[1966 Code § 50A-4; Ord. No. 9-82; Ord. No. 19-91; Ord. No. 19-2016]
No person in a public park and recreation area shall:
a.
Willfully
mark, deface, disfigure, injure, tamper with or displace or remove
any buildings, bridges, tables, benches, fireplaces, railings, pavings
or paving materials, waterlines or other public utilities or parts
or appurtenances thereof, signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other boundary markers or
other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
b.
Dig
or remove any soil, rock, sand, stones, trees, shrubs or plants or
other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
c.
Damage,
cut, carve, transplant or remove any tree or plant or injure the bark
or pick flowers or seed of any tree or plant, dig in or otherwise
disturb grass areas or in any other way injure the natural beauty
or usefulness of any area.
d.
Destroy,
mar or damage any real or personal property of another or write, draw
or paint any signs, pictures, designs, words, emblem, symbol or insignia
on real or personal property of another, public or private, without
the express authority of the owner.
e.
Use,
play or operate or permit to be played, used or operated any radio,
radio receiving set, television, musical instrument, phonograph or
machine or device for the producing or reproducing of sound in such
a manner so as to disturb the peace, quiet and comfort of users of
public parks and recreation areas or at any time with louder volume
than is necessary for the convenient hearing of the person or persons
playing, using or operating the machine or device.
f.
Enter
upon and park in a recreation area between the hours of 10:00 p.m.
and 6:00 a.m., prevailing time, without the express consent of the
Mayor and Council.
g.
Hunt,
trap, molest, frighten, chase, tease, shoot, throw missiles at, or
pursue any animal, reptile, or bird, or remove or destroy the eggs
or the young of any animal, reptile or bird, at any time. No person
shall use, carry or possess firearms of any description, or air-rifles,
spring-guns, bow-and-arrows, slings or any other forms of weapons
potentially inimical to wildlife and dangerous to human safety, or
any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park area from beyond
park boundaries shall be forbidden.
[1966 Code § 50A-5; Ord. No. 9-82; New]
Municipally owned property, including but not limited to fields
and structures, may not be used by organized groups without written
permission. Normal requests should be made to the Municipal Clerk
10 days in advance of the next meeting of the governing body.
[1966 Code § 50A-6; Ord. No. 9-82]
The Borough Council shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
[1966 Code § 50A-7; Ord. No. 9-82]
Groups using municipally owned property, including but not limited
to fields and structures, are expected to use trash receptacles (butt
cans) and leave the premises clean and orderly.
[1966 Code § 50A-8; Ord. No. 9-82]
When leaving municipally owned property, including but not limited
to fields and structures, supervisors of activities shall:
[1966 Code § 50A-9; Ord. No. 9-82]
Keys issued to coaches and supervisors are to be returned at
end of season. Presidents and chairmen of organizations may retain
keys when desirable.
[1966 Code § 50A-10; Ord. No. 9-82]
Any person destroying or misusing municipally owned property
or equipment will be subject to prosecution by law.
[1966 Code § 50A-11; Ord. No. 9-82]
Anyone acting in a disorderly manner, e.g., profane language
or obscene acts, may have his privilege to use municipally owned facilities
withdrawn.
[1966 Code § 50A-12; Ord. No. 9-82]
Permission to use municipally owned facilities will be granted
by the Borough Council. Regularly scheduled games will always take
precedence in public parks.
[1966 Code § 50A-13; Ord. No. 9-82]
Managers and coaches have responsibility for maintaining order
and cleaning the area used. Failure to meet responsibility may result
in suspension of the privilege to use facilities in the future.
[1966 Code § 50A-14; Ord. No. 9-82]
Glass containers are not permitted on the recreation grounds.
[1966 Code § 50A-15; Ord. No. 9-82]
Bicycles must be parked in bicycle racks at all times when such
racks are available.
[1966 Code § 50A-16; Ord. No. 9-82; Ord. No. 10-2000 § I]
Motor vehicles, bicycles and any other form of conveyance with
wheels are prohibited from riding on the playing fields and must be
parked in designated areas. Borough authorized vehicles, Borough-owned
vehicles, emergency vehicles and any conveyances necessary to transport
disabled persons are exempt from the provisions of this subsection.
[1966 Code § 50A-17; Ord. No. 9-82]
Driving of golf balls and archery are not permitted on recreation
grounds.
[1966 Code § 50A-18; Ord. No. 9-82]
Parks and fields are off limits after dark, except for properly
supervised group activities approved by the governing body.
[1966 Code § 50A-19; Ord. No. 9-82]
No dogs are permitted in municipally-owned property, e.g., on
recreation grounds.
