[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 11-14-2011 by Ord. No. 2011-10. Amendments noted
where applicable.]
This chapter shall be cited and referred to as "Facilities Use
Regulations."
For the purpose of this chapter, unless the context clearly
indicates a different meaning, the following definitions shall apply:
Municipally owned building or park, playground or open space
controlled or owned by the City of Bordentown.
Groups of individuals who associate for a common purpose.
Groups of individuals organized for purposes other than generating
profit as determined by the Internal Revenue Service.
Person/persons not residing within the municipal boundaries.
Person/persons residing within the municipal boundaries.
A.
It shall be unlawful for any resident, nonresident, informal organization
or group, nonprofit organization or group, firm, corporation or any
other entity to perform or permit to be performed any of the following
acts within any park, playground, open space, building or property
of the City of Bordentown. The provisions herein shall not apply to
any authorized official of the City in pursuit of any official duty
or person having prior written permission from the City.
(1)
Mark, deface, disfigure, injure, tamper with, or displace or remove
any City property.
(2)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in or adjacent to any park or open space area, or any tributary, stream,
storm sewer, or drain flowing into such waters, any substance, matter
or thing, liquid or solid, likely to result in pollution of said water.
(3)
Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage, or refuse or other trash in any
waters in or contiguous to any park, playground or open space area,
or anywhere on the grounds thereof, but shall be placed in the proper
receptacles where these are provided, and where receptacles are not
so provided, all such rubbish or waste shall be carried away from
the park or open space area by the person(s) responsible for its presence
and properly disposed of elsewhere.
(4)
Endanger the safety of any person by any conduct or act, including
disturbing the peace or committing any assault, battery or fighting.
(5)
Carry, possess or consume any alcoholic beverage, narcotics or drugs in any park, playground, open space, building or property of the City. Alcoholic beverages may be carried, possessed, or consumed at Old City Hall with the appropriate approvals and pursuant to the procedures outlined in Chapter 156 of the City Code.
[Amended 5-8-2023 by Ord. No. 2023-06]
(6)
Smoke in any City building.
(7)
Prevent any person from using any City facilities, or interfere with
such use in compliance with these regulations.
(8)
Operate, drive or park any automobile or motorcycle or other motorized
vehicle, except a child's motorized toy or a motorized aid to the
handicapped, on any area other than the street, driveway or parking
lot of any park, playground or open space area or park or leave any
such vehicle in any place other than the areas designated for public
parking. No motorized vehicles shall be permitted in any park, playground
or open space area except in specific locations provided for said
use, if any.
(9)
Solicit funds for any purpose or sell, vend, peddle or offer for
sale any commodity, article, or service within any park, playground,
open space, building or property of the City where such activity is
purely for pecuniary profit, or solicit funds for any purpose, other
than persons having prior written permission or received permits from
the City for said purposes.
(10)
Paste, glue, tack or otherwise post or hang any sign, placard,
advertisement, or inscription whatsoever in any park, playground,
open space area, building or property in any public lands, highways
or roads adjacent to said area.
(11)
Use or cause to be used any loudspeakers, public address systems or amplifiers without first having obtained written permission from the City. Pursuant to § 156-2 of the City Code, loudspeakers and other like devices may be utilized at Old City Hall, so long as the use is reasonable and does not disturb the surrounding neighborhood.
[Amended 5-8-2023 by Ord. No. 2023-06]
(12)
Hold, possess or use any firearm or weapon in or within 300
yards of any playground or City structure or property, unless the
individual is required to carry a firearm or weapon in the pursuit
of his or her employment.
(13)
Molest, trap, capture or hunt, remove, injure or kill any animal,
fish or other wildlife or disturb its habitat, except in portions
of any park or open space area so designated.
(14)
Swim in any pond, lake, stream, or any other body of water except
areas designated and posted as approved for swimming.
(15)
Run a gas-operated watercraft in any pond, lake, stream, or
any other body of water, except where designated.
(16)
Allow any pet to roam unleashed in any park or playground, except
where designated. Any and all fecal matter emitted from pets must
be removed and carried away by the owner, except in designated areas.
B.
