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Borough of Roseland, NJ
Essex County
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Table of Contents
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[Added 12-11-2018 by Ord. No. 18-2018[1]]
[1]
Editor's Note: This ordinance also redesignated former §§ 14-1 and 14-2 as §§ 14-2 and 14-3.
Any section or part of Borough recreation areas or public lands may be declared closed to the public by the Mayor or the recreation director at any time for any period of time, either temporarily or at regular or stated intervals.
No persons in a park, playground, or field shall enter or drive in an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
a. 
Exhibit of permits. No person in park, playground, or field shall fail to produce and exhibit any permit from the Clerk's Office he claims to have upon request from any Borough Official who desires to inspect the same for purpose of enforcing compliance with any ordinance or rule.
b. 
Interference with permittees and sanctioned groups. No person in a park, playground, or field shall disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under authority of a valid permit.
c. 
Prior approval required. No person shall conduct a public gathering in any park, playground or field without sanctioned status granted by the Recreation Department or a field permit issued by the Borough Clerk.
Upon activation of a warning signal in accordance with the Borough's Lightning Prediction and Warning System, all affected public lands and recreational areas shall be immediately and temporarily closed, all activities on said properties shall forthwith cease, and all persons shall vacate said lands. Any person who fails to obey the direction of any official shall be in violation of this section.
[1]
Editor's Note: See also Chapter V, Animal Control.
[Ord. No. 22-2002; Ord. No. 13-2013; Ord. No. 9-2014]
Roseland Borough prohibits the following in Borough Parks:
a. 
Littering.
b. 
Use of glass bottles.
c. 
Parking vehicles on the grass or unauthorized areas.
d. 
Consumption of alcoholic beverages and other intoxicants, except if permitted by Resolution of the Governing Body and in accordance with the law.
e. 
Unleashed dogs.
f. 
Leashed dogs in picnic areas, play areas and sports facilities/fields.
g. 
Use of bikes, skateboards or skates, off paved roadways.
h. 
Fires and/or barbecues, unless a permit is first obtained from the Fire Prevention Officer and then only in designated areas.
[Amended 12-11-2018 by Ord. No. 18-2018]
i. 
Solicitation and literature distribution, vending, peddling, advertising, or signs.
[Amended 12-11-2018 by Ord. No. 18-2018]
j. 
Golf.
k. 
Loud, violent, obscene, or profane language.
[Amended 12-11-2018 by Ord. No. 18-2018]
l. 
Fighting.
m. 
Weapons.
n. 
Smoking, which includes the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
o. 
Operation of unmanned aircraft systems (UAS) as defined and regulated in Chapter 3, § 3-8.
[Added 12-11-2018 by Ord. No. 18-2018]
[Ord. No. 22-2002]
Parks are closed from dusk to dawn.
[Ord. No. 22-2002; New]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 17-2017]
In an effort to maximize recreational, educational and cultural opportunities for residents of all ages, the Borough enters into cooperative relationships with independent groups or organizations. The Governing Body may grant privilege of assistance with respect to the use of parks and recreational faculties and certain limited promotion by providing a link to the organizations website. To maintain sanctioned status the Borough must exercise certain controls, but it is not the intention of the Borough to interfere with the internal operations of the group or organization. To obtain sanctioned status the organization, group or league must adhere to the following.
[Ord. No. 17-2017]
a. 
Any group, organization, league or activity applying for sanctioned status shall be an independent 501(c) organization as recognized by the Internal Revenue Service (IRS).
[Amended 12-11-2018 by Ord. No. 18-2018]
b. 
At the time of application present to the Borough of Roseland Recreation Director, their league or activity structure.
c. 
The Governing Body will only sanction league/organizations that are not offered through the Borough or Roseland Recreation Department.
d. 
Must provide opportunities for all Roseland residents to participate within the parameters of the organization bylaws.
e. 
All promotional flyers and postings must include the following language: This league/organization is not promoted, sponsored or funded by the Borough of Roseland and is provided through an independent entity not affiliated in any way with the Borough of Roseland.
f. 
Sanctioned recreational activities and leagues shall be required to have: (1) Officer/Board of Directors; (2) A constitution or similar articles of formation; (3) By-Laws; and (4) Liability and Casualty Insurance. Proof of the above must be submitted to the Recreation Director for consideration to be sanctioned. The Recreation Director shall submit his/her recommendation to the Governing Body for final approval.
g. 
Each group, organization or league is required to submit the following information no later than July 1 of each year:
1. 
A completed IRS Form No. 990 or request for extensions, or a New Jersey Form ST-5 Exempt Organization Certificate.
[Amended 12-11-2018 by Ord. No. 18-2018]
2. 
Current Bylaws, policies or other operating documents.
3. 
Current Certificate of Insurance in accordance with Subsection 14-2.3.
4. 
Yearly sanctioned Status Fee.
h. 
All league /organizations shall supply a schedule of all games/practices to be played no less than ten (10) days prior to the start of its season. The schedule shall include requested fields, times and dates of games requested. Field use for practice shall be determined by the availability. The decision regarding field assignments shall be made by the Director of Recreation. No league/organization may grant field use to another league or organization. The Recreation Director may only grant field time if all required paperwork in accordance with Subsection 14-2.2g are on file.
i. 
All leagues/organizations agree to indemnity and hold harmless, the Borough of Roseland, the Roseland, its elected officials, director and employees against all claims, demands and litigation arising from the activities and programs of the leagues.
j. 
The Director of Recreation shall be notified in writing regarding any complaint and/or litigation involving any league/organization or its personnel.
k. 
All leagues/organizations shall submit any amendments to their By-Laws and Officers/Board of Directors to the Director of Recreation within ten (10) days of the change.
l. 
No league/organization shall conduct or sponsor any formal instructional training/clinic where a fee or registration is required on any Borough-owned or controlled recreational facility.
m. 
If any league/organization violates any portion of this section their sectioned status shall be revoked.
n. 
Sanctioned leagues or activities have the right of said status until such time as may be altered or terminated upon the recommendation of the Recreation Director to the Governing Body.
[Ord. No. 17-2017; amended 4-18-2023 by Ord. No. 09-2023]
Sanctioned groups and/or organizations may use any Borough recreation facilities when available, except artificial turf facilities, and upon approval of the Recreation Director.
[Ord. No. 17-2017]
Sanctioned recreational activities and leagues shall be required to provide proof of insurance in the amounts listed below and in the form of a current certificate of insurance naming the Borough of Roseland as an additional insured:
General Liability (each occurrence)
$1,000,000
Medical Expense (any one person)
$5,000
Personal and Advertising Injury
$1,000,000
Comprehensive General Aggregate
$2,000,000
Products-Completed Operations Hazard
$2,000,000
Abuse and Molestation
$2,000,000
[Ord. No. 17-2017]
The Director of Recreation, Parks and Playgrounds shall be responsible for enforcement of this section.
[Ord. No. 17-2017]
Any league/organization applying for sanctioned status shall pay a fee of four hundred ($400.00) dollars. The same fee shall be charged for the annual renewal of sanctioned status.
[Added 12-11-2018 by Ord. No. 18-2018]
[Added 12-11-2018 by Ord. No. 18-2018; amended 7-27-2021 by Ord. No. 20-2021]
a. 
Whenever any person, group, association or organization desires to reserve any field, park, public land or other Borough facilities for a particular purpose, such as games, sports practices, picnics, parties or theatrical or entertainment performances, or any other activity that promotes recreational, educational or cultural opportunities for Roseland residents, a representative of said group, association or organization shall first obtain a permit from the Recreation Director.
b. 
The Recreation Director shall grant the permit if it appears that the person, group, association or organization meets all of the conditions contained herein and contained in an application form to be hereinafter provided by the Mayor and Council. The application may also contain a requirement for an indemnity bond or insurance policy to protect the Borough from any liability of any kind or character and to protect Borough property from damage. The Mayor and Council may accept or waive certain insurance requirements as they deem reasonable.
[Added 12-11-2018 by Ord. No. 18-2018; amended 4-21-2020 by Ord. No. 06-2020; 7-27-2021 by Ord. No. 20-2021]
a. 
Parks including picnic areas shall be for four consecutive hours.
1. 
Bond Force Memorial Park: $135.
2. 
Tedesco Park: $135.
b. 
Fields with no lights shall be for two consecutive hours.
1. 
Lynn DeBell Field: $145.
2. 
Thomas J. O'Beirne Field: $145.
3. 
Fernwood Field: $145.
c. 
Permits issued for fields with lights shall be for two consecutive hours.
1. 
Thomas J. O'Beirne Field: $170.
d. 
Off-season fee for Lining Fields: $50.
[Added 12-11-2018 by Ord. No. 18-2018]
a. 
Prior to the issuance of any outdoor facilities permit, the person, group, association or organization using the outdoor facility shall first file a written statement with the Borough Clerk, at least five days in advance of the proposed use of the facility. Mailed applications shall be postmarked at least seven days in advance of the use of the facility. All applications shall set forth the following information as approved by the Mayor and Council.
1. 
Full name, address, e-mail address and phone number of the applicant.
2. 
The person, group, association or organization name.
3. 
The name and location of facility requested.
4. 
The date, or dates and time, the facility is being requested within the calendar year.
5. 
An explanation for the request.
b. 
Permit holder responsibilities.
1. 
The permit holder must abide by all Borough Ordinances whether posted or not.
2. 
The permit holder is responsible for cleanup of facilities. Facilities include, but are not limited to, the grounds, equipment and parking areas.
3. 
The permit holder is responsible for the repair and damages resulting from use.
4. 
