[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; amended 8-22-2022 by Ord. No. 019-2022]
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. The prohibition on the use of alcohol shall not apply to any person or persons attending a special event in which the sale and consumption of alcoholic beverages is authorized by resolution of the Township Committee pursuant to Chapter 6, § 6-7 of this Code.
[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.
