[HISTORY: Adopted by the Township Committee of the Township
of Montague 9-13-05 by Ord. No. 2005-17. Amendments noted where applicable.]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this ordinance shall have
the following meaning:
Information collected by criminal justice agencies concerning
persons and stored in the central repository of the New Jersey State
Police SBI, the National Crime Information Center (NCIC) or other
states' computerized repositories containing criminal history
record information consisting of identifiable descriptions and notations
of arrests, indictments, or other formal criminal charges, and any
dispositions arising therefrom, including convictions, pending court
actions, dismissals, acquittals, sentencing, correctional supervision
and release.
Any event organized within the Township of Montague organized
by the Recreation Committee where any children under the age of 18
will congregate and be present without the supervision of a parent
or guardian.
Any individual who is applying for or offering to perform
tasks in an unpaid position in a township sponsored event wherein
the tasks would involve regular contact with children without the
supervision of a parent or guardian, including but not limited to
a chaperone or bus driver;
The Recreation Committee of the township, which at times provides
programs, events and cares for children under the age of 18, shall
not allow volunteers to participate, employ or contract for the services
of an individual whose services involves regular contact with children
under the age of 18 unless the Recreation Committee has first determined
consistent with the requirements and standards herein, that no criminal
history record information exists on file in the Federal Bureau of
Investigation, Identification Division, or the State Bureau of Identification
which would disqualify that individual from participating or being
employed or utilized in such capacity or position.
An individual, except as provided in Subsection G. of this section,
shall be disqualified from employment or voluntary service if the
individual's criminal history record check reveals a record of
conviction for any crime of the first or second degree; or
A.
An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.A. 2C:24-4 and 2C:24-7, or as set forth in N.J.S.A. 9:6-1 et seq., or as set forth in N.J.S.A. 2C:29-2; or
B.
An offense involving the manufacture, transportation, sale, possession,
distribution or habitual use of a "controlled dangerous substance"
as defined in the "Comprehensive Drug Reform Act of 1987", N.J.S.A.
2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.A.
2C:36-1 et seq.; or
C.
(1)
A crime
involving the use of force or the threat of force to or upon a person
or property including, but not limited to, robbery, aggravated assault,
stalking, kidnapping, arson, manslaughter and murder; or
(2)
A crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:
Recklessly endangering another person N.J.S.A. 2C:12-2
Terroristic threats N.J.S.A. 2C:12-3
Criminal restraint N.J.S.A. 2C:13-2
Luring, enticing child into motor vehicle, structure or isolated
area P.L. 1993, c. 291
Causing or risking widespread injury or damage N.J.S.A. 2C:17-2
Criminal mischief N.J.S.A. 2C:17-3
Burglary N.J.S.A. 2C:18-2
Usury N.J.S.A. 2C:21-19
Threats and other improper influence N.J.S.A. 2C:27-3
Perjury and false swearing N.J.S.A. 2C:28-3
Resisting arrest N.J.S.A. 2C:29-2
Escape N.J.S.A. 2C:29-5; or
(3)
Conspiracy to commit or an attempt to commit any of the crimes described
in this act.
For the purposes of this chapter, a conviction exists if the
individual has at any time been convicted under the laws of this state
or under any similar statutes of the United States or any other state
for a substantially equivalent crime or other offense.
Notwithstanding the provisions of this chapter, an individual
shall not be disqualified from employment or service under this chapter
on the basis of any conviction disclosed by a criminal record check
performed pursuant to this chapter without an opportunity to challenge
the accuracy of the disqualifying criminal history record.
In the event that the Recreation Committee determines it is
unable to perform the above criminal background check prior to employing
the services of, or permitting the volunteer services of an individual,
that individual shall only be present with children under the age
of 18 with another individual who has submitted to and fulfilled the
above mentioned requirements. At no point in time, shall a person
who has not submitted to criminal history check which did not reveal
a disqualifying offense be alone with a child or children under the
age of 18 while at a township sponsored event.
The Chairman and/or his/her designee shall be charged with taking
all necessary action to effectuate the requirements and compliance
with this chapter, including but not limited to having individuals
complete the necessary application forms, processing the application,
reviewing the results of the request for information and notifying
the individual of the results of the application in a timely manner.
The Chairman and/or his/her designee shall not disclose any
criminal history record information received on any individual to
a third party other than the Mayor and Township Committee for the
sole purpose of compliance with this chapter.
Nothing contained herein shall alleviate the township's
Recreation Committee or any individual's requirements under the
law of the State of New Jersey. The within chapter is to be construed
to the law of the State of New Jersey.
Any person or individual who violates the within chapter shall
be subject to the maximum penalty permitted by law and may also be
subject to disqualification from participation or employment for township
sponsored events.
If any provision of this chapter shall be held invalid, such
invalidity shall pertain only to that specific provision or application,
and shall not affect the other provisions and applications of this
chapter, which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared
severable.
This chapter shall take effect upon final adoption and publication
in accordance with law.
