A.
Permits for special events at the Garwood Sports and Recreation Complex
shall be obtained by submitting an application to the Recreation Director
in accordance with the following procedure:
(1)
A person seeking issuance of a permit for use hereunder shall file
an application with the Recreation Director on the form prepared by
the Borough of Garwood to include the following information:
(a)
The name and address of the applicant; proof of residency if
applicable and valid driver's license or state-issued ID;
[Amended 3-24-2022 by Ord. No. 22-02]
(b)
The name and address of the person, persons, corporation, association
or the nonprofit organization sponsoring the activity, if any;
(c)
The day and hours for which the permit is desired;
(d)
The area of the park, facility or portion thereof for which
such permit is desired;
[Amended 3-24-2022 by Ord. No. 22-02]
(e)
Any other information which the Recreation Director shall find
reasonably necessary to make a fair determination as to whether a
permit should be issued hereunder.
(2)
Standards for issuance of a use permit by the Recreation Director
shall include the following findings:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park;
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation;
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct;
(d)
That the proposed activity will not entail extraordinary or
burdensome expense or police operation by the Borough;
(e)
That the facilities desired have not been reserved for other
use at the date and hour requested in the application.
B.
Applications should be submitted to the Recreation Director at least
30 days prior to the date requested.
C.
All nonprofit organizations must submit proof of nonprofit status
with their application.
D.
Fees cover the use of the park grounds and facilities where applicable
during hours set forth in this chapter (park grounds are still open
to the public). Each user shall file the application form with the
applicable fees set forth below. The form should be submitted to the
Recreation Director. Deposit fees will be returned upon inspection
that the park, facility or grounds have not been damaged and have
been cleaned by the permittee. The deposit shall be returned within
30 days after conclusion of the event, less the cost of any repairs
or cleaning necessary to be performed by the Borough to return the
park, facility or grounds to its pre-event condition. A release form
prepared by the Borough and signed by the Recreation Director indicating
no damages have occurred is required for deposit refunds. Requests
for refunds should be submitted, in writing, to the Recreation Director,
403 South Avenue, Garwood, NJ. Application fees are nonrefundable.
Other fees will be refunded if application is not approved and are
nonrefundable in the event the application is withdrawn or canceled
by the permittee.
[Amended 3-24-2022 by Ord. No. 22-02]
E.
The application, deposit and use fees for the Garwood Sports and
Recreation Complex are as follows:
(1)
Application fee: $30, applications received less than two weeks before
the reservation date will have a $20 late fee.
[Amended 7-27-2023 by Ord. No. 23-16]
(3)
Use fee for recreation meeting room (does not include fields, park
grounds are still open to the public) and bathroom (bathroom open
to the public):
[Amended 3-24-2022 by Ord. No. 22-02]
(4)
Additional/optional use fees:
[Amended 3-24-2022 by Ord. No. 22-02]
(b)
Multipurpose turf field with stadium lighting (rental includes
bathroom use):
(5)
Fee
waivers:
[Added 3-24-2022 by Ord. No. 22-02]
(a)
The above-referenced fees set forth in Subsection E(3) and (4) shall be waived for Garwood School District programs, Borough of Garwood municipal organizations and the Garwood-based nonprofit organizations (this excludes any political group regardless of nonprofit status ). In addition, the Borough Administrator has the discretion to waive fees for an applicant which is a charitable organization. However, any denial of waiver of fees is not subject to appeal. Insurance, application fees, and other policy related requirements for use of the Garwood Sports and Recreation Complex shall not be waived.
F.
The Recreation Director shall process applications after submission
providing all fees have been paid and the application is complete.
Incomplete applications or failure to submit required documentation
may cause the process to be extended. The Recreation Director shall
submit application to the Borough Administrator or Assistant Administrator
for final approval.
[Amended 3-24-2022 by Ord. No. 22-02]
G.
The process may include any other information which the Recreation
Director may require and, in the case for use at the Garwood Sports
and Recreation Complex, easterly end of Myrtle Avenue, shall find
reasonably necessary to make a fair determination as to whether a
permit should be issued hereunder.
H.