Bordentown City reserves the right to prohibit, rescind or change the use of facilities, regardless of prior approval for use. Whenever practicable, reasonable notice will be provided. Use of Old City Hall shall be consistent with Chapter 156 of the City Code.
[Amended 5-8-2023 by Ord. No. 2023-06]
C.
All indoor activities must terminate by 10:00 p.m., unless prior written approval is obtained. All unlighted outdoor activities must terminate by sunset. Activities at outdoor light facilities, designated for evening use, must terminate by 10:00 p.m., unless otherwise approved by the City. Where inconsistent with this chapter, use of Old City Hall shall be consistent with Chapter 156 of the City Code.
[Amended 5-8-2023 by Ord. No. 2023-06]
D.
Municipal facilities cannot be used for any purpose prohibited by
law.
E.
Open fires are prohibited, except when approved by the City and any
and all government agencies having jurisdiction therein. However,
charcoal grills are permitted in designated picnic areas upon proof
of insurance and prior written approval from the City.
F.
Applications for the use of any municipal facility can be denied
at the discretion of the Board of Commissioners or the City Clerk.
A.
Applicants who are granted use of the facilities are responsible
for the proper supervision of all participants and spectators. Those
participants under the age of 18 years are not to be left unattended
at any time.
B.
Applicants granted use of the facilities will be held responsible
for any personal injury or property damage resulting from the lack
of supervision or poor supervision of participants or spectators.
A.
Any problems encountered with the facility must be reported to the
City Clerk within 24 hours of the conclusion of the activity or on
the next business day.
B.
Proper use of the facilities is of the utmost importance. Resident,
nonresident, informal organization or group, nonprofit organization
or group, firm, corporation or any other entity failing to abide by
the provisions of this policy will be asked to curtail their event(s)
and may be denied further use of municipally owned facilities.
C.
Facilities must be left clean and orderly. Chairs and tables shall
be returned to their original positions, and lights and air conditioning/heating
should be turned off or adjusted as directed or posted at the facility.
Parks, playgrounds, or open space areas shall be clear of debris resulting
directly or indirectly from use by any resident, nonresident, informal
organization or group, nonprofit organization or group, firm, corporation
or any other entity.
D.
Users of facilities automatically assume responsibility and liability
for all damages and loss to City property that occurs while using
said facilities, parks, playgrounds or open space areas.
E.
Parking is limited to designated parking areas. No vehicles are permitted
on any park, playground or open space, except for emergency situations
only. Violation of the parking policy will result in revocation of
the applicant's privilege to continue utilizing the facility, park,
playground or open space area.
A.
Applications for the use of municipal facilities are required for
organized games, contests, picnics, sports activities and any other
organized gathering. Use of municipally owned property/facilities
is not allowed for religious services.
B.
Applications are not required for the unreserved use of parks, playgrounds
and open space areas. However, should a resident, nonresident, informal
organization or group, nonprofit organization or group, firm, corporation
or any other entity wish to reserve exclusive use of a park, playground
or open space area, a letter outlining the request of the resident,
nonresident, informal organization or group, nonprofit organization
or group, firm, corporation or any other entity must be submitted
for consideration by the Board of Commissioners and/or the City Clerk.
Information contained in the written request should include, but not
be limited to, date, time period, purpose or intended use, and approximate
number of attendees.
C.
Applications for facilities use and/or written requests for park,
playground or open space use should be hand delivered or mailed to
City Hall, 324 Farnsworth Avenue, Bordentown, NJ 08505. The envelope
should be clearly marked, "Facilities Use Request."
D.
Applications and/or written requests should be submitted at least
30 days prior to the date of the event and be accompanied by proof
of insurance when required. Applications and/or written requests not
received in a timely manner may be denied by the Board of Commissioners
and/or the City Clerk.
E.
All multiday athletic-related applications must be submitted to the
City Clerk in writing no more than six months prior to the start of
a specific sporting event, nor less than 30 business days prior to
said event.
F.
A returnable deposit (check or money order payable to the City of Bordentown) of $200 is required with all applications, subject to the required security deposits for Old City Hall pursuant to § 156-7 of the City Code. This deposit will be used to cover any damage to City property or cleaning required due to the use of site. Users will be notified, in writing, by the City Clerk's office if any such charge will be assessed.
