Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 12-13-2012 by Ord. No. 24-12. Amendments noted where applicable.]

§ 201-1 Creation.

There is hereby created a Parks and Recreation Advisory Committee of the Borough of Rockaway.

§ 201-2 Membership.

The Parks and Recreation Advisory Committee of the Borough of Rockaway shall be composed of not fewer than three nor more than seven person/voting members to be appointed by the Mayor with the advice and consent of the Council. Members shall be appointed annually for a two-year term. Members of the Committee shall serve without compensation. The Committee shall designate one of its members to serve as Chairperson and presiding officer of the Committee. The Committee is authorized to adopt bylaws governing its procedural operations.

§ 201-3 Vacancies.

In the event that any member of the Parks and Recreation Advisory Committee shall resign or be unable to serve for any reason as a member of said Committee, the vacancy created thereby shall be filled for the remainder of his or her term in the manner provided for appointments under § 201-2 above.

§ 201-4 Duties and powers.

A. 
It shall be the duty of the Parks and Recreation Advisory Committee to:
(1) 
Make studies, surveys and recommendations to the Mayor and Council with respect to recreation programs and the planning, development, construction and maintenance of the parks and recreation facilities of the Borough of Rockaway.
(2) 
Recommend to the Mayor and Council the fees, if any, to be charged for use of the said recreation facilities.
(3) 
Recommend to the Mayor and Council rules and regulations to be adopted with respect to the use of the Borough's recreation facilities.
(4) 
Make recommendations to the Mayor and Council on any other matters which may be referred to the Committee by the Mayor and Council.
B. 
The Parks and Recreation Advisory Committee shall have no powers other than those set forth herein and shall not commit the Borough of Rockaway to the commission or omission of any act or thing, nor shall it establish any policy of the Borough of Rockaway, nor shall it waive any policy, rules, regulations or ordinances previously established by the Borough of Rockaway.

§ 201-5 Expenditures.

The Parks and Recreation Advisory Committee shall have no authority to expend any money or incur any expense or commit the Borough of Rockaway to the expenditure of any money unless and until the same shall have been specifically authorized and approved by the Mayor and Council of the Borough of Rockaway.

§ 201-6 Meetings; officers.

A. 
Meetings shall be held at such time and place as shall be determined annually by resolution of the Parks and Recreation Advisory Committee, but there shall be an annual meeting for Committee organization, to be held during January of each year.
B. 
There shall be elected at the annual organization meeting each year a Chairman and a Vice Chairman, both of whom shall hold office for one year and be elected by a majority vote of the Committee.

§ 201-7 Fund-raising events; admission fees; service charges.

A. 
In order to provide the funds, in whole or in part, necessary to improve, maintain and police the parks, playgrounds or recreation places under its control, the Borough of Rockaway may arrange and provide for the giving of exhibitions, plays, concerts, games and contests and may use and employ such parks, playgrounds or recreation places for the purpose of giving thereon exhibitions, plays, concerts, games and contests.
B. 
The Borough of Rockaway may charge and collect a reasonable admission fee for each person entering such park, playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes, and when any such playground or recreation place is used for such purpose, no admission fee shall be charged to or collected from children under 12 years of age.
C. 
The Borough of Rockaway may charge and collect a reasonable service charge from persons using, as participants, special areas and facilities which require special maintenance, and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part.

§ 201-8 Authority of Mayor and Council; promulgation of rules; penalties for noncompliance.

A. 
The Mayor and Council shall have full control over all lands, playgrounds and recreation places acquired or leased within the Borough of Rockaway and may adopt suitable rules, regulations and bylaws for the use thereof and for the conduct of all persons while on or using the same.
B. 
Any person who shall violate any rule or regulation promulgated hereunder shall be subject to a fine of not less than $100 nor more than $2,000 and/or by imprisonment for not more than 90 days or community service of 90 days. Such fine and imprisonment or community service shall be at the discretion of the judge imposing the same. For the purpose of this section, each violation shall be treated as a separate offense, and such person violating the rule or regulation shall be severally punished for each and every such violation and noncompliance as aforesaid.

§ 201-9 Preservation of order.

