Township of Hillside, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Article I adopted by the Township Committee (now Township Council) of the Township of Hillside as indicated in article histories. Subsequent articles adopted by the Township Council of the Township of Hillside as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Community Recreation Council and Senior Citizen Advisory Council — See Ch. 20.
Air pollution — See Ch. 103.
Alcoholic beverages — See Ch. 108.
Animals — See Ch. 113.
Firearms — See Ch. 155.
Games of chance — See Ch. 164.
Golf courses — See Ch. 167.
Graffiti — See Ch. 171.
Loitering — See Ch. 210.
Noise — See Ch. 217.
Parental responsibility — See Ch. 223.
Peddling and soliciting — See Ch. 232.
Swimming pools — See Ch. 269.
Trees and shrubs — See Ch. 283.
Animals (Board of Health) — See Ch. 310.
[Adopted 8-6-1974 by Ord. No. G-47-74 (Ch. VI, Sec. 6-17, of the 1971 Code); amended in its entirety 2-25-2003. The preamble to this article provided that the recreation facilities are now to be open to public use and cannot be restricted to residents only.]
There shall be no mutilation or destruction of any Township-owned property located at any recreational facility.
Authority is hereby given to the Director of Recreation, subject to the approval of the Advisory Council, to promulgate rules and regulations for the operation of the Township recreation facilities, including the designation of hours during which the individual recreation facility shall be available for use.
Gambling of any kind shall be prohibited in any recreational facility.
There shall be no rough or dangerous behavior or disorderly conduct of any kind which may endanger the safety, health or morals of persons using any of the recreational facilities of said Township.
All refuse shall be deposited in containers provided for that purpose.
[Amended 12-19-2006; 6-10-2008 by Ord. No. O-08-015[1]]
A. 
Authority is hereby given to the Director of Recreation, subject to the guidelines set by the Recreation Advisory Council as approved by the Township Council and subject to the requirements set forth in § 228-6.1, William H. Buie Community Center, to issue both individual and organizational permits for the use of the recreational facilities of the Township, which said permits among other provisions shall designate the type of use, the location and the date and the times within which the permit shall be in force.
B. 
Authority is hereby given to the Director of Recreation, subject to the guidelines set by the Recreation Advisory Council as approved by the Township Council, to adopt a schedule of refundable monetary security deposits. Said security deposits are to be required in conjunction with the issuance of permits for the use of Township recreational facilities for non-Township-sponsored events. Such schedule shall not be instituted prior to formal approval by the Township of Hillside Township Council by way of a duly adopted resolution. The schedule referred to herein may be reviewed and adjusted from time to time by the Director of Recreation, in cooperation with the Recreation Advisory Council, provided that any revised schedule shall not be instituted until approved by the Township of Hillside Township Council by way of a duly adopted resolution.
[1]
Editor's Note: This ordinance was vetoed by the Mayor 6-19-2008; the veto was overridden by the Township Council 6-24-2008 by Res. No. R-08-160.
[Added 6-10-2008 by Ord. No. O-08-015[1]; amended 8-12-2014 by Ord. No. O-14-09]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AFFILIATED COMMUNITY ORGANIZATIONS
Nonprofit organizations which have been recognized by the Township, as approved by the Director, Mayor and Township Council, which serve the public interest of the Township of Hillside Community or a segment of that community, and which have adequately demonstrated their nonprofit status, insurance, public interest mission, programs, organizational history, organizational structure and hierarchy, and bylaws. The Director in conjunction with the Recreation Advisory Council shall within 30 days of the adoption of this section provide to the Mayor and Township Council, for their approval and adoption, a proposed application for affiliated community organization status, which shall incorporate all necessary requirements for obtaining such status.
APPLICANT
An individual filing an application, as herein defined, on behalf of him/her self or a group, seeking to reserve the use of the Community Center for a specific time and date.
APPLICATION
A form approved and adopted by the Township Council to be utilized by groups and individuals requesting permission to use the Community Center for non-Township programs, which form shall be completed and submitted to the Township as set forth herein.
COMMUNITY CENTER
The building known as the William H. Buie Community Center, including the parking area surrounding the building and all equipment and facilities contained within the building.
DIRECTOR
The Director of the Township of Hillside Department of Recreation responsible for, among other things, the day to day operations of the Community Center.
LEGAL HOLIDAYS
Days, other than weekends, in which the Township of Hillside government offices are scheduled to be closed.
