[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 4-22-1985 by Ord. No. 306. Amendments noted where applicable.]
The following conduct and action shall hereafter be prohibited
in all public parks and recreational areas owned by the Borough of
Buena:
A.
Willfully marking, defacing, injuring, tampering with or displacing
or removing any building or structure, any bridge, tables, benches,
fireplaces, waterlines or other public utilities, or parts thereof,
any monuments, stake posts or boundary markers, or any signs, notices
or placards, whether temporary or permanent, or any other structure,
facility or equipment or other park property, either real or personal,
owned, maintained or utilized in any public park by the Borough of
Buena or the Board of Recreation Commissioners.
B.
Damaging, marking, defacing, injuring, tampering with or otherwise
injuring any rest room, washroom or other facility maintained by the
Borough of Buena or the Board of Recreation Commissioners for the
convenience and use of the public.
C.
Digging up or removing any soil, rock, stones, trees, shrubs or plants
from any public park or recreational area or making any excavation
within the boundaries of any such park or recreational area.
D.
Constructing or erecting any building or structure, of whatever kind,
whether permanent or temporary, without the express written permission
of the Board of Recreation Commissioners.
E.
Damaging, cutting or removing any tree or other plant or intentionally
damaging any grass or natural area or otherwise intentionally injuring
or damaging the natural beauty or usefulness of any park or recreational
area owned or maintained by the Borough of Buena.
F.
Trespassing into any area of any park or recreational area which
is posted as prohibiting such trespass, or driving a motor vehicle,
automobile, motorcycle or other vehicle onto any footpath or other
area in any park or recreational area which is specifically posted
as prohibiting the operation of an automobile, motorcycle or other
motor vehicle.
G.
Hunting, tracking, killing, molesting or otherwise harming any animal,
wildlife, reptile or bird which is located in any park or recreational
area which is owned by the Borough of Buena or removing the young
of any wild animal, the eggs from any nest or the young of any reptile
or bird. This provision shall not prohibit the destruction of any
dangerous animal, such as a poisonous snake, by the Police Department
of the Borough of Buena or by such person or persons as may be authorized
by the Board of Recreation Commissioners or the Animal Warden of the
Borough of Buena.
H.
Throwing, discharging or otherwise placing or causing to be placed
in the waters of any fountain, pond, lake, stream or other body of
water in or adjacent to any park or recreation area, or in any tributary
stream, storm sewer or drainage area, any substance, matter or thing
which may or will result in the pollution of said waters.
I.
Dumping, depositing or leaving any bottles, broken glass, paper,
paper products, boxes, cans, rubbish, waste, garbage or other refuse
or trash within any park or recreational area. Neither should any
such item mentioned in the first sentence of this subsection be placed
in any waters in or contiguous to any park or recreational area or
be left upon the grounds thereof. Where proper trash receptacles are
provided, every person using any park or recreational area owned by
the Borough of Buena shall place any such item described in the first
sentence of this subsection in such receptacle. Where receptacles
are not provided or are not otherwise available, all such items described
in the first sentence of this subsection shall be carried away from
the park or recreational area by the person responsible for their
presence and properly disposed of elsewhere.
J.
Operating any automobile, motorcycle or other vehicle or a bicycle
in those areas which are specifically permitted in a careless, reckless
or unsafe manner so as to endanger the safety of the driver, occupant
or other person who may reasonably be using the park or recreational
area.
K.
Swimming or bathing in waters or waterways in or adjacent to any
public park or recreational area where such water or waterways are
posted against swimming or bathing.
L.
Congregating, gathering or otherwise remaining upon that portion
of any park or recreational area beyond the hours which are specifically
permitted by proper signs duly posted by the Board of Recreation Commissioners.
M.
Erecting, maintaining, using or occupying any tent, shelter or structure
of any kind beyond the hours or in violation of any regulations promulgated
by the Board of Recreation Commissioners.
N.
Dressing or failing to dress in such a manner as to indecently expose
oneself to other persons who are or may be using the parks and recreational
areas of the Borough of Buena.
O.
Carrying, possessing or using any firearm of any description or any
air rifle, spring gun, bow and arrow, sling or any other weapon potentially
harmful to wildlife or dangerous to human safety, or carrying, possessing
or using any trapping device. Neither shall any person shoot any firearm,
air rifle, spring gun, bow and arrow or any other weapon into any
park or recreational area from beyond the boundaries of said park
or recreational area.
