§ 2-52. ADOPT A "SPOT" PROGRAM.
2-52.1 Purpose and Intent. The Mayor and Borough Council of the Borough of Sayreville find that the maintenance, care and beautification of the Borough's parks, public buildings, structures, facilities, recreational areas and grounds have an important positive effect upon the public health, safety and general welfare of the residents of the Borough of Sayreville. The Mayor and Borough Council further find that the increasing demand upon government to provide services in an efficient and cost effective manner necessitates that the Borough continue to explore and utilize unique and innovative methods for providing such services. The Mayor and Borough Council find and declare that it is in the best interest of all of the residents to include public-private assistance programs whenever possible in order to assist the Borough of Sayreville in providing the services of the maintenance, care and beautification of the Boroughs parks, public buildings, structures. facilities, recreational areas and grounds. The Mayor and Borough Council find that such public- private assistance programs foster and encourage a greater alliance between the government and the public.
(Ord. #538-98, § 1)
2-52.2 Definitions. The following words shall have these meanings for the purposes of this section:
Adopt means to designate a specific "Spot," "Park" or "Street" to which a Sponsor agrees to make a specified contribution for use towards the cost of maintenance, care and beautification of a Borough park, public building, structure, facility, recreational area, or other grounds or areas owned or controlled by the Borough.
Facilities means a Borough owned, leased or maintained project, property or other thing used or utilized by the Borough or the public.
Grounds means a Borough owned, leased or maintained open, outside area or property.
Park , except as otherwise set forth in any Borough ordinance, means all Borough owned, leased or maintained property which is designated in the Borough records as either open space or as a public park.
Public building means a Borough owned, leased or maintained structure, which is of a permanent nature and used or utilized by the Borough or the public.
Re-sponsorship means the first right of a sponsor to subscribe for an additional adoption period immediately following the expiration of a current term of adoption.
Recreational areas , except as otherwise set forth in any Borough ordinance, means a Borough owned, leased or maintained property which is designated in the Borough records as either open space, a park or an area established for recreational use by the public.
Sign means a publicly displayed device, board or placard which may include a detachable portion containing the sponsors name and/or logo and shall be in conformance with the standards specified by the Borough Engineer. The cost of obtaining, installing, and maintaining the sign during the term of adoption shall be borne by the Sponsor and the sign shall be a gilt from the Sponsor to the Borough of Sayreville.
Sponsor means any person, firm, entity, group, profit or non-profit organization, corporation or business that adopts a Borough park, public building, structure, facility, street, recreational area or grounds.
Spot means any public facilities or grounds, which are owned or maintained by the Borough.
Street means a publicly traveled right-of-way, highway or road which is owned or maintained by the Borough or which may be designated for the purposes herein by the Mayor and Borough Council.
Structure means any improvement which has been permanently constructed (such as a building, bridge, tower, tank or other similar type man-made improvement) which is owned, leased or maintained by the Borough and used or utilized by the Borough or the public.
(Ord. #538-98, § 2)
2-52.3 Programs Included.
a.
Adopt-A-Park. The Mayor and Borough Council may by resolution designate such parks or recreation areas in the Borough of Sayreville to be eligible for adoption.
b.
Adopt-A-Spot. The Mayor and Borough Council may by resolution designate such public facilities or grounds in the Borough of Sayreville to be eligible for adoption.
c.
Adopt-A-Street. The Mayor and Borough Council may by resolution designate such streets in the Borough of Sayreville to be eligible for adoption.
d.
Adopt-A-Structure. The Mayor and Borough Council may by resolution designate such public buildings or structures in the Borough of Sayreville to be eligible for adoption.
(Ord. #538-98, § 3)
2-52.4 Sponsorship.
a.
Potential Sponsors shall make application to the Borough Clerk to Adopt-A-Park, Adopt- A-Spot, Adopt-A-Street or Adopt-A-Structure. The application shall be forwarded to the Borough Business Administrator and the Chief of Police for review and investigation as set forth in this section. Sponsorship will be initially awarded on a first come first served basis; however, persons who reside in the Borough of Sayreville or firms, entities, groups, profit or non-profit organizations, corporations or businesses which have offices in Borough of Sayreville will be given priority over applicants which do not reside in or which do not have offices in Borough of Sayreville. Persons who reside in the County of Middlesex or firms, entities, groups, profit or non-profit organizations, corporations or businesses, which have offices in the County of Middlesex,will be given next priority following applicants which reside in or applicants which have offices in Borough of Sayreville.
b.
Only one Sponsor will be awarded for any of the designated parks, spots, streets or structures. The adoption of a designated park, spot, street or structure shall be for a period of three (3) years. Additional periods of sponsorship may be awarded following the expiration of the adoption period.
c.