TOWNSHIP PROGRAMS
Programs, events and activities created, funded and carried out by the Township of Hillside and Township employees, regardless of whether or not the Township charges a participant fee for the program.
TOWNSHIP-SPONSORED PROGRAMS
Programs, events and activities sponsored by way of full or partial funding by the Township, but neither created nor carried out by the Township of Hillside. This definition shall also include the regularly scheduled meetings, programs and activities of those organizations who have been designated "affiliated community organizations" of the Township as approved by the Director, Mayor and Township Council, in accordance with the procedures to be adopted as set forth herein. This definition shall not include special events, promotions and activities of affiliated community organizations which are not a part of the regularly scheduled operations of such organizations.
USER
An individual or group permitted to use the Community Center pursuant to an approved application.
B. 
Use of facility.
(1) 
It is the intent of the Township that space be made available at the Community Center for individuals, groups and formal organizations to share their talent, skill and expertise for the benefit of all members of the community. Activities involving diverse pursuits and dimensions are encouraged to be pursued at the Community Center for educational, cultural, informational, athletic, recreational and social purposes. The Community Center may not be used for religious services, vendors or flea markets.
(2) 
The Community Center is primarily reserved and restricted for use by regularly scheduled Township programs and Township-sponsored programs. However, in accordance with this section, the Community Center will be made available for use by other groups and members of the Hillside Community as set forth herein. When the Community Center facilities are not in use by participants in Township programs, they may be reserved by Hillside-based block associations, athletic, religious, social, educational, hobby, civic, cultural, community service and similar such groups. Personal use of the facility is prohibited unless such use is organized by Hillside residents and prior approval is received from the Director, Mayor and Township Council, but such use shall not be unlawfully or unreasonably denied.
(3) 
Except for uses organized by non-Hillside residents or groups, which uses are prohibited, a special usage request may be made should an event not fall under the use description set forth herein. The Township's previous experience with a group or individual in using the facility will be a factor considered in the granting or denial of any subsequent application submitted by such individual or group. The Township reserves the right to deny an application for the use of the Community Center should the event or group be deemed inappropriate and contrary to the permitted uses contemplated by this section.
C. 
Hours of operation.
[Amended 10-21-2014 by Ord. No. O-14-15]
(1) 
The Community Center shall be open as follows:
(a) 
Monday through Friday: 9:00 a.m. through 9:30 p.m.
(b) 
Saturday: 10:00 a.m. through 3:00 p.m. 10:00 a.m. through 8:00 p.m. for facility rentals.
(c) 
Sunday: closed.
(d) 
Legal holidays: closed, unless specific authorization granted in accordance with this section.
(2) 
The Community Center may remain open one hour beyond the scheduled event ending time for Recreation Department staff meetings and facility cleanup only, if deemed necessary by Recreation Department supervisory staff.
D. 
Use and use applications.
(1) 
The Community Center, to the extent that it is available for non-Township programs, may be reserved by way of submitting a formal application in accordance with the terms of this section up to six months in advance. Application must be made by all groups and individuals, including Township-sponsored programs, and must state with specificity the full nature and scope of the activities for which the Community Center is to be used as well as those specific areas of the Community Center to be used. All applications must be submitted at least 60 days in advance of the requested date of use. Applications must be obtained from, completed in full and submitted to the Department of Recreation, which application shall be forwarded to and approved by the Director, Mayor and Township Council before such use shall be considered granted. Complete applications will be processed and scheduling of the Community Center facility will be on a first-come-first-served basis. When applications are submitted simultaneously, priority will be given to Township-sponsored programs, but all successful applicants will be given an option to select a reasonable alternate date for the holding of their event. No applications for use shall be unlawfully or unreasonably denied by the Township. In the event an application is denied by the Director, the Mayor, or the Township Council, the official or body denying the application shall maintain on file a written explanation of the cause for the denial which written explanation shall be provided to the applicant promptly after the denial has been issued.
(2) 
Township-sponsored programs may request and, if approved as set forth above, utilize the Community Center without fee for regularly scheduled programs and activities, provided that the use is limited to those uses specifically set forth within the application and approved by the Director, Mayor and Township Council. Upon adoption of this section, or an amendment thereto which requires a change in the form of application, the Director in conjunction with the Recreation Advisory Council shall prepare a formal application, or amended application as applicable, conforming to the terms of this section for review and approval by the Mayor and Council.
