[Amended 9-18-2024 by Ord. No. 56-2024]
The municipal swimming facilities shall consist of that portion of the James W. Roe Memorial Pool and Captain Michael Kilroy Memorial Park owned by the Township, where swimming facilities and contiguous beach or pool and picnic areas are maintained by the Township, together with appurtenances thereto and equipment thereof and the James W. Roe Memorial Pool, and the Wayne Recreation Center.
[Ord. No. 53-2014]
Use of the municipal swimming facilities shall be subject to the rules and regulations as promulgated and posted by the Township of Wayne.
A. 
The rules and regulations so promulgated shall be enforced by the Director of the Department of Parks and Recreation or his/her duly authorized designee. Membership privileges of any member may be suspended or revoked for good cause shown, which cause shall include conduct prejudicial to the interest of the swim facility or conduct constituting a violation of the rules and regulations promulgated by the Director of the Department of Parks and Recreation which are posted at each swimming facility.
B. 
A verbal warning shall be given to a member for the member's first violation of the posted rules and regulations. The membership of any member shall be suspended for 2 days for a second violation of the rules and regulations. A third violation shall result in the revocation of the membership of the individual, family or family member, as appropriate.
C. 
A member who makes or causes to be made a threat to a staff member of a swim facility or who uses offensive language or who acts in such a manner likely to cause disruption or alarm shall be immediately removed from the facility and receive a one-week suspension. A second violation will result in the revocation of the membership.
D. 
Any member who subjects a staff member of a swim facility to striking, kicking, shoving or other offensive touching or who threatens to do so shall be immediately removed from the facility, and the membership shall be revoked. Police shall be advised of the incident.
[Ord. No. 53-2014]
E. 
An appeal of the suspension or revocation may be made to a Committee made up of the Director of Human Resources, Director of Health or designee and Township Attorney or his/her designee. A date shall be set not fewer than 3 days following the service of the notice of the suspension or revocation upon the member. At the hearing, the member charged shall be given a full opportunity to be heard and present such matters as shall go to the defense or mitigation of the charge. At the conclusion of the hearing, the Committee shall either uphold the suspension or revocation of the membership or reverse the decision and reinstate the membership.
The swimming facilities shall be open on such days and during such hours as shall be determined by the head of the Department of Parks and Recreation. No person or persons shall enter upon or use the swimming facilities except upon such days and within such hours so designated.
A lifeguard shall be on duty and in charge of the swimming areas at all times. All swimming shall be prohibited when said lifeguard is not present or is off duty.
A. 
Use of the swimming facilities at Captain Michael Kilroy Memorial Park and the James W. Roe Memorial Pool shall be limited to residents of Wayne Township, their guests, and members of their immediate families, as such term is defined by applicable state law, subject to the payment of the fees as hereinafter provided. A "resident of the Township of Wayne" is hereby defined to be a natural person having their bona fide domicile within the Township of Wayne. Exceptions will be made for unmarried children who are full-time bona fide students enrolled in a graduate program who are 25 years of age or younger.
B. 
Use of the swimming facilities at Captain Michael Kilroy Memorial Park, and the James W. Roe Memorial Pool shall be open to the child-care provider of the child/children of Township residents, upon the following conditions:
(1) 
An admission badge shall be issued to an additional person designated as the child-care provider upon payment of a family membership;
(2) 
The child-care provider shall only enter the swimming facilities when accompanying the child/children who are listed on the family membership;
(3) 
The child-care provider shall not be eligible to bring guests or to use guest passes;
(4) 
The fee for the admission badge for a child-care provider shall be as set forth in Chapter 75, Fees.
[Ord. No. 1-2015; 12-4-2019 by Ord. No. 45-2019; 9-18-2024 by Ord. No. 56-2024]
A. 
James W. Roe Memorial Pool.
(1) 
Use of the swimming facilities at the James W. Roe Memorial Pool is limited to those qualified persons who have become members of said facilities. The charges for membership are established as provided in Chapter 75, Fees. All children one year of age by May 1 must have a badge.
(2) 
Active members of the Township's 5 volunteer fire companies and active members of the Wayne Township First Aid Squad with a minimum of one year of service and members of their families including all unmarried children 23 years of age or younger who reside in their household shall be exempt from the payment of a fee for the use of the swimming facilities at the James W. Roe Memorial Pool.
[Ord. No. 53-2014]
(3) 
Senior citizens (persons who have attained retirement age as determined in Section 216(a) of the Federal Social Security Act or who are under a disability as defined in that Act) shall pay an amount as provided in Chapter 75, Fees, per year.
(4) 
The charge for an admission badge for a child-care provider is established as provided in Chapter 75, Fees.
B. 
Captain Michael Kilroy Memorial Park.
[Amended 12-4-2019 by Ord. No. 45-2019]
(1) 
Fees and charges for the use of Captain Michael Kilroy Memorial Park swimming facility and meeting room shall be as set forth in Chapter 75, Fees, of this Code.
(a) 
Active members of the Township's five volunteer fire companies and active members of the Wayne Township First Aid Squad with a minimum of one year of service and members of their families including all unmarried children 23 years of age or younger who reside in their household shall be exempt from the payment of a fee for the use of the swimming facilities at Captain Michael Kilroy Memorial Park.
(b) 
Senior citizens [persons who have attained retirement age as determined in Section 216(a) of the Federal Social Security Act or who are under a disability as defined in that Act] shall pay an amount as provided in Chapter 75, Fees, per year.
(c) 
Active full-time employees of the Township of Wayne with a minimum of one year of service and members of their families who reside in their household shall pay 1/2 of the fee for the use of the swimming facilities at Captain Kilroy Memorial Park.
(d) 
The charge for an admission badge for a child-care provider is established as provided in Chapter 75, Fees.
(e) 
Any Class C applicant as defined in § 129-5B(2) using the facility and/or meeting room that includes food and/or beverages being served will be assessed a cleaning fee as provided in Chapter 75, Fees.
(2) 
The use of the swimming facility and meeting space shall be available to groups, individuals, and organizations in accordance with the following order of priority:
(a) 
Class A: Groups meeting under the sole jurisdiction of the Township of Wayne including official business meetings of Township municipal agencies, boards, committees, and the Board of Education.
(b) 
Class B: Local branches of nonprofit organizations and places of worship located within the Township of Wayne.
(c) 
Class C: All other nonprofit organizations, groups, individuals and for-profit organizations.
C. 
Wayne Recreation Center.
[Added 9-18-2024 by Ord. No. 56-2024]
(1) 
Fees and charges for the use of Wayne Recreation Center shall be as set forth in Chapter 75, Fees, of this Code.
The head of the Department of Parks and Recreation or his/her duly authorized representative may close the swimming facilities in inclement weather or whenever in the judgment of the person in charge thereof such action is deemed necessary or desirable for the protection of health and property.
[Amended 12-4-2019 by Ord. No. 45-2019]
Wayne Township swimming facilities and meeting room at Captain Michael Kilroy Memorial Park may be made available under the following conditions:
A. 
Applications for the use of Wayne Township swimming facilities and meeting room must be made to the Department of Parks and Recreation. The Director of the Department of Parks and Recreation or designee shall grant the permit if he/she deems that the use of the premises for the designated time and purpose will not interfere with or jeopardize the Township's recreational program or facility. In any case where the Director or designee denies said application for the use of the premises, he/she shall state his/her reasons in writing for said denial within three days of the denial. An applicant may appeal the refusal of the Director or designee to issue a permit to the Business Administrator.
B. 
The applicant must indicate to the Department of Parks and Recreation whether liquor will be served or consumed on the premises. If a one-day liquor license is required, a separate application must be filed with the Township Clerk's office. If food is to be served, the applicant must obtain a temporary permit from the Wayne Township Health Department approving the conditions under which the food is to be dispensed. In issuing temporary permits the Wayne Township Health Department shall be guided by the standards set forth in the New Jersey Sanitation Code (N.J.A.C. 8:24-1 et seq.).
C. 
(Reserved)
D. 
The Director of the Department of Parks and Recreation may require an applicant to hire one or more police officers at said applicant's expense and as a condition of issuing said permit.
E. 
