Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 9-13-83 as Ord. No. 83-39. Amended in its entirety 6-24-97 by Ord. No. 97-15. Amended 10-8-97 by Ord. No. 97-27; 10-14-98 by Ord. No. 98-30; 5-27-03 by Ord. No. 2003-10; 4-13-04 by Ord. No. 2004-11; 9-14-04 by Ord. No. 1004-24; 5-22-07 by Ord. No. 2007-22; 9-23-08 by Ord. No. 3-27-12 by Ord. No. 2012-12. Amended in its entirety 10-8-13 by Ord. No. 2013-29. Further amendments noted where applicable.]
[Amended 12-16-15 by Ord. No. 2015-52]
A. 
The current fees for Department of Recreation programs and activities, including recreation/organized sports teams, clinics, special sports programs and summer programs, shall be kept on file in the Town Clerk's Office. Proof of residency, age and/or other supporting documents may be required to show eligibility for participation in programs and activities.
B. 
The fees for Department of Recreation programs and activities shall be reduced for siblings within the same family when siblings are participating in the same program, as set forth in the fee schedule on file with the Town Clerk.
[1]
Editor's Note: Former Section 30-2, Use of Town fields for nonrecreation sponsored events, previously codified herein, was repealed in its entirety by Ordinance No. 2008-25.
[Amended 4-22-14 by Ord. No. 2014-11; 12-17-2018 by Ord. No. 2018-42]
A. 
The current fees for the Department of Recreation before school and after school care programs shall be kept on file at the Town Clerk's Office. Proof of residency, age and/or other supporting documents may be required to show eligibility for participation in programs and activities.
B. 
The fees for Department of Recreation before school and after school care programs shall be reduced for siblings within the same family when siblings are participating in the same program, as set forth in the Fee Schedule on file with the Town Clerk.
The fees for registration of the volunteer firefighter and his or her immediate family for all recreational activities, day camp and after school care shall be reduced by the lesser of $40 or the standard fee for such activity.
[Amended 6-24-14 by Ord. No. 2014-19]
A. 
The current fees for membership at the Secaucus Swim Center shall be kept on file at the Town Clerk's Office. Proof of residency and/or age may be required to show eligibility for membership plans or rates.
B. 
The annual membership fee for the Secaucus Swim Center shall be reduced by 25% for the volunteer firefighter and his or her immediate family. There shall be a 50% reduction in the daily pool pass for the firefighter and his or her immediate family.
C. 
The current fees for furniture rental, equipment rental and the purchase of other ancillary swim items at the Secaucus Swim Center shall be kept on file at the Town Clerk's Office.
[Added 7-28-15 by Ord. No. 2015-30]
A. 
The Town of Secaucus maintains numerous facilities that are available or partially available for public use and rental. The following facilities may be fully or partially available for public use and rental in accordance with the provisions of this chapter: Secaucus Recreation Center, Secaucus Ice Rink, Schmidt's Woods, Town of Secaucus fields, park facilities and pavilions, Humboldt Street Recreation Center, Secaucus Tot Center and the Secaucus Senior Center.
B. 
A list of facility rental fees shall be kept on file at the Town Clerk's Office. Proof of residency, business or organization affiliation, proof of age and/or other supporting documentation may be required to show eligibility for facility rentals.
C. 
All individuals and/or organizations seeking to utilize any Town facility or location shall fully complete an application and agreement on a form(s) approved by the Town Administrator, Department Head or Legal Department of the Town of Secaucus. The Town Administrator or the appropriate Department Head shall have authorization to schedule and regulate Town facilities in the interest of safety, use and availability, with approval of Council where noted on the facility rental fee list.
D. 
Any individual or organization utilizing any facility or location must comply with all terms and policies of the agreement, the facility and the Town of Secaucus, in addition to abiding by all local, state and federal laws, regulations and ordinances.
E. 
The Town of Secaucus reserves the right for the use of all facilities, and shall be exempt from the payment of fees. Facility rental fees will also be waived for use of facilities by the Secaucus Board of Education and local nonprofit organizations.
F. 
Completed applications and agreements for the use of facilities shall be scheduled in the order of receipt to the extent practicable and available given the needs of the Town of Secaucus for the use of the facility, which shall be given priority, and reoccurring use and events, such as team sports or practices. If more than one application and agreement are received for the same date and time, priority shall be given to the Town of Secaucus or its entities.
