[Adopted 12-22-2004 by Ord. No. 04-057; amended 3-9-2008 by Ord. No.
08-006; 5-20-2009 by Ord. No. 09-016 (Ch. 2, § 2-281,
of the 1994 Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
COSPONSORED
The Township provision of funding or facilities, including
maintenance of facilities.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey Statutes or other law of the state and is exempt from federal
income taxes but excluding public and nonpublic schools, and which
provides sports-related activities or services for persons younger
than 18 years of age, in connection with Hamilton Township sponsored
or cosponsored sports programs or leagues.
REVIEW COMMITTEE or COMMITTEE
A three-member committee consisting of the Superintendent
of the Township's Division of Recreation, the Township's
Business Administrator and the Chief of the Hamilton Township Police
Division. The Committee shall be charged with the review of all appeals
by any employee or volunteer whose criminal history background check
reveals a disqualifying criminal conviction.
SPONSORED
Leagues and recreation run directly by the Hamilton Township
Recreation Division, including oversight, control and/or fiscal contribution.
SUPERVISED
To have the direction and oversight of the performance of
others.
UNSUPERVISED
Not supervised or not under constant observation.
VOLUNTEER
Any person involved with a Hamilton Township-sponsored or
cosponsored sports program or league who has regular unsupervised
direct access to minors as a result of their involvement with the
organization.
A person may be disqualified from serving as an employee or
volunteer of a nonprofit youth-serving organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
A. In New Jersey, any crime or disorderly persons offense:
(1) Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(2) Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.,
such as endangering the welfare of a child;
(3) Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes;
(4) Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes
except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10.
B. In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
Failure to comply with the criminal history background check
requirements of this article may result in the Township withholding
funding for the subject program or league and/or prohibiting the use
of Township facilities by that program or league.