[Ord. #313; New; Ord. #01-1043, S 2; Ord. #02-1052, S 1;
Ord. #06-1210, S 1; Ord. No. 17-1560; Ord. No. 17-1560; amended 5-2-2024 by Ord. No. 24-1729]
Activities and conduct listed below shall be prohibited within
any park belonging to, leased by or operated by the Township:
a.
No person shall post, print, affix, distribute, glue, tack or otherwise post a sign, placard, advertisement or inscription, except that signage required for implementation of the deer management program authorized by section 9-9 of this chapter, or directional signage authorized by the Township may be posted.
b.
No
person shall operate any musical instrument, sound track, or drum
for advertising purposes or for the purpose of attracting attention
to any exhibition, show, performance or other display.
c.
Unless
otherwise provided, no person shall cause or permit any animal owned
by him, in his custody, or under his control, to go or be at large.
1.
Dogs shall be restrained by a leash not exceeding six feet in length;
except that dogs may be unleashed in special areas provided for such
purposes, commonly known as dog parks, provided that the dog is accompanied
by and under the control of an adult owner, custodian or trainer.
A dog park is a fenced/double-gated area specifically designated and
established by the Township for the socializing and exercising of
dogs.
(a)
No
dog, except a service dog, is permitted in Veterans Memorial, regardless
of whether such dog is controlled by a leash.
2.
No person shall ride or drive a horse unless it is well broken and
constantly held in such control that it may be easily or quickly turned
and stopped.
3.
No person shall permit a horse to be unbridled or left unattended
in any unenclosed area without being securely fastened.
d.
No person shall hunt, molest, harm, frighten, kill, trap, pursue, chase, shoot or throw missiles at any animal, wildlife, reptile or bird; or knowingly purchase, buy, receive or have in his possession, sell, convey or give away any such animal, reptile, bird or eggs of any such reptile or bird, except as provided in section 9-9 of this chapter.
e.
No
person shall throw stones or other missiles so as to annoy other persons.
f.
No
person shall climb or stand upon a wall, fence, shelter, seat, statue,
or other structure.
g.
No
person shall enter or leave the park facilities except at established
entrances and exits.
h.
No
person shall remove or open permanent or temporary barriers, signs,
directionals, gates, or fences.
i.
No
person shall have in his possession or bring into any park, or set
or otherwise cause to explode or discharge or burn any firecrackers,
torpedo rockets or other fireworks, firecrackers or explosives or
inflammable material or discharge them or throw them into such area
from lands or highways adjacent thereto. This prohibition includes
any substance, compound, mixture or article that in conjunction with
any other substance or compounds may decompose suddenly and generate
sufficient heat, gas or pressure or any or all of them to produce
rapid flaming, combustion, or administer a destructive blow to surrounding
objects.
j.
No
person shall carry or possess firearms of any description in which
loaded or blank cartridges may be used, or air guns, spring guns,
slings or any other form of weapon potentially dangerous to wildlife
and human safety, except:
2.
As specifically authorized by the Township Committee and the Township's
chief law enforcement officer in connection with a Township-sponsored
commemorative event such as Veteran's Day or Memorial Day and/or a
Township-sponsored educational program, at which an historic reenactment
or exhibit that includes use of antique firearms or antique cannons
is conducted, and provided further, that any such use is not otherwise
prohibited by Chapter 39 of Title 2C the New Jersey Code of Criminal
Justice.
Shooting such devices into the park area from beyond the park
boundaries is forbidden, except that this section shall not apply
to any police officer, constable or other duly constituted officer
under the laws of the State of New Jersey, or of the United States
of America, authorized to carry firearms in the performance of his
official duties.
k.
No
person shall kindle, build, maintain or use a fire, except in places
provided for such purposes. All fires shall be continuously under
the care and direction of a competent person. No person shall drop,
throw or otherwise scatter lighted matches, burning cigarettes or
cigars, tobacco paper or other flammable material within any park.
All fires shall be completely extinguished before persons responsible
therefor leave the park area.
l.
No
person shall operate any vehicle except on roadways or parking areas
provided for such purpose. No person shall operate a mini-bike, moped,
or snowmobile within the boundaries of any park.
m.
No
person shall park or cause to be parked any vehicle except in areas
established for parking or designated by signs for such purposes.
No vehicle shall be parked, whether or not the operator is in attendance,
after the closing hours of any park.
n.
No
person shall throw any substance, matter or thing which may or shall
result in the pollution of any lake, river, lagoon, stream, storm
sewer, or drain of any park or the like which leads into or passes
through the park.
o.
No
person shall take into, carry through, leave in, throw, cast, lay,
drop or discharge onto or on any park, any rubbish, refuse, garbage,
or other material, irrespective of whether the same is organic or
inorganic.
p.
No
person shall deposit on any ice, or in any pond, any matter which
would tend to damage the ice for skating.
q.
No
person shall injure any trees, shrubs, grass, or destroy, cut, break,
deface, mutilate, disturb, sever or remove from the ground any plant,
flower, growing thing, stem, branch or leaf thereof. In addition,
no person shall pile debris of any kind against such vegetation, attach
any rope or cable or other conveyance thereto, or set fire or assist
in setting a fire to any of the same.
r.
No
person shall willfully mark, deface, disfigure, injure, tamper with
or displace or remove any buildings, bridges, tables, benches, fireplaces,
railings, pavings, or paving materials, water lines or other public
utilities or parts of or appurtenances thereof.
s.
No
person shall dig or remove any soil, rock, sand, clay or earth or
make any excavation of any kind by any means or agency.
t.
No
person shall gamble or participate in any game of chance.
u.
No
person shall feed any wildlife. As used herein:
[Ord. #313; New; Ord. #98-946, S 1]
Montgomery Township Parks shall be open in accordance with the
following provisions:
a.
Except
for unusual and unforeseen circumstances or unfavorable site conditions
as determined by the Township Administrator or his/her designee, Montgomery
Township parks shall be open to the public every day of the year 30
minutes before sunrise until 30 minutes past sunset. In addition,
Lubas Field and the portions of Montgomery Park associated with the
lighted basketball courts may be open for prereserved use of lights
for baseball or softball (Lubas Field) or for basketball (Montgomery
Park Courts) during limited hours later than 30 minutes past sunset,
but in no event later than 10:00 p.m. during the period June 25 -
September 7, and 9:30 p.m. during the period September 8 - June 24
at Montgomery Park; and 10:00 p.m. year round at Lubas Field in accordance
with procedures adopted by the Township Committee and administered
by the Recreation Department.
b.
The
aforesaid hours may be amended from time to time for a specific activity,
event or use by resolution of the Township Committee. Any section
or part of any park may be declared closed to the public by resolution
of the Township Committee at any time and for any interval of time,
either temporarily or at regularly stated intervals, daily or otherwise.
c.
The
aforesaid hours shall not apply to designated camping areas where
such camping is conducted in accordance with applicable Township rules
and regulations nor to events sponsored by the Township such as, but
not limited to, summer concert series.
