked to curtail their event(s) and may be denied further use of municipally owned facilities.
Facilities must be left clean and orderly. Chairs and tables shall be returned to their original positions, and lights and air conditioning/heating should be turned off or adjusted as directed or posted at the facility. Parks, playgrounds, or open space areas shall be clear of debris resulting directly or indirectly from use by any resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity.
Users of facilities automatically assume responsibility and liability for all damages and loss to City property that occurs while using said facilities, parks, playgrounds or open space areas.
Parking is limited to designated parking areas. No vehicles are permitted on any park, playground or open space, except for emergency situations only. Violation of the parking policy will result in revocation of the applicant's privilege to continue utilizing the facility, park, playground or open space area.
Applications for the use of municipal facilities are required for organized games, contests, picnics, sports activities and any other organized gathering. Use of municipally owned property/facilities is not allowed for religious services.
Applications are not required for the unreserved use of parks, playgrounds and open space areas. However, should a resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity wish to reserve exclusive use of a park, playground or open space area, a letter outlining the request of the resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity must be submitted for consideration by the Board of Commissioners and/or the City Clerk. Information contained in the written request should include, but not be limited to, date, time period, purpose or intended use, and approximate number of attendees.
Applications for facilities use and/or written requests for park, playground or open space use should be hand delivered or mailed to City Hall, 324 Farnsworth Avenue, Bordentown, NJ 08505. The envelope should be clearly marked, "Facilities Use Request."
Applications and/or written requests should be submitted at least 30 days prior to the date of the event and be accompanied by proof of insurance when required. Applications and/or written requests not received in a timely manner may be denied by the Board of Commissioners and/or the City Clerk.
All multiday athletic-related applications must be submitted to the City Clerk in writing no more than six months prior to the start of a specific sporting event, nor less than 30 business days prior to said event.
A returnable deposit (check or money order payable to the City of Bordentown) of $200 is required with all applications. This deposit will be used to cover any damage to City property or cleaning required due to the use of site. Users will be notified in writing by the City Clerk's office if any such charge will be assessed.
The City shall grant use of City facilities on a first come, first served basis, which is subject to availability.
Any resident, nonresident, informal organization or group, nonprofit organization or group, firm, corporation or any other entity will be required to provide proof of liability insurance when submitting an application for the use of any municipally owned facility, park, playground or open space.
For-profit organization, corporations or firms must provide proof of general liability insurance with limits of liability not less than $1,000,000 per occurrence and aggregate. The policy will provide coverage for the user's activity at the approved facilities and shall state such activities on the certificate of insurance. The certificate shall name the City of Bordentown as the certificate holder and as an additional insured for the full duration of the use of the facility(ies).
Resident or nonresident, informal organization or group users must provide proof of liability insurance in accordance with their homeowner's policy.
Nonprofit/service organizations' proof of insurance will be at the discretion of the Board of Commissioners and/or the City Clerk.
Users must sign a waiver in which they agree to waive and relinquish all claims and cause of action of every kind which they have or may have against the City of Bordentown arising out of the use of the facility resulting in personal injury and/or property damage. The users must recognize and acknowledge that they assume all risks in connection with the use of the facility.
Users must indemnify the City of Bordentown of any and all liability of loss and against all claims or actions based upon or arising out of damage or injury (including both) to persons or property caused by or sustained in connection with the applicant's use of the facility and the defense of any such claims or action whether the liability loss or damage is caused by or arises out of negligence of the City of Bordentown or any of the agents, employees or otherwise. The user must further agree to reimburse the City of Bordentown for any and all expenses, attorney's fees or costs incurred in the enforcement of this waiver and indemnification.