[HISTORY: Adopted by the Township of Howell 9-9-2014 by Ord. No. O-14-21. Amendments noted where applicable.]
Township Council recognizes that:
A. 
Municipal parks and playgrounds and facilities are public property and, as such, should be made available for public use, when it is determined that such use would not subject the parks, playgrounds, facilities or participants to any harm or injury. Use of these municipal assets should be programmed and regulated for the convenience of their users in order to ensure availability and safety, and proper maintenance and care is required in order to maintain them and keep them in proper condition for their users.
B. 
As such, the Howell Township Council has adopted the following rules and regulations as a means of improving the accessibility of Howell's municipal public recreation fields and facilities and, at the same time, providing for their safe, constructive and prolonged use.
A. 
It shall be unlawful for any person, 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 Township of Howell. The provisions herein shall not apply to any authorized official of the Township in pursuit of any official duty or person having prior written permission from the Township.
(1) 
Mark, deface, disfigure, injure, tamper with, or displace or remove any Township 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 (unless specifically permitted by the Township), narcotics or drugs in any park, playground, open space, building or property of the Township.
(6) 
Smoke in any Township building (see also Chapter 302).
(7) 
Prevent any person from using any Township 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 on a street, driveway or parking lot in 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 services within any park, playground, open space, building or property of the Township where such activity is purely for pecuniary profit, or solicit funds for any purpose, other than employees and officials of the Township of Howell or persons having prior written permission from the Township by way of any lease agreement, resolution or concession contract.
(10) 
Use or cause to be used any loudspeakers, public-address systems or amplifiers without first having obtained written permission from the Township by way of any lease agreement, resolution or concession contract.
(11) 
Hold, possess or use any firearm or weapon in or within any playground or Township structure or property.
(12) 
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.
(13) 
Swim in any pond, lake, stream, or any other body of water except areas designated and posted as approved for swimming.
(14) 
Run a gas-operated watercraft in any pond, lake, stream, or any other body of water, except where designated.
(15) 
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.
(16) 
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.
(17) 
Picnic in any place other than those designated for that purpose. Township officials shall have the authority to regulate activities in these areas when necessary to prevent congestion and to secure the maximum use for comfort and convenience for all.
B. 
Howell Township reserves the right to prohibit, rescind or change the use of public parks, playgrounds and facilities, regardless of prior approval for use. Whenever practicable, reasonable notice will be provided.
C. 
All indoor activities must terminate by 11:00 p.m., unless prior written approval is obtained. All unlighted outdoor activities must terminate by sunset. Activities at lighted facilities, designated for evening use, must terminate by 10:00 p.m., unless otherwise approved by the Township. Indoor activities conducted at Echo Lake shall comply with the rules and regulations governing the use of the facility and must complete and submit the application along with the appropriate fee to the Township prior to any use of the facility. The Echo Lake Facility Use Agreement and the rules and regulations may be obtained from the Department of Public Works.
D. 
Municipal facilities cannot be used for any purpose prohibited by law.
E. 
Open fires are prohibited, except when approved by the Township and any and all government agencies having jurisdiction therein.
[Amended 4-6-2015 by Ord. No. O-15-14]
F. 
Applications for the use of any municipal facility can be denied at the discretion of the Township.
G. 
Use of charcoal and wood-burning grills is strictly prohibited in all public parks within the Township of Howell. However, use of propane gas grills shall be permitted provided that the necessary permit is issued from the Howell Township Fire Bureau. The permit fee is identified in Chapter 139. All users must also have the necessary approval for use of the field (by lease or permit) prior to issuance of the Howell Township Fire Bureau permit.
[Added 4-6-2015 by Ord. No. O-15-14]
A. 
Applicants granted use of the public parks and 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 public parks and 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.
A. 
The permitee must report any problems encountered with respect to the use of the public parks and facility to the Department of Public Works within 24 hours of the conclusion of the activity.
B. 
Proper use of the public parks and facilities is of the utmost importance. Organizations or groups failing to abide by the provisions of this policy will be asked to curtail their event(s) and may be denied further use of Township facilities.
A. 
Parking is limited to designated parking areas.
B. 
No vehicles are permitted on any park, playground or open space, except for emergency situations only.
C. 
Violation of the parking policy will result in revocation of the applicant's privilege to continue utilizing the facility in addition to any Title 39 summons issued by the Township of Howell Police Department.
A. 
Applications for the use of municipal parks, playgrounds and facilities are required for the following: organized event, contest, sports activities (those organizations without a lease agreement with the Township of Howell) and any other organized gathering.
B. 
Applications for the use of any municipal park, playground or facility available for use can be obtained by calling the Township of Howell Department of Public Works or in person at or requested by mail from:
Howell Township Department of Public Works
4567 Route 9 North
Howell, NJ 07731
C. 
The application must identify the name and address of the applicant and names of and address of person, persons, corporation or association sponsoring the activity, if any, the day and hours of the desired activity, the location of the park, playground or facility and any other information deemed relevant and requested in the application.
D. 
All multiday athletic-related applications with any organization, other than those organizations who currently have a lease agreement in place with the Township of Howell for use of certain fields, must be submitted to the Department of Public Works in writing no more than six months prior to the start of a specific sporting event, nor less than 10 business days prior to said event.
E. 
All organized groups, including but not limited to school-sponsored organizations and any religious or charitable organization, must submit an application to the Department of Public Works no less than one week in advance of the use of the public park, playground or facility.
