[HISTORY: Adopted by the Council of the City of Perth Amboy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-2019 by Ord. No. 1901-2019]
As used in this article, the following terms shall have the
meanings indicated:
A written specification of the behavior to be expected of
the parents, guardians, coaches and officials prescribed by N.J.S.A.
5:17-1 et seq., and implemented by each youth sports organization,
which must at a minimum incorporate this article, which must be agreed
to in writing by the parents or legal guardians of the minor participants
and coaches of each youth sports team and/or organization prior to
such minor participants' participation in the youth sports activity.
Any sports organization having games organized between one
or more youth sports teams, whether affiliated within or without the
City of Perth Amboy, which has its own rules, regulations and/or code
of conduct pursuant to its organizing charter. Examples of "participating
leagues" are Pop Warner football, Little League,® AAU® basketball, and youth soccer
organizations.
Any competition, practice, clinic, or instructional event
involving one or more youth sports teams or organizations.
Any sports association or club which is affiliated with,
or received monetary or other support from, the Department of Human
Services, Office of Recreation, or regularly utilizes any facilities
owned, operated, or maintained by City of Perth Amboy, and which has
minors participating in the sporting activities conducted by such
association or club. Sometimes "youth sports organization" may also
be referred to as "sports organization" or "sports team."
A.Â
Every youth sports organization shall be required to adopt and implement
a code of conduct incorporating, at a minimum, the provisions of this
article.
B.Â
The parents or guardians of each child participating in a youth sports
organization shall be required by such organization to sign an agreement
acknowledging that they have received and read the youth sports organization's
code of conduct and that they agree to be bound thereby. The form
of acknowledgment shall be as indicated on the attached form designated
as Schedule A.[1] The City of Perth Amboy encourages each parent or guardian
to review the code of conduct with the child participant, as it is
expected that the child participant shall also abide by the code of
conduct.
[1]
Editor's Note: Schedule A is on file in the City offices.
C.Â
Any parent, guardian or other citizen who desires to coach or instruct
any youth sport governed by this article shall be required by the
youth sports organization to execute an agreement acknowledging receipt
of the sports organization's code of conduct and agreeing to
be bound thereby. The form of acknowledgment shall be as indicated
on the attached form as Schedule A.[2]
[2]
Editor's Note: Schedule A is on file in the City offices.
D.Â
Violations.
(1)Â
Any parent, guest, spectator, coach, participant or official at any
youth sports event shall violate the provisions of this article if
such person:
(a)Â
Verbally abuses officials, players, coaches or spectators, including,
but not limited to, the use of obscene or profane language or gestures,
or racial, ethnic, or sexual slurs;
(b)Â
Enters the field of play, court, rink, or other playing surface
during any youth sporting event for the purpose of physically or verbally
abusing or confronting coaches, players or officials;
(c)Â
Initiates a fight, scuffle, or any type of physical abuse or
threat of physical abuse toward any player, coach, official, parent,
guest or spectator; or
(d)Â
Throws or causes to be deposited any object on the field of
play, court, rink or other playing surface during any youth sports
event.
(2)Â
Any person violating this article may be banned from attendance at
all youth sports events for a period to be determined by the youth
sports organization, but for a first violation not more than 12 months
from the date of the incident. If it is determined that such person
has a subsequent offense for violating this article, such person shall
be banned from attendance at all youth sports events within the City
of Perth Amboy for at least 12 months, up to and including permanent
banishment from all youth sports events, from the date of each subsequent
incident. Such time period may be determined by the youth sports organization.
Any individual violating this article may also be subject to any other
discipline as provided for by the applicable youth sports organization's
bylaws, organizing documents, rules, regulations or code of conduct,
or by any participating league's code of conduct or rules and
regulations.
(3)Â
In addition, for any violation of this article, the youth sports
organization may also require that such person attend anger management
counseling before the violator is permitted to attend any youth sports
events, but penalties of 12 months or more shall require that such
person attend at least 12 hours of anger management counseling. The
youth sports organization may require additional hours of anger management
counseling, in its discretion. The article violator shall pay for
the cost of anger management counseling.
E.Â
Any parent, official, coach or spectator at any youth sporting event
shall be subject to the authority of all field officials, including
umpires, referees, and elected league officials, of the youth sports
organization, or the teams sponsoring the youth sporting event, or,
in the absence of such persons at a practice or instructional event,
to the authority of the coach or coaches on the premises. Such authority
shall include the authorization to direct any person or persons involved
in any incident in violation of this article or the applicable sports
organization's code of conduct to immediately remove themselves
from the premises.
The City of Perth Amboy hereby establishes a Code of Conduct
Committee, which shall be authorized to review any appeals for penalties
imposed by any youth sports organization for violations of this article.
The Code of Conduct Committee shall consist of the City Business Administrator
(or his/her designee), Chief of Police (or his/her designee) and the
Director of Human Services. The Committee shall be charged with enforcing
the provisions of the youth sports code of conduct.
A.Â
When it is determined that a person has violated this article, after
a hearing before the youth sports organization's officers, or
the organization's committee to hear code of conduct violations,
the organization shall forward a letter to such violator notifying
him or her of the date, location, and nature of the violation, as
well as the period of banning and/or other action taken in response
to such violation. The letter shall be delivered via regular and certified
mail, or by personal delivery; and if mailed, the effective date shall
be the date of mailing. Personal delivery shall be effective on delivery.
B.Â
Any person receiving such a violation notice who wishes to contest
a penalty shall appeal to the City of Perth Amboy Code of Conduct
Committee within seven calendar days of the mailing or personal delivery
date of the violation notice from the youth sports organization. The
appeal shall consist of a written request for appeal specifically
setting forth the basis of such person's contest of the notice
of violation. The request for appeal shall be delivered personally
or by regular and certified mail to the Director of Human Services
at one Olive Street, Perth Amboy, New Jersey 08861. If mailed, the
effective date of such notice shall be the date of mailing.
C.Â
Upon receipt of such an appeal, the Code of Conduct Committee shall
convene within seven days and provide an opportunity for said person
and any interested persons to appear and be heard with respect to
the occurrence of any violation and the action taken by the youth
sports organization. The youth sports organization issuing any violation
must be notified of the date and time of the hearing.
D.Â
The Code of Conduct Committee shall be authorized to hear testimony
under oath and review affidavits and such other information or documentation
relevant to the violation. The Code of Conduct Committee, by a greater
than majority vote, may sustain, overturn, or modify the penalties
imposed by the youth sports organization. The decision made by the
City Code of Conduct Committee shall be final.
E.Â
All notices of violation and banning by any youth sports organization
shall remain in effect until overturned or modified by the Code of
Conduct Committee.
F.Â
In the event any notice of violation is not appealed within seven
days of the effective date of such notice, the penalties imposed by
the youth sports organization shall become final.
G.Â
Nothing in this article shall prevent any person from filing any
municipal, criminal or civil action against any individual for a violation
of this article, nor shall it impair the ability of any participating
league from imposing any penalties it shall deem appropriate. Such
penalties imposed by the participating league may be considered by
the sports organization's Code of Conduct Committee or the City
of Perth Amboy's Code of Conduct Committee when imposing any
penalty under this article.
All ordinances or parts of ordinances inconsistent with or in
conflict with this article are hereby repealed to the extent of such
inconsistency.
If any provision of this article shall be held to be invalid
or unenforceable by a court of competent jurisdiction, any such holding
shall not invalidate any other provisions of this article, and all
remaining provisions shall remain in full force and effect.
This article shall take effect immediately upon passage, publication
and approval according to law.