[Ord. #313; New; Ord. #01-1043, S 3]
The following activities and uses are permitted only at times
and in areas so designated for that purpose by Resolution of the Township
Committee and are otherwise prohibited within the park:
[Ord. #313; New; Ord. #9-1313, S 1]
a.
The
following activities and uses are permitted only by persons who obtain
a valid permit therefor and are otherwise prohibited within the park:
1.
No person shall cast, hand out or leave about any bill, billboard, placard, tickets, hand bill, circular, flag, banner, transparency or any other matter for advertising purposes without first obtaining a permit therefor in the manner described in section 9-6 and further provided that such person shall, in addition, obtain a permit for such activity in accordance with Chapter 4, section 4-1, Peddling, Soliciting and Related Activities.
2.
No person shall conduct or organize an outdoor assembly of persons within any park at which 200 or more persons shall be in attendance unless such person shall first obtain a permit therefor from the Recreation Director and, in addition, such person must obtain a permit in accordance with the provisions of section 4-2, Licensing Outdoor Assemblies. A permit application for this activity shall first be submitted to the Recreation Director and, in the event the Recreation Director issues a permit for such outdoor assembly in accordance with section 9-6, such permit shall be conditioned upon the applicant obtaining a permit for such outdoor assembly in accordance with section 4-2 of this Code.
3.
No person shall solicit for contributions or for any purpose whether public or private except that a nonprofit, religious, charitable, civic or veteran organization, service club, volunteer fire or first aid company, may solicit in its name, money, donations or financial assistance and may sell or distribute any item of literature or merchandise for which a fee is charged. Such organization shall, prior to any such solicitation in any park comply with the provisions of subsection 4-1.14, Non-Profit Organizations, and obtain, in accordance with that section, the permits and identification cards required.
4.
No person shall sell or offer for sale any object or merchandise or any other thing except by permit issued in accordance with section 9-6 and, in addition to such permit, no person shall engage in such activities without a permit obtained pursuant to section 4-1, Peddling, Soliciting and Related Activities.
[Ord. #313; New]
The Recreation Committee is hereby authorized to recommend to the Township Committee, rules and regulations for the safe and efficient operation and management of the parks of the Township. When such rules and regulations are approved, by Resolution, by the Township Committee, the Recreation Committee shall post such rules and regulations in appropriate places together with other notices consistent with this Chapter to provide public notice thereof. If such rules and regulations shall require the issuance of a permit prior to any activity or group activity, the standards for issuance of permits provided for in section 9-6(b) shall apply.
It shall be unlawful for any person to use or to be present
in a park in a manner prohibited by such rules and regulations.
[Ord. #313; New; Ord. #94-805, SS 2, 3; Ord. #09-1313, S
1]
No person shall engage in any activity or use within any park where a permit is required by this section or by the rules and regulations adopted by the Township Committee pursuant to section 9-5, without first having obtained such permit in accordance with the following procedure and standards:
a.
A
permit shall be obtained by application submitted to the Recreation
Director of the Township of Montgomery which application shall contain
the following:
1.
The name and address of the applicant.
2.
The name and address of the person(s), corporation(s) or association(s)
sponsoring the activity, if any.
3.
The day(s) and hours for which the permit is desired.
5.
The park or portion thereof for which the permit is desired.
6.
The specific activity or use for which the permit is necessary, including
the number of persons to be covered by such permit.
b.
The
Recreation Director shall consider such application and, within 15
days of receipt of a complete application, including the insurance
certificate and the hold harmless agreement required in paragraph
d below, either grant or deny the application. The decision of the
Recreation Director shall be transmitted to the applicant shown on
the application. The standards for issuance of such permit by the
Recreation Director shall include the following:
1.
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
2.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety,
and recreation.
3.
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime, or disorderly conduct.
4.
That the proposed activity will not entail extraordinary or burdensome
expense for the police operation by the Township.
5.
That the facilities desired have not been reserved for other use
at the date and hour requested by the application.
c.
Any
person aggrieved by the decision of the Recreation Director as hereinabove
provided, shall have the right to appeal to the Township Administrator
by serving written notice thereof on the Township Clerk within five
days of notification of the decision of the Recreation Director. A
copy of such notice shall also be served on the Recreation Director
within the same time and the Recreation Director shall immediately
forward the application and the reasons for its refusal to the Township
Administrator who shall consider the appeal under the application
standards set forth in this section and sustain or overrule the decision
of the Recreation Director within 10 days from receipt of the appeal
by the Township Clerk.
d.
The
person to whom the permit is issued shall be liable for all loss,
damage or injury sustained by any person whatsoever by reason of the
negligence or intentional act of the person, its agents, servants,
employees or guests, to whom the permit was issued. In addition, permittees
shall be required to comply with the following hold harmless and insurance
requirements, as appropriate:
1.
All permittees shall be required to submit a duly executed hold harmless
agreement in a form prescribed by the Recreation Director and produce
valid photo-identification, which the Recreation Department shall
photocopy and attach to the permit application:
2.
All permittees receiving weekly or seasonal use permits shall be
required to furnish the Recreation Director with a certificate of
insurance confirming general liability insurance with coverage for
bodily injury and property damage of at least $1,000,000 combined
single limit each occurrence, naming the Township of Montgomery and
its employees, officers, agents and servants as additional insureds,
and further confirming that the permittee's insurance is primary insurance
for the Township and as to any other insurance that may be in force
as to the Township. In addition, if the activities to be conducted
by the permittee include any sporting or athletic games, contests,
exhibitions or tournaments, the insurance shall contain the following
provision: The insurance afforded includes coverage for any bodily
injury, sickness, disease or death, sustained by any person or persons
or injury or damages to, or destruction of, any property directly
or indirectly arising out of, relating to, or in connection with the
use of the park and its facilities.
3.
Companies, corporations, organizations and associations receiving daily use permits, as set forth in section 9-7, shall be required to furnish the Recreation Director with a certificate of insurance in accordance with paragraph d2 immediately above. Certificates of insurance shall not be required of individual permittees.
e.
The
Recreation Director shall have the authority to revoke any permit
upon a finding of violation of any Township, State or Federal rule,
regulation or ordinance or upon good cause shown.
f.
Notwithstanding
any other provisions of this section, the Director of Police of the
Township of Montgomery shall be authorized to revoke a permit issued
hereunder when, during the course of the activity for which the permit
has been issued, the safety of any persons or the safety of personal
property, including that of the Township of Montgomery is in clear
and immediate danger as a result of the activity authorized by the
permit. Where such permit has been revoked or where persons and personal
property are endangered as set forth above by a person or persons
who do not possess such permit, the Director of Police is authorized
to require that such person or persons leave the park area and take
all steps necessary to eliminate the condition which endangers persons
or personal property. The provisions of this Chapter and the provisions
of any rules and regulations adopted by the Township Committee may
be enforced by the Police Department of the Township of Montgomery.
