[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 8-4-2004 by Ord. No. 25-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Advisory Committee — See Ch. 7, Art. VIII.
Alcoholic beverages — See Ch. 82.
Drug-Free School Zones and public property — See Ch. 136.
As used in this chapter, the following terms shall have the meanings indicated:
CODE OF CONDUCT
A written specification of the behavior of the parents, guardians, coaches and officials prepared by each sports activity, which must at the minimum incorporate the terms of the within chapter and must be consented to in writing by the parents and legal guardians of the minor participants, coaches and other adults and children participating in an official capacity in each youth sports activity.
COMMITTEE
The Eatontown Athletic Advisory Committee.
YOUTH SPORTS EVENT
Any competition, practice or instructional event involving one or more youth sports activities, sponsored by the Borough Recreation Department.
YOUTH SPORTS ACTIVITY
Any sports organization pursuant to a Borough-sponsored charter which is affiliated with or receives monetary or other support or services from the Borough of Eatontown and is registered with the Borough Recreation Department and utilizes any facilities owned, operated or maintained by the Borough, which sports organization participates in sporting competitions involving minors.
PARTICIPANT
One who is authorized to take part in the youth sports activity or youth sports event.
GUEST
A patron or invited visitor of the youth sports activity or youth sports event.
SPECTATOR
One who views or observes a youth sports activity or youth sports event.
OFFICIAL
One who holds a position of authority to regulate, rule upon or control the youth sports activity or youth sports event.
SUSPENSION
Removal from a particular youth sports event or activity for which the violation occurred.
BAN
Prohibition from participating or attending future youth sports events or activities.
A. 
Each youth sports activity and each participant or parent or legal guardian of said participant where the participant is a minor and all adults participating in some official capacity, including but not limited to coaches, umpires or referees and other officials and participants, shall be required to follow the Code of Conduct as set forth more fully below and sign a pledge listing the Code of Conduct listed below and agreeing to conform conduct to the Code of Conduct and be subject to disciplinary action for violations. In addition, guests and spectators shall be subject to Subsection B below. The Code of Conduct followed by the Borough of Eatontown shall be as follows:
(1) 
Participants shall not engage in any unsportsmanlike conduct with any coach, parent, player, participant, official or any other attendee.
(2) 
Participants shall encourage children and other persons and participants not to engage in unsportsmanlike conduct by any coach, parent or player, participant, official or any other attendee.
(3) 
Participants shall not engage in any behavior which would endanger the health, safety or welfare of any coach, parent, player, participant, official or any other attendee.
(4) 
Participants shall not encourage any child or any other person to engage in any behavior which would endanger the health, safety or well-being of any coach, parent, player, participant, official or any other attendee.
(5) 
Participants shall not use drugs or alcohol while at a youth sports event and will not attend, coach, officiate or participate in a youth sports event while under the influence of drugs or alcohol.
(6) 
Participants shall not permit any child or encourage any other person to use drugs or alcohol at a youth sports event and will not permit any child or encourage any other person to attend, coach, officiate or participate in a youth sports event while under the influence of drugs or alcohol.
(7) 
Participants shall not engage in the use of profanity.
(8) 
Participants shall not encourage any child or any other person to engage in the use of profanity.
(9) 
Participants shall treat any coach, parent, player, participant, official or any other attendee with respect regardless of race, creed, color, national origin, sexual orientation or ability.
(10) 
Participants shall encourage children to treat any coach, parent, player, participant, official or any attendee with respect regardless of race, creed, color, national origin, sexual orientation or ability.
(11) 
Participants shall not engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
(12) 
Participants shall not encourage any child or any other person to engage in verbal or physical threats or abuse aimed at any coach, parent, player, participant, official or any other attendee.
(13) 
Participants shall not initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
(14) 
Participants shall not encourage any child or any other person to initiate a fight or scuffle with any coach, parent, player, participant, official or any other attendee.
B. 
Guests, spectators and other parties present at youth sports events who would not normally sign the pledge or did not sign the pledge set forth above are still prohibited from participating in fights, scuffles, or any type of physical or verbal abuse or threats towards participants, coaches, officials or one another and are subject to sanctions set forth more fully below.
