[Adopted 10-2-2023 by Ord. No. 2023-28]
A. 
Prior to any organized use of, or the organization of an event to be conducted at, the baseball/softball/soccer fields and/or multipurpose turf fields, regardless of the number of attendees, any individual or entity must obtain a permit for such use from the Borough of Metuchen. Except for the specific days and time frames wherein a permit for the exclusive use is issued by the Borough as provided for herein, the use of the baseball/softball/soccer fields and/or multipurpose turf fields shall be open to the general public. Individuals and/or entities having a permit for use shall have the exclusive use of the permitted portions of the baseball/softball/soccer fields and/or multipurpose turf fields during the allotted time of the permit issued. A separate permit shall be required for each location. Permits shall be issued for one-hour intervals for the following locations and fields:
(1) 
Myrtle Park, multipurpose artificial turf field.
(2) 
Charles Park, multipurpose artificial turf field.
(3) 
Hampton Park, grass soccer field.
(4) 
Hampton Park, grass baseball field.
(5) 
Oakland Park, grass baseball field.
(6) 
Oakland Park, grass softball field.
(7) 
Vidas Park, grass baseball field.
(8) 
Vidas Park, grass soccer/football field.
(9) 
Edgar Field, multipurpose turf field.
B. 
Except by use of the Borough of Metuchen, the fields shall be used solely for the purposes of sports/athletic practices and/or competition. Permits may be granted for any other types of uses, at the sole discretion of the Borough, based upon the proposed use of the proposed field.
C. 
Permits shall be issued for one-hour intervals. Permits shall not be issued for the use of the fields beyond 9:00 p.m. Accordingly, the last available permit to be issued on any day shall be for the 9:00 p.m. through 10:00 p.m. time interval except for Sundays wherein the use of lights is not permitted and the last time a permit will be issued for Sundays will coincide with daylight hours.
[Amended 1-29-2024 by Ord. No. 2024-05]
A. 
Application. The Borough Administrator, Borough Clerk, Recreation Director, Superintendent of Public Works, and Police Chief shall create and maintain an application for field usage which shall include but not be limited to the following:
(1) 
The name and address of the applicant. In the event that the applicant is an organization or association, the names and addresses of the officers and directors. In addition, all nonprofit organizations must submit proof of their 501(c) status with their application for a permit.
(2) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(3) 
The date and hours for which the permit is desired.
(4) 
The specific field or portion thereof for which such permit is desired.
(5) 
The proposed activity or program to be conducted on the field.
(6) 
Estimated size and the number of participants and attendees (for traffic and safety).
(7) 
Insurance certificate naming the Borough of Metuchen as additional insured as to the field usage for bodily injury and for property damage.
(8) 
Security deposit, if required, as set forth below.
(9) 
An agreement, in writing, whereby the applicant agrees to indemnify, defend and save harmless the Borough of Metuchen, its officers, employees, agents and volunteers from any and all liability, expense, claim or damages resulting from the use of the baseball/softball/soccer fields and/or multipurpose turf field.
(10) 
If the applicant is a sports or recreation program, acknowledgement that a preapproved waiver has been executed by each participant and/or his/her parent or guardian, expressly agreeing to indemnify and save the Borough of Metuchen, its officers, employees, agents and volunteers from any and all liability, expense, claim or damage resulting from the use of the baseball/softball fields and/or the multipurpose turf field and participation in the sports or recreation program.
(11) 
If any services are required by employees from the Borough of Metuchen, the cost of such employee(s) and/or service is to be borne by the applicant as a cost of the field usage. The hourly rates for outside duty will be provided upon request by the Borough Administrator and an appropriate escrow amount shall be posted and will be billed to the escrow posted by the applicant.
(12) 
Any other information which the Borough Administrator, Borough Clerk and/or the Recreation Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
Miscellaneous requirements.
(1) 
Applications can be obtained from and returned to the Recreation Director.
(2) 
Applications for a permit for an event can be submitted up to one year in advance of the event date. Date selection will not be transferred upon request after approval is provided. All applications for a permit for the use of a field shall be submitted no later than 30 days prior to the requested use.
(3) 
Rain dates will not be held in addition to the requested event date. Requests can be made for one rain date, in addition to the scheduled event date. The Recreation Director in consultation with the Borough Administrator will decide if a rain date can be approved on a case-by-case basis.
(4) 
Applicants shall not advertise or promote, either in printed, digital or electronic format on the internet and/or social media platforms, prior to obtaining a field use permit. Premature advertising and/or promotion may be sole grounds for denial of the permit.
(5) 
The within permits shall not apply to applications for the use of fields for purposes of a tournament, involving more than two teams. Permits for tournaments shall be made as a special event pursuant to Chapter 75 and the requirements of both this article and Chapter 75 shall be met.
C. 
Standards for issuance of a use permit by the Recreation Director in consultation with the Borough Administrator.
(1) 
Generally, permits shall be issued on a first-come-first-served basis. However, the Recreation Director, in consultation with the Borough Administrator, shall have discretion in order to promote the equitable usage of the baseball/softball, soccer and multipurpose turf fields by a wide variety of groups within the community.
(2) 
No applicant shall be denied a baseball/softball/soccer and/or multipurpose turf field permit on account of his or her sex, affectional or sexual orientation, race, color, religion, natural origin, age, disability, ancestry, or atypical hereditary cellular or blood trait.
(3) 
It is the goal of the Borough of Metuchen to encourage the usage of its recreational fields by Metuchen-based nonprofit groups when such uses do not interfere with the Borough-sponsored recreational programs. The Borough of Metuchen reserves the exclusive right to determine the eligibility of an organization or group and to assign prioritization to any application for the use of the baseball/softball/soccer fields and/or multipurpose turf fields. These organizations whose aim and intended use are consistent with the general policy of widespread community use shall be considered eligible and prioritized as follows:
(a) 
Any recreation program sponsored by the Borough of Metuchen Recreation.
(b) 
Any recreation program sponsored by the Borough of Metuchen Board of Education.
(c) 
Members of the Metuchen Youth Sports Coalition, as established and maintained by the Recreation Director.
(d) 
Community recreation programs, which shall be construed to mean an organization, the majority (80%) of whose membership is domiciled in Metuchen.
(e) 
Borough of Metuchen residents.
(f) 
Area recreation programs shall be construed to mean an organization whose members reside in neighboring towns and at least 25% are Metuchen residents.
(g) 
Out-of-area recreation programs shall be construed to mean an organization that has less than 25% of its members residing in Metuchen.
(h) 
Middlesex County residents.
(i) 
Nonresidents.
(j) 
Profit organizations and for-profit recreation programs.
D. 
Additional standards and consideration for the issuance of a use permit shall include the following findings:
(1) 
That the proposed activity or use of the field/park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(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 include violence, crime or disorderly conduct.
(4) 
That the proposed activity will not entail extraordinary or burdensome expense of police operation by the Borough of Metuchen.
(5) 
That the proposed activity will not result in a breach of this article, another ordinance, or law, or may be adverse to the public interest, to public health and/or safety, or the protection of persons and/or property.
(6) 
That the field desired has not been reserved for other use at the date and hour requested in the application.
(7) 
That the proposed activity or use of the field will not unreasonably interfere or conflict with a Borough event, or Borough-sponsored event, whether at the specific field or some other location within the Borough. Borough events and Borough-sponsored events shall have priority over all applications for use of the Metuchen fields.
E. 
Fees. Permits for use of Borough fields shall only be issued upon submission of an application and approval by the Recreation Director in consultation with the Borough Administrator. The fees for the use of the fields shall be nonrefundable and on an hourly basis and in the amounts as follows:
Metuchen Multipurpose Artificial Turf Fields
(Myrtle Park, Charles Park and Edgar Field)
Metuchen Multipurpose Artificial Turf Fields
(Myrtle Park, Charles Park and Edgar Field)
Metuchen Resident (80% of Resident Participants) and/or Metuchen-Based Nonprofit Organization (Located in Metuchen)
Metuchen-Based For-Profit Organization and Nonresident and/or Nonresident Nonprofit Organization
Nonresident For-Profit Organization
Weekday
$50 per hour
$75 per hour
$100 per hour
Weekend
$75 per hour
$100 per hour
$125 per hour
Use of lights*
$20 per hour
$20 per hour
$20 per hour
NOTES:
*
There are no lights located at Edgar Field.
Metuchen Baseball, Softball, Soccer/Football Grass Fields
(Hampton Park, Oakland Park and Vidas Park)
Metuchen Resident (80% of Resident Participants) and/or Metuchen-Based Nonprofit Organization (Located in Metuchen)
Metuchen-Based For-Profit Organization and Nonresident and/or Nonresident Nonprofit Organization
Nonresident For-Profit Organization
Weekday
$25 per hour
$50 per hour
$75 per hour
Weekend
$50 per hour
$75 per hour
$100 per hour
F. 
Security deposit. Permits shall only be issued for use of baseball/softball/soccer and/or multipurpose turf fields upon submission of a security deposit of $250. The security deposit is to guarantee that the baseball/softball/soccer and/or multipurpose turf fields and surrounding areas are properly cleaned after their usage and not damaged. The deposit shall be returned to the applicant after it has been determined that baseball/softball/soccer and multipurpose turf fields and the surrounding areas were properly cleaned by the applicant and/or attendees and left in an acceptable condition. In the event that the baseball/softball/soccer and/or multipurpose turf fields and/or surrounding areas are not properly cleaned after their usage or there is damage to the permitted premises, the applicant shall be charged the cost of the cleanup and/or damage to the field(s). Upon notice to the applicant, the Borough shall deduct that cost from the security deposit and return the balance to the permit holder. In the event there is not sufficient deposit to pay for the work or damage, the permit holder shall be responsible for payment of any excess amount and shall not be permitted to receive any additional permits until payment is made. The Borough may also pursue any legal remedies it may have in such a situation. If deemed appropriate, the Recreation Director may waive or reduce the security deposit requirement for established nonprofit and school organizations and other applicant that has demonstrated through past experience proper maintenance and cleanup of the fields after the usage.
G. 
The Recreation Director in consultation with the Borough Administrator may approve a permit with modifications or special conditions as the Recreation Director and/or the Borough Administrator deems necessary under the circumstances. Some examples of the conditions which the Borough Administrator may require at the applicant's sole cost and expense include but are not limited to the provision of on-site event security coverage or traffic control which must be provided by the Metuchen Police Department.
H. 
Notwithstanding any other section, the Borough shall refuse to issue a permit if the Finance Department notes that the applicant or any principal, director or officer of the applicant and/or the sponsored entity has an outstanding and unpaid debt to the Borough including a debt relating to a special event regardless of whether such debt was incurred through another organization or legal entity in relation to the use of a field and/or a special event.
Any person, group or organization which has received a permit ("users") shall be responsible for seeing that the following conditions are adhered to:
A. 
Users shall be solely responsible for cleaning up and maintaining the fields and surrounding areas during and upon the conclusion of an event, whether formal or informal. The Department of Public Works of the Borough of Metuchen shall not be responsible for the cleanup or maintenance of the field both during and after its use. Failure to maintain and/or clean up will result in the loss or deduction of the security deposit. Users are responsible to leave the fields clean and ready for the next user as they found it and are to inspect the field and remove anything left by their players or spectators, such as trash, mouth guards, athletic tape, or equipment. In the event that a user has left the field without cleaning up, a cleaning fee will be charged to that person, group or organization.
B. 
Any physical damage caused by the user or its participants or attendees will be the responsibility of the applicant for all such damages. No further usage of the Borough fields will be permitted until that charge is paid in full.
C. 
Users are responsible for the conduct and behavior of players and their spectators on the field or courts.
D. 
If a user finds a problem, defect or unclean conditions on the field or courts, they must notify the Borough Administrator immediately.
E. 
The Borough reserves the right, in its sole discretion, to close the baseball/softball/soccer fields and/or multipurpose turf field for any reason whatsoever, including but not limited to the weather and/or proposed weather conditions or resulting conditions, to protect the health, welfare and safety of the Borough residents, employees, agents, volunteers and visitors and to adequately protect and maintain the baseball/softball/soccer fields and/or multipurpose turf fields. In the event that the Borough determines to close the field, it shall provide notice to the permit holder of such closure and, in such an event, the permit issued by the Borough shall no longer be valid for the specific date and time of such closure.
F. 
Despite the aforementioned permit fees being nonrefundable, in the event that it rains or snows on the date for which the permit for the use of the field was issued and the field is closed by the Borough and the applicant is unable to utilize the field on said date, the applicant shall be credited the permit fee towards the subsequent application for a permit for the use of the field. However, a credit for the permit fee shall be nontransferable and shall expire within one year from the date on which the permit was issued.
G. 
Thunder/lightning.
(1) 
In the event of thunder/lightning, the presence of even distant thunder warrants leaving the field; the field should be clear for 30 minutes after the last bolt of lightning or clap of thunder.
(2) 
30/30 lightning rule. At a count of 30 seconds between seeing a strike and hearing thunder or signs of an approaching storm, users are to leave the field. Normal activity should not be resumed until 30 minutes after the last thunderclap is heard.
H. 
Any training equipment, such as portable lights, blocking sleds, lacrosse nets, soccer goals, soccer free-kick mannequin walls, etc., must be preapproved by the Recreation Director.
I. 
Marking, painting or taping the field or courts is strictly prohibited.
J. 
Rockets or fireworks are prohibited on the fields.
K. 
Any and all glass containers are prohibited on the fields.
L. 
The use of alcohol, any tobacco and/or cannabis products is prohibited throughout Metuchen parks.
M. 
Users shall comply with all laws, regulations and Borough ordinances including but not limited to those set forth in Chapter 124 of the Code of the Borough of Metuchen. Authorized users are responsible for notifying their participants and guests of these policies. Failure to do so may forfeit their permission to use the field.
N. 
It is strictly understood that the Borough of Metuchen and its agents, owners, members, employees, volunteers, etc., are not liable, and may not be held responsible, for any loss before, during or after the applicant's use of the facilities. In addition, these groups are not responsible for any theft or loss at any time.
O. 
The Borough of Metuchen and its agents, employees and officers shall not be held liable for failure to perform or fulfill its contractual obligation for any reason within or beyond their control and shall not be held liable for damages, loss or injury for any reason within or beyond their control.
P. 
The permit shall not be transferred or assigned. The permit holder or designated representative must be present whenever the field is in use during the time of its permit. The permit holder must be in possession of the permit and the permit must be posted in public view.
Q. 
No alcoholic beverages and/or smoking is permitted at any time by anyone during the use of the fields, including the team players and spectators. The permit holder shall be responsible for enforcing this condition.
R. 
The permit holder shall be responsible for any and all illegal acts by spectators and team members, including the opposing team.
S. 
The permit holder shall be responsible for ensuring that team members and spectators adhere to no-parking regulations at and near the field in use.
T. 
All payments to the Borough are required within 48 hours after notification of approved usage. In no event shall a permit be issued prior to the Borough's receipt of payment.
U. 
No refunds will be issued for unused time.
V. 
The Borough Administrator, Recreation Director and/or Chief of Police may impose any such conditions reasonably calculated to reduce or minimize dangers and hazards to vehicle or pedestrian traffic and the public health, safety, and welfare, including but not limited to the required presence of off-duty Metuchen police officers being required during said scheduled event, the cost of which shall be borne by the applicant pursuant to the costs established by Borough ordinance. In addition, the applicant may request the presence of an off-duty Metuchen police officer(s) during such a scheduled event, the costs of which shall be borne by the applicant pursuant to the costs established by Borough ordinance.
W. 
Revocation. The Borough Administrator, Recreation Director and/or the Chief of Police or their designee shall have the authority to revoke a permit if there is reasonable grounds to believe that the holding or continuation of the use of the field:
(1) 
Poses a danger to the health and safety of any person;
(2) 
Poses a danger to property;
(3) 
Is not in the public interest; or
(4) 
Is in contravention of this article, rule or policy of the Borough or for the failure to comply with a condition of the permit.
X. 
To the extent permissible, in the case of a revocation prior to the date and time of the proposed event, the Borough official shall immediately inform the permit holder or the permit representatives of the revocation and the reasons for it by means of contacting the permit holder at the address or at the telephone number provided in the permit application. Nothing herein shall limit the Borough's right to revoke a permit during the course of the event if determined by the Borough official that the above criteria apply. In such a case, the Borough official shall immediately advise the designated supervisor of the event of the revocation and the event shall be immediately terminated and the organization, entity, and/or the sponsored entity shall forfeit its deposit.
Y. 
Repairs for damages, maintenance and/or cleanup shall be calculated at a minimum of $65 per man-hour plus the cost of materials. Additional costs may be deemed necessary by the Borough based upon the nature of repairs and/or replacements. Failure to pay within 30 days will require forfeit of the deposit. In the event that the security deposit is insufficient to cover the costs to the Borough and the permittee and/or the sponsored entity fails to make a timely payment therefor, an action by Borough to recover the fees will be instituted and the permittee and/or the sponsored entity will be responsible for all collection costs, including attorneys' fees, and disqualification from consideration for issuance of future permits.
A. 
The Borough Administrator, Police Chief, Fire Chief or their designee, the Recreation Director, and/or the Superintendent of Public Works or their designee and all members of the Metuchen Police Department shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
B. 
The Borough Administrator, Police Chief, Fire Chief or their designee, the Recreation Director and/or the Superintendent of Public Works or their designee and all members of the Metuchen Police Department shall have the authority to eject from the Borough fields any person or persons acting in violation of this article.
C. 
The Borough Administrator, Police Chief, Fire Chief or their designee, the Recreation Director and/or the Superintendent of Public Works or their designee and all members of the Metuchen Police Department shall have the authority to seize and confiscate any property, thing or device on the Borough field used in violation of this article.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine and be subject to penalties as provided in Chapter 1, General Provisions, Article 1, as well as restitution payable to the Borough of Metuchen for any monies expended by the Borough to rectify damages caused by acts of the accused.
A. 
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this article.
B. 
All ordinances or parts of ordinances of the Borough of Metuchen in conflict with or inconsistent with the provisions of this article, including but not limited to those set forth in § 87-20, are hereby repealed and amended to the extent of such inconsistency.
This article shall be in full force and effect from and after its adoption and any publication as may be required by law.