P.
Starting a fire outside any permanent or temporary fireplace or grill
or leaving a park or recreation area before a fire which has been
started is completely extinguished.
Q.
Participating in any game involving the throwing or propelling of
objects such as balls, arrows or stones, except in those areas set
apart for such forms of recreation.
R.
Discharging, burning, exploding or having in one's possession any
firecrackers, fireworks, torpedo rockets or other type of fireworks
or firecrackers; provided, however, that the Council of the Borough
of Buena may authorize a properly supervised fireworks display in
a designated park or recreational area upon proper application therefor.
S.
Gambling or participating in or abetting any game of chance, except
in such areas and under such regulations, consistent with the laws
of the State of New Jersey, as may be authorized by the Board of Recreation
Commissioners.
T.
Engaging in loud, boisterous, threatening, abusive or insulting or
indecent language or engaging in any disorderly conduct or behavior
tending to breach the public peace.
U.
Using the parks or recreational areas of the Borough of Buena for
the sale, display or distribution of any article or thing or exposing
or offering for sale any article or thing, or the placement of any
stand, cart or vehicle for the transportation, sale or display of
any such article or thing. The Board of Recreation Commissioners may
authorize one or more persons, upon proper application, to sell souvenirs
in conjunction with the conduct of any contest or game which may be
held in any park or recreational area of the Borough of Buena and,
in addition, may authorize the sale of food or other refreshments
from appropriate refreshment stands which are either operated or leased
by the Board of Recreation Commissioners.
V.
Posting, tacking, gluing or otherwise placing or installing any sign,
placard, advertisement or inscription of any nature within any park
or recreational area or erecting or causing to be erected any sign
whatsoever on any public lands or highways adjacent to any park or
recreational area.
A.
It shall be unlawful for any person to consume, transfer, sell or
distribute any alcoholic beverage within any park or recreational
area owned, operated or controlled by the Borough of Buena or to possess
any alcoholic beverage or mixture of alcoholic beverage and other
beverages in open containers in any grove, picnic area, ball field,
tennis court, parking lot or other park or recreational area owned,
operated or controlled by the Borough.
B.
The prohibition against possessing, consuming or distributing alcoholic beverages as set forth in Subsection A of this section shall not apply to any organization or group which obtains approval to use any land, park or recreational area of the Borough of Buena from the Board of Recreation Commissioners or other municipal authority for a specific function or affair or to any member of said organization or group who consumes, transfers, distributes or possesses any alcoholic beverage during the course of such approved function or affair.
C.
This chapter shall not apply to any person, organization or group
which, after obtaining municipal approval to use any park or recreational
area or any portion thereof for a specific function or affair, sells
any alcoholic beverage in any park or recreational area where such
affair or function is being held pursuant to a special permit issued
for a specific function or affair by the appropriate issuing authority
pursuant to the laws of the State of New Jersey, or to any person
who purchases, consumes, distributes, transfers or possesses any alcoholic
beverage within any Borough park or recreational area during the course
of such approved function or affair, provided that such consumption,
distribution, transfer, possession or purchase is consistent with
the laws of the State of New Jersey.
D.
No person shall disturb or unreasonably interfere with any person,
group or organization which is occupying any portion of a park or
recreational area of the Borough of Buena or participating in any
activity under the authority of a permit or other approval granted
by the Borough of Buena or the Board of Recreation Commissioners.
Except for unusual and unforeseen emergencies, parks and recreational
areas owned, maintained or operated by the Borough of Buena shall
be open to the public every day of the year during such hours as may
be designated by the Board of Recreation Commissioners. In the event
that no regulation regarding the hours of operation is promulgated,
then all such parks and recreational areas shall remain open and available
to the public without restriction. The opening and closing hours for
any park or recreational area or for any portion thereof shall be
posted in conspicuous places by the Board of Recreation Commissioners
and may be changed from time to time by resolution of such Board.
A.
The Board of Recreation Commissioners of the Borough of Buena is
hereby designated as the agency to control and regulate the activities
in all parks and recreational areas of the Borough of Buena, consistent
with the provisions of this chapter.
B.
The Board shall have authority to promulgate such reasonable rules
and regulations as may be necessary for the health, safety, morals
and general welfare of the public using the Borough's parks and recreational
areas, provided that any such rule or regulation shall only be promulgated
after public hearing, notice of which has been given to the public,
and thereafter such rules and regulations shall be generally available
to the public in the office of the Board of Recreation Commissioners
and the office of the Borough Clerk, in the Police Department and
such other locations as may be deemed appropriate by the Board of
Recreation Commissioners.