[1]
Editor's Note: Former § 326-3, Eatontown Athletic Advisory Committee; creation; purpose; membership, was repealed 2-22-2023 by Ord. No. 08-2023.
[Amended 2-22-2023 by Ord. No. 08-2023]
A. 
The Director of Recreation or their designee, as well as other individuals such as umpires, referees and elected league officials who are allowed to provide temporary, limited and immediate enforcement as set forth more fully below, should impose sanctions in a progressive fashion depending on the severity of the offense, providing verbal and/or written warnings where appropriate and possible prior to suspensions and bans depending upon the severity of the offense and the existence of a continued violation.
B. 
Any parent or guardian, participant, player, guest, spectator, coach or official at any youth sports event who initiates a fight, scuffle or any type of physical abuse or threats of abuse towards any participant, player, coach, official, parent, guardian or spectator may be subject to a verbal and/or written warning, a suspension from the particular youth sports event in attendance or may be banned from attendance at all youth sports events within the Borough of Eatontown for a period not exceeding 12 months from the date of the incident, subject to further conditions of anger management counseling as set forth more fully below and/or other disciplinary actions allowed by ordinance.
C. 
Any parent or guardian, participant, player, guest, spectator, coach or official at any youth sports event who verbally abuses officials, participants, coaches, players or spectators, including the use of obscene or profane language or jesters, racial, ethnic or sexual slurs, may be subject to a verbal and/or written warning or, in severe cases, suspended from the subject event and/or banned from attendance at all youth events for a period not exceeding 12 months from the date of the incident, subject to conditions of anger management counseling as set forth more fully below and/or other disciplinary actions allowed by ordinance.
D. 
Any parent or guardian, participant, player, guest, spectator or official at any youth sports event who throws or causes to be deposited any object on the field of play, court or rink during any youth sports event may be suspended from the subject event and/or banned from attendance at all youth events for a period not exceeding 12 months from the date of the incident, subject to conditions of anger management counseling as set forth more fully below and/or other disciplinary actions allowed by ordinance.
E. 
Any parent or guardian, participant, player, official, coach or spectator at any youth sporting event shall be subject to the authority of all field officials, including umpires, referees and elected or appointed league officials or coaches of the youth sports activity. This authority shall also include any youth teams, practice or instructional event, and such authority shall include the authorization to direct any persons involved in any incident in violation of this chapter or applicable Code of Conduct to immediately remove themselves from the premises.
F. 
Any parent or guardian, participant, player, official, coach or spectator who violates one or more of the provisions contained in the Code of Conduct, either during the same event, or separate events, may be banned from attending, coaching, officiating, participating in any youth sports events within the Borough of Eatontown for a period not exceeding 12 months from the decision of the Director of Recreation or their designee if the person:
(1) 
Has been issued a prior written warning for violating one or more of the provisions contained in the Code of Conduct; or
(2) 
Violates the Code of Conduct by engaging in verbal or physical threats or abuse aimed at any coach, parent, guardian, player, participant, official or any other attendee, guest, or spectator; or
(3) 
Violates the Code of Conduct by initiating a fight or scuffle with any coach, parent, guardian, player, participant, official or any other attendee, guest, or spectator.
G. 
Any parent or guardian, official, coach or spectator 18 years of age or older who is suspended from a youth sporting event and/or removed from the premises and/or banned from youth sports events for violations of the Code of Conduct for whatever time shall be required to complete anger management or an equivalent counseling program consisting of not less than 12 hours of instruction prior to being allowed to attend future youth sports events and shall provide proof of satisfactory completion to the Director of Recreation or their designee.
H. 
Any person 17 years of age or younger who is suspended from a youth sports event and/or removed from the premises and/or banned from a youth sports events in violation of the Code of Conduct shall be required to complete an anger management or equivalent counseling program consisting of not less than six hours of instruction prior to being allowed to attend future youth sports events and shall provide proof of satisfactory completion to the Director of Recreation or their designee.
I. 
An anger management counseling program shall, at a minimum, offer services to individuals, singly or in groups, for purposes of providing anger control principles and shall be administered by an individual:
(1) 
Licensed as a professional counselor pursuant to the provisions of the Professional Counselor Licensing Act, N.J.S.A. 45:8B-33 et seq.; or
(2) 
Licensed as a practicing psychologist pursuant to the provisions of the Practicing Psychology Licensing Act, N.J.S.A. 45:14B-1 et seq.