[1966 Code § 50A-20; Ord. No. 9-82; Ord. No. 19-91]
No alcoholic beverages are allowed on the recreation fields
or in the fieldhouses at any time unless by special written permission
of the Mayor and Council, and no person at any time shall be under
the influence of an alcoholic beverage, drug or narcotic.
[1966 Code § 50A-21; Ord. No. 9-82; Ord. No. 19-91; New]
[1966 Code § 50A-22; Ord. No. 9-82]
[1966 Code § 50A-23; Ord. No. 9-82]
This chapter is in addition to and not in derogation of any
other regulations involving or affecting any of the subject matters
contained in this chapter.
[1966 Code § 50A-1; Ord. No. 17-79; New]
a.
There shall be no entry or presence within DeLazier Field during
the periods when same is closed to the public, except for programs
specially scheduled by the governing body or except where individual
permits have been issued by the governing body.
b.
DeLazier Field shall be closed to residents from 10:00 p.m. to 6:00
a.m., prevailing time.
[Ord. No. 11-2002 § I]
a.
There shall be no entry or presence within Bogue Pond Park during
the periods when same is closed to the public, except for programs
specially scheduled by the governing body or except where individual
permits have been issued by the Recreation Commission.
b.
Bogue Pond Park shall be closed to residents from sunset to 8:00
a.m.
[Ord. No. 11-2002 § II]
a.
There shall be no entry or presence within Sloan Park during the
periods when same is closed to the public, except for programs specially
scheduled by the governing body or except where individual permits
have been issued by the Recreation Commission.
b.
Sloan Park shall be closed to residents from sunset to 8:00 a.m.
[1966 Code § 50A-2; Ord. No. 17-79; New; Ord. No. 11-2002 § III]
a.
Individual permits may be obtained by residents to use parks and
recreation areas during the periods when they are normally closed
by making written application to the governing body.
b.
The written application must contain the resident's name, age,
address and activity for which a permit is being sought.
c.
The Recreation Commission shall act on the application at its first
meeting following the application submittal and advise the applicant
immediately thereafter by letter.
d.
The Recreation Commission shall maintain a list of all permits issued
and make the list available to the Borough Police Department.
e.
Signs shall be posted at the entrances to the park or recreation
area or at any other appropriate place, setting forth the times of
opening and closing of the park or recreation area.
[Ord. #6-2009 § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
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/or the New Jersey State Bureau of Identification in the
Division of State Police.
Shall mean the Borough of Bloomingdale, in the County of
Passaic, State of New Jersey.
Shall mean any program sponsored by the Municipality of Bloomingdale,
including any municipal employees, volunteer organizations created
by the Municipality, and all leagues, boards, committees and commissions
affiliated with, falling within the purview, or acting for or on behalf
of the Municipality and having contact with persons under the age
of 18 years.
Shall mean any youth program not sponsored by the Municipality,
but that utilizes municipal facilities or has affiliation with a municipal-sponsored
youth program and having contact with persons under the age of 18
years.
Shall mean any program that allows for participation in activities
by those persons under 18 years of age. Activities may include, but
are not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
acting for or on behalf of a municipal-sponsored youth program or
nonsponsored youth program, other than a parent or caregiver.
[Ord. #6-2009 § 1]
a.
Prior to any club or organization, not defined as a municipal-sponsored
youth program, being authorized to use municipal-owned facilities
for functions participated in by children, all adults, those persons
18 years of age or older, in any way assisting in the function, including
but not limited to coaches, assistant coaches, or similar positions,
must provide the Municipal Chief of Police or designee, or other chief
law enforcement officer of the Municipality, with findings of a criminal
history background check obtained from the State Bureau of Identification
in the New Jersey State Police.
b.
The submission of background check findings must be based upon a
check performed within three years of the start of use of the municipal-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of municipal-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the Municipality
for individuals involved in administering municipal-sponsored youth
programs. All fees for individuals not administering a nonmunicipal-sponsored
program shall be borne by the individual or program with which they
are participating.
[Ord. #6-2009 § 1]
a.
All adults, those persons 18 years of age or older, including but
not limited to coaches, assistant coaches, or similar positions involved
in educating, directing or supervising youth, and in any way assisting
in a municipal-sponsored function participated in by children, shall
submit sufficient information on forms supplied by the Municipal Police
Department or other enforcement authority from the New Jersey State
Police, for the purpose of obtaining a criminal history background
check with the State Bureau of Identification in the New Jersey State
Police. Applications for background checks shall be processed by the
Municipal Chief of Police or other chief law enforcement authority
of the Municipality.
b.
