This chapter shall be cited and referred to as "Facilities Use Regulations."
[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 11-14-2011 by Ord. No. 2011-10. Amendments noted where applicable.]
[Amended 5-12-2025 by Ord. No. 2025-07]
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.
Any formal corporate or business entity, including but not limited to corporations, limited liability companies, and partnerships, organized for the purposes of generating profit as determined by the Internal Revenue Service.
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.
[Amended 5-8-2023 by Ord. No. 2023-06; 5-12-2025 by Ord. No. 2025-07]
A.
It shall be unlawful for any resident individual, nonresident individual, nonprofit/service organization, for-profit organization/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.
(1)
Mark, deface, disfigure, injure, tamper with, or displace or remove any City property.
(2)
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.
(3)
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.
(4)
Endanger the safety of any person by any conduct or act, including disturbing the peace or committing any assault, battery or fighting.
(5)
Carry, possess or consume any alcoholic beverage, narcotics or drugs in any park, playground, open space, building or property of the City. Alcoholic beverages may be carried, possessed, or consumed at Old City Hall with the appropriate approvals and pursuant to the procedures outlined in Chapter 156 of the City Code.
(6)
Smoke tobacco products, cannabis, or any other substance, whether legal or illicit, in any City building.
(7)
Prevent any person from using any City facilities, or interfere with such use in compliance with these regulations.
(8)
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.
(9)
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.
(10)
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.
(11)
Use or cause to be used any loudspeakers, public address systems or amplifiers without first having obtained written permission from the City. Use of said devices must be reasonable, and shall not disturb the surrounding neighborhood. Pursuant to § 156-2 of the City Code, loudspeakers and other like devices may be utilized at Old City Hall, so long as the use is reasonable and does not disturb the surrounding neighborhood.
(12)
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.
(13)
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.
(14)
Swim in any pond, lake, stream, or any other body of water except areas designated and posted as approved for swimming.
(15)
Run a gas-operated watercraft in any pond, lake, stream, or any other body of water, except where designated.
(16)
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.
B.
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. Use of Old City Hall shall be consistent with Chapter 156 of the City Code.
C.
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. Where inconsistent with this chapter, use of Old City Hall shall be consistent with Chapter 156 of the City Code.
D.
Municipal facilities cannot be used for any purpose prohibited by law.
E.
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.
F.
Applications for the use of any municipal facility can be denied at the discretion of the Board of Commissioners or the City Clerk.
A.
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.
B.
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.
[Amended 5-12-2025 by Ord. No. 2025-07]
A.
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.
B.
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.
C.
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 individual, nonresident individual, nonprofit/service organization, for-profit organization/corporation, or any other entity.
D.
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.
E.
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.
[Amended 5-8-2023 by Ord. No. 2023-06; 5-12-2025 by Ord. No. 2025-07]
A.
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.
B.
Applications are not required for the unreserved use of parks, playgrounds and open space areas. However, should a resident individual, nonresident individual, nonprofit/service organization- for-profit organization/corporation, or any other entity wish to reserve exclusive use of a park, playground or open space area, an application 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.
C.
Applications for facilities use and/or written requests for park, playground or open space use should be hand delivered or mailed City Administration Building, PO Box 395, Bordentown, NJ 08505. The envelope should be clearly marked, "Facilities Use Request." In the alternative, the application can be emailed to the City Clerk. The subject of the email should read "Facilities Use Request."
D.
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. 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, and no less than 30 business days prior to said event. The applicant shall use the application prepared by the City.
E.
Applications and/or written requests not received in a timely manner may be denied by the Board of Commissioners and/or the City Clerk.
F.
A returnable deposit (check or money order payable to the City of Bordentown), consistent with the requirements listed § 155-7, 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.
G.
The City shall grant use of City facilities on a first come, first served basis, which is subject to availability. Resident individuals and nonprofit/service organizations shall have priority in case of scheduling conflicts.
H.
Once submitted, the application shall be reviewed by the City Clerk and when appropriate, the Chief of Police. The City Clerk and when appropriate, the Chief of Police, shall make a recommendation to approve or deny the application that shall be made to the Board of Commissioners for final approval or denial. The City shall not unreasonably deny a permit but may deny a permit where, in the Commissioner's sole discretion, they believe that the application has the potential to damage the building, will interfere with other simultaneous uses of the building, or the proposed permit is inconsistent with the provisions of this chapter.
[Amended 5-8-2023 by Ord. No. 2023-06; 6-12-2023 by Ord. No. 2023-12; 5-12-2025 by Ord. No. 2025-07]
A.
The fees charged for use of City facilities shall be as follows:
Fees | Class 1 Nonresident Individual or a For-Profit Organization/Corporation | Class 2 City resident individual, or nonprofit/service organization. |
|---|---|---|
Carslake Gymnasium | $200 | $100 |
Carslake Large meeting room | $150 | $75 |
Carslake Small meeting room | $100 | $50 |
Carslake Kitchen | $150 | $75 |
Park/playground1 | $100 | $50 |
Recreation attendant fee | $50 (flat fee) | No charge |
Security deposit | $200 | $200 |
NOTES: | |
|---|---|
1 | Your reservation of the park/playground does not constitute exclusive use. The park/playground is open to the public during normal playground hours. |
B.
Each rental period shall be for up to five hours. Each additional hour of use shall incur a $30 fee per hour.
C.
The above rental fees shall be waived for any committee, advisory committee, or similar organization, operated and sanctioned by the City.
D.
All permit fees and security deposits for use of Old City Hall shall be pursuant to § 156-7 of the City Code.
E.
The City Commissioners may amend the permanent fee schedule or waive a fee for a nonprofit/service organization by resolution.
[Amended 5-12-2025 by Ord. No. 2025-07]
A.
Any resident individual, nonresident individual, nonprofit/service organization, for-profit organization/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.
(1)
For-profit organization/corporations 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).
(2)
Resident individuals or nonresident individuals users must provide proof of liability insurance in accordance with their homeowner's policy, or where appropriate, a similar certificate of liability insurance.
(3)
For nonprofit/service organizations and City operated and sanctioned committees, advisory committees, and similar organizations, proof of insurance will be at the discretion of the Board of Commissioners.
B.
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.
C.
The applicant(s) must sign an agreement indemnifying the City, including reimbursement of all expenses, attorney's fees and costs, 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 or any of its agents, employees or otherwise.
[Added 5-12-2025 by Ord. No. 2025-07]
A.
In addition to the payment for any damage to the building, any individual found in violation of this chapter, shall, upon conviction by a court of competent jurisdiction, pay a fine not to exceed $2,000, be ordered to perform up to 90 hours of community service or be incarcerated for a term of up to 90 days or a combination thereof. Each and every day of a violation shall be a unique and separate offense.
B.
This chapter may be enforced by a representative of the City Commissioners, the City Clerk or any member of the City Police Department or other law enforcement agent with jurisdiction.