(3) 
No individual participating in an approved event, program or activity may enter, or remain within, the Community Center, respectively, for more than 1/2 hour before and 1/2 hour after the event, program or activity in which the individual is participating. Every individual, except for working Township employees, entering the Community Center must be a participant in a scheduled event, program or activity and must remain within the area specified for use in the approved application for such event, program or activity.
(4) 
The designated leader of any group utilizing the Community Center, or his/her written designee, shall possess a copy of the approved application at all times when utilizing the facility for the purposes set forth in said application.
E. 
Fees and deposits.
(1) 
The Community Center may be reserved for use in intervals other than those specified below; however, all fees are calculated on the basis of the maximum of five hours' use, consisting of a four-hour event and one-hour cleanup period, which payment is due upon submitting a completed application.
(a) 
Residents of Hillside Township: $200.
(b) 
Organizations who demonstrate that they are based within Hillside Township: $300.
(2) 
All fees, as set forth immediately above, will be deposited in the trust account, previously established by the Township for this purpose, to offset the expenses incurred by the Township for the specific use and dedication of the Community Center.
(3) 
In addition, upon approval of an application for use of the Community Center, each applicant shall submit a cleaning deposit by check made payable to the "Township of Hillside" in the amount of $100. The deposit shall be returned to the applicant after the event only if the applicant returns the Community Center to the same condition it was in prior to the beginning of the applicant's event.
F. 
Standards of conduct. Smoking, gambling (except as set forth explicitly herein), loitering, consumption of alcohol and the use or sale of illegal drugs is prohibited. The Township of Hillside reserves the right to dismiss from the Community Center any individual and/or group that does not maintain the standards of conduct set forth within this chapter or as set forth elsewhere within the Township Code relative to behavior the use of Township property and/or facilities.
G. 
Games of chance. Games of chance, including raffles, may be held only when done so in strict compliance with United States and New Jersey Laws and Township Ordinances, including but not limited to the Bingo Licensing Law (N.J.S.A. 5:8-24, et seq.) and the Raffle Licensing Law (N.J.S.A. 5:8-50 et seq.), provided that they are specifically set forth in the application and all required licenses and approvals have been secured and presented with the application.
H. 
Ticket sales. Tickets/entrance fees may be sold/collected at the Community Center only on the date and at the time of the event, the purpose of which shall be limited to offsetting or defraying the costs associated with the group hosting the activity, event or program taking place at that time.
I. 
Music and noise. All musical and other excessive noise producing activity must strictly conform to the Township's Noise Ordinance (Chapter 217 of the Township Code).
J. 
Kitchen facilities, food preparation, distribution and consumption. The use of the kitchen and its equipment and facilities shall require prior approval of the Recreation Department Director. At all times during which an applicant uses the Community Center to store, distribute or consume food from or on the premises, the user is required to abide by all health standards promulgated by the Hillside Board of Health and under New Jersey law, including obtaining a permit, license, event monitoring and/or inspection when necessary. All costs associated with compliance with such health standards shall be borne by the applicant. The applicable standards will be available to the applicant in the Department of Health and the Department of Recreation.
(1) 
No food preparation is permitted within the Community Center, other than by Township staff engaged in Township programs.
(2) 
Upon notice provided to the Director by the applicant, and subject to the facility needs of the Township, nonperishable foods and products may be stored up to 48 hours prior to an approved event. The Township will not be responsible for any such items stored prior to an event.
(3) 
The serving of foods, other than food prepared in private homes, the serving of which is prohibited, shall be subject to the approval and regulations of the Hillside Health Department.
(4) 
Upon notice provided at the time of application by the applicant, propane cookers may be used but only outside the facility.
(5) 
All food must be removed from the premises immediately after the close of the event.
(6) 
Applicants are responsible for providing their own utensils and serving supplies, all of which must be promptly removed at the end of the event.
K. 
Responsibility for damage. The individual designated as responsible for the group and the group as a whole shall be responsible for all damage to the building, property, and/or equipment caused by the group. The group will be notified within 36 hours of the damage and provided an itemized list of damages and estimated cost of repairs. Payment will be required in 30 days. Failure to make payment may result in suspension of further use of the Community Center. Multiple or consecutive damage to the Township facilities by a group or individual may result in barring that group or individual's future Community Center participation, and may result in legal action by the Township against the offending party.
L. 