Based upon the Memorandum of Understanding executed between the Municipality
and the New Jersey State Police, the individual applying for the background
check shall authorize the Municipal Chief of Police or other chief
law enforcement officer of the Municipality to be the recipient of
the response from the State Police based upon the findings of the
background check. Individuals involved in a municipal-sponsored youth
function, and who are required to undergo background checks based
upon this chapter, shall not be responsible for the costs involved
with obtaining the criminal background check. The Municipality shall
bear the costs for the background checks for individuals qualified
under this section.
c.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this chapter 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 chapter. The roster shall
be on forms supplied by the Municipality 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 chapter and laws regarding false swearing.
[Ord. #6-2009 § 1]
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Municipality shall be issued identification cards
with appropriate expirations 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.
[Ord. #6-2009 § 1]
a.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Municipal Chief of Police or designee, other chief law enforcement officer of the Municipality shall notify the applicant and the President or leader of the recreation program of affirmative or negative results. The determination of the Municipal Chief of Police or other chief law enforcement officer is based upon Section 8-11.5b1 of this chapter. Details in the background check that resulted in a negative determination by the State Police are not afforded to the municipal Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
b.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact 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 at any municipal-owned facilities. Such offenses shall
include, but not be limited to:
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., such as criminal
homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment,
threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A.
2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq.,
such as robbery;
(b)
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., such as endangering the welfare of a child;
(e)
Any 4th degree offense or higher.
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
c.
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.
d.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for nonsponsored youth programs will forfeit the individual's
ability to participate with the respective program. Refusal of a nonmunicipal
sponsored youth program to subscribe to the requirements of this chapter
shall forfeit that program's ability to use municipal facilities.
[Ord. #6-2009 § 1]
a.
All nonsponsored youth programs that have individuals subject to
this chapter shall supply background checks for all of its participants
prior to the individual being able to participate at any function
at a municipal-owned facility to the extent covered by this chapter.
Thereafter, every three years a new background check shall be submitted
to the Chief of Police or Borough Administrator.
b.
1.
All municipal-sponsored
youth programs that have individuals subject to this chapter shall
direct those individuals to the Chief of Police for background checks
prior to the individual being able to participate at any function
sponsored by the Municipality. Thereafter, every three years a new
background check shall be submitted to the Municipal Chief of Police
or other chief law enforcement officer.
2.
Individuals involved in municipal-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
for a background check. Interim approvals shall only be valid for
the period of time that it takes to receive background results. Such
interim approval shall not be valid for a period of time exceeding
45 days. Only one interim approval may be granted per individual.
[Ord. #6-2009 § 1]
a.
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
1.
Appeal re: Accuracy of Record. A person may challenge the accuracy
of the criminal history record.
(a)
A challenge to the accuracy of the report shall be filed with
the Municipal Chief of Police or other chief law enforcement officer,
who shall coordinate the challenge with the New Jersey State Police.
2.
Appeal Alleging Rehabilitation. A person may claim to be rehabilitated.
(a)
No person may appeal a disqualification on the grounds of rehabilitation, if convicted of a 4th degree offense or higher, if the person has been disqualified because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1 endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 of P.L. 1993 c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
(b)
Appeals Committee. An appeal based on rehabilitation shall be
made to an Appeals Committee, which shall consist of the Chief of
Police, the President or administrator of the municipal recreation
program and Municipal Attorney. Any such appeal must be made within
30 days of receipt of the notice of disqualification.
(c)
Rehabilitation Criteria. In determining whether a person has
affirmatively demonstrated rehabilitation, the Appeals Committee shall
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 circumstances 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 other 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.
(d)
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Municipal Chief of Police or other chief law enforcement officer
of the Municipality.
[Ord. #6-2009 § 1]
a.
Any and all criminal background checks supplied to the Municipal
Chief of Police or other chief law enforcement officer shall be filed
and maintained in a secure and locked cabinet or room and shall not
be available to the public. The Chief of Police or other chief law
enforcement officer of the Municipality shall take appropriate steps
to safeguard such records. The records shall be exempt from public
disclosure under the common law or the New Jersey Right to Know Law.
The records shall only be retained for such period of time as is necessary
to serve their intended and authorized purpose, and thereafter shall
be destroyed.
b.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by Federal or State
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history record information
obtained under this section.
c.
The review committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State regulations governing access to criminal history
records information may be subject to criminal and/or civil penalties.
[Ord. #6-2009 § 1]
a.
Failure to comply with this Code section may result in the Municipality
withholding funding for the nonprofit youth-serving organization,
prohibiting the use of facilities, or withholding funding for facility
maintenance.
b.
Any individual who has been advised, verbally or in writing of his/her
disqualification to participate and continues to participate upon
conviction thereof in a proceeding before a court of competent jurisdiction
shall be subject to the following fines:
