[Ord. No. 84-3 § I]
Any applicant for a permit, license, approval, or relief used
or usable in connection with a designated parcel of real property
located in the Borough of Woodland Park shall submit proof with such
application that all real estate taxes assessed against such real
property have been paid through the quarter in which the application
is filed.
[Ord. No. 84-3 § II]
No permit, license, approval or relief used or usable in connection
with a designated parcel of real property located in the Borough of
Woodland Park shall be issued by any Board, Body, Officer, or employee
of the Borough unless all real estate taxes assessed against such
real property have been paid through the then-current quarter.
[Ord. No. 99-21, Preamble]
The Borough of Woodland Park deems it appropriate and necessary
to act to ensure retention of existing members and to provide incentives
for recruiting new Volunteer Firefighters/First Aid Squad Members.
The Borough has determined that the creation of a Length of Service
Awards Program (LOSAP) will enhance the ability of the Borough to
recruit and retain Volunteer Firefighters/First Aid Squad Members.
[Ord. No. 99-21 § 1]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the Volunteer Fire Companies/First Aid Squad for their loyal, diligent,
and devoted services to the residents of the Borough of Woodland Park.
[Ord. No. 99-21 § 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Woodland Park
pursuant to P.L. 1997, c.388; and that such plan shall be administered
in accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this section.
[Ord. No. 99-21 § 3; Ord. No. 04-15]
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
a.
One hundred (100) points in a calendar year are required for a member
of a Volunteer Fire Company to be eligible for an annual contribution.
Five hundred (500) points in a calendar year are required for a member
of the First Aid Squad to be eligible for an annual contribution.
Editor's Note: Ordinance No. 04-15 which amended the number
of points in a calendar year for eligibility of a member of the First
Aid Squad was approved by the electorate of the Borough of West Paterson
(Woodland Park) at the General Election of November 2, 2004.
b.
Five (5) years of service are required to vesting.
c.
The annual contribution shall be one thousand one hundred fifty ($1,150)
dollars per eligible member.
[Ord. No. 99-21 § 4]
The estimated cost of the program has been calculated as follows:
a.
For regular annual services: one hundred thousand ($100,000) dollars
per year.
[Ord. No. 99-21 § 5]
Each active volunteer member shall be credited with points for
volunteer service provided to the Volunteer Fire Company/First Aid
Organization in accordance with the following schedules which are
attached hereto and made a part hereof and incorporated herein by
reference:
[Ord. No. 99-21 § 6]
In accordance with N.J.S.A. 40A:14-191 the Fire Chief and the
First Aid Squad Captain shall furnish to the Municipal Council an
annual certifications list, certified under oath, of all volunteer
members, which shall identify those active volunteers/members who
have qualified for credit under the award program for the previous
year. Except for a medical leave due to an injury sustained in the
line of duty, any excuse or leave of absence or medical leave in excess
of three (3) months shall disqualify the member from eligibility for
a credit for that year. This list shall be submitted annually. Notwithstanding
the provisions of this section, a volunteer member may request that
the member's name be deleted from the list as a participant in the
length of service award program. A request for deletion shall be in
writing and shall remain effective until withdrawn in the same manner.
[Ord. No. 99-1 § 7]
The Municipal Council shall review the annual certification
list furnished by the Fire Chief and First Aid Squad Captain and posted
for at least thirty (30) days for review by members. The Fire Chief
and First Aid Squad Captain shall provide any information concerning
the annual certification list that the Municipal Council requires
as part of its review.
[Ord. No. 99-2 § 8]
An active volunteer member whose name does not appear on the
approved certification list may appeal within thirty (30) days of
posting of the list. The appeal shall be in writing and mailed to
the Municipal Clerk. The Municipal Council shall investigate the appeal
and render a decision regarding the appeal. The decision of the Fire
Chief or the First Aid Squad Captain or that of the Municipal Council
regarding the approved certification list shall be subject to appropriate
judicial review.
[Ord. No. 99-2 § 9]
That this ordinance shall not take effect unless it is approved
by voters as a public question of the next general election/annual
election.
[Ord. No. 02-17 §§ 1,2]
a.
Purpose. The purpose of this section is to remember those individuals
who have lost their lives as a result of a drunk driver and to allow
the posting of a MADD sign to memorialize the individual lost and
warn the driving public of the dangers imposed by driving while intoxicated.
b.
