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Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 10-10-2017 by Ord. No. 4559-17]
A. 
Any group, organization, or entity, including corporate, charitable, and nonprofit organizations, comprised of not less than 25 and not exceeding 50 individuals must obtain a facility use permit from the Department of Recreation in order to visit, use, or hold an event at any Township-owned or Township-controlled playground.
B. 
Facility use permits are not required for groups of less than 25 individuals; groups exceeding 50 individuals are prohibited.
C. 
For the purposes of this article, "playground" is defined as any improved area, owned or controlled by the Township, set aside for play for children, which is not intended for use as an athletic playing field or athletic court, and which includes any play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.
A. 
Applications for facility use permits must be submitted to the Director of Recreation no later than 14 business days prior to the requested date.
B. 
Applications must be submitted on forms promulgated by the Department of Recreation. Application forms must document the following information:
(1) 
Name, address, and contact information of the applicant.
(2) 
Name, address, and contact information of the person, entity, organization, association, or entity sponsoring the activity, if applicable.
(3) 
The requested dates, time, and playground location, and any proposed rain date.
(4) 
The duration of the use or event.
(5) 
The size of the group.
(6) 
A description of the activity or event.
(7) 
The number, type, and license plate numbers of the vehicles used to transport the attendees to the facility.
(8) 
The names of the supervising adults.
(9) 
Any other information the Business Administrator or the Director of Recreation finds reasonably necessary and pertinent to determine whether a facility use permit should be issued hereunder.
C. 
Applicants must submit, in conjunction with the application form, a valid certificate of insurance naming the Township as an additional insured. The Business Administrator is authorized to waive this requirement in appropriate circumstances, provided that such a waiver does not unreasonably expose the Township to liability.
D. 
The following fees must be submitted in conjunction with the application. These fees shall not be deposited unless the facility use permit is issued. In the event that the permit is denied, the fees shall be returned to the applicant.
(1) 
Application fee: $50.
(2) 
Cleanup fee: $50.
A. 
Facilities use permits will be issued on a first-come, first-served basis.
B. 
No more than two facilities use permits may be issued on the same date for the same playground, and no permits may be issued for multiple playgrounds on the same date by the same or related applicant.
C. 
Facilities use permits may be issued seven days per week in three-hour time increments as follows:
(1) 
Morning session: 10:00 a.m. to 1:00 p.m.
(2) 
Afternoon session: 1:00 p.m. to 4:00 p.m.
D. 
Only one permit shall be issued per morning and afternoon session.
E. 
Permits may be issued back-to-back for the morning and afternoon sessions, provided the applicant pays an additional cleanup fee.
F. 
The issuance of a facilities use permit does not entitle or convey to the permit holder exclusive use of the playground facility.
A. 
Applications for facilities use permits shall be reviewed by the Director of Recreation, with the assistance of other Township officials as circumstances warrant.
B. 
The Director of Recreation shall render a written decision granting or denying the permit and so notify the applicant no later than seven business days following the submission of the application.
C. 
Denials may be appealed, in writing, to the Business Administrator no later than three business days following receipt thereof. The Business Administrator shall render a decision affirming or overruling determination of the Director of Recreation no later than three business days from receipt of the applicant's appeal.
A. 
A facilities use permit shall not be issued if:
(1) 
The proposed use, activity, or event unreasonably interferes with or detracts from the use and enjoyment of the playground by the general public.
(2) 
The proposed use, activity, or event detracts from or compromises the health, safety, or welfare of the general public.
(3) 
The proposed use, activity, or event will result in an extraordinary expense or operation by the Township.
(4) 
The proposed use, activity, or event presents a scheduling conflict.
(5) 
The proposed use, activity, or event is reasonably likely to result in harm to persons or property.
(6) 
The proposed location is unavailable, unsuitable, or cannot for any reason accommodate the proposed use, activity, or event.
(7) 
The applicant has not complied with the requirements of this article.
(8) 
The proposed use, activity, or event conflicts with any Township ordinance or applicable state or federal law or regulation.
B. 
Permit holders must provide appropriate on-site supervision for minors in a minimum ratio of one adult for every 10 minors. For the purposes of this requirement, "adult" means an individual 18 years of age or older employed or enlisted by the applicant specifically for supervisory purposes.
C. 
The applicant, if an individual, or a representative thereof, if an organization, entity, or association, must be on site for the duration of the proposed event or activity.
D. 
Permit holders must comply with all Township ordinances and applicable state or federal laws and regulations.
E. 
To the extent on-site parking is used, vehicles used to transport attendees must park on the macadam surface within lined spaces only.
F. 
Facilities use permits are not assignable or transferable.
G. 
The Director of Recreation is authorized to impose reasonable additional conditions or restrictions on the issuance of a facilities use permit.
A. 
Facilities use permits may be revoked, and any use, activity, or event held thereunder, terminated, without refund, for any of the following reasons:
(1) 
Violation of any provision of this article.
(2) 
Misrepresentations on the permit application.
(3) 
Violation of any applicable Township ordinance or state or federal law or regulation.
(4) 
Uses, activities, or events not authorized by the permit; that endanger the health, safety, or welfare of the attendees and the general public; or that present an unreasonable risk of harm to persons or property.
(5) 
Violation of any condition or restriction set forth in the permit.
B. 
In addition to any other penalty provided, any permit holder that repeatedly violates the provisions of this article may be barred from obtaining further facilities use permits for a period not exceeding one year.
C. 
The Director of Recreation is authorized to revoke a facilities use permit in accordance with this subsection. Revocations may be appealed and reviewed in accordance with the procedure set forth in § 383-12C.
A. 
This article is enforceable by the Department of Recreation and the Police Department.
B. 
The enforcement authority conferred by this subsection includes, but is not limited to, the authority to eject from the premises any person or persons acting in violation of this article.
Any person or entity violating this chapter shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and N.J.S.A. 40:69A-29, and any subsequent amendments to those statutes.