The custodians, supervisors and assistants appointed by the Mayor and Council shall, while on duty and for the purpose of preserving order and the observance of the rules, regulations and bylaws of the Mayor and Council under this chapter, have all the power and authority of police officers of the Borough.

§ 201-10 Appointment of employees.

The Mayor and Council may appoint a Recreation Director, who shall report directly to the Mayor and Council, for a term not to exceed three years, and a secretary or clerk, and such number of custodians, supervisors and assistants for the several parks, playgrounds and recreation places under the control of the Borough of Rockaway, as the Mayor and Council shall deem necessary, and shall fix and determine their salaries.

§ 201-11 Appropriation for current expenses.

The Borough Council shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such parks, playgrounds and recreation places, which shall be raised by taxation in the same manner as other taxes.

§ 201-12 Appropriation of funds for lands and equipment.

The money necessary to pay for lands purchased or condemned for such playgrounds and recreation places and for providing and equipping the same from time to time may be raised and provided by the Borough Council by general taxation, as other taxes are raised and levied, or by the issuance of temporary loan bonds or by the issuance of permanent bonds. All such bonds or other obligations shall be issued and paid in the manner provided by the law.

§ 201-13 Special fund; indebtedness.

A. 
All moneys received by the Borough of Rockaway under this chapter shall be paid over to the Chief Financial Officer and shall be kept in a special fund which shall be under the control of the Mayor and Council and used only for the purpose of defraying the expenses of improving, maintaining or policing the parks, playgrounds and recreation places within the Borough and for the other expenses relating to the same.
B. 
Payments shall be made upon the approval of the Mayor and Council after receipt of a proper voucher therefor from the provider of goods or services.

§ 201-14 Use of recreation facilities.

A. 
The Borough of Rockaway will allow use of its facilities under certain conditions and as long as said use does not interfere with the primary function of its approved programs.
B. 
The priorities and fees for use of facilities are set forth below:
(1) 
Priority 1: Groups directly approved and financed by the Borough of Rockaway with a majority of participants who are residents of the Borough will have first-priority use, according to the seasonal schedules of said sports. No fees will be charged to Priority 1 groups.
(2) 
Priority 2: Organizations approved by the Borough of Rockaway with less than 50% Borough residents will be second in priority. Priority 2 groups will be assessed fees for the use of lights as provided in Chapter A263, Fees.
(3) 
Priority 3: Public schools located in the Borough of Rockaway (Rockaway Borough public schools, Morris Hills High School). No fees will be charged to Priority 3 groups.
(4) 
Priority 4: Departments and agencies of the municipal government. No fees will be charged to Priority 4 groups.
(5) 
Priority 5: Community organizations formed for charitable, civic, social or educational purposes. Priority 5 groups will be assessed fees for the use of lights and scoreboards as provided in Chapter A263, Fees.
(6) 
Priority 6: Outside groups or commercial enterprises, to instruct children in sports or other recreational activities, such as a sports camp run for profit. Priority 6 groups will be assessed fees for the use of lights and scoreboard, facility rental fees, and a security deposit as provided in Chapter A263, Fees.
[Amended 8-22-2013 by Ord. No. 16-13]
C. 
Standards for approval include:
(1) 
Facilities are not available when in use by recreation programs.
(2) 
Facilities use will not be granted for commercial, profit-making or political activity, except as stated in Priority 6.
(3) 
The Mayor and Council of the Borough of Rockaway will determine the priority of an application.
(4) 
The Mayor and Council reserves the right to deny an application and to withdraw permission for the use of facilities, even after permission has been granted, specifically from any organization that has willfully made misrepresentation on the application or whose members violate the rules for use of said facility.
(5) 
Permission to use a facility is not transferable.
(6) 
Permission is withdrawn on any day when the facility is closed for inclement weather, work stoppage, poor field conditions or any other emergency.
(7) 
Users must comply with all applicable statutes and all municipal ordinances and rules of the Borough of Rockaway, the Department of Health, the Fire Department and the Police Department.
(8) 
The use may not exceed the capacity of the facility used.
(9) 
The use must not involve gambling or games of chance.
(10) 
Smoking is prohibited.
(11) 
No signs, posters, advertisements or other displays may be placed on recreation property without the approval of the Mayor and Council.
(12) 
Animals are not allowed on the premises.
(13) 
No vehicle of any type may be operated in any area without permission.
(14) 
Games to be played under the lights must start no later than 8:00 p.m.
D. 
All groups, except Priority 1, 2 and 4, must submit a use of facilities request in a timely manner, a hold-harmless agreement and a certificate of insurance at least two months prior to the event or be subject to a nonrefundable late fee of $25.
E. 
Priority 6 groups who desire to use Borough-owned facilities must submit an application that shall include the following information:
[Added 8-22-2013 by Ord. No. 16-13]
(1) 
The name, address and telephone number of the organization and of the responsible person;
(2) 
Proof of a satisfactory background check conducted within the past 12 months on each employee or volunteer who will work with children;
(3) 
The type of first-aid equipment to be carried to meet or exceed the standards established in N.J.A.C. 8:26, plus ice packs;
(4) 
The steps that will be taken to ensure that age or weight limits are adhered to;
(5) 
How participants will be notified if the camp is closed for the day;
(6) 
A representation that the applicant understands that the Borough's determination as to whether its facilities are unplayable or otherwise unusable is final, and that no refunds will be given;
(7) 
A copy of the registration form including a disclaimer in a form acceptable to the Borough Attorney waiving any liability on the part of the Parks and Recreation Advisory Committee and to the Borough of Rockaway;
(8) 
A copy of the organization's business registration certificate;
(9) 
Proof of insurance coverage for participants, employees and volunteers; and
(10) 
An insurance certificate naming the Borough of Rockaway as an additional insured.
(a) 
This certificate must show, at a minimum:
[1] 
Comprehensive general public liability insurance against claims for bodily injury, death and property damage occurring on, in or about the camp, in combined single limit amount of not less than $1,000,000;
[2] 
Workers' compensation insurance coverage of the full statutory liability;
[3] 
Employers liability insurance in the full statutory amount required by New Jersey law; and
[4] 
Comprehensive automotive liability insurance against claims for bodily injury, death or property damage in combined single limit amount of not less than $500,000.
(b) 
All liability insurance referred to in Subsection E(10)(a)[1], [3] and [4] above shall include the Borough of Rockaway, its departments, agencies, boards, commissions, officers, officials, agents, servants, administrators, and employees as additional insureds, on a primary and noncontributory basis.

§ 201-15 Sponsorship.

[Added 8-22-2013 by Ord. No. 16-13]
Outside groups or commercial enterprises requesting sponsorship by the Parks and Recreation Advisory Committee or by the Borough of Rockaway for events that will not be held on Borough-owned premises must submit an application that shall include the following information:
A. 
The name, address and telephone number of the organization and of the responsible person;
B. 
Proof of a satisfactory background check conducted within the past 12 months on each employee or volunteer who will work with children;
C. 
The type of first-aid equipment to be carried to meet or exceed the standards established in N.J.A.C. 8:26, plus ice packs;
D. 
The steps that will be taken to ensure that age or weight limits are adhered to;
E. 
How participants will be notified if the camp is closed for the day;
F. 
A copy of the registration form including a disclaimer in a form acceptable to the Borough Attorney waiving any liability on the part of the Parks and Recreation Advisory Committee and to the Borough of Rockaway;
G. 
A copy of the organization's business registration certificate;
H. 
Proof of insurance coverage for participants, employees and volunteers; and
I. 
An insurance certificate naming the Borough of Rockaway as an additional insured.
(1) 
This certificate must show, at a minimum:
(a) 
Comprehensive general public liability insurance against claims for bodily injury, death and property damage occurring on, in or about the camp, in combined single limit amount of not less than $1,000,000;
(b) 
Workers' compensation insurance coverage of the full statutory liability;
(c) 
Employers liability insurance in the full statutory amount required by New Jersey law; and
(d) 
Comprehensive automotive liability insurance against claims for bodily injury, death or property damage in combined single limit amount of not less than $500,000.
(2) 
All liability insurance referred to in Subsection I(1)(a), (c) and (d) above shall include the Borough of Rockaway, its departments, agencies, boards, commissions, officers, officials, agents, servants, administrators, and employees as additional insureds, on a primary and noncontributory basis.