G. 
Any application and agreement for the rental of a Town facility shall be in addition to any individual or organization obtaining any other relevant and necessary permits from the Town of Secaucus, including but not limited to, special events permits, park or field permits, Board of Health permits and/or required approvals by the Bureau of Fire Safety or other Department.
[Amended 4-14-15 by Ord. No. 2015-14]
A. 
The membership plans available and applicable fees for the Secaucus Recreation Center shall be kept on file at the Town Clerk's Office. Proof of residency, business address, age and/or other supporting documentation may be required to show eligibility for membership rates or plans.
B. 
The current fees for replacement membership cards, and fees for the purchase of café items and other ancillary items shall be kept on file at the Town Clerk's Office.
C. 
The annual membership plans available and applicable fees for the Secaucus Recreation Center shall be reduced by 25% for the following individuals and his or her immediate family living in the same household: volunteer firefighters, active military personnel, full time Town of Secaucus employees, full time Secaucus Board of Education employees and full time Hudson County government employees. There shall be a 50% reduction in the daily pass rate for the specified individuals above and his or her immediate family living in the same household.
[Amended 2-9-16 by Ord. No. 2016-4]
D. 
The annual membership plans available and applicable fees for the Secaucus Recreation Center shall be waived for any person qualified as a totally disabled veteran pursuant to the U.S. Department of Veteran Affairs or appropriate government office.
[Adopted 6-24-14 by Ord. No. 2014-20]
As used in this Article, the following terms shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the local Police Department, the Federal Bureau of Investigation, Identification Division, and the NJ State Bureau of Identification in the Division of State Police.
NON-SPONSORED YOUTH PROGRAMS
Any youth programs not sponsored by the Town, but which utilize municipal facilities or facilities owned or maintained by the Secaucus Board of Education and which utilize the services of employees or volunteers having contact with persons under the age of 18 years.
QUALIFIED PARTICIPANT
An employee or volunteer who has completed a criminal history background check within the past three years that has revealed no disqualifying convictions and who has not been convicted of a disqualifying offense since the criminal history background check.
REVIEW COMMITTEE
A three-member committee consisting of the Mayor or Mayor's designee, the Chief of Police, and a designated member of the affected organization. The Committee shall be charged with the review of all appeals by any employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.
SPONSORED
Any youth program in Secaucus which receives funding, in whole or part, from the Town.
SUPERVISORY INDIVIDUALS
Any person including adults and adolescents under the age of 18, whether volunteers or employees of the Town who are full-time, part-time, seasonal or volunteer workers and have authority in some capacity over a person or persons who are younger than 18 years of age, without the constant observation of the parent(s) or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant.
TOWN SPONSORED YOUTH PROGRAMS
Any youth programs sponsored by the Town, including but not limited to any and all leagues, boards and commissions falling within the purview of or acting for or on behalf of, Town and having contact with persons under the age of 18 years.
YOUTH PROGRAMS
Any programs that allow for the participation in activities by those persons less than 18 years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, clubs or camps, trips or other activities whereby some control and responsibility for children under the age of 18 is assigned to some person other than a parent or caregiver.
A. 
Prior to any club or organization defined as a non-sponsored youth program being authorized to use the Town or Board of Education owned or maintained facilities such club or organization must provide the Town Police Chief with the findings of a criminal background check obtained from the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the New Jersey State Police.
Based upon the Memorandum of Understanding executed between the Town and the Federal Bureau of Investigation, Identification Division and the New Jersey State Police, the individual applying for the background check shall authorize the Chief of Police to be the recipient of the affirmation or negative response from the Federal Bureau of Investigation, Identification Division and the State Police based upon the findings of the background check.
The submission of background check findings must be based upon a background check within three years of the start of use of the facility. In the case of coaches performing duties as employees of a Board of Education, the policy of the background checks adopted by the individual Board of Education shall be used to establish eligibility for the use of Town-owned facilities. In all cases the background check must comply with the provisions of any applicable laws regarding same, but shall not be less detailed than those performed by the Town for individuals involved in administrating Town-sponsored youth programs. The Town shall bear the costs for the background checks for individuals qualified under this section.
B. 
