[HISTORY: Adopted by the Township Committee of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 93.
[Adopted by Ord. No. 14-1974; amended in its entirety by Ord. No. 21-1997 (Ch. VIII of the 1998 Revised
General Ordinances)]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any vehicle designed primarily for the transportation
of one or more persons, which vehicle may be propelled other than
by muscular power.
Includes any park, reservation, playground, trail, recreation
center or other area within the Township which is owned or leased
by the Township and used for active or passive recreation or open
space.
No person shall:
A.
Enter, remain in or conduct any activity whatsoever in any Township
park during the period commencing 1/2 hour after sunset on any day
and ending 1/2 hour before sunrise on the following morning, except
as may be specifically permitted by ordinance or official action of
the Township board or agency in charge of the Township park.
B.
Operate any motorized vehicle at any time in any Township park except
as may be specifically permitted on specified occasions by official
action of the Township Committee and except for police and emergency
vehicles and vehicles used in the maintenance and improvement of the
Township park.
C.
Bring into, possess or consume any alcoholic beverage in any Township
park, except as may be specifically authorized by official action
of the Township Committee. As used herein, the term "alcoholic beverage"
shall have the meaning set forth in N.J.S.A. 33:1-1 and following.
D.
At any time bring into, possess, use, discharge or fire any weapon
in any Township park, except as authorized by resolution of the Township
Committee for purposes of wildlife management. As used herein, the
term "weapon" shall mean and include gun, shotgun, rifle, air rifle,
paintball gun, pistol, revolver, bow and arrow, slingshot or other
device from which a bullet, shot, ball, slug, pellet, solid projectile
or other missile, or any gas, vapor or other noxious thing is fired,
projected or propelled.
[Amended 11-13-2000 by Ord. No. 19-2000]
E.
Ride, drive or otherwise bring any horse onto any improved recreation
field in any Township park or in any areas which are posted against
such use. Horseback riding is strictly prohibited on any portion of
Patriot's Path which is posted against such use.
F.
Feed or permit the feeding of any waterfowl, deer or other wild animals
in any Township park.
G.
Ride, drive or otherwise bring any bicycle onto any improved recreation
field in any Township park or in any areas which are posted against
such use.
H.
Build or attempt to build any fire in any Township park, except as
may be specifically permitted by official action of the Township board
or agency in charge of the Township park.
I.
Have brought in, or shall dump, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or
refuse or other trash. No refuse, trash or waste material shall be
placed in any waters in or contiguous to any park or left anywhere
on the grounds thereof, and all waste materials shall be placed in
the proper receptacles where these are provided; where receptacles
are not so provided, all such rubbish or waste shall be carried away
from the park by the person responsible for its presence, and properly
disposed of elsewhere.
[Adopted 9-8-2020 by Ord. No. 10-2020]
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 individual data with those on file
with the Federal Bureau of Investigation, Identification Division,
and the State Bureau of Identification of the Division of State Police
or a comparable database approved by the Township Police Chief.
All full-time, part-time and seasonal individuals employed
by the Mendham Township and assigned to the Parks and Recreation Program.
Recreation programs run directly and jointly by the Township,
including oversight, control and/or fiscal contribution.
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
A person who has direct, nonsupervised and ongoing interaction
in the course of his/her service with minors. This includes, but is
not limited to, a coach, assistant coach and manager of a team.
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches, as specified in this article, or a similar agency
approved by the Township Police Chief who is under contract with the
Township of Mendham to provide criminal background checks.
Any corporation, association or other organization which
provides recreational, cultural, charitable and social activities
for persons younger than 18 years of age.
A.
The Township of Mendham requires that all employees and volunteers
of youth-serving organizations involved in sponsored programs and/or
utilizing the Township's recreational facilities request through the
Mendham Township Department of Recreation that a criminal history
background check on each prospective and current coach of nonprofit
youth-serving organizations be performed. No person will be permitted
to act as an employee or volunteer until the results of the background
checks have been received and reviewed by the Administrator of the
Township or his designee. Said background check will be in accordance
with:
(1)
The State Bureau of Identification, in accordance with N.J.A.C. 13:59-1.1
et seq. and with the procedures and guidelines adopted by the VRO;
or
(2)
An agency approved by the Township Police Chief which conducts an
internet-based search of relevant databases which would indicate all
criminal history for an individual comparable to the information obtained
from the State Bureau of Identification.
B.
The Mendham Township Department of Recreation shall conduct the criminal
history record background check(s) only upon receipt of the written
consent to the check(s) from the prospective or current employee or
volunteer or from the organization itself and the provision of required
personal identification.
C.
The VRO or the approved internet-based provider shall advise the
Township Department of Recreation of the eligibility of the prospective
or current coach. Any information received by the Township shall be
confidential.
D.