Requests to serve alcoholic beverages at a special event will only
be considered for the Garwood Sports and Recreation Complex, located
at the easterly end of Myrtle Avenue. Such requests must be approved
by Chief of Police and Borough-Clerk in accordance with laws of the
State of New Jersey, Division of Alcoholic Beverage Control, and the
Code of the Borough of Garwood concerning the permitting of alcoholic
beverages. In the event of approval, host liquor liability insurance
naming, as additional insured, the Borough of Garwood and NJDEP Green
Acres, in the amount determined by the insurance broker, shall be
provided before the issuance of any permit. Under no circumstances
will permits for serving alcoholic beverages be considered in any
other park area in the Borough of Garwood.
[Amended 3-24-2022 by Ord. No. 22-02]
I.
No person shall be allowed to use the kitchen in the Michael R. Crincoli
Building unless they possess a valid food handler's permit as issued
by the Westfield Regional Board of Health.
J.
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
such permits.
K.
The person(s) or organization(s) to whom the permit is issued shall
be liable for all loss, damage or injury sustained by reason of negligence,
accident or any other reason of the person(s) or organization(s) to
whom such permit shall have been issued. Generally, an insurance certificate
in the amount of $1,000,000 naming, as additional insured, the Borough
of Garwood and NJ DEP Green Acres may be required and must be approved
by the insurance broker prior to issuance of permits.
L.
The Recreation Director shall have the right to require any permittee
to submit evidence of liability insurance covering injuries to members
of the general public arising out of such permitted activities in
such amounts as may be from time to time determined by the insurance
broker prior to the commencement of any activity or issuance of any
permit.
M.
The permit application shall be reviewed and approved by the Recreation
Director and the Borough Administrator or Assistant Borough Administrator.
[Amended 3-24-2022 by Ord. No. 22-02]
N.
O.
The Recreation Director or Borough Administrator shall have the authority
to revoke a permit upon a finding of violation of any rule or statute
or local ordinance or upon good cause shown.
[Amended 3-24-2022 by Ord. No. 22-02]
P.
Harry Hartman Park, located at the westerly end of Second Avenue, and Georgiana Gurrieri Memorial Park, located at the westerly end of Fourth Avenue, are generally not available for special events and not included in the schedule in § 126-6. Standards and regulations in Article I, § 126-5, apply to Harry Hartman Park and Georgiana Gurrieri Memorial Park.
A.
The Recreation Director, staff and park attendants shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
The Recreation Director, staff and any park attendant shall have
the authority to eject from the park area any person or persons acting
in violation of this chapter.
C.
The Recreation Director, staff and any park attendant shall have
the authority to seize and confiscate any property, thing or device
in the park or used in violation of this chapter.
D.
This chapter shall also be enforced by the Garwood Police Department.
[Amended 3-24-2022 by Ord. No. 22-02]
No owner or driver shall cause or permit his or her vehicle
to stand outside of designated parking spaces, except for a reasonable
time to take up or discharge passengers or equipment. No motor vehicle
shall be parked in the park outside the hours designated in this chapter
or except as otherwise permitted. Vehicles must be actively loading
or unloading if parked outside of designated parking locations.
The Borough reserves the right with respect to any and/or all
public park and recreation areas and any facilities located therein
to enter into any agreement concerning the use thereof. Said agreement
may include terms, conditions and fees as negotiated between two parties
and must be in a form approved by the Borough Attorney, signed by
the Mayor, Borough Administrator/Clerk and Recreation Director. Agreements
for use of the Garwood Sports and Recreation Complex must be approved
by NJ DEP Green Acres 45 days prior to execution and must comply with
NJ DEP Green Acres rules and regulations contained in N.J.A.C. Title
7, Chapter 36 et seq., and the Code of the Borough of Garwood.
This chapter is in addition to and not in derogation of any
other ordinance involving or affecting any of the subject matter contained
in the within chapter.
Any person being found in a public park, facility or playground
in violation of this article, and upon being told to remove himself
and/or herself from the area or to cease by a police officer of the
Borough of Garwood and failing to do so forthwith, shall render said
person subject to arrest.
Any person found guilty of violating the within article shall
be subject to a fine of not more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
