Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. #017]
The intent of this Chapter is to set forth the fees and requirements for use of the public facilities of Upper Township which include but are not limited to municipal buildings, municipal fields, municipal recreational facilities, beaches and Township streets and roads.
The following fees shall be charged for the use of public facilities of Upper Township:
[Ord. #017-2011; Ord. #024-2011]
a. 
Upper Township religious or charitable organizations, the Upper Township School District, the Ocean City High School, Upper Township approved ongoing sports and recreation programs, and Upper Township community or civic organizations shall be exempt from payment of fees for the use of Upper Township facilities. This exemption applies only to such organizations based primarily in Upper Township and which primarily serve Upper Township residents.
b. 
When a participant has received approval for an event and has paid the required fee for the event, no additional fee shall be charged for use of a Township athletic field for practices for the event; provided, however, such use shall be strictly limited to practice only and the Township may schedule the practices at any available field, including those other than where the event will be held.
c. 
Weddings of Township residents shall be exempt from payment of a fee for use of a Township facility so long as the facility is available and the use does not exceed 30 minutes in duration.
[Ord. #017-2011; Ord. #024-2011]
a. 
Community Center: $50 per hour, per room.
b. 
Amanda's Field: $100 per day, per field or facility.
c. 
Caldwell Park: $100 per day, per field or facility.
d. 
Tuckahoe River Beach: $100 per day or part thereof.
e. 
Beesley's Point Beach: $200 per day or part thereof for use of the beach only; $500 per day or part thereof for use of or the closure of the boat ramp.
f. 
Beach in Strathmere and Whale Beach: $200 per municipal beach block or part thereof.
g. 
Use of any facility not specifically listed above: $50 per hour.
h. 
In addition to the above, any use of facilities involving Township personnel, services or materials shall pay an additional fee equal to the costs of such personnel, services or materials.
[Ord. No. 012-2017]
The Township may hold and sponsor events at Township facilities and charge fees for admission to the event and for vendors or others to participate in the event. The Township Committee shall, by resolution, set forth the amount to be charged for admission and for vendors and participants at each event. Such resolution may include terms and conditions for admission to the event and for the participation of a vendor or participant at the event.
[Ord. #017-2011; amended 4-27-2020 by Ord. No. 004-2020]
Any individual or organization requesting the use of a Township facility for an organized or scheduled event must submit an application and required documentation to the Department of Public Works Recreation Leader at least 30 days prior to the proposed event. The applicant must provide a full detailed explanation of the proposed event, including, but not limited to, the number of participants and spectators, the amount of any fee charged to a participant or spectator, the activities anticipated, whether or not food or beverages will be consumed at the site, the time and duration of the event and any other information requested by the Township in order to ascertain the nature and scope of the proposed event. Ongoing approved Upper Township sports or recreation programs shall not be required to submit an application for such ongoing activities. The Township Committee or the Department of Sports and Recreation Programs shall from time to time adopt rules and regulations governing such ongoing activities and approving the use of facilities for these programs. Unless otherwise exempted in this chapter, an application for use of Township facilities is required for any organized or scheduled event which is not part of the approved ongoing activities of the sports or recreation programs.
[Ord. #017-2011]
The applicant must provide insurance coverage to the Township in the amount and type recommended by the Township's Risk Manager Consultant.
[Ord. #017-2011; amended 4-27-2020 by Ord. No. 004-2020]
The Township must receive written confirmation from the State Police as to any requirements, suggestions or concerns the State Police may have with respect to the proposed event prior to Township approval.
[Ord. #017-2011; amended 4-27-2020 by Ord. No. 004-2020]
The Township must receive written confirmation from the Upper Township Division of Emergency Management Services as to any requirements, suggestions or concerns the Division may have with respect to the proposed event prior to Township approval.
[Ord. #017-2011]
Any event which involves unsupervised direct access to minor children must be accompanied by a certification from the applicant that those having unsupervised direct contact with minor children have undergone a successful criminal history record background check pursuant to N.J.S.A. 15A:3a-1.
[Ord. #017-2011]
Depending upon the nature of the event and the facility requested, the Township may impose limitations with respect to maximum capacity and number of participants and spectators.
[Ord. #017-2011]
No glass, radios or pets shall be permitted within enclosed park areas and the use of alcohol, drugs, tobacco, profanity and abusive language are strictly prohibited in or about Township facilities. All children under the age of 12 years must be accompanied by a responsible adult at all times.
[Ord. #017-2011; 4-27-2020 by Ord. No. 004-2020]
The Superintendent of Public Works is authorized to issue the approval upon confirmation of compliance with the requirements of this chapter; provided, however, for an event where more than 100 participants and spectators are expected, final approval of the Township Committee is required. If an application for use of facilities is denied by the Superintendent of Public Works, the applicant may request a review of the decision by the Township Committee.
[Ord. #017-2011]
All applicants must execute a current use of facilities agreement on behalf of the Township which includes an indemnification of the Township by the applicant.
[Ord. #017-2011]
Sports programs using Township facilities which are not a Township approved ongoing sports and recreation program must provide to the Township a liability release and waiver from every participant on a form acceptable to the Township Solicitor.
[Ord. #017-2011; amended 4-27-2020 by Ord. No. 004-2020]
Park pavilions may be utilized by groups of 75 persons or less without prior approval on a first-come, first-served basis. Township residents may reserve the use of a pavilion in advance by scheduling same with the Department of Public Works Recreation Leader. For use of the pavilion by groups of more than 75 persons, an application for use of facilities must be submitted, and the applicant must comply with the other provisions of this chapter with respect to use of facility requirements and fees.
[Ord. #017-2011]
The Township reserves the right, in its sole discretion, to deny, limit or revoke the use of requested facilities when in the opinion of the municipality the use presents a risk of unreasonable injury to persons or damage to property of the municipality or others.
[Ord. #017-2011]
There is no guarantee that a Township facility will be available for the applicant's proposed use. Priority for the use of all Township facilities is to Township residents and existing Township programs. The scheduling and availability of all Township facilities and fields is subject to the ultimate approval of the Township of Upper.
[Ord. #017-2011]
Parks, playgrounds, beaches, athletic fields and other similar facilities regularly open to the general public may be used without prior Township approval by individuals not participating in organized or scheduled events so long as such use does not interfere with an approved Township event, program or activity.
[Ord. #017-2011]
The provisions of Chapter 9 of the Revised General Ordinances of the Township of Upper with respect to recreational facilities shall remain in full force and effect and are not intended to conflict with the provisions of this Chapter 26. All provisions in Chapter 9 shall apply to the use of recreational facilities in addition to the provisions of this Chapter 26.
[Ord. #017-2011]
Any person violating the provisions of this Chapter or found to have used Township facilities without appropriate approval shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5 of this Code.