The organization or the participating volunteer or employee shall
bear the costs for conducting such checks for prospective or current
coaches participating in cosponsored programs in accordance with the
regulations established by the VRO or approved internet-based agency.
A.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as 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, or 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.
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes.
B.
In addition, a person may be disqualified from serving as an employee
or volunteer of a nonprofit youth-serving organization if such individual
fails to consent to submit to a criminal history record background
check pursuant to this article.
A.
Prospective or current employees and volunteers of youth-serving
organizations for sponsored programs and/or for utilizing Township
recreational facilities shall submit their names, addresses, fingerprints,
written consent, and any other necessary information to the organization
for the criminal history record background check to be performed.
The organization shall submit this documentation to the Mendham Township
Department of Recreation, which shall coordinate the background check
and refer the information to the State Bureau of Investigation or
approved internet-based agency for the background check. Thereafter,
the Township shall conduct periodic background checks after the date
of the initial background check, but not less than every 36 months.
B.
The Mendham Township Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this article.
A.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to authorized
personnel of the youth-serving organization, 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.
B.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained, and criminal history record information furnished shall
not be disseminated to persons or organizations not authorized to
receive the records for authorized purposes. Any person violating
the federal or state regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
A.
The VRO or approved internet-based agency shall make a recommendation
based on the provisions of N.J.S.A. 15A:3A-1 et seq. as to whether
the prospective or current volunteer coach is being recommended. The
VRO or approved internet-based agency will provide the Mendham Township
Recreation Department with a letter of recommendation or nonrecommendation
for each individual for whom the VRO or approved internet-based agency
completed a background check.
B.
The Department of Recreation shall promptly notify a prospective
or current employee or volunteer who receives a letter of nonrecommendation
from the VRO or approved internet-based agency. Individuals who receive
a letter of nonrecommendation from the VRO or approved internet-based
agency will not be permitted to participate as an employee or volunteer.
Such individuals may obtain a copy of their criminal history record
by contacting the VRO or approved internet-based agency in writing.
The individuals shall then have 30 days from the receipt of notification
from the Mendham Township Department of Recreation to petition the
Appeals Committee, consisting of the Director of the Township Recreation
Department, the Township Administrator and the Township Police Chief,
for a review and to cite reasons substantiating the review.
C.
Individuals who receive a letter of nonrecommendation from the VRO
or approved internet-based agency may be permitted to serve as an
employee or volunteer if they affirmatively demonstrate rehabilitation
to the Appeals Committee or they can demonstrate that the information
supplied by the VRO or approved internet-based agency is incorrect.
In determining whether a person has affirmatively demonstrated clear
and convincing evidence of rehabilitation, the Appeals Committee may
consider the following factors in conjunction with the provisions
of N.J.S.A. 15A:3A-1 et seq.:
(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.
D.
A person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the record. However,
the Township appeals agency shall make the final determination of
the relevance of the contested information.
E.
In all instances, the final determination of whether an individual
will be permitted to serve as an employee or volunteer utilizing the
Township's recreational facilities will lie in the sole discretion
of the Appeals Committee, which must vote unanimously.
F.
The Appeals Committee shall promptly advise the prospective or current
employee or volunteer whether he or she is qualified.
G.
When the Township Department of Recreation receives a letter of nonrecommendation
from the VRO or approved internet-based agency, the Department of
Recreation shall file that letter within its department, and it shall
keep the written notification on file for three years from the date
it was issued. That letter and all related information shall not be
available for public disclosure.
H.
The Department of Recreation may request the 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 employee or volunteer reveals a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this article.
The Township shall only permit the following exemptions under
this article:
A.
Any person who, by virtue of his or her occupation, is required by
statute to undergo a federal and state criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder if such check was conducted
within the past year. The Township Police Chief shall be the approval
agency for this exemption. After such demonstration of proof of compliance,
such individual shall then be subject to subsequent checks pursuant
to this article.
B.
If the organization already utilizes a different means for obtaining
criminal history record background checks, such as Little League Baseball,
then such organization may annually submit its own certification certifying
the names of the individual employees and/or volunteers and providing
proof that such criminal history record background check was performed
for that year. In addition, the organization must also submit to the
Department of Recreation and the Township Police Chief the guidelines
and parameters of such independent background check company for the
conducting of its background checks. In the event the Police Chief
determines that the independent background check company's guidelines
and parameters are insufficient, then the Township reserves the right
to not grant the exemption under this subsection to the organization.
Any violation of this article by a youth-serving organization
is considered a serious threat to the health and life of the youth
of the Township. As a result, upon violation, the Township may suspend
or terminate use of Township facilities, and the youth-serving organization
and the officer who executed the affidavit shall be subject to fines
and other penalties. In determining the remedy, such factors as whether
the breach was intentional, the severity of the noncompliance, and
the good-faith steps taken to cure the violation should be considered.
