[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 12-15-2020 by Ord. No. O:2020-24[1]. Amendments noted where applicable]
[1]
Editor's Note: This ordinance also repealed former Ch. 422,
Parks, adopted 6-19-1969, as amended.
Any person who violates § 422-6 of this chapter shall have the following penalties:
A.
First offense; up to 50 hours community service and up to $250 fine.
B.
Second offense; up to 100 hours community service and up to a $500
fine.
C.
Third offense; up to 250 hours community serve and up to a $1,000
fine.
D.
Fourth offense; up to 1,000 hours of community service and up to
a $2,500 fine.
E.
For offenses where property damage has occurred, cost of replacement
shall be added to the fines.
All rules and regulations continued in this chapter shall apply
to all parks and recreation areas and any other lands owned, leased
or otherwise controlled by the Town of Phillipsburg for the purposes
of recreation.
The Department of Parks and Recreation shall have the power
to place signs within public parks and recreation areas implementing
the rules and regulations contained in this chapter, and shall be
directly responsible to the Business Administrator, or Mayor in the
absence of a Business Administrator, for the supervision and control
of such areas.
Unless otherwise noted in this chapter, the fees and charges
for parks and recreation areas shall be in accordance with the fee
schedule in Ord. No. O:2020-13. Fees are nonrefundable.
B.
All neighborhood playgrounds. January 1 - December 31: 30 minutes
before sunrise to 30 minutes after sunset.
C.
Passive parks. January 1 - December 31: 60 minutes before sunrise
to 60 minutes after sunset.
D.
Except for unusual and unforeseen circumstances, parks shall be open
to the public during designated days/hours.
E.
No person shall, on the grounds of race, color, national origin,
age, gender, or handicap, shall be excluded from participation in,
be denied the benefits of or be otherwise subjected to discrimination
in any park facility, program, or activity.
F.
Discrimination on the basis of residency, including preferential
reservation, registration, or permits being granted, is prohibited
except to the extent that reasonable differences in admission and
other fees may be maintained on the basis of residency in and park,
facility, program, or activity.
A.
No person in any public park or recreation area shall:
(1)
Ride or drive except on established roads and ways, and then at a
speed not in excess of 10 miles per hour;
(2)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, benches, fireplaces, grills,
railings, paving materials, public utilities 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;
(3)
Kill, injure or disturb any animal or bird, or damage any grass,
tree, shrub or plant, or any building, sign, structure or equipment,
upon any premises under the jurisdiction of the Town of Phillipsburg;
(4)
Carry or use any firearms or explosives, air rifles, bows and arrows,
slingshots, or any other weapons or devices potentially inimical to
wildlife or dangerous to human safety, or any instrument that can
be loaded with and fire blank cartridges, or any kind of trapping
device in the parks, playgrounds or other recreational areas;
(5)
Participate in or abet any game of chance except in such areas and
under such regulations as may be designated by the Town of Phillipsburg;
(6)
Use any loud, violent, obscene or profane language, or act in a disorderly
manner, or to commit any nuisance;
(7)
Scatter litter or any form of waste material; or have glass or any
breakable material of any type within park and recreation area boundaries;
(8)
Disturb or interfere with any improvements made or being made in
or about the parks or drives;
(9)
Enter such area other than via the designated entrance way;
(10)
Give entertainments of any kind, transact business of any kind,
hold meetings or assemblies, or establish or occupy a camp upon the
grounds except by written consent of the Department of Parks and Recreation;
(11)
Occupy any grounds for picnic parties, assemblages, business
or entertainment except those designated by the department of parks
and recreation;
(12)
Kindle, build, maintain, or use fire except in portable grills
or places provided for such purpose. Any fire shall be continuously
under the care and direction of a competent person from the time it
is kindled until it is extinguished. No fire shall be built within
10 feet of any tree, building, or other structure;
(13)
Sell, vend or give away, in or upon any of the parks or drives,
any articles of merchandise whatever without the express permission
of the department of parks and recreation;
(14)
Solicit contributions for any purpose, whether public or private,
except in such areas and under such regulations as may be designated
by the Town of Phillipsburg;
