[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.
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:
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.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