Certificate of insurance. All individuals and groups submitting an application to use the Community Center for non-Township programs shall provide a certificate of insurance (personal liability) in the amount of $1,000,000 naming the Township of Hillside as an additional insured prior to being granted permission to use the Community Center. Requests for use of the facilities that are not accompanied by such a certificate are subject to denial. The Township reserves the right to request vendors associated with groups using the facilities and/or equipment to provide a separate certificate of insurance to the Township Clerk.
M. 
Loss of personal property. Hillside Township, Recreation Department, and affiliated departments assume no responsibility for the personal property of individuals or groups utilizing the facilities and/or property at any time.
N. 
Hold harmless. The renter will agree to hold harmless the Township of Hillside and its affiliates for any injury, incident, and liability that occurs during the rental period or otherwise arises out of an applicant's rental of the premises, and further agrees to indemnify the Township of Hillside for any and all claims against the Township arising out of the applicant's rental of the premises.
O. 
Supervision.
[Amended 10-21-2014 by Ord. No. O-14-15]
(1) 
All groups will be required to designate an individual 21 years of age or older who will be responsible for the conduct of the group. This designated group leader must meet with the Recreation Department Director prior to the anticipated use to review policy, rules, and regulations and be oriented regarding the facility and/or equipment to be used. The Community Center will require a minimum ratio of adult supervisors (21 years of age or older) in accordance with New Jersey Law.
(a) 
One adult to eight children, age two years to five years; no more than 16 per group.
(b) 
One adult to 12 children, age six years to nine years; no more than 24 per group.
(c) 
One adult to 15 children, age 10 years to 14 years; no more than 24 per group.
(d) 
One adult to 20 children, age 15 years to 18 years; no more than 24 per group.
(2) 
This ratio may be achieved by the use of additional qualified volunteers of the group and/or Recreation staff. The Township and the Director reserves the right to assign the appropriate number of staff necessary to supervise any function with the cost assessed to the group.
(3) 
Youth events. Youth-oriented (under age 18) events are permitted, except for dances, which are prohibited. All such events shall be supervised by a minimum of one adult for every 15 youth participants. Names and addresses of said chaperones must be submitted to the Recreation Department Director at least 72 hours prior to the event.
P. 
Security. The Township and the Director reserves the right to require police supervision to be paid for by the organization using the facilities. The Recreation Department Director shall determine the need for such supervision, at the time of application approval.
Q. 
Equipment. The Community Center has a podium and microphones that are available for groups and activities. Prior arrangements must be made with the Director 24 hours in advance of requested use.
R. 
Decorations. Decorations for any event may use only Sticky Tack or non-marring tape. No nails or staples may be used to adhere decorations or signs to the walls. The room must be left in the condition in which it was found, with decorations and signs removed by the group. Decorative lights and votive candles may be used upon approval from Hillside Department of Public Works and Hillside Fire Departments.
S. 
Additional prohibited activity. The sale of goods or services and the solicitation or acceptance of donations is prohibited at the Community Center. Except for official election activity conducted by the Township in accordance with state and federal law, including training of Election Day workers, the Community Center shall not be used for any political purposes, including but not limited to fundraising, campaign information dissemination, electioneering, petition signing or related political conduct.
T. 
Posting of notices. Posting of signs or notices must be approved by the Recreation Department Director prior to posting for any community event or activity within the Township of Hillside.
U. 
Administration. The administration of this policy shall be under the direction of the Hillside Recreation Director.
V. 
Enforcement, violations and penalties.
(1) 
In addition to other applicable laws and ordinances, any person, organization or entity violating this section or the rules and regulations promulgated thereby, or the terms of the use permit granted, upon conviction, shall be punished by a fine not less than $50 nor exceeding $500 per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(2) 
Additionally, any person, organization or entity violating this section may be prohibited from using the Community Center or from securing a permit for such use in the future. This section shall be enforced by the Township of Hillside Police Department in conjunction with the Recreation Department.
[1]
Editor's Note: This ordinance was vetoed by the Mayor 6-19-2008; the veto was overridden by the Township Council 6-24-2008 by Res. No. R-08-160.
[Amended 12-19-2006]
Any person violating any provision of this article or of any permit issued pursuant thereto or disturbing or interfering with any person or group occupying any area or participating in any activity pursuant to a permit shall be subject to a fine not exceeding $1,000, imprisonment for not more than 90 days, and/or a period of community service not exceeding 90 days, in the discretion of the Judge of the Municipal Court. Any such person so violating any of the provisions of this article may be summarily evicted from any recreational facility in the Township of Hillside in the County of Union.