Authorization. This section authorizes the installation of a MADD
sign along the Borough's rights-of-way. The individual requesting
the memorial sign shall pay the actual costs incurred by the Borough
for acquiring the sign, The Borough shall install the sign at no charge
to the individual on a breakaway signpost. The sign shall be white
in color with a red broken heart and bear the words "We'll Remember
You" which signifies the tremendous loss felt by family and friends.
It also bears the Mothers Against Drunk Drivers logo. An additional
sign above bears the name of the victim being memorialized.
[Ord. No. 05-06 §§ 1—11]
a.
All real property located in the Borough shall be assessed an annual
levy of one ($.01) cent per one hundred ($100) dollars of assessed
real property value. The Borough's Division of Tax Collection shall
be responsible for the collection of the levy.
b.
Within thirty (30) days of the passage of this section, (adopted
by Ord. No. 05-06 on April 20, 2005) the Borough shall create a "Municipal
Open Space, Recreation and Historic Preservation Trust Fund."
c.
Amounts raised by the levy imposed pursuant to this section shall
be deposited into the Municipal Open space, Recreation and Historic
Preservation Trust Fund (hereinafter referred to as Trust Fund and
used exclusively for the purposes set forth in paragraph d. of this
section. Any interest earned on monies deposited into said Trust Fund
shall be credited to the Trust Fund to be used for the same purposes
as the principal. Separate accounts may be created for the deposit
of monies to be expended for the purposes specified in paragraph d.
of this section.
d.
The Mayor and Council shall annually appropriate amounts raised by
the levy imposed pursuant to this section for any or all of the following
purposes, or any combination thereof:
1.
Acquisition of lands for recreation and conservation purposes;
2.
Development of lands acquired for recreation and conservation purposes;
3.
Maintenance of lands acquired for recreation and conservation purposes;
4.
Historic preservation of historic properties, structures, facilities,
sites, areas or objects and the acquisition of such properties, structures
facilities, sites, areas or objects for historic preservation purposes;
or
5.
Payment of debt service on indebtedness issued or incurred by the
Borough for any of the purposes set forth in paragraphs 1, 2, 3 or
4 above.
e.
The Mayor and Council shall by majority vote determine the appropriate
amount or rate of the annual revenue levy to be allocated to any of
the respective purposes specified in paragraph d. of this section
after conducting at least one (1) public hearing thereon.
f.
The Mayor and Council may submit to the voters of the municipality
in a general or special election a proposition amending or supplementing
a proposition previously submitted, approved and implemented pursuant
to N.J.S.A. 40:12-15.7 either (1) changing the amount or rate of the
annual levy, or (2) adding or removing purposes authorized pursuant
to N.J.S.A. 40:12-15.7 which a levy may be expended. Upon approval
of the amendatory or supplementary proposition by a majority of the
votes cast by the voters of the Borough, the Mayor and Council shall
implement it in the same manner as set forth in this section.
g.
Upon petition to the Mayor and Council signed by the voters of the
Borough equal in number to at least fifteen (15%) percent of the votes
cast therein at the last preceding general election, filed with the
Mayor and Council at least ninety (90) days before a general or special
election, for submission to the voters of the municipality in a general
or special election of a proposition amending or supplementing a proposition
previously submitted, approved and implemented pursuant to N.J.S.A.
40:12-15.7a. (1) changing the amount or rate of the annual levy, or
(2) adding or removing purposes authorized pursuant to N.J.S.A. 40:12-15.7d.
which a levy may be expended, the Mayor and Council shall submit to
the voters of the municipality in the general or special election
said proposition. Upon approval of the amendatory or supplementary
proposition by a majority of the votes cast by the voters of the Borough,
the Mayor and Council shall implement it in the same manner as set
forth in this section.
h.
Land acquired by the Borough using revenue raised pursuant to the
section shall be held in trust and shall be used exclusively for the
purposes authorized in paragraph d.
i.