J. 
Nothing contained in this chapter shall prohibit the Director of Recreation or their designee from requiring a person to complete an anger management counseling program at his or her expense as a condition of not being banned from youth sports events or as a condition in reducing the length of such a ban.
K. 
Conditions on termination of bans.
(1) 
In regards to all disciplinary actions taken by the Director of Recreation or their designee, the termination of all bans shall be subject to the following three conditions, which can also serve as disciplinary requirements by the Director of Recreation in lieu of bans or as part of the decision in reducing the length of a ban:
(a) 
Any person subject to a ban shall, and in the case of other disciplinary actions may, be required to request permission to resume participation for attendance at youth sports activities which were a subject of the ban or other disciplinary action;
(b) 
Any person subject to a ban shall, and in the case of other disciplinary actions may, be required to provide a written apology to the Director of Recreation or their designee which issued the ban or disciplinary decision and to the person or persons who were the subject of the behavior which constituted the violation of the Code of Conduct as directed by the Director of Recreation or their designee;
(c) 
Any person subject to a ban shall, and in the case of other disciplinary actions may, as set forth fully in this chapter, be subject to an anger management counseling program prior to being allowed to continue attending youth sports activities.
(2) 
Any person subject to a ban or other disciplinary actions may also be subject to other requirements set forth more fully by the Director of Recreation or their designee.
L. 
Temporary, limited and immediate enforcement allowed by umpires, referees and Borough recreation supervisors includes verbal and/or written warnings, suspension from participation in part or all of the current event or game or removal from the premises for part or all of the event or game.
M. 
Bans in excess of 12 months shall be permitted where the violator committed a felony or indictable offense or the equivalent thereof as part of his violation of this chapter as determined by the Recreation Director or their designee or was subject to two or more prior bans in separate disciplinary actions at separate youth sports event.
[Amended 2-22-2023 by Ord. No. 08-2023]
A. 
Upon determination by the Recreation Director or their designee that a parent, guardian, participant, player, guest, spectator, coach or official at any youth sports event sponsored by such youth sports has violated a provision of this chapter or Code of Conduct of the youth sports activity, the Recreation Director or their designee shall forward to such violator a notice via regular and certified mail identifying the date, location, nature of the violation, period of proposed banning or other action to be taken in response to such violation.
B. 
Any parent, guardian, participant, player, official, coach or spectator at a youth sports event who believes that a violation of this chapter or Code of Conduct has been violated shall forward his or her name, address, phone number and violation of ordinance, date, and location of violation and nature of the violation to the Recreation Director or their designee. The Recreation Director or their designee will then investigate the incident and, upon determination by the Recreation Director or their designee, such official shall forward to such violator a notice via regular and certified mail indicating the date and location and nature of the violation, a period of proposed banning or other action to be taken in response to such violation.
C. 
Any person receiving such a notice who wishes to contest the same shall appeal to the Business Administrator within seven calendar days of the mailing of said notice by forwarding a copy of said notice with a written request for appeal specifically setting forth the basis of such person's contest of the notice of violation via personal delivery, fax or certified mail to the Business Administrator.
D. 
Upon receipt of such appeal, the Business Administrator shall schedule a hearing within seven days and provide an opportunity for said person and any interested person or persons to appear and be heard with respect to the occurrence of any violation and action taken by the Recreation Director or their designee.
E. 
The Business Administrator shall review statements, first-hand accounts and any other pertinent information or documentation relevant to the violation and may sustain, overturn or modify the notice of violation consistent with this chapter or the Code of Conduct.
F. 
Any person, while appealing his or her violation of the Code of Conduct, shall be reinstated with full rights and authority until such time as a determination and disposition of his or her appeal has been made.
G. 
All notices of violation and banning or other actions taken shall remain in effect until terminated by decision of the Business Administrator.
H. 
In the event any notice of violation is not appealed within seven days of such notice, said notice of violation and action taken by the official or the Recreation Director or their designee, including banning from youth sports events or other actions taken, shall become final.
I. 
There shall be no basis for appeal of temporary, limited and immediate enforcement by umpires, referees and the Borough Recreation Supervisor, except that such officials are also subject to the Code of Conduct.