[HISTORY: Adopted by the Mayor and Council of the Borough
of Madison 3-9-2015 by Ord. No.
8-2015. Amendments noted where applicable.]
There hereby is created a Recreation Department in the Borough
of Madison. The Recreation Department shall have as its purpose to
maintain, promote and facilitate use of Borough-owned parks and recreational
facilities and to provide both passive and active recreational programs,
including, but not limited to, athletics and related physical programs.
There shall be a Borough of Madison Recreation Department, the
head of which shall be the Recreation Director. With guidance from
the Borough Administrator and the Recreation Advisory Committee, the
Recreation Director shall: administer and operate athletic fields
and facilities for indoor and outdoor sports, athletics, and recreational
programs for children and adults; support and administer cultural
and recreational programs, activities, and organizations; and administer
and enforce all rules, ordinances, and regulations relating to Recreation
Department activities.
The Madison Recreation Department shall control all lands, playgrounds
and recreation places in a safe and wholesome condition for use. Suitable
rules, regulations, and by-laws for the care of Borough property,
for the conduct of all such persons while on or using such property,
and any other appropriate regulations pertaining to Borough Recreation
Programs shall be adopted by the Recreation Department with the advice
and consent of the Borough Administrator and the Borough Attorney.
Any person who shall violate any such rules, regulations, or by-laws
shall be adjudged to be a disorderly person.
A.
The Borough of Madison will recognize one organization for each sport
as the primary organization for that sport annually by resolution;
that organization shall be the one with the largest number of Madison
youths participating; and that organization shall receive priority
when reserving facility space. One primary contact per organization
shall be designated to represent each organization. Each sports organization
is required to have a minimum three-person Board of Directors.
B.
Unless waived by the Administrator, any sports program that is a
separate legal entity which is granted permission to conduct recreational
activities at Borough facilities shall provide a certificate of insurance
in the amount of $500,000, combined single limit, covering property
damage, liability and workers compensation, and naming the Borough
as an additional insured with a thirty-day notice of cancellation.
A.
Facility use will be allocated to the various sports programs in
accordance with policies established by the Recreation Director and
the Recreation Advisory Committee, with the advice and consent of
the Borough Administrator.
B.
Use of Borough facilities shall occur only after all required paperwork
has been submitted to the Recreation Director as directed in this
chapter, including but not limited to coach information, verification
of coach training, criminal history record background checks, player
information, and proof that the Code of Conduct has been distributed
and enacted by every person involved.
C.
After each practice or event, the user must return the facility in a satisfactory condition, free of debris, rubbish and equipment, and shall observe all Borough ordinances, rules and regulations. Failure to do so shall be considered a violation of Borough regulations and shall result in penalties as described in § 137-8 of this chapter.
A.
The Borough of Madison requires that all employees and volunteers,
18 years of age and older, of a nonprofit youth-serving organization
as a condition of coaching or using the Borough of Madison's
facilities, submit to a criminal history record background check by
an authorized vendor. The criminal history record background check
shall be required of any coach or any person with direct access to
minors involved in any youth-serving recreation program as determined
by the Recreation Director. The criminal history record background
check shall be performed annually or in a frequency as determined
by state statute. The costs of said criminal history record background
check will be borne by the applicant.
(1)
A nonprofit youth-serving organization or organization is defined
as any corporation, association or organization established pursuant
to Title 15 or Title 15A of the New Jersey Revised Statutes, or other
law of this state, but excluding public and nonpublic schools, and
that provides recreational, cultural, charitable, social or other
services for persons younger than 18 years of age, and is exempt from
federal income taxes.
B.
An authorized vendor is defined as a vendor which is recognized by
the Recreation Department and authorized by the State of New Jersey
to conduct criminal history record background checks. A criminal history
record background check is defined as a background check that complies
with State of New Jersey Public Law 199, Chapter 432,[1] and all other appropriate statutes.
[1]
Editor's Note: See N.J.S.A. 15A:3A-1 et seq.
C.
Criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons or entities. Any person
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
D.
Failure to comply with this section may result in the Borough withholding
funding for the program or league, and/or prohibiting use of Borough
facilities.
E.
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 or offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.
(b)
Against the family, children or incompetent, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:14-1 et seq.
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Revised Statutes.
F.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a nonprofit youth servicing organization and/or the employee
or volunteer involved with Borough-sponsored programs involving minors,
the Borough shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
G.
Challenge of accuracy of criminal history report.
(1)
If a criminal history record may disqualify an employee or volunteer
for any purpose, the employee or volunteer shall be provided with
an opportunity to complete and challenge the accuracy of the information
contained in the criminal history record. The employee or volunteer
shall be afforded a reasonable period of time to correct and complete
this record. A person is not presumed guilty of any charges or arrests
for which there are no final dispositions indicated on the record.
The Recreation Department shall coordinated between the employee or
volunteer and the Division of the State Police or the authorized vendor
any such opportunity to complete or challenge the accuracy of the
information contained in the criminal history record.
(2)
No person or entity shall be held liable in any civil or criminal
action brought by a party based on any written notification on filed
with the Police Department pursuant to the provisions of this section.