(15)
Operate or park any motor vehicles on any walkways/paths except
for Town personnel perform their duties;
(16)
Throw, cast, catch, kick, fly or strike any baseball, golf ball,
football, basketball, model airplane or other object except in designated
and approved places;
(17)
Use the park drives or parkways for the purpose of demonstrating
any vehicle, or for the purpose of instructing another to drive or
operate any vehicle, or for learning to drive or operate any vehicle;
(18)
Have alcoholic beverages in one's possession or consume
any alcoholic beverage;
(19)
Throw or place any foreign or waste substance in any lake, river
or lagoon in or bordering upon any of the parks, or swim or bathe
therein except in such places and at such times designated by the
Department of Parks and Recreation;
(20)
Throw, cast, lay or drop, discharge into, or allow to remain
in the waters of the parks or of any tributary brook or stream, or
storm sewer or drain flowing into such waters, any substance, matter
or things which may or shall result in the pollution of such waters;
(21)
Fail to comply with regulations posted or signs adjacent to
drives and entranceways;
(22)
Park any type of wheeled vehicle in a parking area designated
for the use of handicapped persons unless such vehicle is identified
with a special state license plate issued to handicapped persons;
(23)
Ride or drive any off-road vehicle or all-terrain vehicle (ATV),
minibike or dirt bike, snowmobiles;
(24)
Violate any rules and regulations associated with participation
in any recreation program or membership activity under penalty of
revocation of such membership or loss of participation privileges
for up to one full year, by the Department of Parks and Recreation
or its authorized representative;
(25)
Utilize any recreation or park area designated for use by permit
only without having first been issued the requested permit;
(26)
Use any product or device designed for smoking;
(27)
Coast with skates, skis, sleds, wagons, skateboards, or other
like vehicles on wheels or runners, except for skates, bikes, scooters,
and skateboards at the skate park;
(28)
Have in their possession, set, or otherwise cause to explode,
discharge, or burn any fireworks, firecrackers, or explosives or flammable
materials;
(29)
Ride, drive, or bring any horse within park limits, playgrounds,
or other recreational area without department permission;
(30)
Have any dogs or other animals unless area is a designated for
such animal use;
(31)
The Department of Parks and Recreation may implement rules required
to promote health, safety, and good conduct of people utilizing facilities
and participating in programs and activities.
A.
Picnic areas and pavilions.
(1)
Any individual or group desiring to use a picnic area or pavilion
where there will be at least 10 people must obtain a permit through
the Department of Parks and Recreation and remit in advance the applicable
fee set forth in the current fee schedule. The use of a picnic area
or pavilion for 10 or more people without obtaining the approval of
the Department of Parks and Recreation is prohibited.
(2)
Reservations may be made up to 90 days in advance of the desired
date.
(3)
Bounce houses slip and slides, and other inflatable or amusement
games are not allowed.
(4)
Weekday use, Monday to Thursday, of pavilions is limited to groups
of 10 to 40 people and to a maximum of four hours. Groups obtaining
reservations may utilize the entire space of the reserved picnic pavilion.
(5)
A reservation of a picnic area or pavilion includes the use of electricity
where applicable and the removal of all garbage accumulated during
the event. Excessive cleanup of a picnic or pavilion area will result
in a $50 fee to the permit holder.
(6)
Parking is limited to the designated areas.
(7)
All picnics/pavilion use are scheduled to end at sundown.
(8)
Grilling must be done in designated areas only with only the use
of either charcoal or wood burning grills.
B.
Ballfields. Individuals or private organizations who wish to organize
and operate activities including, but not limited to, camps, clinics,
practices, or games on any field must obtain a permit from the Department
of Parks and Recreation. The minimum number of participants, including
the coach, to constitute any of the previously mentioned activities
shall be 11.
C.
Game courts. Individuals or private organizations who wish to organize
and operate activities including, but not limited to, camps, clinics,
practices, or games on any game court must obtain a permit from the
Department of Parks and Recreation. The minimum number of participants,
including the coach, to constitute any of the previously mentioned
activities shall be six.
D.
Special services. Wedding ceremonies, funerals, and viewings are
permitted for up to two hours with no fee.
E.