The Director of the Department of Parks and Recreation may grant the permit to include the active use of the Township swimming area only if qualified Township lifeguards are available and are employed at the applicant's expense. The Director of the Department of Parks and Recreation or designee shall designate the number of lifeguards needed.
F. 
The Director of the Department of Parks and Recreation or designee will not issue permits for active use of the swimming area of any Township facility if alcoholic beverages are to be dispensed or consumed on the premises. If such beverages are to be dispensed or consumed, he/she may issue a permit to use the park portion of the facility which includes the swimming area, with the condition that no swimming be allowed at any time.
G. 
The Director of the Department of Parks and Recreation or designee may set special conditions for use of Township property in order to protect the facility.
H. 
Any special conditions which are formulated by said Director or designee will become conditions of the permit.
I. 
As a condition of the permit, the applicant shall enter into a hold-harmless agreement, which agreement shall provide that the applicant shall agree to save and hold the Township of Wayne harmless of and from any and all obligations and liabilities which may arise in the form of any and all claims or lawsuits in connection with the use and maintenance of the facilities which represent the subject matter of the application. The applicant further shall agree, as part of those provisions to save and hold harmless the Township of Wayne, to defend at his/her own cost and expense any such claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise accrue against the Township of Wayne.
J. 
As a condition of the permit, the applicant must submit with the application a certificate of insurance in the amount of $1,000,000 per each occurrence, with endorsements attached, naming the Township as an additional insured. Certificates of insurance are subject to the approval of the Township Attorney or his/her designee, evidencing coverage as set forth herein.
[Amended 12-16-2020 by Ord. No. 53-2020]
Wayne Township athletic fields may be made available to Wayne Township residents, organizations or companies for recreational purposes such as football, softball, baseball, lacrosse, field hockey, and soccer under the following conditions:
A. 
Applications for the use of Wayne Township athletic fields must be made to the Department of Parks and Recreation. The Director of the Department of Parks and Recreation or his/her designee shall grant the permit if he/she deems that the use of the premises for the designated time and purpose will not interfere with or jeopardize the Township's recreational program or facility. In any case where the Director or designee denies said application for the use of the premises, he/she shall state his/her reasons in writing for said denial within 3 days of the denial. An applicant may appeal the refusal of the Director or designee to issue a permit to the Business Administrator.
B. 
The Director of the Department of Parks and Recreation or designee may set special conditions for use of Township property in order to protect the facility.
C. 
Any special conditions which are formulated by said Director will become conditions of the permit.
D. 
The Director of the Department of Parks and Recreation shall require the applicant to enter into a hold-harmless agreement, which agreement shall provide that the applicant shall agree to save and hold the Township of Wayne harmless of and from any and all obligations and liabilities which may arise in the form of any and all claims or lawsuits in connection with the use and maintenance of the facilities which represent the subject matter of the application. The applicant further shall agree, as part of those provisions to save and hold harmless the Township of Wayne, to defend at his/her own cost and expense any such claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise accrue against the Township of Wayne.
E. 
The permit holder will be responsible for the cleanup of the grounds, including the cleaning of and disposal of all refuse and garbage at the expense of the applicant, after the event. All organizations will be required to post a security deposit prior to use as set forth under Chapter 75, Fees. Fields will be inspected by the Department of Parks & Recreation personnel after each use or the next business day. If it is deemed an organization left behind an excess amount of trash, defined as six or more pieces of debris, an organization will be subject to a fine deducted from the organization’s security deposit as set forth under Chapter 75, Fees. Security deposits will be returned, whether in part or in full, within 60 days from the end of the organization’s schedule of use.
F. 
The applicant shall pay the fee for the use of the Wayne Township athletic fields as set forth in Chapter 75, Fees. Department of Parks and Recreation-sponsored leagues, Wayne PAL, Wayne Boys & Girls Club, Wayne Little League or other Township-recognized youth programs, shall be exempt from the payment of the fee but not the security deposit requirement.
A. 
Any person who violates any provision of this article shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.
B. 
In addition to the penalties set forth in Subsection A, the Director of the Department of Parks and Recreation may suspend or revoke the membership badge and/or swimming privileges of any person or persons who shall violate or fail to comply with any of the provisions of this article or the rules and regulations set forth herein.