The permit holder shall accept and assume any and all risks resulting from the persons, groups, associations or organization use of the facility.
5. 
The permit holder shall indemnify, defend and hold harmless the Borough and all its officials, agents, representatives and employees from any and all claims which, in any way, arise out of or relate to the use of the facility, including the full amount of any settlement or judgment and all costs and counsel fees, whether or not such claims are meritorious.
6. 
The permit holder must provide and keep in effect a noncancelable insurance coverage as per the insurance requirements set forth by the Borough.
[Added 12-11-2018 by Ord. No. 18-2018]
a. 
The permit is not transferable.
b. 
The permit holder must be in possession of the permit and the permit must be posted in public view.
c. 
No refunds will be issued for unused time.
d. 
The Recreation Director reserves the right to postpone or cancel any organized event or field usage due to weather or interference with recreation events.
e. 
It is the responsibility of the permit holder to call the Recreation hotline at 973-226-6552 #3 after 3:30 p.m. or on weekends for unsafe field conditions.
f. 
Fields are lined in accordance to typical specs for age and sports.
[Added 12-11-2018 by Ord. No. 18-2018]
The recreation director reserves the right to postpone or cancel park or field usage due to inclement weather. If field conditions are deemed unsafe the recreation director will notify the permit holder of the cancellation during normal business hours. It is the responsibility of the permit holder to call the weather hotline at 973-226-6552 #3 during nonbusiness hours. If a permit is canceled due to inclement weather conditions, and affidavit by the recreation director to this effect is submitted, the Borough Clerk may issue another permit for the same location within 30 days from the date the facility was scheduled to be used. No additional permit fee shall be required.
[Added 12-11-2018 by Ord. No. 18-2018]
Outdoor facilities permits shall be limited in time Monday through Saturday from 9:00 a.m. to 8:00 p.m. or dusk during weekdays. Sundays shall be limited to 10:00 a.m. to 8:00 p.m. or dusk.
[Added 12-11-2018 by Ord. No. 18-2018]
Any musical instrument, loudspeaker, radio, digital or analog music player, public address system or sound-amplifying equipment is limited on Monday through Saturday from 10:00 a.m. to 8:00 p.m., and is limited on Sunday from 12:00 noon to 8:00 p.m.
[Added 12-11-2018 by Ord. No. 18-2018]
The provisions of this section shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violation of this section coming to their attention, whether by complaint or arising from an officer's personal knowledge or observation, and if a violation is known to exist, the officer shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section.
[Added 7-18-2023 by Ord. No. 16-2023; amended 9-19-2023 by Ord. No. 24-2023]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein.
RESIDENT
Shall mean any person who resides within the Borough off Roseland, and who provides proof of residence at the time of registration as required herein.
[Added 5-16-2023 by Ord. No. 13-2023; amended 7-18-2023 by Ord. No. 16-2023]
The Borough Council of the Borough of Roseland may, from time to time, make, adopt, amend and repeal, by resolution, rules and regulations for the operation and use of the pickleball courts. Such resolution adopting said rules and regulations shall be on file in the office of the Clerk of the Borough of Roseland and the Recreation Department.
[Added 7-18-2023 by Ord. No. 16-2023
Any person who wishes to play on or use any Borough owned or operated pickleball court, or wishes to reserve a time to play on any Borough owned or operated pickleball court, shall be required to either register as a member with the Roseland Recreation Department, or shall be required to obtain a single use daily badge and pay the appropriate fee as required herein.
a. 
No person shall be permitted to play on or use any pickle ball court unless they are either registered as a member with the Roseland Recreation Department, are a guest playing with registered member, or are in possession of a valid, single use daily badge.
b. 
Any person who has not registered as a member with the recreation department may purchase a single use daily badge upon payment of the fee as required herein.
c. 
Any person who purchases a daily badge may not reserve court time, and may only play during scheduled periods of open play. In the absence of a registered member, all players must each be in possession of a single use daily badge.
[Added 5-16-2023 by Ord. No. 13-2023; amended 7-18-2023 by Ord. No. 16-2023; 9-19-2023 by Ord. No. 24-2023; 12-19-2023 by Ord. No. 42-2023]
The fees for an annual pickleball membership or a daily badge shall be as follows:
a. 
Residents – No fee.
b. 
Nonresident annual membership fee for pickleball shall be $200.00 per person per year, except that the fee for nonresident senior citizens shall be $75.00 per person per year. For the purposes of this section, senior citizen shall mean any person who is at least fifty-five (55) years of age or older.
1. 
All annual pickleball fees shall be for the calendar year and shall not be pro-rated.
c. 
The fee for a single use daily badge shall be $10.00 per person.
[Added 5-16-2023 by Ord. No. 13-2023; amended 7-18-2023 by Ord. No. 16-2023]
Any person or persons, firm or corporation who or which violates any of the provisions of this section, shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.