[Ord. 94-805, S 4; Ord. #98-946, S 2; Ord. #09-1313, S 3]
In order to defray maintenance, materials, labor and utility
costs incurred by the Township resulting from permittees' use of recreational
facilities, permit fees, as follows, are herewith established:
a.
DAILY USE
IN-TOWN LEAGUE
NONRESIDENT FOR PROFIT
NONRESIDENT INDIVIDUAL
NONRESIDENT NONPROFIT
RESIDENT FOR PROFIT
RESIDENT INDIVIDUAL
RESIDENT NONPROFIT
SEASONAL USE
WEEKLY USE
Permit
Types and Applicant Categories. The following permit types and applicant
categories are hereby established:
Shall mean a reservation, obtained by permit granted under section 9-6, for use of a portion or portions of a Township park for an amount of time during a one-day period.
Shall mean an organization or team where the majority of
the players reside within the Township.
[Added 4-6-2023 by Ord. No. 23-1695]
Shall mean an organization, company, or corporation that
is organized for profit and whose principal place of business is not
located within the Township. The term "nonresident for profit" shall
also refer to an individual who does not reside within the Township
and who organizes an activity at which an admission fee or participant's
entrance fee is charged.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
Shall mean an individual who does not reside within the Township
and who organizes an activity at which no admission fee or participant's
entrance fee is charged.
Shall mean any nonprofit corporation, organization or association
that is not organized for profit, holding a tax-exempt status under
the Federal Internal Revenue Code of 1954, i.e., 26 U.S.C. § 501(c)
or (d), and the majority of whose members do not reside within the
Township.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
Shall mean any organization, company, or corporation that
is organized for profit and whose principal place of business is within
the Township. Also as used herein "resident for, profit" shall refer
to an individual who resides within the Township and who organizes
an activity at which an admission fee or participant's entrance fee
is charged.
Shall mean an individual who resides within the Township
and who organizes an activity at which no admission fee or participant's
entrance fee is charged.
Shall mean any nonprofit corporation, organization or association
that is not organized for profit, holding a tax-exempt status under
the Federal Internal Revenue Code of 1954, i.e., 26 U.S.C. § 501(c)
or (d), and the majority of whose members reside within the Township.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
Shall mean a reservation, obtained by permit granted under subsection 9-6, for use of one or more athletic fields or other athletic areas, including but not limited to tennis and basketball courts, over the course of multiple weeks during a twelve-month period.
Shall mean a reservation, obtained by permit granted under section 9-6, for use of one or more athletic fields or other athletic areas, including but not limited to tennis and basketball courts, during the course of a one-week period.
b.
Facility
reservation fee.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
|
Facility Reservation Proposed Fees:
|
In-Town League
|
Resident Individual Rate
|
Nonresident Individual Rate
|
Resident Nonprofit Rate
|
Nonresident Nonprofit Rate
|
Resident For Profit
|
Nonresident For Profit
|
|---|---|---|---|---|---|---|---|
|
One-time use of Tier 1 facility*: 4-hour block, or fraction
thereof, includes setup and cleanup times
|
$50/hour
|
$100/hour
|
$50/hour
|
$100/hour
|
$100/hour
|
$200/hour
| |
|
One-time use of Tier 2 facility**: 4-hour block, or fraction
thereof, includes setup and cleanup times
|
$50/4-hour block
|
$100/4-hour block
|
$50/4-hour block
|
$100/4-hour block
|
$100/4-hour block
|
$200/4-hour block
| |
|
Weekly use: cost per field or athletic area, per 4-hour block
per day or fraction thereof
|
$10/4-hour block
|
$20/4-hour block
|
$10/4-hour block
|
$20/4-hour block
|
$20/4-hour block
|
$40/4-hour block
| |
|
Seasonal use: cost per field or athletic area per day or fraction
thereof
|
***$10/hour per field
|
$10/hour per field
|
$20/hour per field
|
$10/hour per field
|
$20/hour per field
|
$20/hour per field
|
$40/hour per field
|
|
*
|
Tier 1 facilities: Montgomery Veteran Park and Van Home Park.
|
|
**
|
Tier 2 facilities: Bessie Grover, Hobler Park, Lubas Field and
Mill Pond.
|
|
***
|
Starting July 1, 2023: $10 per hour, per field, with a maximum
of $50 per day, per field, for in-town leagues only.
|
|
***
|
Starting July 1, 2024: $10 per hour, per field, with a maximum
of $70 per day, per field, for in-town leagues only.
|
|
***
|
Starting July 1, 2025: $10 per hour, per field, with no maximum.
|
c.
Specific
Uses. In addition to the facility reservation fee, fees shall be charged
for the following uses:
|
Type of Use
|
Fee
|
|---|---|
|
Lighted ballfield
|
$55 per site, per day or fraction thereof.
|
|
Lighted basketball court
|
$25 per site, per day or fraction thereof.
|
|
Concession stand
|
$100 per day or fraction thereof, except where a lease agreement
controls.
|
d.
Notwithstanding
any other provision of this section, the Recreation Director shall
have the authority to waive or reduce facility reservation fees upon
a finding of financial hardship or upon a finding that the use of
the facility as an outdoor meeting space will not require increased
maintenance, labor and utility costs by the Township.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
e.
When
fees paid. All fees shall be paid prior to issuance of the permit.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695]
f.
Exemption
from fees. The Township and other governmental entities shall be exempt
from the payment of all fees and reimbursement for personnel set forth
in this section.
g.
Refunds.
In general, no refunds will be granted. However, if an event is canceled
because the Township has closed the park due to inclement weather
and the permittee is unable to reasonably reschedule the event within
90 days, subject to the availability of the park facilities, a refund
may be issued at the discretion of the Recreation Director.
h.
Van
Horne Park. Residents of the Borough of Rocky Hill shall be eligible
for the residential permit fees, as set forth in paragraph b above,
when reserving Van Horne Park or portions or facilities thereof. This
paragraph shall not be applicable to any of the Township's other parks
or recreational facilities.
[Ord. #87-562, S 1]
a.
The
consumption or possession of alcoholic beverages in any park belonging
to, leased or operated by the Township shall be prohibited except
as provided below.
b.
Special Permits may be issued by the Township Committee in accordance with the provisions of subsection 3-5.4 of this Code for the consumption and possession of alcoholic beverages at a picnic or other activity sponsored by a Montgomery Township based responsible group or organization subject to the following:
1.
Special Permits may be issued for Lubas and Broadway Fields only.
2.
In addition to the requirements of subsection 3-5.4 the group or organization shall submit with its permit application:
(a)
Proof of host liquor liability insurance in a minimum amount of $1,000,000
for the date of the event. The Township and the group or organization
shall be covered by this insurance policy.
(b)
A description of the manner by which sanitary sewer and water facilities
will be brought to the park to accommodate the people attending the
event. The type of sanitary sewer and water facilities to be utilized
shall be approved by the Health Officer. The need for these facilities
may be waived at the discretion of the Health Officer where the anticipated
length of the event and number of persons anticipated to be in attendance
do not warrant their use.
(c)
A security deposit of $200, payable by cash or certified check, to
be drawn upon by the Township in the event of damage to the park.
The security deposit will be returned if no damage occurs. If damage
in excess of $200 occurs, the group or organization shall, within
seven days of the event, remit to the Township the difference between
the security deposit and the amount of the damage.
(d)
A description of the manner by which security personnel will be employed
at the event. The number and type of security personnel shall be approved
by the Chief of Police. The need for security personnel may be waived
at the discretion of the Chief of Police where the anticipated length
of the event and number of persons anticipated to be in attendance
do not warrant their employment.
c.
Under
no circumstances will the term of the permit extend beyond the usual
park opening and closing hours of, respectively, 30 minutes before
sunrise and 30 minutes after sunset.
[Ord. #01-1043, S 4; Ord. #02-1073; Ord. #04-1144, S 1; Ord.
#08-1279, S 1; Ord. #11-1398; Ord. #12-1420; Ord. #2015-1491; Ord. No. 16-1518; Ord.
No. 16-1527; Ord. No. 17-1552 §§ 1, 2; amended 5-16-2019 by Ord. No. 19-1616; 6-17-2021 by Ord. No. 21-1663; 4-20-2023 by Ord. No. 23-1698; 5-2-2024 by Ord. No. 24-1726]
The hunting, shooting, killing and removal of white-tailed deer
shall be allowed solely for the purpose of reducing and managing the
Township's deer population, and only in accordance with the following
provisions, and shall otherwise be prohibited in any Township park
or open space.
a.
Permit
required. No person shall hunt, shoot, kill or remove deer from any
park or open space, or carry or possess firearms of any description
in which loaded or blank cartridges may be used, or air guns, spring
guns, slings or any other form of weapon potentially dangerous to
wildlife and human safety, unless that person has first obtained a
municipal deer management permit for such activity.
b.
Dates
and locations for hunting. The number of permits issued each year,
the properties for which the permits are issued and the dates on which
those properties may be hunted shall be determined annually by resolution
of the Township Committee. A press release and/or notice informing
the public of said designated dates and locations shall be published
on the Township's website and in the Township's newsletter and shall
be submitted to the official newspaper of Montgomery Township for
publication.
c.
Application
process. A permit shall be obtained by application to the Clerk of
Montgomery Township, which application shall contain the following:
1.
The name and address of the applicant.
2.
The applicant's date of birth. Applicants must be 18 years of age
or older to be eligible for a municipal deer management permit. Applicants
for youth hunting permits, if authorized by the annual resolution
establishing dates and locations for hunting, and subject to any restrictions
imposed by the annual resolution and this section, must be between
the ages of 15 years of age to 17 years of age by the first day of
fall bow season.
3.
The applicant's social security number.
4.
The applicant's license plate number.
5.
Current firearm or bow and arrow hunting license number, or proof
of application for same and participation in a state hunter education
course.
6.
A photocopy of any applicable state permits (fall and winter bow,
permit shotgun or muzzleloader rifle).
7.
A signed certification that the applicant is not prohibited by law
from possessing a firearm and has not been convicted of any felonies.
Any applicant who is prohibited by law from possessing a firearm or
who has been convicted of a felony shall not be eligible for a permit.
8.
A release authorizing the Township to conduct a background check
for violations of the New Jersey Fish and Game Code, N.J.A.C. 7:25-5
et seq., and for violations of any local regulations pertaining to
parks or to hunting. Any applicant who has violated any provision
of the Fish and Game Code or violated any local regulation pertaining
to parks or to hunting within 10 years of the date of the application
shall not be eligible for a permit.
9.
A copy of a certificate of insurance confirming general liability
insurance with coverage with combined single limits for bodily injury
and property damage of at least $1,000,000 per single occurrence and
$1,000,000 annual aggregate.
10.
The property for which a permit is sought.
11.
For youth hunting permits, applicants shall provide all of the information
required for a municipal deer management permit, but shall also supply
a signed permission slip from the youth hunter's parents or guardian
and a separate acknowledgment from the hunter agreeing to take responsibility
for the youth's actions while hunting. Applications shall be available
in the Township Clerk's office and on the Township website. Prior
to any permits being issued, all applications will be reviewed by
the Montgomery Township Police Department for accuracy of information
supplied and for compliance with the requirements set forth herein.
Applications for new, first-time permittees must be submitted in person
by the applicant; new applications not submitted in person will not
be processed. All other applications may be submitted either in person
or by mail.
d.
Hunter
education and safety course. Prior to receiving a permit, each applicant
shall be required to complete the Township's site specific hunter
education and safety course.
e.
Eligibility for permit. Permits shall be available to any licensed hunter in the State of New Jersey except Montgomery Township employees who are involved in the administration and/or enforcement of this section, or individuals whose permit has been revoked previously for violations under § 9-9i. Permits shall be issued according to the following procedures:
1.
There shall be three drawings for permits. The first drawing shall
be open only to those past permittees who have (harvested two or more
antlerless deer if hunting with a bow or two or more antlerless deer
if hunting with a firearm) met the minimum harvest requirements as
set forth in the annual resolution, returned the end-of-season survey,
and who otherwise meet all eligibility requirements set forth in this
section. These permittees shall have the opportunity to request to
remain on the same property where the quota was achieved, if desired.
2.
A second and subsequent drawing will be held for all remaining permits.
This drawing shall be open to any licensed hunter in the State of
New Jersey who meets the eligibility requirements set forth in this
section. These permits will be issued on a first-come, first-served
basis.
3.
A third drawing will be held after the close of the first and second
drawings for any remaining open permits. Eligible hunters who already
claimed a main and/or provisional property may apply for one additional
property in this drawing. Permits will be awarded on a first-come,
first-served basis.
f.
Rules
and regulations. The following rules and regulations shall apply to
any permit issued to an individual:
1.
Prior to any hunting activities taking place, permittees shall post
warning signs along the boundaries of the properties for which they
have received a permit (boundary signs will be provided by the Township)
and the Township shall post warning signs at the entrances to all
properties for which permits have been issued.
2.
Only portable stands that do not harm the trees shall be permitted.
All stands shall be removed no later than 15 days following the expiration
of the permit. Hunters shall display their Township permit number
on their tree stand so that it is visible from the ground.
3.
All deer must be checked in via the state's automated harvest report
system. Within 72 hours of harvest, all hunters must electronically
submit to the Township their state-issued confirmation number and
a photograph of the deer taken at the property. At the conclusion
of the hunting season, each hunter must submit the end-of-season survey
to the Township by the designated deadline in order to remain eligible
to participate in the program.
4.
All permits shall be site-specific and nontransferable. Except as set forth in § 9-9f5 below, permittees shall be authorized to hunt only the property for which they have been issued a permit and shall be responsible for knowing where they are at all times. Each permittee shall be required to display his or her permit prominently when engaging in hunting activities.
5.
Deer drives shall be allowed, subject to the following limitations:
(a)
Only permittees may drive deer. It shall be a violation of this section
for any person to drive deer who does not possess a Montgomery Township
deer management permit.
(b)
No person shall carry a weapon of any kind while driving deer, except
that this provision shall not apply to those permittees who possess
a permit for the property being driven.
6.
Vehicles shall be restricted to public roads and designated parking
areas.
7.
Target practice is strictly prohibited.
8.
All season dates and bag limits designated by the State of New Jersey
Division of Fish and Wildlife and the Fish and Game Council for Deer
Management Zones 12 and 14 shall apply.
9.
Incidental hunting.
(a)
Permittees are authorized to take coyotes or foxes while hunting
white-tailed deer on the Township property, provided that the taking
of coyotes or foxes is incidental to, and not separate from, their
deer hunting activities during the six-day firearm, muzzleloader rifle
permit, shotgun permit, fall bow, permit bow, or winter bow deer seasons
if the coyote or fox is encountered before said permittee has taken
the season bag limit of deer. However, after the permittee has taken
a daily bag limit of deer, he or she must cease hunting immediately.
Incidental hunting of coyote or fox while deer hunting may resume
the following day (provided the season remains open and the season
bag limit of deer has not been reached). Coyote or fox hunting at
night is strictly prohibited, and shall conclude on the last day of
whitetailed deer hunting season. The hunting, shooting, killing, pursuit
or removal of any other wildlife is strictly prohibited.
(b)
Permittees with a valid turkey season permit from the New Jersey
Division of Fish and Wildlife are authorized to take turkeys of either
sex during the fall turkey season, provided that the taking of turkeys
is incidental to, and not separate from, their deer hunting activities
during the one week of the permit bow season that coincides with the
fall turkey season if the turkey is encountered before said permittee
has taken the season bag limit of deer. The bag limit is one turkey
per permit, but only one bird may be taken in a given day, regardless
of the number of permits a hunter holds. However, after the permittee
has taken a daily bag limit of deer, he or she must cease hunting
immediately. Incidental hunting of turkey while deer hunting may resume
the following day (provided the season remains open and the season
bag limit of deer has not been reached).
10.
Youth hunting permit holders, in addition to following all rules
and regulations outlined for municipal deer management permit holders,
must abide by the following additional rules and regulations:
(a)
A youth hunting permit holder must be accompanied by the municipal
deer management permit holder identified in the youth hunting permit
application.
(b)
The youth hunting permit holder must occupy the same tree as the
responsible municipal deer management permit holder identified in
the youth hunting permit application.
11.
Permittees using elevated tree stands on Township property shall
use a full-body safety harness at all times. In addition, any permit
issued by the Township to an individual may contain such additional
conditions as the Director or Chief of Police of the Township of Montgomery
determines are reasonably required to ensure the safety of Montgomery's
residents, including, but not limited to, limiting the days and times
during which the permittees may hunt thereon and restricting the areas
within the parks or open spaces on which the permittees may hunt.
g.
Duration
of permit. Permits shall be valid only during the applicable state-approved
deer hunting seasons, as said dates may be amended from time to time
by the New Jersey Division of Fish and Wildlife and the Fish and Game
Council.
h.
Permit
fees. In order to defray increased maintenance, materials, labor and
administrative costs incurred by the Township in connection with its
deer management program, a permit fee of $100 is herewith established.
Any adult who is awarded a municipal deer management permit and also
accepted responsibility for an applicant for a youth hunting permit
will be charged an additional $50 for the youth hunting permit fee.
Any permit fees collected that are not needed to defray the costs
of administering the program shall be deposited into the Township's
Open Space Fund and dedicated to the acquisition or maintenance of
open space.
i.
Revocation
of permit. The Director or Chief of Police of the Township of Montgomery
shall be authorized to revoke a permit issued hereunder at any time
if the safety of any persons or the safety of personal property, including
that of the Township of Montgomery, is threatened as a result of the
activity authorized by the permit. Violations by any permittee of
any applicable state or local rules and regulations pertaining to
hunting or use of parkland shall also cause the permit to be revoked.
Where such permit has been revoked or where persons or personal property
are endangered as set forth above, the Director or Chief of Police
is authorized to require that such person or persons leave the park
area immediately and take all steps necessary to eliminate the condition
which endangers persons or personal property.
j.
Violations and penalties. All state and local regulations pertaining to parks and to hunting shall remain in full force and effect and nothing herein shall be construed to abrogate same. Violation of this section, any special condition or any applicable state or local regulation will result in the immediate loss of hunting privileges on the property and will subject the hunter to any applicable penalties, including but not limited to, the general penalties set forth in § 1-5 of this Code.
k.
Enforcement.
The provisions of this section and provisions of any rules and regulations
adopted by the Township Committee shall be enforced by the Police
Department of the Township of Montgomery.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
When used in this section, the following terms shall have the
meanings indicated:
a.
Animals shall mean and include cats, dogs, horses, any fowl or birds,
and any other living creatures within the jurisdiction of the Park.
b.
Bridlepath shall mean any path maintained for equestrians.
c.
Commission shall mean the Somerset County Park Commission or its
authorized representative as created by Authority of Chapter 276,
New Jersey Laws 1946; N.J.S.A. 40:37-95.
d.
Secretary-Director shall mean the Director of the Somerset County
Park Commission.
e.
Park Ranger shall mean any person employed by the Commission as a
Somerset County Park Ranger.
f.
Path shall mean any footpath, walk, or any path maintained for pedestrians.
g.
Pedestrian shall mean a person afoot.
h.
Permit shall mean any written license issued by or under the authority
of the Commission, permitting a special event or activity on park
facilities and grounds.
i.
Person shall mean any person, corporation, joint stock association,
firm or copartnership.
j.
Private road or drive shall mean every road or lane or driveway not
open to the use of the public in general.
k.
Right of way shall mean the privilege of the immediate use of the
roadway, drive, or path.
l.
Safety zone shall mean any space (within a drive) established for
pedestrians.
m.
Somerset County Park or Parks, Parkways and Reservations shall mean
all the real property situated in Somerset County or adjacent counties
acquired by or under the jurisdiction and care of the Somerset County
Park Commission or which may be hereafter acquired by it or come under
its jurisdiction.
n.
Stopping or standing when prohibited shall mean any cessation or
movement of a vehicle occupied or not, except when necessary to avoid
conflict with other traffic, including horses.
o.
Traffic shall mean pedestrian, ridden or herded animals, vehicles,
either singly or together, while in the confines of the park's jurisdiction.
p.
Vehicle shall mean any conveyance (except baby carriage) including
motor vehicles, bicycles, tricycles, sleds, sleighs, pushcarts, or
vehicles propelled by other than muscular power.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
This section shall be effective within all parks, parkways and
reservations under the administration of the Somerset County Park
Commission within the Township and shall be deemed to regulate the
use thereof by all persons.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
a.