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this Article for that league or program. The President or leader of each recreation program shall file an annual roster of individuals that are required to participate in the background check procedures of this Article. The roster shall be on forms supplied by the Town Clerk and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this Article and laws regarding false swearing.
A. 
All supervisory individuals shall submit sufficient information on forms supplied by the Town Clerk from the Federal Bureau of Investigation, Identification Division and the New Jersey State Police, for the purpose of obtaining a criminal history background check with the local Police Department, the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division and the New Jersey State Police. Applications for background checks shall be processed by the Town Clerk.
Based upon the Memorandum of Understanding executed between the Town and the Federal Bureau of Investigation, Identification Division and the New Jersey State Police, the individual applying for the background check shall authorize the Chief of Police to be the recipient of the affirmation or negative response from the local Police Department, the Federal Bureau of Investigation, Identification Division or State Police based upon the findings of the background check. Individuals involved in a Town-sponsored youth function, and who are required to undergo background checks based upon this Article, shall not be responsible for the cost involved with obtaining the criminal background check. The Town shall bear the costs for the background checks for individuals qualified under this section.
B. 
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this Article for that league or program. The President or leader of each recreation program shall file an annual roster of individuals that are required to participate in the background check procedures of this Article. The roster shall be on forms supplied by the Town Clerk and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this Article and laws regarding false swearing,
Qualified participants engaged in providing recreational opportunities in Town-sponsored youth programs or non-sponsored youth programs for, or on behalf of, the Town shall be issued identification cards with appropriate expiration dates based upon the date of their individual background check. Individuals issued identification cards are required to display their card while in performance of their duty involving youth programs.
The Town shall be responsible for all costs associated with the original issuance of an identification card for all volunteers and employees. If the original identification card issued by the Town is lost, it shall be the responsibility of the volunteer or employee to pay for a replacement card.
A. 
Upon receipt of a completed background check conducted by the local Police Department, the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Chief of Police shall notify the applicant and the President or leader of the youth program of the positive or negative determination of the applicant.
B. 
The determination of the Chief of Police is based upon section § 30-12C of this Article. Details in the background check that result in a negative determination by the State Police are not afforded to the Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
C. 
In the event that the criminal background check reveals any prior convictions for crimes or offenses, which negatively affect the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Town-owned facilities. Such offenses shall include, but not be limited to:
(1) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11, et seq. (criminal homicide), N.J.S.A. 2C:12-1, et seq. (assault; stalking reckless endangering; threats), N.J.S.A. 2C13-1, et seq. (kidnapping and related offenses), N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et seq. (robbery); or
(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.; or
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(4) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except for N.J.S.A. 2C:35-10(a)(4) (minimal amounts of marijuana or hashish);
(5) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in subsections C (1) through (4) above.
D. 
The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.
E. 
Refusal by a volunteer required to submit to background checks will result in an immediate dismissal of the individual from any Town-sponsored activities requiring background checks. In addition, refusal to comply with this Article by any individual falling within the scope of requirements for non-sponsored youth programs will forfeit that individual's ability to participate with the respective program. Refusal of a non-Town sponsored youth program to subscribe to the requirements of this Article shall forfeit that program's ability to use all facilities including facilities owned or maintained by the Secaucus Board of Education. The Town shall treat a refusal by a Town employee and/or prospective employee to submit to a background check in accordance with the Town's EPL.
A. 
All non-sponsored youth programs that have individuals subject to this Article shall supply background checks for all of such individuals prior to the individual being able to participate at any function at any facility in the Town to the extent covered by this Article. Thereafter, every three years a new background check application shall be submitted to the Chief of Police. The Town Clerk and Chief of Police shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three years. Every individual subject to this Article has an ongoing responsibility to notify the Town of any changes in their criminal history background immediately upon such change taking place. Failure by any individual to report any change in their criminal history background may result in a disqualification from participation in assisting with youth related activities.
B. 
All Town-sponsored youth programs that have individuals subject to this Article shall direct those individuals to the Town Clerk for background checks prior to the individual being able to participate at any function sponsored by the Town. Thereafter, every three years a new background check application shall be submitted to the Town Clerk. The Town Clerk and Chief of Police shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three years. Every individual subject to this Article has an ongoing responsibility to notify the Town of any changes in their criminal history background immediately upon such change taking place. Failure by any individual to report any change in their criminal history background may result in a disqualification from participation in assisting with youth related activities.
After performance of a background check by the local Police Department, and submission to the Federal Bureau of Investigation, Identification Division and the Division of State Police for a background check, individuals involved in Town-sponsored youth programs who are required to undergo background checks shall be given an interim approval for a period of time not to exceed 90 days. Only one interim approval period of 90 days maximum may be granted per individual.
A. 
Individuals who receive a negative determination from the Police Chief or his designee will not be allowed to volunteer. Such individuals may obtain a copy of their criminal history record by contacting the State Bureau of Investigation in writing. Such individuals will have 30 days from the receipt of the official notice from the Chief of Police or Town Clerk to petition the Review Committee for a review and to cite reasons substantiating the review.
B. 
Volunteers who receive a negative determination from the Police Chief or his designee may be permitted to volunteer if they affirmatively demonstrate rehabilitation to the Review Committee which shall be comprised of the Mayor, or Mayor's designee, the Chief of Police, and the designated member of the affected organization. In determining whether a volunteer has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors:
(1) 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(2) 
The nature and seriousness of the offense;
(3) 
The circumstance under which the offense occurred;
(4) 
The date of the offense;
(5) 
The age of the person when the offense was committed;
(6) 
Whether the offense was an isolated or repeated incident;
(7) 
Any social conditions which may have contributed to the offense; and
(8) 
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 person under their supervision.
C. 
In all instances, the final determination of whether an individual will be permitted to volunteer will lie in the sole discretion of the Review Committee.
D. 
The Review Committee shall promptly advise the prospective or current volunteer whether he or she is qualified to volunteer.
E. 
The Town Police Department shall keep the results of criminal history record background checks on file for three years from the date such results were received by the Department.
F. 
The Town Clerk may request the Town Police Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective volunteer reveals a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this act.
All youth programs sponsored by the Town, or that utilize municipal facilities or facilities owned or maintained by the Secaucus Board of Education are required to conduct Physical and Emotional Abuse Education Programs on a regular basis, and in accordance with regulations to be set forth by the Town Clerk and Chief of Police. The Town Clerk and Chief of Police will approve and monitor the ongoing Physical and Emotional Abuse Education Programs required by this Article on an annual basis.
Town administered programs including but not limited to summer programs, spring programs and teen programs will receive Physical and Emotional Abuse Education training through the Town. The Physical and Emotional Abuse Education Program is required, at a minimum to:
A. 
Train participants in identifying inappropriate emotional and physical abusive behavior;
B. 
Provide guidelines for addressing individuals exhibiting inappropriate emotional and physical abusive behavior; and
C. 
Teach minors participating in the program how to respond to individuals exhibiting inappropriate emotional and physical abusive behavior.
The Town Clerk together with the Chief of Police may, at their discretion, waive this requirement if a youth program within the Town has a physical and emotional abuse education program in place and can demonstrate that such program meets the regulations established by the Town.
A. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Town-sponsored program involving minors, 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 Article. The records shall be exempt from public disclosure under common law or N.J.S.A. 47:1A-1, et seq.
B. 
Town personnel shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. The record, in whatever form it exists, including electronically or via computer, shall be destroyed immediately by the Town 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.
A. 
Employees and/or prospective employees who have or will have authority in some capacity over a person or persons who are younger than 18 years of age, without the constant observation of the parent(s), guardian(s), of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant shall submit sufficient information on forms supplied by the Mayor and/or his designee from the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, for the purpose of obtaining a criminal history background check with the local Police Department, the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division in the New Jersey State Police. Applications for background checks of employees and/or prospective employees shall be processed by the Mayor and/or his designee. The employee and/or prospective employee shall authorize the Mayor and/or his designee to be the recipient of the affirmation or negative response from the local Police Department, the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the background check.
B. 
In the event of a negative determination arising from the background check, eligibility for new employment and continued employment shall be determined in accordance with the Town's EPL.
C. 
Notwithstanding anything stated herein, the Town shall be permitted to perform criminal background checks on any other employee and/or prospective employee not covered by this provision in accordance with applicable law.
Any person who violates any provision of this Article shall be subject to the penalties as set forth in of the Town Code and federal and state law.