No person, firm, entity, group, profit or non-profit organization, corporation or business awarded sponsorship of a designated park, spot, street or structure shall be deemed to be an employee of the Borough of Sayreville, but rather the person, firm, entity, group, profit or nonprofit organization, corporation or business shall be merely volunteers. The persons, firms, entities, groups, profit or non-profit organizations, corporations or businesses which adopt a designated park, spot, street or structure shall defend, indemnify and hold the Borough of Sayreville harmless from any negligent or careless acts which occur in the performance of any task or function under this program. The person, firm, entity, group, profit or non-profit organization, corporation or business awarded sponsorship shall furnish the Borough of Sayreville with satisfactory evidence of liability insurance coverage, naming the Borough of Sayreville as an additional insured and covering the tasks or functions required under this program.
(Ord. #538-98, § 4)
2-52.5 Review and Investigation.
a.
Upon submission of an application, Applicants will be required to submit a fee of thirty ($30.00) dollars to defer to cost associated with the Police Department background check. Applications shall be investigated by the Chief of Police or by the Chief of Police's designee. The Chief of Police or by the Chief of Police's designee shall investigate the applicant's criminal history. The Borough the results of the investigation shall be forwarded to the Borough Business Administrator. Any applicant who has been convicted of a high crime or misdemeanor or convicted of a crime involving moral turpitude shall be rejected. Any applicant who has been charged with a high crime or misdemeanor or charged with a crime involving moral turpitude, which charge is still pending at the time of the application shall be rejected, subject to the right of such applicant to re-apply in such event as such charge(s) have been dismissed or discharged or a "not guilty" finding is entered at the conclusion of any trail with respect to such charges.
b.
Applications shall be reviewed by the Borough Business Administrator and such other department heads as deemed necessary by the Borough Business Administrator. The Borough Business Administrator and department head review shall be for the purpose of ascertaining whether the person, firm, entity, group, profit or non-profit organization, corporation or business is qualified to perform the tasks or functions called for in the adoption program. The Borough Business Administrator shall also ascertain whether the person, firm, entity, group, profit or nonprofit organization, corporation or business that has requested adoption reflects a community oriented image which is consistent with existent community standards and practices and which will help promote and foster the type of wholesome image which the Borough of Sayreville seeks to portray. If it is determined that the applicant is not qualified to perform the tasks or functions called for in the adoption program or it is determined that the applicant reflects a community image which is consistent with existent community standards and practices, the Borough Business Administrator shall recommend that the application be rejected.
(Ord. #538-98, § 5)
2-52.6 Authorization by Governing Body. At the completion of the review and investigation, the Borough Business Administrator shall recommend to the Mayor and Borough Council that the applicant be permitted to adopt the park, spot, street or structure requested or that the application be rejected. The Mayor and Borough Council shall consider the Business Administrator's recommendation at their next regularly scheduled meeting. All adoptions approved by the Mayor and Borough Council shall be awarded by resolution of the Mayor and Borough Council.
(Ord. #538-98, § 6)
2-52.7 Equipment. The Borough of Sayreville shall not be obligated to supply any tools, equipment or supplies for the tasks or functions required to be performed by this program. The sponsor shall provide any and all tools, equipment or supplies.
(Ord. #538-98, § 7)
2-52.8 Enforcement.
a.
The appropriate department heads of the Borough of Sayreville shall periodically review the performance of the sponsor. In the event that the Borough department head determines that the sponsor has failed to perform the tasks or functions required by the program, the Borough department head shall report such condition to the Borough Business Administrator. The Business Administrator shall advise the sponsor in writing of any of any deficiencies. Should any sponsor evidence a pattern of non-performance or a pattern of deficiencies which are not corrected following the written notice by the Business Administrator, then in such event the Business Administrator shall recommend that the Mayor and Borough Council revoke the sponsorship.
b.
In the event that a sponsor shall be determined to have violated the requirements of subsection 2-52.5 of this section following award of the sponsorship, then in such event the Business Administrator shall recommend that the Mayor and Borough Council revoke the sponsorship.
c.
The Mayor and Borough Council shall consider the Business Administrator's recommendation for revocation of sponsorship at their next regularly scheduled meeting. The Mayor and Borough Council may revoke any sponsorship for cause by resolution of the Mayor and Borough Council. Upon revocation of any sponsorship pursuant to this section, the sponsor's sign shall be removed and the park, spot, street or structure shall be offered for adoption pursuant to subsection 2-52.4 of this section.
(Ord. #538-98, § 8)
2-52.9 Laws and Regulations. Nothing in this section shall be deemed to alter any existing rule, regulation, law statute or ordinance. Sponsorship shall not be deemed to grant or extend any additional rights, privileges or immunities unless specifically set forth herein. All requirements regarding entrance fees, hours of operation, licensing, dress codes or the prohibition of pets, alcohol, food or drink shall remain in full force and effect.
(Ord. #538-98, § 9)