After conducting at least one (1) public hearing thereon and upon
the finding the purposes of this act might otherwise be better served
or that any land acquired by the municipality pursuant thereto is
required for another public use, which finding shall be set forth
in an ordinance adopted by the Governing Body of the municipality,
the Governing Body may convey to sell, exchange, transfer or otherwise
dispose of the land or a lesser interest in that land, provided that
the Borough shall replace any land conveyed under this section by
land of at least equivalent fair market value and reasonably equivalent
usefulness, size, quality, and location to the land conveyed, and
any money drawn from the conveyance shall be deposited into a municipal
open space, recreation and farmland and historic preservation cross
fund pursuant to this section for use for the purposes authorized
by this section for monies in the Trust Fund. Any such conveyance
shall be made in accordance with the "Local Land and Building Law"
P.L. 1971, C. 1999 (C. 48:12-1 et seq.). In the event of conveyance
by exchange, land or improvement thereon to be transferred to the
Trust Fund should be at least equal in fair market value and of reasonably
equivalent usefulness size, quality and location to the land or improvements
transferred to the Trust Fund.
j.
ACQUISITION
DEBT SERVICE
DEVELOPMENT
EASEMENT
HISTORIC PRESERVATION
HISTORIC PROPERTY, STRUCTURE, FACILITY, SITE, AREA, OR OBJECT
LAND OR LANDS
OPEN SPACE
PUBLIC INDOOR RECREATION
RECREATIONAL LAND
RECREATION AND CONSERVATION PURPOSES
REAL PROPERTY
Definitions. As used in this section.
shall mean the securing of a fee simple or a lesser interest
in land, including but not limited to an easement restricting development,
by gift, purchase, installment purchase agreement, devise or condemnation.
shall mean annual payments of principal and interest on loans
used for the acquisition of land.
shall mean any improvement to land acquired for recreation
and conservation purposes designed to expand and enhance its utilization
for those purposes.
shall mean an easement, covenant, restriction or other interest
in real property, which limits or restricts development, management
or use of such real property for the express purpose of preserving
or maintaining the scenic, open, historic, architectural, forest or
natural condition, character, significance or amenities of the real
property in a manner consistent with public policy and purpose, whether
created under common law or pursuant to the provisions of State law.
An easement may include affirmative rights of public access, management
and use.
shall mean the performance of any work relating to the stabilization,
repair, rehabilitation, renovation, restoration, improvement, protection,
or preservation of an historic property, structure, facility, site,
area or object.
shall mean any property, structure, facility, site, area,
or object approved for inclusion, or which meets the criteria for
inclusion, in the New Jersey Register of Historic Places pursuant
to P.L. 1970, c. 268 (C. 13:1B-15.128 et seq.).
shall mean real property, including improvements thereof
or thereon, rights-of-way, water, lakes, riparian and other rights,
easements, privileges and all other rights and interests of any kind
or description in, relating to or connected with real property.
shall mean land or water areas to be retained in largely
natural or undeveloped state, for the purpose of, among other things,
providing parkland or green spaces, protecting ecologically sensitive
areas, preserving flora and wildlife, or protecting or preserving
areas of scenic, historic and cultural value, while at the same time
affording, whenever practical, public outdoor recreation opportunities.
shall mean public recreation in enclosed structures or facilities,
and includes but is not limited to swimming pools, basketball courts,
and ice skating rinks open for public use.
shall mean land and water areas which provide opportunities
for outdoor active or passive recreational activities.
shall mean the use of lands and water areas for parks, open
space, natural areas, ecological and biological study, forests, water
reserves, wildlife preserves, fishing, hunting, camping, boating,
winter sports, or similar uses for public outdoor recreation or conservation
of natural resources, or both, or the use of lands for public indoor
recreation.
shall mean all real property within the jurisdiction of the
Borough of Woodland Park. Such property shall be valued and assessed
at the taxable value prescribed by law. Notwithstanding the foregoing,
real property, as defined herein, shall not be construed to repeal
or in any way alter any exemption from, or any exception to, real
property taxation otherwise provided by statutory law.
k.
Acquisitions ineligible for funds from the Trust Fund include but
are not limited to the following:
l.
The Recreation and Parks Advisory Board shall review, prioritize
and make recommendations to the Mayor and Council on the funding of
projects that qualify for funds from the Trust Fund.
[Amended 12-19-2021 by Ord. No. 21-32]
[Ord. No. 11-12 § 1]
a.
General Rule-N.J.S.A. 40A:9-12.1(g). If a member of a public Board
or Commission fails to attend and participate at meetings for a period
of eight (8) consecutive weeks or four (4) consecutive regular meetings,
whichever shall be longer, the member shall be removed from the Board.
The Board may also set a lower absentee threshold at its discretion.
Absences based upon a "legitimate illness" are exempted.
The Board may immediately fill the position once it is determined
that a member is in violation of the attendance rules.
b.
Woodland Park Absentee Policy. Pursuant to N.J.S.A. 40:9-12.1(g),
the Borough of Woodland Park hereby declares that any member of Board
or Commission within the Borough who fails to attend three (3) consecutive
meetings will be removed from the Board unless there is written evidence
documenting a legitimate illness.
[Ord. No. 11-12 § 2]
The penalty for violation of this section shall be immediate
removal from the public Board.
[Ord. No. 12-02]
a.
A Good Conduct Letter, is a letter issued by the Police Department,
which will state that the applicant does not have a criminal background
and is a citizen in good standing.
b.
Applicants for a Good Conduct Letter will authorize the Police Department
to conduct a criminal background check on them, or their child who
is under the age of majority eighteen (18).
c.
To request a Good Conduct Letter, an applicant must be a Borough
resident and will be required to fill out an application at the Police
Department. The information that the applicant must provide, will
include but not be limited to: (1) full and complete name of the applicant;
(2) date of birth; (3) driver's license or an identification card
issued by a duly authorized governmental entity, that contains a photograph;
(4) passport or birth certificate; (5) proof of the applicant's legal
address in the Borough of Woodland Park; and (6) a recent photograph
to be kept by the Police Department.
d.
Application Fee. The cost to process the application and issue the
Good Conduct Letter, will be thirty-five ($35) dollars.
[Ord. No. 2015-15]
Ineligible student enrollment prohibition; penalties.
a.
Purpose. The purpose of this section is to prohibit and penalize:
(i) any parent or other person enrolling a student in the Woodland
Park School District, or (ii) any parent or other person enrolling
a student in the Passaic Valley Regional High School claiming that
his or her child is a resident of Woodland Park, seeking free of charge
education when such student is ineligible for free of charge education.
b.
Prohibited Conduct. It shall be unlawful for any person who is 18
years old and older, to:
1.
Knowingly register or enroll a student in the Woodland Park School
District, or Passaic Valley Regional High School District, seeking
free of charge education or maintain the enrollment of a student receiving
free of charge education when the student is ineligible for free of
charge education pursuant to N.J.S.A. Title 18A; or
2.
Knowingly assist, aid or permit a student to register or enroll in
the Woodland Park School District or Passaic Valley Regional High
School District seeking free of charge education when the student
is ineligible to attend free of charge pursuant to N.J.S.A. Title
18A; or
3.
Knowingly permit his or her name, address or other residence designating
documentation to be utilized in the registration or enrollment of
any student seeking free of charge education in the Woodland Park
School District or Passaic Valley Regional High School District when
the student is ineligible to attend free of charge pursuant to N.J.S.A.
Title 18A; or
4.
Does not notify or inform the Woodland Park School District or Passaic
Valley Regional High School District when a student is no longer a
resident in the household of that person who had previously knowingly
permitted his or her name, address or other residence designating
documentation to be utilized in the registration or enrollment of
the student in the Woodland Park School District or Passaic Valley
Regional High School District.
c.
Requirements. Upon the request of the Woodland Park School District
or Passaic Valley Regional High School District, the parent or guardian
of a student registered in the Woodland Park School District or the
Passaic Valley Regional High School District shall be required to
complete documentation intended to determine the student's eligibility
to attend school in the Woodland Park School District or the Passaic
Valley Regional High School District free of charge in accordance
with N.J.S.A. Title 18A. All residents hosting other families, with
a student enrolled in the Woodland Park School District or the Passaic
Valley Regional High School District in their residence, must register
with the Woodland Park School District or the Passaic Valley Regional
High School District and must notify the Woodland Park School District
or Passaic Valley Regional High School District when such other families
no longer reside with the resident.
d.
Enforcement.
1.
Paragraphs a, b. and c. may be enforced by the administrative officials
of the Woodland Park School District in their sole discretion.
2.
This section shall also apply to a parent or guardian who improperly
claims his or her child is a resident of the Borough of Woodland Park,
when the child is not such a resident, and sends his or her child
to the Passaic Valley Regional High School. As such, all provisions
of this section will apply to such improper conduct, including, but
not limited to, the penalty provisions of this section.
e.
Penalty. Any person violating the provisions of paragraphs a, b.
and c. shall, upon conviction thereof, be sentenced to pay a fine
of up to $2,000. and to the maximum lawful extent make restitution
to the Woodland Park Board of Education or Passaic Valley High School
Board of Education, respectively. In determining the amount of restitution,
the Municipal Court of the Borough of Woodland Park, Passaic County
shall include amounts incurred by the Woodland Park Board of Education
or Passaic Valley High School Board of Education, including but not
limited to tuition costs, investigation expenses and attorneys' fees.
f.
Restitution. Restitution ordered by the Municipal Court of the Borough
of Woodland Park, Passaic County, shall be paid to the Woodland Park
Board of Education or the Passaic Valley High School Board of Education
within thirty (30) days of such an order being final and not subject
to further appeal. Unpaid restitution and fines may, upon the petition
of the Woodland Park Board of Education or the Passaic Valley High
School Board of Education to the Municipal Court of the Borough of
Woodland Park, be converted into liens against the properties of the
offending parties.
[11-4-2020 by Ord. No.
20-30]
a.
There is hereby imposed a service fee of $20 upon any account for
any check which is submitted in payment to the Borough, which is returned
to the Borough for insufficient funds.
b.
When an account owed to the Borough is for a tax or special assessment,
the service charge authorized herein shall be included on the list
of delinquent accounts prepared for the enforcement of the lien.
c.
In the event the check, electronic payment of other negotiable instrument,
as tendered, was for any application or license, said license shall
be revoked or denied until such time as the check is made good, and
the returned check charges are paid to the Borough.
d.
After the adoption of this section, any account for which the Borough
receives checks which are returned for insufficient funds on more
than two occasions shall be required in the future to be paid by certified
check.
[Added 9-7-2022 by Ord.
No. 22-15]
As used in this section, the following terms shall have the
meanings indicated:
Means 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/or the New Jersey State Bureau of Identification in the
Division of State Police.
Means any program sponsored by the Borough of Woodland Park
including any municipal employees, volunteer organizations created
by the municipality, and all leagues, boards, committees and commissions
affiliated with, falling within the purview, or acting for or on behalf
of the Borough of Woodland Park and having contact with persons under
the age of 18 years.
Means any youth program not sponsored by the Borough of Woodland
Park but that utilize municipal facilities or have affiliation with
a municipal-sponsored youth program and having contact with persons
under the age of 18 years.
Means any program that allows for participation in activities
by those persons under 18 years of age. Activities may include, but
are not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
acting for or on behalf of a municipal-sponsored youth program or
non-sponsored youth program, other than a parent or caregiver.
[Added 9-7-2022 by Ord.
No. 22-15]
Non-Sponsored Youth Programs using Municipal facilities, do
not provide a guarantee for background checks. The Borough does not
guarantee that youth programs which are merely using the Borough's
facilities, and not sponsored by the Borough, will have vetted and
performed background checks on their employees and volunteers. Special
Note: An additional disclaimer shall be posted/published by the Director
of Recreation.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
All adults, those persons 18 years of age or older, including but
not limited to coaches, assistant coaches, or similar positions involved
in educating, directing or supervising youth, and in any way assisting
in a municipal-sponsored function participated in by children, shall
submit sufficient information on forms supplied by the municipal Police
Department or other enforcement authority from the New Jersey State
Police, for the purpose of obtaining a criminal history background
check from the State Bureau of Identification in the New Jersey State
Police, or an authorized Agency/Vendor. Then, the results of the said
background check will be vetted and approved by the Recreation Director.
b.
It is expressly understood that any individual applying for the background
check shall authorize the Recreation Director for the Borough of Woodland
Park to be the recipient of the response from the State Police or
authorized agent for the findings of the background check. Individuals
involved in a municipal-sponsored youth function, and who are required
to undergo background checks based upon this section, shall not be
responsible for the costs involved with obtaining the criminal background
check. The Borough of Woodland Park shall bear the costs for the background
checks for individuals qualified under this section.
c.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this section for that
league or program. The President or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this chapter. The roster shall
be on forms supplied by the Borough of Woodland Park and shall contain
a certification as to the accuracy and completeness of the roster
and individual names. Any person who knowingly certifies a background
check roster that excludes an individual required to be checked shall
be in violation of this section and laws regarding false swearing.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
Individuals engaged in providing recreation opportunities for, or
on behalf of, the Borough of Woodland Park shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are required
to display their card while in performance of their duty involving
youth programs. This process/procedure is to be supervised by the
Director of Recreation.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
Upon receipt of a completed background check conducted by the State
Bureau of Identification in the New Jersey State Police, Federal Bureau
of Investigation, Identification Division and/or, authorized agency/vendor,
of the Borough. Then, the Director of Recreation for the Borough of
Woodland Park shall notify the applicant and the president or leader
of the recreation program of affirmative or negative results. The
determination of the Director of Recreation is based upon this section.
Details in the background check that result in a negative determination
are only available to the applicant upon making a formal request to
the State Bureau of Investigation, or authorized agency/vendor.
b.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function form persons under the age
of 18 years held at any Borough-owned facilities. Such offenses shall
include, but not to be limited to:
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., 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. 20:15-1 et seq.,
such as robbery;
(b)
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;
(e)
Any 4th degree offense or higher.
2.
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.
c.
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
d.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for non-sponsored youth programs will forfeit that individual's
ability to participate with the respective program. Refusal of a non-municipal
sponsored youth program to subscribe to the requirements of this chapter
shall forfeit that program's ability to use municipal facilities.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
All municipal sponsored youth programs that have individuals subject
to this section shall direct those individuals to the Chief of Police
for background checks prior to the individual being able to participate
at any function sponsored by the Borough of Woodland Park. Thereafter,
every three years a new background check shall be submitted to the
Director of Recreation for the Borough of Woodland Park.
b.
Individuals involved in municipal-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
for a background check, or authorized agency/vendor. Interim approvals
shall only be valid for the period of time that it takes to receive
background checks results. Such interim approval shall not be valid
for a period of time not to exceed 45 days. Only one interim approval
may be granted per individual.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
1.
Appeal re: Accuracy of Record. A person may challenge the accuracy
of the criminal history record.
(a)
A challenge to the accuracy of the report shall be filed with
the Director of Recreation.
2.
Appeal Alleging Rehabilitation. A person may claim to be rehabilitated,
(a)
No person may appeal a disqualification on the grounds of rehabilitation, if convicted of a 4th Degree Offense or Higher, if the person has been disqualified because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A. 2C-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 of P.L. 1993 c. 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
(b)
Appeals Committee. An appeal based on rehabilitation shall be
made to an Appeals Committee, which shall consist of the Director
of Recreation, a designee of the Police Department, a member of the
Recreation Committee and the Municipal Attorney. Any such appeal must
be made within 30 days of receipt of the notice of disqualification.
(c)
Rehabilitation Criteria. In determining whether a person has
affirmatively demonstrated rehabilitation, the Appeals Committee shall
consider the following factors:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offenses was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any other evidence of rehabilitation, including good conduct
in prison or the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work release programs, or the recommendation
of those who have had the person under their supervision.
(d)
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, if shall enter that person's
name on the list of qualified employees and volunteers maintained
by the municipal Chief of Police or other chief law enforcement officer
of the Borough of Woodland Park.
[Added 9-7-2022 by Ord.
No. 22-15]
a.
Any and all criminal background checks supplied to the Director of
Recreation shall be filed and maintained in a secure and locked cabinet
or room and shall not be available to the public, and the Borough
of Woodland Park shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common
law or the New Jersey Right to Know Law. The records shall only be
retained for such period of time as is necessary to serve their intended
and authorized purpose, and thereafter shall be destroyed.
b.
Access to criminal history record information for non-criminal justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by federal or state
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history record information
obtained under this section.
c.
The review committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
federal or state regulations governing access to criminal history
records information may be subject to criminal and/or civil penalties,
[Added 9-7-2022 by Ord.
No. 22-15]
a.
Failure to comply with this section may result in the Borough of
Woodland Park withholding findings for the non-profit youth-serving
organization, prohibiting the use of facilities, or withholding funding
for facility maintenance,
b.
Any individual who has been advised, verbally or in writing of his/her
disqualification to participate and continues to participate upon
conviction thereof in a proceeding before a court of competent jurisdiction
be subject to the following fines:
