[Ord. #1376, S24-1]
As used in this chapter:
BOROUGH SPONSORED YOUTH PROGRAMS
Shall mean any youth programs sponsored by the Borough of
Bogota, including but not limited to any and all leagues, boards and
commissions falling within the purview of or acting for or on behalf
of, the Borough of Bogota and having contact with persons under the
age of eighteen (18) years.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean 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 local Police Department, the Federal Bureau
of Investigation, Identification Division, and the New Jersey State
Bureau of Identification in the Division of State Police.
NONSPONSORED YOUTH PROGRAMS
Shall mean any youth programs not sponsored by the Borough
of Bogota, but which utilize municipal facilities or facilities owned
or maintained by the Bogota Board of Education and which utilize the
services of employees or volunteers having contact with persons under
the age of eighteen (18) years.
QUALIFIED PARTICIPANT
Shall mean an employee or volunteer who has completed a criminal
history background check within the past three (3) years that has
revealed no disqualifying convictions and who has not been convicted
of a disqualifying offense since the criminal history background check.
REVIEW COMMITTEE
Shall mean a three-member committee consisting of the Mayor
or Mayor's designee, the Chief of Police, and a designated member
of the affected organization. The Committee shall be charged with
the review of all appeals by any employee or volunteer whose criminal
history background check reveals a disqualifying criminal conviction.
SPONSORED
Shall mean any youth program in Bogota which receives funding,
in whole or in part, from the Borough.
SUPERVISORY INDIVIDUALS
Shall mean any person including adults and adolescents under
the age of eighteen (18), whether volunteers or employees of the Borough
who are full time, part time, seasonal or volunteer workers and have
authority in some capacity over a person or persons who are younger
than eighteen (18) years of age, without the constant observation
of the parent(s) or guardian(s) of the youth(s) or without the constant
observation of a representative of law enforcement or a qualified
participant.
YOUTH PROGRAMS
Shall mean any programs that allow for the participation
in activities by those persons less than eighteen (18) years of age.
Activities may include, but are not limited to, sporting activities,
passive recreation groups, club or camp trips or other activities
whereby some control and responsibility for children under the age
of eighteen (18) are assigned to some person other than a parent or
caregiver.
[Ord. #1376, S24-2]
Criminal background checks required for use of Borough facilities.
a. Prior to any club or organization defined as a nonsponsored youth
program being authorized to use Borough of Bogota or Bogota Board
of Education-owned or maintained facilities such club or organization
must provide the Borough Police Chief with the findings of a criminal
background check obtained from the Federal Bureau of Investigation,
Identification Division and the State Bureau of Identification in
the New Jersey State Police.
Based upon the Memorandum of Understanding executed between
the Borough of Bogota and the Federal Bureau of Investigation, Identification
Division and the New Jersey State Police, the individual applying
for the background check shall authorize the Chief of Police to be
the recipient of the affirmation or negative response from the Federal
Bureau of Investigation, Identification Division and the State Police
based upon the findings of the background check.
The submission of background check findings must be based upon
a background check within three (3) years of the start of use of the
facility. In the case of coaches performing duties as employees of
a Board of Education, the policy of the background checks adopted
by the individual Board of Education shall be used to establish eligibility
for the use of Borough-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same, but shall not be less detailed than those performed by the Borough
for individuals involved in administrating Borough-sponsored youth
programs. The Borough of Bogota shall bear the costs for the background
checks for individuals qualified under this section.
b. All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this chapter 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 Clerk 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 chapter and laws regarding false swearing.
[Ord. #1376, S24-4]
Qualified participants engaged in providing recreational opportunities
in Borough-sponsored youth programs or nonsponsored youth programs
for, or on behalf of, the Borough of Bogota shall be issued identification
cards with appropriate expiration dates 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.
The Borough of Bogota shall be responsible for all costs associated
with the original issuance of an identification card for all volunteers
and employees. If the original identification card issued by the Borough
is lost, it shall be the responsibility of the volunteer or employee
to pay for a replacement card.
[Ord. #1376, S24-8]
All youth programs sponsored by the Borough of Bogota, or that
utilize municipal facilities or facilities owned or maintained by
the Bogota Board of Education are required to conduct physical and
emotional abuse education programs on a regular basis, and in accordance
with regulations to be set forth by the Borough Clerk and Chief of
Police. The Borough Clerk and Chief of Police will approve and monitor
the ongoing physical and emotional abuse education programs required
by this chapter on an annual basis.
Borough administered programs including but not limited to summer
programs, spring programs and teen programs will receive physical
and emotional abuse education training through the Borough. The physical
and emotional abuse education programs are required, at a minimum
to:
a. Train participants in identifying inappropriate emotional and physical
abusive behavior;
b. Provide guidelines for addressing individuals exhibiting inappropriate
emotional and physical abusive behavior; and
c. Teaches minors participating in the program how to respond to individuals
exhibiting inappropriate emotional and physical abusive behavior.
The Borough Clerk together with the Chief of Police may, at
their discretion, waive this requirement if a youth program within
the Borough has a physical and emotional abuse education program in
place and can demonstrate that such program meets the regulations
established by the Borough.
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[Ord. #1376, S24-11]
Any person who violates any provision of this chapter shall
be subject to the penalties as set forth in the Borough Code and Federal
and State law.