H.
Notification of subsequent disqualifying offense. If an employee or volunteer is convicted of a disqualifying crime or offense as specified in Subsection E hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Borough Administrator of that fact. Such person shall be immediately disqualified from his or her position.
I.
Violation and penalties. Failure to comply with this section may
result in the Borough withholding funding for the program or league,
and/or prohibiting the use of Borough facilities.
A.
Regulations regarding the suspension of activity due to lightning
or other safety related issues shall be established by the Borough
Administrator and the Borough Attorney with advice and input from
the Recreation Director and Recreation Advisory Committee. Said regulations
shall apply to all recreation programs and all organizations that
have acquired field rental permits. Signs shall be posted at each
park referencing the safety and lightning regulations.
B.
A policy regarding minimum coach training including but not limited
to training in safety and conduct, shall be established by the Borough
Administrator and the Borough Attorney with advice and input from
the Recreation Director and Recreation Advisory Committee.
A.
All organizations affiliated with the Madison Recreation Department
must distribute and enforce a Code of Conduct as determined by the
Recreation Department with the advice and consent of the Borough Administrator
and the Borough Attorney. Sports organizations are required to report
all potential Code of Conduct violations to the Recreation Director
and Borough Administrator as soon as possible and no later than 48
hours after the incident.
B.
Signs referencing the Code of Conduct shall be placed at every Borough-owned
sports facility.
C.
Compliance with Code of Conduct. Every participant, parent, guest, spectator, coach, or official attending or participating in any manner in any recreational activity, conducted under the auspices of the Madison Recreation Department, shall comply with the Code of Conduct. The Code of Conduct shall apply whether or not the event occurs within the Borough of Madison, provided it is conducted under the auspices of the Madison Recreation Department. Failure to comply with the Code of Conduct may result in suspension or other penalty as described in § 137-9 of this chapter. Without limitation, the following conduct is prohibited and shall be considered a violation of the code of conduct as determined by the Recreation Director:
(1)
Fights, scuffles, aggressive verbal arguments, and threats. Initiating
a fight, scuffle, aggressive verbal argument or any type of physical
altercation or abuse or threats of abuse, towards any participant,
parent, guest, spectator, coach or official.
(2)
Interference with recreational activities. Interfering with recreational
activities, including, but not limited to, entering the field of play,
court, or rink, during any recreational activity conducted under the
auspices of the Madison Recreation Department for the purpose of physically
or verbally abusing or confronting coaches.
(3)
Use of obscene or profane language. Using obscene or profane language,
verbally abusing an official, player, or spectator, which abuse shall
be deemed to include the use of obscene or profane language, or gesture,
or racial, ethnic or sexual slurs.
(4)
Throwing objects onto the field of play. Throwing or causing to be
deposited any object onto the field of play, court, or rink.
(5)
Bullying, harassment or other forms of aggressive behavior. Bullying
harassing, or exhibiting other forms of aggressive behavior.
(6)
Aggressive physical contact with participants. Having aggressive
physical contact with recreation participants, including, but not
limited to, hitting, kicking, pushing or other forms of aggressive
physical contact.
(7)
All other detrimental behavior. Other behavior which may be determined
by the Recreation Director to be inappropriate and detrimental to
recreational participants shall include, but not be limited to, encouraging
recreation participants to engage in prohibit activity or inappropriate
activity.
(8)
Refusing to follow the order of officials. Parents, coaches, spectators,
and all other parties at any recreation event must comply with the
requests and demands of all field officials, including appointed league
officials. Such authority shall include the authorization to direct
any person or person to immediately remove themselves from the premises.
D.
Enforcement of Code of Conduct. The Recreation Director is hereby
directed to review behavior at events at which teams or individuals
participate under the auspices of the Madison Recreation Department,
including events outside the Borough of Madison, and to make every
effort to ensure that behavior at said events complies with the Code
of Conduct established by this chapter. Individual sports organizations
shall not take any enforcement action with regards to potential Code
of Conduct violations. The Recreation Director and the Borough Administrator
shall be responsible for enforcement of the Code of Conduct. Any and
all allegations, claims, or charges regarding violations of the Code
of Conduct may be presented to the Recreation Director and the Borough
Administrator.
A.
Any and all allegations, claims, or charges regarding violations
of any rule or regulation established under this chapter including
but not limited to Code of Conduct, safety regulations, coach training,
criminal history record background checks, or facility maintenance
shall be presented to the Recreation Director. The Recreation Director
shall inform the Borough Administrator before any action is taken.
No complaint needs to be filed in order for the Recreation Director
or the Borough of Madison to take action. Any penalty issued by the
Recreation Director requires approval of the Borough Administrator.
Penalties may include, but are not limited to, suspension of or reduction
in an individual, program or organization's use of the Borough
athletic field and facilities. Any penalty issued by the Recreation
Director that involves a suspension in excess of three months must
be reviewed by the Recreation Advisory Committee. Any individual,
sports program or organization that is subject to penalty pursuant
to this chapter shall not have the right to reserve the use of Borough
facilities until such penalty has expired or terminates.
B.
Appeals process. An Appeal Committee shall be appointed when necessary
to consider appeals from penalties imposed by the Recreation Director
for violations of the Code of Conduct, lightning regulations or any
other rules established under this chapter. The Final Appeal Committee
shall consist of the Borough Administrator, the Chair of the Recreation
Advisory Committee, and the Recreation Director. The Final Appeal
Committee shall establish whatever procedures it deems appropriate
for it to review the matter, and shall be authorized to make a determination
regarding the appropriateness of the penalty. Any such individual,
program or organization wishing to appeal a penalty must file a written
notice with the Recreation Department within 10 days after receipt
of written notice of such penalty.
The Borough of Madison reserves the right to establish additional
policies and procedures as they determine in their absolute discretion.
[Added 12-19-2019 by Ord. No.
59-2019]
A.
Establishment. The Recreation Advisory Committee is hereby established
to be known as "the Recreation Advisory Committee of the Borough of
Madison" (hereafter referred to as "the Committee"). The Committee
shall consist of 12 members.
B.
Purpose and responsibilities.
(1)
To make recommendations to the Mayor and Council regarding the
needs of recreational activities conducted by the Borough and assist
in the coordinating of existing programs of various organization and
for planning future recreational needs.
(2)
The Committee will provide information to the Mayor and Council
on these special needs.
(3)
The Committee will submit a report to the Mayor and Council
at the end of each calendar year, concerning ongoing activities. In
addition, the Committee shall regularly circulate to the Mayor and
Council copies of its meeting minutes. All records, reports and data
shall be available to the Council for inspection at any time.
C.
Membership.
(1)
Membership shall consist of representative of recreation groups
listed in the annual resolution recognize the primary sport recreational
groups and organizations within the Borough of Madison. All members
of the Committee shall serve without compensation. The Committee shall
be comprised of the following persons, appointed by the Mayor with
the advice and consent of Council:
(a)
One liaison member of the Council (ex officio).
(b)
Regular members, who are residents of the Borough, representative
of recreation groups appointed at the annual reorganization meeting
of the Mayor and Council and listed in the resolution recognized as
the primary sport recreational groups and organizations.
(c)
Recreation Director (ex officio).
(d)
One at-large member.
(2)
The Committee shall have the right to appoint nonvoting advisory
members with special abilities and expertise beneficial to the Committee's
objectives.
D.
Voting powers, quorum and limitation of powers.
E.
Borough departmental assistance.
(1)
General. Subject to limitations as may hereinafter be determined
by the Mayor and Council, in so far as may be practicable, the employees
and professional staff of the Borough of Madison, including the Borough
Attorney, shall be available to assist the Committee in the performance
of its duties.
(2)
Procedure. All requests for employee or professional staff assistance
shall be made through the Borough Administrator. Any project that
requires substantial assistance from the Borough staff and professionals
shall be reviewed by the full Committee and said assistance shall
be approved by the Council prior to commencement of the project.
F.
Terms of office.
(1)
The Council liaison shall serve annually.
(2)
The 12 resident members and Recreation Director (ex officio)
shall serve for a term of one year.
(3)
The Mayor shall, initially, designate one of the members as
Chairperson, and the Committee shall select a Secretary to record
minutes. Thereafter, in subsequent years, the Committee shall annually
select a Chairperson and Secretary. The Chairperson shall call the
initial meeting of the Committee within 30 days of the adoption of
this chapter. Thereafter, the Committee shall establish its meeting
schedule, which shall be duly published.
G.
Vacancies. Any vacancy occurring by reason of the death, resignation
or removal of any member shall be filled for the unexpired term by
the Mayor with advice and consent of the Council. In the event that
the Mayor fails to make a nomination at least 15 days prior to the
date of the second regular public meeting of the Council after a position
becomes vacant or the Borough Council fails to confirm a nomination,
then the appointment shall be made by the Borough Council by the vote
of a majority of the members present at the meeting, provided that
at least three affirmative votes shall be required, with the Mayor
to have no vote thereon except in the case of a tie.
H.
Reporting responsibilities. The Committee shall submit an annual
report to Mayor and Council.
I.
Conflict of interest.
(1)
Disclosure of interest. No Committee member shall have or shall
acquire any interest, direct or indirect, personal or financial, in
any project which the Committee is promoting or in any contract or
proposed contract for materials or services or in any lease, mortgage,
sale or contract of any nature whatsoever relating to any such project
or to the Committee without forthwith making written disclosure to
the Committee of the nature and extent of the interest. Such disclosure
shall be entered in writing upon the minutes of the Committee.
(2)
Voting. No Committee member having an interest as described
herein shall vote on matters directly relating to such interest.
If any section, provision or any other part of this chapter,
or the application of any such provision to any person or circumstances,
shall be adjudged unconstitutional or invalid, the remainder of this
chapter to the extent it can be given effect or the application of
such provision to person or circumstances other than those to which
it is held invalid shall not be affected thereby, and to this extent
the provisions of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed, but only
to the extent of such inconsistencies.
This chapter shall take effect on July 1, 2015.