[Amended 12-19-2006]
Except as provided for in the subsections immediately below, from November 1 through March 31, all public parks of the Township of Hillside shall open at 6:00 a.m. and shall close at 9:00 p.m. and, from May 1 through October 21, all such parks shall open at 6:00 a.m. and close at 10:00 p.m.
A. 
Sanford Park, located on Hillside Avenue adjacent to the Community Center, shall at all times close at 9:30 p.m.
B. 
The Maple Avenue Playground shall only be open from April 1 through October 31, from 9:00 a.m. until dusk.
[Amended 10-5-2004; 12-19-2006; 8-12-2014 by Ord. No. O-14-09]
A. 
Except as set forth in Subsection B below, a fee of $35 per participant shall be charged for the following activities:
Fall Season
Winter Season
Soccer
Cheerleading
Junior and senior basketball league
Biddy basketball league
Girls basketball
7th and 8th grade basketball all-star league
Indoor soccer clinic
Spring Season
Summer Season
Soccer
Soccer camp
Flag football clinic
Girls' basketball camp
Drill team/drum line
Boys' basketball camp
Mentoring program
Arts and crafts workshop camp
Summer enrichment reading program
Dance workshop camp
Cheerleading camp
Tennis camp
B. 
The fees for arts and crafts workshop camp, flag football clinic, and indoor soccer clinic shall be $15 per participant.
C. 
The fees referred to herein may be reviewed and adjusted from time to time by the Director of Recreation, in cooperation with the Recreation Advisory Council, provided that any new or revised fees shall not be instituted until formally approved by the Township of Hillside Township Council by way of a duly adopted resolution.
D. 
The fees for children of volunteer head coaches and volunteer assistant coaches with the recreation-sponsored programs will be waived.
E. 
All Township-sponsored activities are specifically designated for Township residents only, and authority is hereby given to the Director of Recreation, in cooperation with the Recreation Advisory Council, to declare and publish that any recreational activities hereby sponsored by the Township shall be for Township residents only.
[Adopted 8-31-2004[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Criminal History Background Checks, adopted 1-6-2004.
As used in this article, the following terms shall have the meanings indicated:
VOLUNTEER
A person who has direct, nonsupervised and ongoing interaction in the course of his/her service with minors. This includes, but is not limited to, a coach, assistant coach and manager of a team.
YOUTH-SERVING ORGANIZATION
Any corporation, association or other organization which provides recreational, cultural, charitable and social activities for persons younger than 18 years of age.
Any youth-serving organization, as a condition of utilizing Township facilities, must have an officer of the organization annually certify by affidavit, subject to the penalty of perjury, that:
A. 
Each employee and volunteer has submitted to a state and federal criminal history background check including fingerprinting which has been processed by the State Police in accordance with the statutes and regulations;
B. 
That each employee and volunteer has been approved to work with youth by the State Police; and
C. 
That the criminal history background check of each employee and volunteer has been completed within three years of the date of the affidavit.
A. 
Any Township employee or a volunteer who interacts with minors of age directly, in a direct, supervised or nonsupervised and on-going basis shall prior to commencement of work or volunteer service, submit to a state and federal criminal history background check including fingerprinting conducted by the Hillside Police in accordance with statute and regulations.
B. 
Each such employee or volunteer must be approved by the Recreation Investigation Committee to work with youth.
C. 
The Township Recreation Investigative Committee, in conjunction with the Chief of Police, shall establish guidelines to implement this policy.
D. 
The Township will bear all costs associated with obtaining the state and federal criminal history background checks of Township employees and volunteers.
The Township shall not permit any exemptions to this policy.
In the event the State Police will not perform the criminal history background check for the Township on the behalf of a youth organization application for state and federal criminal history background checks, the youth group shall pay all fees associated with the criminal history background checks.
Any violation of this article by a youth-serving organization is considered a serious threat to the health and life of the youth of the Township. As a result, upon violation, the Township may suspend or terminate use of Township facilities, and the youth service organization and the officer who executed the affidavit shall be subject to fines and other penalties. In determining the remedy, such factors as whether the breach was intentional, the severity of the noncompliance, and the good-faith steps taken to cure the violation should be considered.