A.
Any person, group or organization shall be entitled to use such portions
of the parks and recreational areas of the Borough of Buena as may
be properly designated by the Board of Recreation Commissioners for
special functions or affairs.
B.
The Board shall follow the following procedure in granting permits
for the use of the Borough's parks and recreational areas for the
holding of any such function or affair. It shall make available to
any person, group or organization a proper application form, containing:
(1)
The name and address of the applicant.
(2)
The name and address of the person or persons sponsoring the activity.
(3)
The name, address and telephone number of the person or persons who
will be in charge of the affair.
(4)
The day and hours for which the permit is desired.
(5)
The park, recreational area or portion thereof for which such permit
is desired.
(6)
A description of the function or affair to be held, including the
number of people anticipated.
(7)
Any other information which the Board of Recreation Commissioners
shall deem reasonably necessary to a fair determination as to whether
a permit should be issued.
C.
In determining whether or not to issue or deny a permit for a special
activity or function, the Board of Recreation Commissioners shall
consider the following:
(1)
Whether the proposed activity or use of the park or recreational
area will unreasonably interfere with or detract from the general
public enjoyment of the park or recreational area.
(2)
Whether the proposed activity or use will unreasonably interfere
with or be detrimental to the public health, safety or welfare.
(3)
Whether the proposed activity or use is reasonably likely to result
in any violence, crime or disorderly conduct or disturbance in the
form of noise or other interference with surrounding property owners
or to other persons who may be properly using the park or recreational
area at the same time.
(4)
Whether the proposed activity or use will entail extraordinary burdensome
expense in the police operation by the Borough of Buena.
(5)
Whether the proposed activity or use is likely to damage, destroy
or otherwise cause injury to any park or recreational area or any
facility, structure or equipment generally maintained or located therein.
(6)
Whether the park or recreational area or portion thereof sought to
be utilized has been previously reserved for use by another group
or organization on the same date and during such hours as may cause
the proposed functions or activities to conflict.
D.
Any person aggrieved by the decision of the Board of Recreation Commissioners
shall have the right to appeal a denial for a permit by the Board
of Recreation Commissioners to the Council of the Borough of Buena,
provided that such appeal is made in writing to the Clerk of the Borough
of Buena within five working days after such denial has been received.
A copy of any such notice of appeal shall be served on the Board of
Recreation Commissioners within said five-day period, at which time
the Board of Recreation Commissioners shall immediately forward the
application and all other documents, together with a summary of its
reasons for refusal, to the Clerk of the Borough of Buena. The Council
shall consider the application and appeal at a regularly scheduled
public meeting or at such special meeting as may be designated by
the Mayor or members of the governing body. The Council of the Borough
of Buena shall not be obligated to give public notice that it is considering
such appeal, but it shall provide an opportunity to be heard to those
persons who may be interested in the action or permit which was denied
by the Board of Recreation Commissioners. The decision of the Borough
Council shall be final, and failure to act upon said appeal within
20 days after receipt of the notice of appeal shall constitute an
affirmance by the Council of the decision previously made by the Board
of Recreation Commissioners.
E.
Any person, group or organization, including the members in charge
of any function or activity as listed on the application, to whom
a permit is issued shall be liable for any loss, damage or injuries
sustained by the Borough of Buena or by any person in the park or
recreational area of the Borough of Buena by reason of the negligence
of any person or any member of the group or organization to whom the
permit has been issued. The Board of Recreation Commissioners shall
have the authority to require any permittee to submit evidence of
liability insurance, covering injuries to members of the general public
arising out of any permitted activity or function which is authorized
in the park or recreational areas of the Borough of Buena, in such
amounts as may from time to time be determined by the Board of Recreation
Commissioners prior to the issuance of a permit.
F.
Revocation. The Board of Recreation Commissioners shall have the authority to revoke a permit, after giving the permittee a public hearing, upon the same grounds that would justify the denial of a permit in the first instance. Any person, group or organization who or which has a permit revoked shall have the right to appeal such revocation to the Council of the Borough of Buena utilizing the same procedures as set forth in Subsection D above.
G.
Background
checks.
