[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repealed in its entirety by Ordinance No. 2008-25.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:
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.
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.
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.
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.
Any youth program in Secaucus which receives funding, in
whole or part, from the Town.
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.
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.
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
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.
