[Adopted by Ord. No. 14-1974; amended in its entirety by Ord. No. 21-1997 (Ch. VIII of the 1998 Revised
General Ordinances)]
As used in this chapter, the following terms shall have the
meanings indicated:
MOTORIZED VEHICLE
Includes any vehicle designed primarily for the transportation
of one or more persons, which vehicle may be propelled other than
by muscular power.
TOWNSHIP PARK
Includes any park, reservation, playground, trail, recreation
center or other area within the Township which is owned or leased
by the Township and used for active or passive recreation or open
space.
[Adopted 9-8-2020 by Ord. No. 10-2020]
As used in this article, the following terms shall have the
meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that person's individual data with those on file
with the Federal Bureau of Investigation, Identification Division,
and the State Bureau of Identification of the Division of State Police
or a comparable database approved by the Township Police Chief.
EMPLOYEES
All full-time, part-time and seasonal individuals employed
by the Mendham Township and assigned to the Parks and Recreation Program.
SPONSORED PROGRAM
Recreation programs run directly and jointly by the Township,
including oversight, control and/or fiscal contribution.
STATE BUREAU OF IDENTIFICATION
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
VOLUNTEER
A person who has direct, nonsupervised and ongoing interaction
in the course of his/her service with minors. This includes, but is
not limited to, a coach, assistant coach and manager of a team.
VOLUNTEER REVIEW OPERATION (VRO)
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches, as specified in this article, or a similar agency
approved by the Township Police Chief who is under contract with the
Township of Mendham to provide criminal background checks.
YOUTH-SERVING ORGANIZATION
Any corporation, association or other organization which
provides recreational, cultural, charitable and social activities
for persons younger than 18 years of age.
The Township shall only permit the following exemptions under
this article:
A. Any person who, by virtue of his or her occupation, is required by
statute to undergo a federal and state criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder if such check was conducted
within the past year. The Township Police Chief shall be the approval
agency for this exemption. After such demonstration of proof of compliance,
such individual shall then be subject to subsequent checks pursuant
to this article.
B. If the organization already utilizes a different means for obtaining
criminal history record background checks, such as Little League Baseball,
then such organization may annually submit its own certification certifying
the names of the individual employees and/or volunteers and providing
proof that such criminal history record background check was performed
for that year. In addition, the organization must also submit to the
Department of Recreation and the Township Police Chief the guidelines
and parameters of such independent background check company for the
conducting of its background checks. In the event the Police Chief
determines that the independent background check company's guidelines
and parameters are insufficient, then the Township reserves the right
to not grant the exemption under this subsection to the organization.
Any violation of this article by a youth-serving organization
is considered a serious threat to the health and life of the youth
of the Township. As a result, upon violation, the Township may suspend
or terminate use of Township facilities, and the youth-serving organization
and the officer who executed the affidavit shall be subject to fines
and other penalties. In determining the remedy, such factors as whether
the breach was intentional, the severity of the noncompliance, and
the good-faith steps taken to cure the violation should be considered.