Field lights. Use of the lighted field in Walters Park is restricted
to four nights per week, and lights will be turned off no later than
10:00 p.m.
F.
Special events. Events outside of routine picnics, family gatherings, and youth focused camps, clinics, practices, and games shall be subject to § 422-13 of this chapter.
G.
Concession stands. Concession stands are available for use for picnics
and sporting events and shall be available for a fee per the current
fee ordinance.
H.
Denials. If use of facility is denied by the Department of Parks
and Recreation, an appeal can be made in writing to the Mayor. Town
council shall be informed of all denials.
J.
Standards of issuance. The standards for the issuance of a permit
pursuant to this chapter shall include the following findings:
(1)
That the proposed event will not unreasonably interfere with or detract
from the general public enjoyment of the public park or roadway to
be utilized.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety,
and recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not be likely to include violence, crime, or disorderly conduct.
(4)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
(5)
That the permittee shall be bound by all park rules and regulations
and shall be liable for all loss, damage, or injury sustained by any
person or organization.
In addition to the rules and regulations contained in § 422-4, the following rules shall apply to any skate park in Town:
A.
The skate park is an unsupervised area and all users skate at their
own risk.
B.
All users must wear safety equipment; including helmet, elbow and
kneepads. All equipment is to be worn per manufacturer's specifications
(e.g., helmets strapped).
C.
The hours of operation are from sunrise to sunset, year-round.
D.
The facility is for skateboard, scooters, in-line skates, and bicycles.
Motorized vehicles are not permitted.
E.
Smoking within the skate park area is strictly prohibited.
F.
No skating or rollerblading will be permitted when equipment is wet
and/or icy.
G.
Use of drugs, alcohol, profanity, abusive language and/or vandalism
is strictly prohibited.
H.
Users will refrain from bringing any loose items onto the skate park
paved area, including backpacks, food, beverages, etc.
The following rules and regulations shall apply to the operation
of all sport courts:
A.
No dunking or hanging on rim of basketball standards.
B.
No instruction shall be permitted unless authorized by the Department
of Parks and Recreation.
C.
No spectators shall be permitted on any court surface at any time
while in use.
D.
No person shall enter upon any court surface unless such person is
wearing appropriate footwear.
E.
No pets or wheeled vehicles of any type shall be permitted on any
court surface at any time.
F.
No person shall do any act which may cause damage to the surface,
nets, fencing or any other part of the tennis courts or surrounding
property.
The following rules and regulations shall govern the use of
metal detectors:
A.
Use of metal detecting objects are limited to Walters, Delaware River,
Green Street, and Delaware Heights Parks.
(1)
Use is not permitted on any ballfields.
B.
Digging tools for removing metallic objects shall be limited solely
to an ice pick or a screwdriver with a width of not more than 0.5
inch.
(1)
Digging is not permitted on any ballfields.
C.
All aluminum materials, pull rings, bottle caps, and other debris
uncovered shall be picked up and deposited in trash receptacles.
D.
Any person removing any metallic object from underneath the ground
shall thereafter restore the surface ground cover to its original
condition.
The following rule and regulations shall govern the use of the
municipal swimming pool.
A.
Membership.
(1)
Open to all patrons regardless of residency. Membership is valid
for one season only and shall have no bearing on eligibility in any
successive season. Memberships purchased after August 1 of each year
will be available at a 25% discount.
B.
Types of membership; discounts.
(1)
Types of membership:
(a)
Family membership, resident or nonresident. This membership
includes up to four people in a household, one of them being an adult
21 or older.
(b)
Parent/child membership shall include two people, resident or
nonresident, one of whom is age 18 or older, who reside in the same
dwelling.
(c)
Grandparent/child shall include two people, resident or nonresident,
one of whom is the grandparent caretaker of the other person who is
under the age of 13.
(d)
Individual membership, resident or nonresident, is anyone 13
years of age or over.
(2)
The Town of Phillipsburg reserves the right to request proof of residency
or age.
(3)
Volunteer firefighters or EMS personnel who reside in the Town of
Phillipsburg shall be given a pool membership free of charge.
(4)
Teenagers, ages 13 to 17, with high school ID, shall be eligible
for a 10% discount off individual membership fees.
C.
Use of pool; operating hours.
(1)
All members, upon either paying daily entry fee or providing proper
membership identification to the pool staff, shall be entitled to
use the pool facility.
(2)
Use of the pool shall only be during regular operating hours which
are set by the Department of Parks and Recreation based on the operating
budget provided by Town Council.
D.
Pool rules; enforcement.
(1)
The Department of Parks and Recreation may establish pool rules prior
to each season that are compliant with all local, county, and state
regulations and fall within industry standards for pool operation.
(2)
The Pool Manager may implement temporary pool rules to ensure the
safety of the pool patrons. This shall only be done if approval form
the Director of the Department is given.
(3)
All rules and regulations must be posted according to county and
state regulations.
(4)
All pool staff are responsible for the enforcement of pool rules
ad regulations.
The following rules and regulations shall govern dog parks.
A.
Permitted uses.
(1)
Residents of the Town may bring their dogs to the dog park for off
leash exercise and play. Such activities shall always take place within
the fenced area of the dog park. Any person using the facilities of
the dog park shall be subject to all the rules and regulations set
forth herein, as well as all other ordinances of the Town.
B.
Rules and regulations of the dog park.
(1)
Operating hours for the dog park are from 8:00 a.m. until sunset.
The Town reserves to right to adjust and close the park at any time
without prior notice. The Town shall not provide any supervision during
dog park operating hours. All persons using the dog park assume all
risks associated with the use of the dog park. Residents shall always
be responsible for the supervision and control of their dogs. Under
no circumstances shall any dog go unattended.
(2)
All dogs must always be accompanied by at least one resident who
is 18 years of age or older. There is a two-dog-per-adult maximum
in the dog park. There shall be a maximum of 10 dogs permitted in
the large gated area of the dog park. Up to five small dogs, under
25 pounds, are permitted in the small fenced area of the dog park.
Dogs weighing more than 25 pounds are prohibited from entering the
small dog area.
(3)
Children under the age of six years are not permitted in the dog
park. Children between the ages of six years and 12 years shall always
be accompanied and supervised by at least one responsible adult 18
years of age or older.
(4)
All dogs and puppies must be licensed by the town and have all inoculations
up to date.
(5)
All dogs must always wear a collar with a current license tag while
in the dog park. Spiked, pronged, or choke collars are prohibited.
(6)
All owners must clean up after their dogs.
(7)
All puppies using the dog park must be at least four months old.
(8)
Dogs who are in heat shall not be allowed in the dog park.
(9)
Dogs may go unleashed while in the dog park, however, all persons
accompanying a dog or puppy must use a leash when taking the dog or
puppy to and from the dog park.
(10)
All persons who bring play items to the dog park shall remove
same before leaving the dog park. No rawhide or other dog food products
are permitted inside the gated area.
(11)
Dogs displaying aggressive behavior towards other dogs and/or
people shall be removed from the dog park by the owner. Continued
displays of aggressiveness by any dog may result in prohibiting the
owner or other responsible adult from bringing the dog to the dog
park. Any dog who bites any person shall not be allowed thenceforth
to use the dog park.
(12)
All dog bites shall immediately be reported to the Animal Control
Officer.
(13)
Food and beverage for human consumption is prohibited in the
dog park.
(14)
Smoking is prohibited in the dog park.
C.
Fee; enforcement.
(1)
Fees for resident use of dog park is $20 and $40 for nonresident
use, per annum. Resident applicants must ensure the dog is licensed
and must execute a release of liability, both through the Office of
the Town Clerk. Nonresident applicants must show proof of rabies vaccination
and execute a release of liability through the Town Clerk.
(2)
Enforcement of dog park rules and regulations is the responsibility
of the Animal Control Officer or other law enforcement officer in
the absence of an Animal Control Officer.
A.
General.
(1)
Any person or organization desiring to hold any event, i.e., concert,
race, walkathon, fair, carnival, festival, celebration, show, or other
similar event in or upon any public grounds, park, or road of the
Town of Phillipsburg must first apply for, and obtain a permit from
the Department of Recreation in accordance with the requirements of
Section 248-2[1] of this chapter. Any such concert, race, walkathon, fair,
carnival, festival, celebration, show, or other similar event, which
is likely to require the expenditure of municipal resources in the
form of the Police Department, Fire Department, Department of Public
Works, Recreation Department and/or Emergency Medical Services salaries,
wages, or other expense, shall constitute a special event. To obtain
a permit for a special event, the applicant shall also satisfy the
requirements of Section 248-3[2] of this chapter.
(2)
In order to further define "a special event" the following shall
be inclusive: closing of a public street; the blocking or restriction
of public property; the sale of merchandise, food, or beverages on
public property or on private property where otherwise prohibited
by ordinance; the installation of a stage, band shell, trailer, van,
portable building, grandstand, or bleachers on public property, or
on private property where otherwise prohibited by ordinance; the placement
of portable toilets on public property, or on private property where
otherwise prohibited by ordinance; or placement or temporary "no parking"
signs on a public right-of-way.
(3)
This chapter shall apply to any event defined in 248-2[3] for which at least 25 people shall be present except for:
(a)
Town sponsored programs/events operated by any municipal departments.
(b)
Routine pavilion rentals and picnics at Walters Park and Green
Street Park.
(c)
Town sponsored youth sports programs operating practices and
games.
(d)
Funeral processions.
(e)
Legal labor picketing on sidewalks.
(f)
Organized protests per constitutional rights.
[3]
Editor's Note: As in original.
B.
Application for permit.
(1)
All applicants shall complete a preapplication meeting via phone
or in person to discuss the feasibility of the event, availability
of facilities, and discuss the application process.
(2)
Only upon completion of 248-2 Section A,[4] a person or organization seeking issuance of a permit
hereunder shall file the application with the Superintendent of Recreation
on a paper form, electronic form, or via other designated submission
technique to be provided by the Superintendent of Recreation for that
purpose, on which form the applicant shall furnish the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The name, address, and telephone number of the person, persons,
corporation, or association sponsoring the activity.
(c)
A detailed site plan that would show the area or route to be
used, along with proposed parking areas, structures, tents, fences,
barricades, signs, banners, and rest room facilities, more commonly
referred to as a "footprint".
(d)
The date(s) and hours for which the permit is desired.
(e)
The location of the event for which the permit is desired, and
complete details as to how the applicant intends to provide for security
and traffic control.
(f)
The number of contestants, participants, spectators, and/or
other people that could reasonably be anticipated to attend the event.
(g)
A detailed description of the municipal resources or services
that will be required to be provided in connection with the event.
(h)
The following information shall be included with the application
as attachments:
[1]
A detailed emergency management plan for the site.
[3]
Names of all presenters/acts/demonstrators to be scheduled during
the event.
[4]
A signed statement whether applicant or sponsoring organization
has ever had a permit revoked by this or any other agency. This may
also act as a reference letter from any other agency where permits
were issued.
(i)
Application must be submitted no later than 90 days prior to
any such event.
[4]
Editor's Note: As in original.
(3)
Upon verification that the application is complete, the Superintendent
of Recreation shall refer the application to the Municipal Clerk,
Business Administrator, Fire Chief, Police Chief, Emergency Squad,
Mayor and all members of Town Council for preliminary review in accordance
with Section 248-3[6] of this chapter.
[6]
Editor's Note: As in original.
C.
Review of application; decision by Town Council.
(1)
The department heads listed in 248-2 Section B[7] shall review the applications and shall present their
recommendations including estimated costs to the Superintendent of
Recreation for final review within 10 business days upon their receipt.
The Superintendent of Recreation shall present a recommendation to
the governing body during the next regularly scheduled meeting. If
any Council members voice concern that the event to be held requires
additional investigation, he or she may direct that the application
be sent back for additional information. The Council shall make the
final determination by majority vote whether to issue a permit for
a special event, and if it is determined that there is a need for
certain conditions and restrictions as may be reasonably necessary
to insure that the standards set forth in Section 248-4[8] are satisfied. These conditions and restrictions shall
be approved by resolution of the Council.
(2)
If permit is denied, the applicant may, within three days of denial
notification, request in writing to the Municipal Clerk an appeal
to overturn the decision. The Town Council may act upon the appeal
at its next regularly scheduled meeting. If the aggrieved person wishes
to request a special meeting, this shall be done in writing to the
Municipal Clerk. Cost of a special meeting for this purpose shall
be $750. A written decision of the appeal shall be sent via certified
mail to the applicant and shall include the reason for denial.
D.
Standards for permit issuance; deposit; fees; waiver of fees; alcohol.
(1)
The standards for the issuance of a permit pursuant to this chapter
shall include the following findings:
(a)
That the proposed event will not unreasonably interfere with
or detract from the general public enjoyment of the public park or
roadway to be utilized.
(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 be likely to include violence, crime, or disorderly conduct.
(d)
That the facilities desired have not been reserved for other
use at the date and hour requested in the application.
(e)
Applicant is following all local, county, state laws and regulations
with regards to permits, inspections, food service, noise, illumination
of event area.
(2)
All fees charged shall be in accordance with current municipal ordinances
and shall include, but not limited to: Application fee, event fee,
vehicle/parking fee, labor hour fees, clean up deposits, and clean
up fees.
(3)
A deposit of 100% of the estimated costs shall be paid not less than
30 days before the event or a permit will not be issued. All fees
paid are nonrefundable.
(4)
(5)
Consumption of alcohol at an event held town property is at the sole
discretion of the Town Council. If alcohol is permitted at the event,
a fee of $500 shall be assessed. An official application must be made
through the ABC.
E.
Liability insurance; inspection; revocation of permit.
(1)
A permit holder shall be bound by all applicable municipal ordinances,
rules, and regulations. The person or persons to whom the permit is
issued shall be liable for all loss, damage, or injury sustained by
any person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued.
(2)
The permittee is required to submit to the Superintendent of Recreation
with the initial application a certificate of insurance with coverages
not less than $1,000,000 for bodily injury or death and $100,000 for
property damage. The permittee shall be responsible for all additional
costs incurred if, as a result of this activity, additional resources
are needed, such as but not limited to manpower and/or equipment.
Additional insurance policies from vendors may be requested and shall
have the same coverage limits.
(3)
The Town of Phillipsburg reserves the right to inspect any premises
for which an application for special event has been made at any time.
An inspection shall be required:
(4)
The Superintendent of Recreation and Chief of Police shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance or upon good cause shown.
F.
Garbage; restroom facilities; parking.
(1)
All trash accumulated at the permitted event location is the responsibility
of the permittee and shall be disposed of in accordance with all local,
county, and state laws.
(2)
If the permittee wishes to have the municipality remove garbage accumulated
from the event, the following shall apply:
(3)
The permittee shall be responsible to cover the cost of adequate
portable restroom facilities.
(a)
Portable restrooms are billed at cost plus a $10 per unit scheduling
fee.
(b)
Number of portable toilets are determined based off industry
standard recommendations for the number of participants and hours
of the event.
(c)
A permittee can schedule their own restrooms facilities if they
choose. Proof of adequate facilities shall be required in the site
plan.
(4)
If park restrooms are used, a $250 clean up fee per structure shall
be assessed.
G.
Offenses. A person commits an offense if he or she:
(1)
Commences or conducts an event without a permit; or
(2)
Fails to comply with any requirement or provision of an event permit
of this chapter; or
(3)
Hampers, interferes or impedes or obstructs with any special event
or with any person or property being used in said special event.
(4)
Possesses a dangerous weapon defined as any device designed or capable
of being used to inflict serious injury upon a person or property,
including, but not limited to, firearms, knives of any kind or type,
razors or razor blades, metallic knuckles, clubs, blackjacks and night
stick, and any device designed to cause an explosion.
H.
Violations and penalties. A person who violates a provision of this
section shall be guilty of a separate offense for each day or part
thereof during which the violation is committed or continued. Each
offense shall be punishable by a fine of not less than $1,000 but
no more than $2,500. Penalties are in addition to revocation of permit,
not in lieu of.
A.
Nonsponsored youth programs. Criminal background checks. Required
for use of Municipal facilities.
(1)
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 Clerk and Business Administrator with findings
of a criminal history background check obtained from the SBI or third-party
independent agency.
(2)
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.
B.
Municipal-sponsored youth programs. Background checks.
(1)
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 Clerk.
Applications for background checks shall be processed by the Municipal
Clerk, Business Administrator or designee, or a third-party agency.
(2)
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 to the Municipal
Clerk and Business Administrator. 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.
(3)
The Town may, in its discretion, engage the services of a third-party
independent agency to conduct the criminal history record background
checks authorized under this chapter.
C.
Qualification; ID card.
(1)
Individuals engaged in providing recreation opportunities for, or
on behalf of, the municipality of Philipsburg 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 or be able to supply evidence the card is on
their possession if asked, while in performance of their duty involving
youth programs.
D.
Disqualification. Upon receipt of a completed background check, notification
of disqualification based on the criminal history record shall be
made to the employee or volunteer by either the Municipal Clerk or
third-party independent agency conducting the criminal history record
background check. The specific criminal violation is not identified
on the notification. A copy of such disqualification shall also be
kept on file in the office of the Municipal Clerk.
(1)
Details in the background check that result in a negative determination
by the third-party independent agency are not afforded to the Municipality
and are only available to the applicant upon making a formal request
to the or third-party independent agency.
(2)
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 form persons under the age
of 18 years held at any Town-owned facilities. Such offenses shall
include, but not to be limited to:
(a)
In New Jersey, any crime or disorderly persons offense: involving
danger to the person, meaning those crimes and disorderly persons
offense 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;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes
except paragraph (4) of subsection a. of N.J.S. 2C:35-10.
(e)
Any fourth degree offense or higher.
(f)
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.
(g)
Anyone currently under investigation for a potential disqualifying
crime shall be ineligible until such investigation is complete and
the person is cleared of charges.
(3)
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.
(4)
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 that 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 programs ability to use municipal facilities and
shall be subject to the fines listed in this chapter.
E.
Frequency of background checks.
(1)
All nonsponsored youth programs that have individuals subject to
this chapter shall supply background checks for all 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 Municipal Clerk and Business Administrator.
(2)
All municipal sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Municipal Clerk
and Business Administrator for background checks prior to the individual
being able to participate at any function sponsored by the municipality
of Phillipsburg. Thereafter, every three years a new background check
shall be submitted required.
(3)
Individuals involved in municipal-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only evidence of submission to the third-party independent
agency for a background check is provided. Interim approvals shall
only be valid for the period of time that it takes to receive background
checks results. Such interim approval shall not be valid for a period
of time exceeding 30 days. Only one interim approval may be granted
per individual.
F.
Appeals.
(1)
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
(2)
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 State Bureau of Identifications
(SBI) or third-party independent agency.
(3)
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 fourth 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. 2C13:1; 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; endangering the welfare of a child pursuant to paragraph
(4) of subsection b. 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 3 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 Municipal
Clerk, Business Administrator or designee, and a Class A member of
the Recreation Advisory Committee. Any such appeal must be made within
thirty (10)[1] days of receipt of the notice of disqualification.
[1]
Editor's Note: As in original.
(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 offenses 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, if shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Municipal Clerk and Business Administrator.
G.
Privacy and confidentiality.
(1)
All criminal background checks supplied to the Municipal Clerk shall
be filed and maintained in a secure and locked cabinet or digital
file with a security to only the Clerk. This shall not be available
to the public. The Municipal Clerk shall take appropriate steps to
safeguard such records by paper or digital means. 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
as is necessary to serve their intended and authorized purpose, and
thereafter shall be destroyed.
(2)
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.
(3)
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.
H.
Penalties.
(1)
Failure to comply with this 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.
(2)
Any individual or organization 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 be subject to the following fines:
A.
The Town of Phillipsburg or its designated agents shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter. No person shall interfere with or fail to obey any
police officer or recreation personnel in the proper performance of
his or their duties.
B.
The Town of Phillipsburg or its designated agents shall have the
authority to eject from any park any person(s) acting in violation
of this chapter.
C.
The Town of Phillipsburg or its designated agents shall have the
authority to seize and confiscate any property, thing or device in
the park areas or used in violation of this chapter.
D.
This chapter shall also be enforced by the Phillipsburg Police Department
of the municipality.
