[Derived from Sec. 10-6 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
As used in this article, the following terms shall have the
meanings indicated:
Any portion of the building and structure known as the "Brewer
Recreation Center," located at 430 Westfield Avenue, Clark, New Jersey,
and the adjoining land, which includes the athletic fields and tennis
courts.[1]
A policy of insurance furnished by the user of the facilities
by a company approved by the Township and which includes the Township
as a named insured.
Those lands owned by the Township of Clark which are not
specified in this article, but which may be otherwise used by the
public upon application pursuant to the provisions hereof.
[Added 5-4-2009 by Ord. No. 09-16]
The fee paid to the Township of Clark for the use of the
Brewer Recreation Center or any part thereof.[2]
Any person, organization, corporation or other entity granted
the use of the Brewer Recreation Center pursuant to this article.[3]
[Amended 5-4-2009 by Ord. No. 09-16[1]]
A.Â
The prospective user of any other Township lands shall file an application
for the use with the Recreation Director of the Township of Clark
specifying the date, time and purpose of its proposed use, providing
the name and address of the organization seeking such use and specifying
the nature of the use, the hours of operation and whether third parties
will be engaged in the operation of the use. The Recreation Director
of the Township will thereupon, after reviewing said application,
determine the fee to be charged therefor based upon the criteria heretofore
referenced.
B.Â
All applicants for permits shall be required to post with the Township
Clerk, prior to the conduct of any such affair, appropriate certificates
of insurance evidencing the fact that the user is insured, and that
the Township of Clark has been named as a coinsured on its liability
policy in an amount not less than $1,000,000 for bodily injury to
one person, $3,000,000 for injuries to multiple parties and $500,000
for property damage. Where the prospective licensee proposes to allow
a third-party vendor to utilize the governmental site as part of its
venture, all third-party vendors shall be requires to provide certificates
of insurance in similar fashion designating the Township of Clark
as an additional insured. Failure to provide such coverages shall
disqualify such potential vendor from participation in the event.
The renter is responsible for cleanup during the event and after the
event is complete.
[Amended 5-4-2009 by Ord. No. 09-16[1]]
A.Â
Any organization
within the Township of Clark seeking to use public lands for the conduct
of an event sanctioned by the Clark Recreation Department shall pay
to the Township of Clark a fee in connection therewith. Such fee shall
be in an amount calculated to offset the cost paid by the Township
for safety, public works, insurance charges and the like.
The following shall not be charged a fee for the usage of the
Brewer Recreation Center on Monday through Friday only, exclusive
of Saturday, Sunday and/or holidays, and not later than 11:00 p.m.
all other days:
A.Â
Any program sponsored by the Township of Clark.
B.Â
Any program under the auspices and sponsorship of Arthur L. Johnson
High School or any of the schools under the jurisdiction of the Clark
Board of Education.
C.Â
Any usage for programs under the auspices and/or sponsorship of any
independent youth, adult, civic, except political, charitable, community-wide
and/or nonprofit organizations based within the Township of Clark,
exclusive of fund-raising events.
A.Â
Insurance required. All users of the Brewer Recreation Center, except
Township-sponsored programs, must furnish to the Township a certificate
of insurance showing proof that such user is insured and naming the
Township of Clark as a coinsured under the liability portion of the
policy in an amount not less than $1,000,000 for bodily injury per
accident, $500,000 bodily injury per person and $50,000 property damage.[1]
B.Â
Damage liability. If any damage to the facilities results from the
use of the Brewer Recreation Center by any user, without exception,
such user shall be fully responsible for reimbursement to the Township
for the actual cost of repair of such damage.[2]
C.Â
Applications. Applications for the use of the Brewer Recreation Center
and its facilities shall be in a form prepared by the Recreation Director
of the Township and filed with such office or its designee.[3]
D.Â
Age requirement. Any applicant for the use of municipal facilities
must be at least 18 years of age and present written authorization
by his/her organization or group to make such application. Responsible
adult supervision shall be present at all times whenever the use of
the facilities is by a youth organization or group.
E.Â
Security. Security shall be provided by the use when attendance exceeds
75 persons, and such plan of security shall be subject to the approval
of the Recreation Director at least one week prior to the date of
usage.
F.Â
Disposition of fees. All fees collected shall be deposited in the
general fund of the Township, and costs shall be transferred to respective
line-item accounts.