Advertising. No person shall do the following prohibited acts:
1.
Post, paint, affix, distribute or hand out any bill, billboard, placard,
ticket, handbill, circular, or advertisement or any of the following
without written permission of the Commission.
2.
Display any flag, banner, transparency, target, sign, placard or
any other matter for advertising purposes.
3.
Operate any musical instrument, soundtrack, or drum for advertising
purposes or for the purpose of attracting attention to any exhibition,
show, performance or other display.
b.
Soliciting. No person shall solicit for any purpose.
c.
Animals. No person shall cause or permit any animal owned by him/her,
in his/her custody or under his/her control, to go or be at large.
1.
Dogs shall be restrained by a leash not exceeding six feet in length.
2.
No person shall ride or drive a horse unless it is well-broken and
constantly held in such control that it may be easily or quickly fumed
and stopped.
3.
No horse shall be unbridled or left unattended in any unenclosed
area without being securely fastened.
4.
No horse shall be driven or ridden in the parks except at such locations
designated for this purpose by the Commission.
5.
No person shall hunt, molest, kill, wound, trap, chase, shoot or
throw missiles at, remove, or have in his possession any animal, reptile
or bird; or knowingly buy, receive, have in his/her possession, sell,
or give away any such animal, reptile, bird or eggs so taken.
6.
No person shall fish in any of the rivers and canals bordering the
parks unless such person has a State License. No person shall kill,
wound, discharge or throw missiles at any fish in such waters; or
place therein any piscivorous fish, poison or any other substances
injurious to fish.
d.
Disorderly Conduct. No person shall engage in any acts prohibited
under N.J.S.A. 2C:1 et seq., including but not limited to disorderly
persons offenses and petty disorderly persons offenses and, in addition,
those prohibited by this Code. Not by way of limitation but by way
of example, the following are prohibited:
e.
Firearms, Weapons and Tools. No person shall bring into or have in
his/her possession:
1.
Any pistol or revolver or objects upon which loaded or blank cartridges
may be used.
2.
Any tools, instruments, skeleton keys, picklocks, jimmies or other
things known as burglar tools, except when authorized by law.
3.
Any rifle, shotgun, air gun, spring gun, slingshot, bow, or other
instrument or weapon in which the propelling force is a spring or
air, excepting the lawful uses of such weapons at places and times
prescribed by special permission of the Commission.
f.
Fires. No person shall kindle, build, maintain or use a fire, except
in places provided for such purposes or where a permit has been issued.
1.
All fires shall be continuously under the care and direction of a
competent person from the time it is kindled until it is extinguished.
2.
No fire shall be built within 10 feet of any tree or building or
beneath the branches of any tree or in any underbrush.
3.
No cigar, cigarette, or lighted match shall be discarded carelessly
or in a manner which may start a fire.
g.
Closing Hours. All parks will close 1/2 hour after sunset as defined
by the NOAA, National Oceanographic and Atmospheric Administration,
except where and when specific closing hours are designated and posted.
h.
Opening Hours. All park areas will open 1/2 hour after sunrise as
defined by the NOAA unless otherwise specified or designated as posted.
i.
Vending. No person shall sell or offer for sale any object or merchandise
or any other thing within the parks except by special permit of the
Commission.
j.
Minors. No parent or guardian or custodian of any minor shall permit
or allow him/her to do any act prohibited by any Somerset County Park
Ordinance.
k.
Motor Vehicle Operation. No person shall drive or operate any vehicle,
except on roadways or parking areas provided, unless permitted by
signs or directed by Park Rangers or other designated employees.
l.
Motor Vehicle Parking. No person shall park or cause to be parked
any vehicle within the parks, except in areas established for parking
and designated by signs or directed by Park Rangers or other designated
employees. During periods of darkness said vehicles shall have parking
lights in operation.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
a.
The following activities are permitted only at times and in areas
so designated for that purpose by the Commission and are otherwise
prohibited within the parks.
b.
All persons using the facilities of the Commission must obey the
posted rules and regulations established for the proper, effective
and safe utilization of the facility. Certain park areas have special
rules and regulations. Persons using these facilities must obey posted
rules and regulations for the protection of visitors and the resource.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
a.
No person shall throw or deposit litter or waste substance in any
fountain, drain, pond, lake, stream, or any other body of water in
any park.
b.
No person shall injure, cut, remove from the ground or otherwise
disturb any plant, tree, or shrub in any park; nor shall any person:
c.
No person shall damage, deface, or tamper with any drive or walkway,
nor make any excavation of any kind in any park.
d.
No person shall damage, deface, remove or destroy any structure,
building, sign, utility or any other property or equipment, owned
by or under the control or jurisdiction of the Park Commission.
e.
No person shall throw or deposit litter in any park except in public
receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements provided. All such
litter shall be carried away from the park by the person(s) responsible
for its presence and properly disposed of elsewhere.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
A permit authorizing a person or organization the use of a facility
of the Commission may be granted upon written application to the Commission
and written approval. All conditions of the permit approval must be
adhered to and any violation of the terms and conditions, rules, regulations,
or falsifications shall constitute grounds for its revocation by the
Commission or its authorized representative.
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
[Ord. #97-917, S 1; Ord. #01-1043, S 4]
Any person violating any provision of these rules and regulations
shall forfeit and pay a fine or penalty therefor, not exceeding $500
for each offense.
[Ord. #07-1255, S 1]
As used in this section:
Shall mean the Chief of Police or in his or her absence,
the Police Director, and in the absence of both, the ranking member
of the Police Department.
Shall mean the Township official(s) appointed or third party
contracted by the Township Committee to be responsible for the Township's
collection, processing, maintenance and review of information obtained
for purposes of conducting criminal history record background checks
pursuant to this section.
Shall mean a determination of whether an individual has a
criminal record by cross-referencing that individual's name and fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and the SBI.
Shall mean the New Jersey Department of Law and Public Safety.
Shall mean any individual under the age of 18.
Shall mean occurring on at least six separate dates in a
calendar year.
Shall mean a committee comprised of the Chief of Police,
Township Administrator and Recreation Director.
Shall mean the State Bureau of Identification in the Division
of State Police, Department of Law and Public Safety.
Shall mean: (i) any facility owned, leased or used by the
Township and under the Township's control, including without limitation,
Township offices, meeting rooms, parks and recreational areas; or
(ii) any facility used for youth programs for which the Township pays
usage fees.
Shall mean to have direct contact with minors without the
constant supervision, direction and/or oversight of other individuals
18 years of age or older.
Shall mean a planned series of organized recreational, cultural,
educational or social activities intended: (i) for the participation
of a single group of minors; and (ii) to be supervised by the same
volunteer(s) or employee(s). A youth program shall include, but not
be limited to, the practices and games of a single youth sports team
during a single sports season.
Shall mean any individual, corporation, association or other
person or organization, but excluding public and nonpublic schools,
that provides one or more youth programs in the Township. Youth-serving
organization shall not be construed to include visiting sports teams
that are based outside of the Township during tournament play or the
like.
[Ord. #07-1255, S 1]
Unless otherwise provided in this section, a youth-serving organization
shall comply with facility: the following for each of its youth programs
that regularly utilizes any Township facility:
a.
Request through the Coordinating Agency that the SBI conduct a background check on its prospective and current volunteers and employees who may have unsupervised direct contact with minors during the youth program, in accordance with subsection 9-11.3 below;
[Ord. #07-1255, S 1]
a.
When background checks are required under subsection 9-11.2 above, the youth-serving organization shall submit requests for background checks by providing to the Coordinating Agency the names, addresses, completed fingerprint cards and written consents of the volunteers and employees on standardized forms approved by the Township Committee and to be supplied by the Coordinating Agency at least 60 days before the youth program is scheduled to begin. Any volunteer or employee who does not provide the information and documentation required by this paragraph to conduct the background check, including but not limited to the written consent, shall not be permitted to participate in the youth-serving organization's youth program.
b.
The Coordinating Agency shall forward the requests for background
checks, along with the information and documentation required by paragraph
a above, to the Attorney General in the Department of Law and Public
Safety who will actually conduct the background checks.
c.
The youth-serving organization shall designate in writing a representative who will be authorized to receive written notification, pursuant to subsection 9-11.4 below, indicating whether or not its volunteers and employees are disqualified based on the results of the background checks. The written notification shall be used by the authorized representative exclusively for the purposes set forth herein and shall not be disclosed or disseminated to any persons for unauthorized purposes.
d.
Each youth-serving organization shall bear the costs associated with conducting the background checks in accordance with the fees established by the SBI under N.J.S.A. 15A:3A-2d, as amended from time to time. In the event the Township hires a third party contractor to serve as the Coordinating Agency, each youth-serving organization shall also be responsible for paying an additional processing fee for each background check conducted based on the actual cost paid by the Township for same. In addition, the youth-serving organization shall be responsible for any additional fee for fingerprinting completed by the Township Police Department, as set forth in subsection 2-12.4 of the Code.
[Ord. #07-1255, S 1]
a.
Following the Department of Law and Public Safety's completion of the background checks, said Department will provide written notice to the Coordinating Agency indicating whether any of the background checks reveal convictions of any of the disqualifying crimes or offenses specified in subsection 9-11.5 below.
b.
Whenever a background check does not reveal a conviction for a disqualifying
crime or offense, the Coordinating Agency will provide written notice
to the individual that was the subject of the background check, the
Recreation Director and the authorized representative of the relevant
youth-serving organization that said individual is not disqualified
from serving as a volunteer or employee during the youth-serving organization's
youth program.
c.
Whenever a background check reveals a conviction for a disqualifying
crime or offense, the Coordinating Agency shall provide written notice
of same to the individual that was the subject of the background check
and the Chief of Police. The written notice will also advise the individual
of the following:
1.
Before the individual may be disqualified, the individual will have
an opportunity to confirm, deny or challenge the accuracy of the results,
or otherwise demonstrate why he or she should not be disqualified,
by filing a written request for review with the Review Committee;
2.
If the individual chooses to file a written request for review, said
request shall be filed within 10 days of receipt of the written notice
from the Coordinating Agency with the Chief of Police. The written
request for review shall indicate that the individual is requesting
not to be disqualified and shall explain the reasons substantiating
the request. The Chief of Police may extend this ten-day period for
reasonable cause; and
3.
If the individual does not file a written request for review within
the ten-day period (as may be extended), the Chief of Police will
notify the Recreation Director of same and the individual shall be
disqualified from serving as a volunteer or employee during the youth-serving
organization's youth program. The Recreation Director shall then provide
written notice to the individual and the authorized representative
of the youth-serving organization that the individual is disqualified
from serving as a volunteer or employee during the youth-serving organization's
youth program.
d.
In the event the individual files a written request for review with
the Chief of Police, said official shall immediately transmit copies
to the other members of the Review Committee for consideration. The
following procedures and standards shall apply to the Review Committee's
consideration of the request for review:
1.
Within 15 days of filing the request for review, the Review Committee
shall notify the individual what, if any, additional information and
supporting documentation the Review Committee will need to consider
the request, including but not limited to copies of the individual's
criminal record, police reports and court dispositions. The Review
Committee shall provide the individual with sufficient time to submit
the information and documentation. The individual shall cooperate
with the Review Committee's reasonable requests for information and
documentation. All information and documents provided to the Review
Committee shall be confidential.
2.
Within 15 days of the Review Committee's receipt of all information
and documentation that is reasonably necessary to complete its review,
the Review Committee shall decide whether to disqualify the individual
based on the following standards:
(a)
When the basis of request for review is that the results were
incorrect. If the individual demonstrates to the Review Committee's
reasonable satisfaction that the initial results were incorrect and
that the individual's criminal history information, as corrected or
completed by the SBI, does not reveal the conviction of a disqualifying
crime or offense, then he or she shall not be disqualified from serving
as a volunteer or employee during the youth-serving organization's
youth program. If the individual is unable to demonstrate to the Review
Committee's reasonable satisfaction that the initial results were
incorrect as set forth above, however, then the individual shall be
disqualified from serving as a volunteer or employee during the youth-serving
organization's youth program.
(b)
When basis of request for review is that individual should not
be disqualified despite conviction of disqualifying crime or offense.
(1)
The Review Committee may decide not to disqualify an individual
from serving as a volunteer or employee despite the conviction of
a disqualifying crime or offense, if the individual demonstrates that
good cause exists, as more specifically set forth in paragraph d2(b)(2)
of this subsection. If the Review Committee is unable to find that
the individual has demonstrated that good cause exists, the individual
shall be disqualified from serving as a volunteer or employee during
the youth-serving organization's youth program.
(2)
In determining whether an individual has demonstrated that good
cause exists to allow that individual to serve as a volunteer or employee
despite the conviction of a disqualifying crime or offense, the Review
Committee shall consider the following factors:
(i)
The nature and responsibility of the position which
the convicted individual would hold or has held, as the case may be;
(ii)
The nature and seriousness of the crime or offense;
(iii)
The circumstances under which the crime or offense
occurred;
(iv)
The date of the crime or offense;
(v)
The age of the individual when the crime or offense
was committed;
(vi)
Whether the crime or offense was an isolated or
repeated incident;
(vii)
Any social conditions which my have contributed
to the crime or offense; and
(viii)
Any 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 individual under their
supervision.
3.
The Review Committee shall notify the individual in writing of its
final decision within the above fifteen-day period and the Review
Committee's decision shall be final. All materials generated by the
Review Committee shall remain confidential except as set forth in
paragraphs d4 and d5 immediately below.
4.