[Added 3-13-2023 by Ord. No. 723]
(1)
BOROUGH-SPONSORED YOUTH PROGRAMS
CRIMINAL HISTORY RECORD BACKGROUND CHECK
NONSPONSORED YOUTH PROGRAMS
YOUTH PROGRAMS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any program sponsored by the Borough of Buena, including
any and all leagues, boards or commissions, falling within the purview
of, or acting for or on behalf of, the Borough of Buena and having
contact with persons under the age of 18 years.
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and/or the NJ State Bureau of Identification in the Division
of State Police.
Any youth program not sponsored by the Borough of Buena,
but that utilizes municipal facilities or has an affiliation with
a Buena-Borough-sponsored youth program and has contact with persons
under the age of 18 years.
Any programs that allow for participation in activities by
those persons less than 18 years of age. Activities may include, but
are not limited to, sporting activities, passive recreation groups,
clubs or camps and trips or other activities whereby some control
and responsibility for children is assigned to some person acting
for or on behalf of the Borough of Buena other than a parent or caregiver.
(2)
Nonsponsored youth programs: criminal background checks. Prior to
any club or organization, not defined as a Borough-of-Buena-sponsored
youth program, being authorized to use Borough-of-Buena-owned or -operated
facilities for functions participated in by minor children, any person
18 years of age or older in any way assisting in the function, including
but not limited to coaches, assistant coaches, or similar positions,
must provide the Borough of Buena Recreation Commission with findings
of a criminal background check obtained from the State Bureau of Identification
in the New Jersey State Police. The submission of background check
findings must be based upon a check performed within two years of
the start of use of the Borough-of-Buena-owned or -operated facility.
In the case of coaches performing duties as employees of the Buena
Regional School District, the policy of background checks adopted
by the Board of Education will be used to establish eligibility for
use of Borough-of-Buena-owned or -operated facilities. In all cases
the background check must comply with the provisions of any applicable
laws regarding the same, but not less detailed than those performed
by the Borough of Buena for individuals involved in administering
Borough-of-Buena-sponsored youth programs. The cost of background
checks for individuals not administering a Borough-of-Buena-sponsored
program shall be borne by the individual or program with which they
are participating.
(3)
Borough-of-Buena-sponsored youth programs: background checks.
(a)
Any person 18 years of age or older, including but not limited
to coaches, assistant coaches, or similar positions involved in educating,
directing or supervising youth, and in any way assisting in a Borough-of-Buena-sponsored
youth program function participated in by minor children, shall submit
sufficient information on forms supplied by the Borough of Buena Recreation
Commission from the New Jersey State Police for the purpose of obtaining
a criminal history background check with the State Bureau of Identification
in the New Jersey State Police. Applications for background checks
shall be processed by the Borough of Buena Recreation Commission.
The individual applying for the background check shall authorize the
Borough of Buena Recreation Commission to be the recipient of the
affirmative or negative response from the State Police based upon
the findings of the background check. The cost of background checks
for individuals administering a Borough-of-Buena-sponsored youth program
shall be borne by the individual or program with which they are participating.
(b)
All league officers and/or those individuals in charge of each
recreation program are required to ensure compliance with this chapter
for that league or program. The President or Director of each recreation
program shall file an annual roster of individuals that are required
to participate in the background check procedures of this chapter.
The roster shall be on forms supplied by the Borough of Buena and
shall contain a certification as to the accuracy and completeness
of the roster and individual names. Any person who knowingly certifies
a background check roster that excludes an individual required to
be checked shall be in violation of this chapter and laws regarding
false swearing.
(4)
Qualification. Individuals engaged in providing recreation opportunities
for, or on behalf of, the Borough of Buena shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are required
to display their card while in performance of their duty involving
youth programs.
(5)
Disqualification.
(a)
Upon receipt of a completed background check conducted by the
State Bureau of Identification in the New Jersey State Police and/or
the Federal Bureau of Investigation, Identification Division, the
Recreation Commission shall notify the applicant and the President
or Director of the recreation program of affirmative or negative results.
Details in the background check that result in a negative determination
by the State Police are not afforded to the Recreation Commission
and are only available to the applicant upon making a formal request
to the State Bureau of Investigation.
(b)
In the event the criminal background check reveals any prior
convictions for crimes or offenses which negatively impact the health,
safety or welfare of children, the said person shall not be qualified
to participate in any official capacity in any function for persons
under the age of 18 years held at any Borough-of-Buena-owned or -operated
facilities. Such offenses shall include, but not be limited to:
[1]
In New Jersey, any crime or disorderly persons offense:
[a]
Involving danger to the person, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq.
(i.e., criminal homicide; murder; manslaughter; death by vehicular
homicide; aiding suicide; leaving the scene of a motor vehicle accident);
N.J.S.A. 2C:12-1 et seq. (assault; endangering an injured victim;
recklessly endangering another person; terroristic threats; stalking;
disarming law enforcement or corrections officer); N.J.S.A. 2C:13-1
et seq. (i.e., kidnapping; criminal restraint; interference with custody;
criminal coercion; enticing a child into a motor vehicle, structure
or isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault;
criminal sexual contact; lewdness; juveniles in need of supervision);
N.J.S.A. 2C:15-1 et seq. (i.e., robbery; carjacking).
[b]
Against the family, children or incompetents, meaning
those crimes and disorderly persons offenses set forth in N.J.S.A.
2C:24-1 et seq. (i.e., bigamy; endangering the welfare of children,
incompetent persons, the elderly or disabled persons; willful nonsupport;
unlawful adoptions; employing a juvenile in the commission of a crime).
[c]
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes (i.e., including theft of real or personal
property in excess of $200; receiving stolen property; fencing; theft
of services; shoplifting; computer-related theft).
[d]
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection a. of N.J.S.A. 2C:35-10.
[e]
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection G(5)(b)[1] of this section.
[2]
The list of crimes and violations contained in this section
is for illustrative purposes only and shall not be construed as a
limitation on those criminal activities or violations that would be
grounds to disqualify a person from assisting with youth-related activities
as indicated herein.
[3]
Refusal by individuals required to submit to background checks
will result in an immediate dismissal of the individual from any Borough-of-Buena-sponsored
programs requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for nonsponsored youth programs will forfeit that individual's
ability to participate with the respective program. Refusal of a non-Borough-sponsored
youth program to subscribe to the requirements of this chapter shall
forfeit that program's ability to use municipal facilities.
(6)
Frequency of background checks.
(a)
All nonsponsored youth programs that have individuals subject
to this chapter shall supply background checks for all of its participants
prior to the individual being able to participate at any function
at a Borough-of-Buena-owned or -operated facility to the extent covered
by this chapter. Thereafter, a new background check shall be submitted
to the Recreation Commission every three years.
(b)
All Borough-of-Buena-sponsored youth programs that have individuals
subject to this chapter shall direct those individuals to the Recreation
Commission for background checks prior to the individual being able
to participate at any function sponsored by the Borough of Buena.
Thereafter, every three years a new background check shall be submitted
to the Recreation Superintendent.
[1]
Individuals involved in Borough-of-Buena-sponsored youth programs
who are required to undergo background checks shall be given an interim
approval for participation only after submission to the Division of
State Police for a background check. Interim approvals shall only
be valid for the period of time that it takes to receive background
checks results. Such interim approval shall not be valid for a period
of time exceeding 45 days. One interim approval may be granted per
individual.
(7)
Privacy. All criminal background checks supplied to the Recreation
Commission shall be filed and maintained in a secure and locked cabinet
or room and shall not be available to the public for inspection. The
Recreation Commission shall take appropriate steps to safeguard such
records. The records shall be exempt from public disclosure under
the common law New Jersey Open Public Records Act.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose.
[1]
Editor's Note: See N.J.S.A. 47:1a-1 et seq.
[Amended 1-22-2018 by Ord. No. 661]
This chapter shall be enforced by the Franklin Township Police
Department. The Board of Recreation Commissioners, however, may hire
such persons, attendants or other personnel to assist in the enforcement
of this chapter and to file complaints against persons found to be
violating any of the provisions hereof, as it may deem advisable,
consistent with its operating budget. Additionally, the Board of Recreation
Commissioners or any employee or attendant hired by it shall have
authority to seize and confiscate any property, thing or device in
any park or recreational area which is being used or possessed in
violation of this chapter.
In the event that the Board of Recreation Commissioners is disbanded
or in the event that it fails to act pursuant to the authority granted
by this chapter, then the Clerk of the Borough of Buena shall be authorized
to issue permits and to perform all clerical functions provided for
in this chapter, and the Council of the Borough of Buena shall be
authorized to promulgate regulations, and the Mayor of the Borough
of Buena shall otherwise see to the enforcement of this chapter.
