[Adopted 4-6-2006 by Ord. No. 10-06]
This article shall be known and cited as the "Mine Hill Township
Ordinance Regulating Playing Fields."
The following words shall have the following meanings, unless
the context clearly indicates otherwise:
The Community and Recreation Advisory Committee.
[Amended 2-16-2012 by Ord. No. 04-12[1]]
The Township Director of Recreation.
The Township of Mine Hill.
Any use of playing fields under the control and/or sponsorship
of a league, organization or corporation.
Any written license issued by or under the authority of the
Township, permitting an event or activity on a playing field or playing
fields.
Any natural person, corporation, company, association, joint-stock
association, firm or copartnership.
Any of the recreational areas that are located on Township-owned
property, including but not limited to soccer fields, baseball fields,
softball fields, football fields, and other playing fields utilized
for the organized activities of the Community and Recreation Advisory
Committee.[2]
Any person employed by the Police Department as a regular
or special police officer.[3]
A.
Required for organized activity. No playing field shall be used by
any group of 10 or more persons without a previously issued permit
by the Committee for the use of said playing fields. Any person or
group of persons may use any of the playing fields for a permitted
use, provided that no person or organization has previously been issued
a permit for use of said facilities by the Committee and that no organized
activity has been previously scheduled on such playing field; provided,
however, that no organized activity shall be allowed on any portion
of any playing field prior to issuance of a permit for any such organized
activity.
B.
Application. Any person, organization or group of persons seeking
the issuance of a permit shall file an application with the Committee,
and this application shall state the following:
(1)
The name and address of the applicant;
(2)
The name and address of the person, persons, corporation or association
sponsoring the activity, if any;
(3)
The day and hours for which the permit is desired;
(4)
The playing field or portion thereof for which such permit is desired;
(5)
An estimate of the anticipated number of participants;
(6)
An estimate of the anticipated attendance;
(7)
A copy of the insurance policy covering the event shall be provided
with each application.
C.
Standards for issuance. The Committee shall issue a permit hereunder
when it finds that the activities for which the permit is sought are
not in violation of the requirements of this article and that that
portion of the playing fields sought to be used is available and it
would not conflict with any other organized activity.
D.
Appeal. In the event a person, group or organization is denied a
permit by the Committee, said person, group or organization may appeal
the denial of said permit to the Mayor by filing a written notice
of appeal to the Mayor within 48 hours after being officially notified
of the denial of the permit by the Committee. The Mayor shall thereafter,
as soon as possible, schedule a hearing to ascertain all of the facts
involving the application for the permit, and the Mayor may overrule
the decision of the Committee and authorize the issuance of a permit.
In the event that the Mayor shall deny the permit after the hearing,
the person, group or organization shall then appeal the denial of
the Mayor for the permit to the Council by filing a written notice
of appeal to the Municipal Council within 48 hours after the official
denial of the permit by the Mayor. The Municipal Council shall thereafter,
as soon as possible, schedule a hearing to ascertain all of the facts
involving the application for the permit, and the Municipal Council
may overrule the decision of the Mayor and authorize the issuance
of a permit.
E.
Indemnification and insurance. In those instances where a permit
is applied for and granted so as to allow for the use of a playing
field for any organized activity other than a purely social or civic
or cultural activity, then, in such an event, the permittee shall
be required to execute an indemnification agreement as well as provide
the appropriate levels of liability insurance to protect the interests
of the municipality.
F.
Exhibit permit. No person shall fail to produce or exhibit any permit
upon the request of the Mayor, Council person, member of the Committee
or police, whichever the case may be, which he claims to have and
who shall desire to inspect the same for the purpose of enforcing
and complying with any ordinance or rule.
Any person violating any provision of this article shall be
subject to the following penalty:
A.
B.
Separate violations. Except as otherwise provided, every day in which
a violation of any provision of this article exists shall constitute
a separate violation. Except as otherwise provided, each and every
person participating in any event on any playing field or attending
the event as a spectator shall be subject to citation for violation
of this article.
