[Prior ordinance history: 1996 code §§ 20-1.1 — 20-1.6 and Ord. No. 09-15]
[Ord. No. 13-08]
This section contains the policies and procedures for recreational facilities and parks use with the Borough of Elmwood Park. The purpose of this policy is to assure that usage, access and distribution of all recreational sites are in accordance with Borough regulations. The primary use of Borough recreation facilities and parks is for resident recreational activities. Borough facilities may be made available for additional activities if available and if not in conflict with proper maintenance of the facility or other community use. Factors to be considered in determining usage include: Recreation Department Programs and resident priority, efficient scheduling, coordination of uses, regular maintenance, rehabilitation of facility after a specific use, availability, weather, and availability of services at the site. All facility users shall comply with applicable Federal, State and local laws. Users shall be responsible for payment of all costs, expenses, fines, penalties and damages which may be imposed upon Elmwood Park by reason of, or arising out of, the user's failure to comply with legal requirements or failure to comply with provisions of this section.
a. 
List of Borough Facilities: The recreational facilities and parks with the Borough of Elmwood Park are listed as follows:
1. 
Location Facility
Borough Field
Birchwood Park
Cherry Hill Park
Elmwood Park
English Avenue Park
Gall Avenue Park
Garden Drive Park
Garden Drive Park
Rosemont Avenue Park
These policies shall also apply to any other recreational facility or park created or acquired after the date of this section (adopted April 4,2013).
[Ord. No. 13-08]
a. 
Permits for field/facility use are issued by the category in which the organization or event is placed. Group I use shall have priority over Group II, II over III, etc. In reviewing a permit application, the Recreation Director may also consider whether a demonstrated need for providing the activity is evidenced, or whether a program duplicates a similar activity offered by the Recreation Department or within the community.
b. 
All permits for the use of Borough field shall be issued by the Recreation Director.
c. 
All permit requests must be made on authorized forms, signed by the President of the group making the request and be accompanied by an insurance certificate, hold harmless agreement and nonprofit 501(c)(3) paperwork if applicable.
[Ord. No. 13-08]
Applications for all field usage shall be on a form approved by the Recreation Department. Applications shall be submitted to the Recreation Director at least 60 days prior to field use, except that applications for tournaments and similar uses shall be submitted at least 90 days prior to field use. Generally, games shall have priority over practice. The Recreation Director, in reviewing an application, shall take into consideration certain factors, including, but not limited to, wear and tear on the field; scheduling conflicts with other events; provision of sufficient parking for the event; and whether the event benefits the Elmwood Park community.
a. 
Groups are categorized as follows:
1. 
Group I: Recreation Director Directly Sponsored Activities. These activities include programs run by the Recreation Department, such as camps, after-school programs, day programs, special events and seasonal sporting groups and activities.
2. 
Group II: Teams in Established Leagues. These groups are independent organizations that have been established to serve the recreational interest of the participants and shall be teams with Elmwood Park residents being at least 75% of the host team participants.
3. 
Group III: Elmwood Park School Events and Teams.
4. 
Group IV: Private Groups. These groups are made up of residents of Elmwood Park or businesses located in Elmwood Park who request the use of facilities on an occasional basis when space is available. At least 50% of the host group participants must live or work full-time in Elmwood Park. The Recreation Director, along with the Recreation Commission, will develop a seasonal field and facility schedule. The Recreation Director, with recommendations from the Superintendent of the Department of Public Works, shall establish the opening and closing dates for field use.
b. 
Make-Up Schedule. Make-up schedules shall be made at the sole discretion of the Recreation Director. The Recreation Director shall have authority to move schedule events as necessary.
c. 
Field Closing Due to Weather. All use of athletic field is subject to the determination of field playing conditions on a daily basis. Determination is made on weekdays by the Recreation Director or his or her designee.
Generally, all users are subject to the same standard for closure. Nevertheless, determination will be made on a field-by-field basis, as well as a user-by-user basis where conditions are such that some field may be playable while others are not, and some users may do less damage by use than others. At later times and weekends, each organization is required to close its fields if injury may result to participants or if damage may result to the playing surface, affecting not only its continued use by this user but also use by others in this season and in the following season. If in doubt, the field or facility shall be closed. Users must notify the Recreation Director or his or her designee if they have closed the fields so other users questioning whether to close their fields can be so advised.
d. 
Special Events. The Borough sponsors numerous special events such as sports tournaments, Community Day, National Night Out, etc. Every effort shall be made to accommodate such events. Exceptions to the stated policy may be authorized by permit only.
[Ord. No. 13-08; Ord. No. 13-15; Ord. No. 13-25]
a. 
Use of any recreation area by a group of 10 or more participants is authorized by permit only.
b. 
Alcoholic beverages or controlled substances of any kind are prohibited.
c. 
Smoking is prohibited on any recreational field or parking lot owned by the Borough.
d. 
Profane, loud, threatening, insulting, indecent and abusive language is prohibited.
e. 
Amplifiers for music, announcements or otherwise shall not be unreasonably loud.
f. 
No person shall enter or be or remain in any of the public parks of the Borough of Elmwood Park or the Elmwood Park Marina between sunset and sunrise, except that persons may enter or remain in any portion of the youth center premises located in Borough Field Park and Marina during the hours as provided by any resolution of the Mayor and Council heretofore or hereafter adopted.
g. 
All trash shall be placed in proper receptacles. Users shall leave the facility in the same condition in which it was found, or better.
h. 
Organized sports, games or activities (such a baseball games, soccer games, etc.) shall require the prior approval of the Board of Recreation. Any persons using a public park for any organized sports, games or activities shall have the permit issued by the Board of Recreation readily available for inspection by members of the Elmwood Park Police Department or other agents of the Borough of Elmwood Park. Failure to exhibit the permit upon the request will result in the immediate loss of use of the field in addition to any other penalties imposed.
i. 
Dogs Prohibited. No person shall enter or be or remain in any of the public parks of the Borough of Elmwood Park or Elmwood Park Marina with a dog or other animal (except service animals).
[Ord. No. 90-17 § 1; Ord. No. 97-8 § 1; Ord. No. 13-13; Ord. No. 2015-15]
a. 
Recreation Fee Schedule.
Adult Basketball
$50 - $750
Adult Volleyball
$50 - $750
After School Program
$150 - $500
Basketball
$50 - $250
Basketball Clinic
$25 - $250
Bowling
$50 - $500
Cheerleading
$25 - $500
Crafts
$25 - $350
Exercise Class
$5 - $250
LaCrosse
$25 - $500
Mommy & Me
$25 - $400
President's Week Camp
$100 - $500
Recreation Membership
$40 - $250
Senior Dances
$15 - $100
Soccer
$50 - $250
Soccer Clinic
$25 - $250
Soccer Training Camp
$25 - $700
Special Events/Trips
$25 - $4,000
Spray Park
$35 - $500
Spring Break Camp
$100 - $500
Spring Hoops Basketball
$25 - $250
Street Hockey
$25 - $700
Summer Camp
$250 - $2,500
All Borough of Elmwood Park Employees shall receive a $50 discount on the Summer Camp program offered by the Recreation Department.
Summer Soccer Camp
$50 - $500
Summer Camp Trips
$5 - $200
Summertime/Funtime Basketball
$25 - $250
Teen Night
$5 - $50
Tennis
$25 - $250
Travel Basketball
$50 - $350
Travel Soccer
$50 - $500
Volleyball
$50 - $250
Winter Break Camp
$100 - $500
Wrestling
$25 - $350
Zumba Program
$25 - $250
[Ord. No. 05-15 § 2]
As used in this section:
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 Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
DEPARTMENT
Shall mean the Borough of Elmwood Park Police Department.
NONPROFIT YOUTH SERVING ORGANIZATION OR ORGANIZATION
Shall mean a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of this State, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from Federal income taxes.
[Ord. No. 05-15 § III]
a. 
The Borough requires that all employees and volunteers of a nonprofit youth serving organization request through the Department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
b. 
The Division of State Police shall inform the Department whether the person's criminal history background check reveals a conviction of a disqualifying crime or offense as specified in subsection 20-3.4 of this section.
c. 
The Borough shall conduct a criminal history background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
d. 
The Borough shall bear the costs associated with conducting criminal history background checks.
[Ord. No. 05-15 § IV]
a. 
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
1. 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq;
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:1.4-1 et seq.;
(c) 
Involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (A) of subsection a. of N.J.S.A. 2C:35-10.
2. 
In any other state of jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph a, 1 of this subsection.
[Ord. No. 05-15 § V]
a. 
Prospective or current employees and volunteers of nonprofit youth serving organizations shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the Elmwood Park Chief of Police who shall coordinate the background check.
b. 
The Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.
[Ord. No. 05-15 § VI]
a. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment is restricted to authorized personnel of the nonprofit youth serving organization, on a need to know basis, as authorized by Federal or State Statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this section.
b. 
Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating Federal or State regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
[Ord. No. 05-15 § VII]
If this criminal history record may disqualify an applicant for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges for arrests for which there are no final dispositions indicated on the record.
[Added 7-18-2024 by Ord. No. 24-13]
Borough-owned flag poles are not intended to serve as a forum for free expression by the public and are for official purposes set forth herein. The only flag(s) that shall be flown on Borough-owned flag poles shall be:
a. 
The Flag of the United States or of any subsidiary agency or department of the United States government including the official flags of any branch of the armed services;
b. 
The Flag of the State of New Jersey or any political subdivision of the State including the Flag of the County of Bergen and the Flag of the Borough of Elmwood Park;
c. 
The P.O.W./M.I.A (Prisoner of War/Missing in Action) Flag; and
d. 
Any other flag for which display is required by State or Federal law.
Flags shall be flown in accordance with the United States Flag Code, 4 U.S.C. § 5 et seq., and governing law including N.J.S.A. 40A:12-23 and N.J.S.A. 52:3-10. No other flags shall be displayed by an official action of the Borough.