F. 
Any organization travelling by bus or van must obtain a daily bus or van parking permit. Applications for daily parking permits may be obtained from the Department of Public Works and shall be submitted to the Department of Public Works at the same time the application for use of the premises is submitted. Payment of the permit fee and a permit will be required for each individual bus. A determination will be made during the application review process if the selected site can accommodate the number of buses.
G. 
A refundable deposit of $250 (check or money order payable to Howell Township) is required with all applications. This deposit will be used to cover any damage to Township property or cleaning required due to the use of property. Users will be notified in writing by the Department of Public Works if any such charge will be assessed along with an explanation for the assessment.
H. 
Fees are required with certain applications as provided for in § 139-69 of the Revised General Ordinances of the Township of Howell.
I. 
Proof of insurance, with Howell Township named as an additional insured, is required with certain applications and in accordance with the provisions set forth herein.
J. 
An original, signed liability insurance indemnification and waiver is required with certain applications.
K. 
Completed applications should be returned to the Department of Public Works at the above address. Applications are considered on a first-come-first-serve basis. All applicable payments/deposits (check or money order payable to Howell Township), insurance requirements, and roster memberships must accompany applications.
L. 
If the application is correctly completed and the facility is available, confirmation of scheduling dates will usually occur within 10 days of initial submittal. An executed permit will be immediately issued and will be either mailed or made available for pickup, per the applicant's request. The executed permit must be present with the user group's representative at all scheduled activities.
M. 
Permits are not transferable. All rental fees, deposits, and service charges shall be paid in advance.
N. 
The proposed activity shall not unreasonably interfere with or detract from the general public use and enjoyment of the park, and will not unreasonably interfere with or detract from the promotion of public health, safety and welfare and recreation.
O. 
The proposed activity shall not entail extraordinary or burdensome expense or police operation by the Township.
P. 
In the event the requested location is not available the applicant will be notified as soon as possible.
All organizations and/or leagues and all for-profit youth organizations will be required to pay the appropriate fee for use of municipal parks and facilities as provided in § 139-69 of the Revised General Ordinances of the Township of Howell. In addition to the fees set forth in § 139-69, a refundable deposit of $250 is required by all organizations as mentioned in § 233-7 of this chapter.
A. 
Formal organizations (i.e., Boy Scouts, athletic leagues) that wish to use municipal parks and facilities must maintain adequate insurance coverage and provide proof of coverage with their application. An original executed certificate of insurance is required at the time of application. Informal groups, however, are free to use the parks and playgrounds and facilities without insurance coverage, contingent upon the execution of an indemnification and waiver, which is described in this chapter. The exception to this provision is the use of Echo Lake Pavilion. Any use of Echo Lake facility requires the applicant to comply with the rules and regulations in place and the completion of the Echo Lake Facility Use Agreement. Insurance requirements may also be waived for municipally sponsored meetings or events. Determination as whether a group is formal or informal will be made by the Township Manager and Township Attorney. Factors that will be considered include, but are not limited to, incorporation status, size of membership, frequency of gatherings, and existing insurance.
B. 
Those users required to have insurance must present satisfactory evidence (original executed certificate of insurance) of insurance protection for participants, spectators, coaches and the public within the following terms and conditions. The applicant must maintain commercial 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 location and shall state such activities on the certificate of insurance. The certificate shall name the Township of Howell as the certificate holder and as an additional insured as well as naming NJDEP Green Acres Program as an additional insured where any green-acre-funded fields are used by any such organizations for the full duration of the use of the property.
A. 
Users must sign a waiver in which they agree to waive and relinquish all claims, and causes of action, of every kind which they have or may have against the Township of Howell arising out of the use of the parks, playground or 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 premises.
B. 
Users must indemnify the Township of Howell 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 park, playground or facility, and, the defense of any such claims or action, whether the liability, loss or damage is caused by, or arise out of, negligence of the Township of Howell, or any of the agents, employees or otherwise. The user must further agree to reimburse the Township of Howell and/or for any and all expenses, attorney's fees, or costs incurred in the enforcement of this waiver and indemnification.
C. 
Applicants may obtain the indemnification and hold harmless agreement from the Township of Howell Department of Public Works.
Applications for the use of municipal parks, playgrounds and facilities will be scheduled on a first-come-first-serve basis. When more than one complete application is received for the same date(s), the following priority order will apply. In all instances, priority is given to Howell Township residents.
A. 
Meetings or events directly sponsored by the Township Council or Township employees for municipal purposes.
B. 
Meetings of municipal advisory boards and committees.
C. 
Meetings or events directly sponsored by Township departments and/or employees for municipal purposes.
D. 
Youth recreational activities or service organizations.
E. 
Adult member organizations.
A. 
The provisions of this chapter may be enforced by the Code Enforcement Officer, Director of Land Use or any member of the Township of Howell Police Department. Any person violating, refusing or neglecting to comply with the provisions of this chapter shall be, upon conviction thereof, subject to one or more of the following:
(1) 
A fine of not more than $1,000 and not less than $100.
(2) 
Imprisonment for a period not exceeding 90 days.
(3) 
Performance of community service for a period not exceeding 90 days.
B. 
The Township of Howell retains the right to deny the use of any municipal park, playground or facility where the applicant was found to be in violation of this chapter on more than three occasions.