[Amended 5-8-2023 by Ord. No. 2023-06]
G.
The City shall grant use of City facilities on a first come, first
served basis, which is subject to availability.
A.
The fees
charged for use of City facilities shall be as follows:
[Amended 6-12-2023 by Ord. No. 2023-12]
Fees
|
Class 11
|
Class 22
|
Class 33
|
---|---|---|---|
Gymnasium4
|
$200
|
$150
|
$100
|
Large meeting room5
|
$150
|
$100
|
$75
|
Small meeting room5
|
$100
|
$80
|
$70
|
Kitchen6
|
$150
|
$100
|
$75
|
Park/playground7
|
$100
|
$75
|
No charge
|
Recreation attendant fee
|
$20/hour
|
$15/hour
|
No charge
|
Security deposit
|
$250
|
$250
|
$2508
|
NOTES:
| |
1
|
Class 1 fees: nonresident individual or a for-profit organization/corporation.
|
2
|
Class 2 fees: resident individual.
|
3
|
Class 3 fees: recognized nonexempt, nonprofit, or service organization.
|
4
|
Up to five hours' use. Hourly fee assessed after five hours
is $60.
|
5
|
Up to five hours' use. Hourly fee assessed after five hours
is $40.
|
6
|
Up to five hours' use. Hourly fee assessed after five hours
is $60. A kitchen use fee applies to all users.
|
7
|
Your reservation of the park/playground does not constitute
exclusive use. The park/playground is open to the public during normal
playground hours.
|
8
|
At the discretion of the City Commissioners.
|
B.
Nonresidents
and residents may also apply to utilize City facilities on a monthly
basis for the following fees:
[Amended 6-12-2023 by Ord. No. 2023-12]
Fees
|
Class 11
|
Class 22
|
---|---|---|
Gymnasium (up to 12 hours a month)
|
$175
|
$150
|
Large meeting room (up to 12 hours a month)
|
$150
|
$100
|
Small meeting room (up to 12 hours a month)
|
$100
|
$80
|
Kitchen (up to 12 hours a month)
|
$150
|
$100
|
Park/playground (up to 12 hours a month)
|
$100
|
$75
|
Recreation attendant fee (per session)
|
$20/hour
|
$15/hour
|
Security deposit
|
$250
|
$250
|
NOTES:
| |
1
|
Class 1 fees: Nonresident individual or a for-profit organization/corporation.
|
2
|
Class 2 fees: Resident individual.
|
A.
Any resident, nonresident, informal organization or group, nonprofit
organization or group, firm, corporation or any other entity will
be required to provide proof of liability insurance when submitting
an application for the use of any municipally owned facility, park,
playground or open space.
(1)
For-profit organization, corporations or firms must provide proof
of general liability insurance with limits of liability not less than
$1,000,000 per occurrence and aggregate. The policy will provide coverage
for the user's activity at the approved facilities and shall state
such activities on the certificate of insurance. The certificate shall
name the City of Bordentown as the certificate holder and as an additional
insured for the full duration of the use of the facility(ies).
(2)
Resident or nonresident, informal organization or group users must
provide proof of liability insurance in accordance with their homeowner's
policy.
(3)
Nonprofit/service organizations' proof of insurance will be at the
discretion of the Board of Commissioners and/or the City Clerk.
B.
Users must sign a waiver in which they agree to waive and relinquish
all claims and cause of action of every kind which they have or may
have against the City of Bordentown arising out of the use of the
facility resulting in personal injury and/or property damage. The
users must recognize and acknowledge that they assume all risks in
connection with the use of the facility.
C.
Users must indemnify the City of Bordentown of any and all liability
of loss and against all claims or actions based upon or arising out
of damage or injury (including both) to persons or property caused
by or sustained in connection with the applicant's use of the facility
and the defense of any such claims or action whether the liability
loss or damage is caused by or arises out of negligence of the City
of Bordentown or any of the agents, employees or otherwise. The user
must further agree to reimburse the City of Bordentown for any and
all expenses, attorney's fees or costs incurred in the enforcement
of this waiver and indemnification.