In the event the Review Committee has decided not to disqualify the
individual, the Review Committee shall also provide written notice
to the authorized representative of the youth-serving organization
that said individual is not disqualified from serving as a volunteer
or employee during the youth-serving organization's youth program.
No other information will be provided to the representative of the
youth-serving organization.
5.
In the event the Review Committee has decided to disqualify the individual,
the Review Committee shall also provide written notice to the authorized
representative of the youth-serving organization that said individual
is disqualified from serving as a volunteer or employee during the
youth-serving organization's youth program. No other information will
be provided to the representative of the youth-serving organization.
6.
All time periods set forth in this paragraph may be extended for
reasonable cause by the Chief of Police.
[Ord. #07-1255, S 1]
The following crimes and offenses are the disqualifying crimes and offenses as set forth in subsection 9-11.4:
a.
In New Jersey, any crime or disorderly persons offense:
1.
Involving danger to the person, meaning those crimes and disorderly
persons offenses as 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; N.J.S.A.
2C:13-1 et seq., such as kidnapping; N.J.S.A. 20:14-1 et seq., such
as sexual assault; or N.J.S.A. 2C:15-1 et seq., such as robbery;
2.
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;
b.
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 subsection.
[Ord. #07-1255, S 1]
a.
The Recreation Director may authorize a youth-serving organization to permit one or more volunteers and/or employees to have unsupervised direct contact with minors during a youth program, notwithstanding the fact that the background check process set forth in subsection 9-11.4 above has not been completed for said volunteer(s) and/or employee(s), if the following is established:
1.
The youth-serving organization has satisfied its responsibilities as set forth in subsection 9-11.3 above for the subject volunteer(s) and/or employee(s) at least 60 days before the youth program is scheduled to begin;
2.
The subject volunteer(s) and/or employee(s) have not received written notice of the results of the background check(s) pursuant to subsection 9-11.4 above and the youth program is scheduled to commence in 10 days or less;
3.
The youth-serving organization has submitted to the Recreation Director a sworn statement completed by each volunteer and/or employee attesting that the volunteer and/or employee has not been convicted of any of the disqualifying crimes or offenses enumerated in subsection 9-11.5 above; and
4.
A review of the Coordinating Agency's files does not disclose that
the subject volunteer(s) and/or employee(s) have previously been disqualified
pursuant to this section.
b.
In the event the results of a background check reveal any disqualifying crime(s) or offense(s) after permission has been granted under this subsection, the individual that was the subject of the background check shall no longer be permitted to serve as a volunteer or employee during the youth-serving organization's youth program until and unless the individual is subsequently deemed not to be disqualified pursuant to the review process set forth in subsection 9-11.4 above.
[Ord. #07-1255, S 1]
a.
Except as otherwise provided for by law, results of background checks
shall be effective for three years from the date they are issued by
the Department of Law and Public Safety.
b.
Except as otherwise provided for by law, results of background checks
received by the Coordinating Agency, Chief of Police and Review Committee,
and any records generated through their review, shall be retained
by the Coordinating Agency for a period of three years from the date
issued by the Department of Law and Public Safety.
c.
A current or prospective volunteer or employee who has or may have
unsupervised direct contact with minors shall not be required to submit
to another background check if the individual was previously subject
to a background check conducted pursuant to this section and not disqualified
as a result no more than three years prior thereto and the Coordinating
Agency confirms same.
d.
Use of the results of background checks by the Township, Coordinating
Agency, Review Committee and youth-serving organizations shall be
limited solely to the authorized purpose for which they were given
and they shall not be disseminated to any persons for unauthorized
purposes. Any person violating Federal or State statutes or regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
[Ord. #07-1255, S 1]
a.
As stated in subsection 9-11.7, the results of background checks are effective for a period of three years from the date they are issued by the Department of Law and Public Safety. When this period of effectiveness has expired, a current or prospective volunteer or employee who has or may have unsupervised direct contact with minors and was previously subject to a background check conducted pursuant to this section and not disqualified shall be required to submit to a recheck in accordance with this subsection.
b.
Except as otherwise provided in this subsection, a recheck shall
consist of a name check only, which is a determination of whether
the individual has a criminal record by cross-referencing that individual's
name with those on file with the SBI.
c.
Name checks are conducted pursuant to same procedures set forth in subsection 9-11.3 above, except that fingerprinting shall not be required. The individual shall provide his or her name, social security number, written consent and other information necessary to complete the name check. The individual shall also certify that he or she has been a resident of the State of New Jersey during the entire period since the initial background check was completed. If the individual has not been a resident of the State of New Jersey during the entire period since the initial background check was completed, then the individual shall be required to undergo a new background check.
d.
All other requirements and procedures set forth in this section shall
apply to the recheck procedure, whether the individual is required
to undergo a name check or a new background check. Wherever the term
"background check" is used, it shall be construed to mean a name check
or new background check when in the context of rechecks, as applicable.
e.
Results of rechecks shall be effective for a period of three years
from the date they are issued by the Department of Law and Public
Safety. When this period of effectiveness has expired, a current or
prospective volunteer or employee who has or may have unsupervised
direct contact with minors and was previously subject to a recheck
conducted pursuant to this section and not disqualified shall be required
to submit to a recheck in accordance with this subsection.
f.
For purposes of this section, results of a recheck shall have the
same effectiveness as the initial background check.
[Ord. #07-1255, S 1]
a.
The Coordinating Agency shall take all steps necessary to ensure
that any information it receives pursuant to this section remains
confidential, and the Township when entering into an agreement shall
have the authority to require that the Coordinating Agency implement
such specific procedures as in the opinion of the Township may be
appropriate and necessary to ensure said confidentiality.
b.
Each authorized representative designated by a youth-serving organization
pursuant to 9-11.3c above shall be required to certify to the Township
in writing that he or she (1) has read and is familiar with the provisions
of this section, (2) understands that any information he or she receives
pursuant to this section is to be used solely for the purposes set
forth herein and shall not be disclosed or disseminated to any persons
for unauthorized purposes.
c.
To the extent reasonably feasible, the Township, Coordinating Agency,
and youth-serving organization shall ensure that all written documentation
required to be provided by this section shall be reviewed only by
the individual or individuals authorized to receive the information,
and shall not be reviewed by, disseminated, or otherwise disclosed
to any other employee, agent or volunteer of the respective entity,
except as required in the performance of his or her duties.
d.
The confidentiality requirements set forth herein and throughout
this section shall apply to all employees, agents and volunteers of
the Township, Coordinating Agency, and youth-serving organization,
and failure to comply with any one or more of these requirements shall
constitute a violation of this section.
[Ord. #07-1255, S 1]
The Recreation Director shall establish, upon consultation with
the Recreation Committee and approval of the Township Committee, policies
and procedures to implement this section, which policies and procedures
shall be consistent with the terms of this section.
[Ord. #07-1255, S 1]
Any person or youth-serving organization who violates the terms
of this section may be subject to any or all of the following:
