Updated as of June 2018
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367-1Creation of Board of Commissioners
General supervision and control over the maintenance, operation and regulation of the Municipal Swimming Pool of the Borough of Middlesex and all forms of recreation and playground and public entertainment activities carried on in connection therewith is hereby assigned to a Board of Commissioners, to consist of seven residents of the Borough of Middlesex.
[Amended 2-26-1980 by Ord. No. 859]
The Mayor shall appoint the seven members of the Board of Commissioners, subject to confirmation by the members of the Council. Five of the Commissioners first appointed shall be appointed for terms of one, two, three, four and five years, respectively, in such manner that the term of one Commissioner shall expire in each year. The terms of the two remaining Commissioners shall run concurrently with the Mayor and shall terminate with the term of the Mayor appointing them.
[Amended 2-26-1980 by Ord. No. 859]
The members of the Commission shall serve without compensation, but their necessary expenses shall be allowed and paid by the municipality.
The Board may select and employ such persons as may be required for operation of the pool, including a Manager, an Assistant Manager, lifeguards, clerical and office workers, instructors, a Snack Bar Manager and workers. The Board may also employ and obtain personnel to provide police protection as deemed necessary by the Board of Commissioners and the Pool Manager and such other persons as may be necessary for the safe and efficient operation of the pool.
[Amended 5-13-1975 by Ord. No. 676; 12-13-1977 by Ord. No. 777]
[Amended 3-14-1972 by Ord. No. 591; 12-11-1973 by Ord. No. 628; 5-13-1975 by Ord. No. 676; 12-13-1977 by Ord. No. 777; 2-26-1980 by Ord. No. 859; 12-8-1981 by Ord. No. 918; 6-22-1982 by Ord. No. 940; 1-26-1988 by Ord. No. 1115; 3-28-1995 by Ord. No. 1344; 2-26-2013 by Ord. No. 1822]
There shall be three types of membership:
Family membership, which shall include:
Either parents/legal guardians or either of them.
All children of such parents who are residing with them, until the age of 26.
Individual membership, which shall be available to any person who shall have reached the age of 14 years.
Senior citizen membership, which shall be available to any person who shall have reached the age of 62 years.
Membership qualifications; guests.
Membership shall normally be restricted to residents of the Borough of Middlesex. However, if the Commission determines that, as of May 1 of any year, the number of resident members is not sufficient to meet the projected financial obligations from projected revenue for that year, the Commission may accept applications for membership from nonresidents.
Proper identification shall be issued to all members and guests and shall be required for admission to the pool.
Membership shall not be transferable, and neither membership cards nor any other identification shall be used except by the persons for whom issued.
Nonmembers may be admitted to the pool for instructional purposes by arrangement of the Board or Manager.
Memberships issued shall not exceed 900, excluding senior citizen memberships, in number based upon consideration of capacity, safety, convenience and enjoyment. In computing the total of 900 memberships, an individual membership shall be counted as 1/2 rather than as one toward the total number of memberships allowed. The Board shall maintain a waiting list and fill all applications for membership strictly in order of receipt.
The Board is empowered to revoke or suspend membership in the event of members permitting unauthorized persons to use their membership cards or other identity or for furnishing false or misleading information on membership applications.
[Amended 2-24-1970 by Ord. No. 536; 3-14-1972 by Ord. No. 591; 1-23-1973 by Ord. No. 609; 12-11-1973 by Ord. No. 628; 12-13-1977 by Ord. No. 777; 4-28-1981 by Ord. No. 891; 12-8-1981 by Ord. No. 918; 1-25-1983 by Ord. No. 964; 2-27-1990 by Ord. No. 1161; 2-15-1994 by Ord. No. 1304; 2-9-1999 by Ord. No. 1455; 2-10-2004 by Ord. No. 1594; 2-9-2010 by Ord. No. 1755; 2-26-2013by Ord. No. 1822]
Fees and charges shall be as follows:
Schedule of fees.
[Amended 1-13-2015 by Ord. No. 1868]
Resident family membership: $240 per season if paid after April 15 of each year and $225 if paid prior thereto.
Resident individual membership: $160 per season if paid after April 15 of each year and $145 if paid prior thereto.
Resident senior citizen membership: $35 per season.
Nonresident family membership: $345 per season.
Nonresident individual membership: $220 per season.
Nonresident senior citizen membership: $65 per season.
Guest charges.
Weekday: $6.
Saturdays, Sundays and holidays: $8 per day.
Special weekly guest passes: $30 per week.
All fees shall be paid be the first day of full-time operation each year.
Fees for pool activities not otherwise covered in this chapter shall be determined by a 4/7 vote of the Board of Commissioners.
No refunds will be given unless there is a waiting list for membership.
The Swim Pool Commission has the authority to increase the membership fees by no more than 10% per year, with the stipulation that the rates are not raised more than 30% over the next five years.
[Added 1-13-2015 by Ord. No. 1868]
[Amended 5-13-1975 by Ord. No. 676; 3-27-1990 by Ord. No. 1164]
The pool shall be open for admission from 12:00 noon until 8:00 p.m. every day.
The manager or pool supervisor may deviate from the usual hours of operation for the purpose of conducting swimming classes, permitting swimming meets or other public events or whenever, in his opinion, prevailing conditions may affect the safe use of the pool.
367-5General rules and regulations; replacement of passes.
[Amended 2-24-1970 by Ord. No. 536; 5-13-1975 by Ord. No. 676; 3-27-1990 by Ord. No. 1164; 2-26-2013 by Ord. No. 1822]
No person in the pool area shall:
Willfully mark, disfigure, damage or remove any items of property or equipment belonging to the pool area, or any signs or notices.
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.
Dispose of litter, paper or debris except in designated trash receptacles.
Consume food or beverages except within designated areas.
Park vehicles except in designated places.
Have in his possession or consume any alcoholic beverage of any kind whatsoever.
Engage in gambling activities.
Bring any pets or animals on the premises.
Park or deposit bicycles except in bicycle stalls.
Use or park baby carriages or strollers except in designated areas.
Engage in wrestling, running, and ball playing or similar activities within the pool grounds.
Smoke on pool grounds.
Engage in rough or rowdy contact or use profane or abusive language affecting the safety, comfort and enjoyment of other persons.
Enter any pool offices or equipment building without authorization.
Disobey any posted signs or notices.
Replacement of passes.
To reissue a new individual pass, a fee of $5 will be charged.
[Amended 2-24-1970 by Ord. No. 536; 5-13-1975 by Ord. No. 676; 3-27-1990 by Ord. No. 1164]
No person shall:
Appear in bathing costume which does not conform to commonly accepted standards.
Permit infants who are not toilet-trained to be within bathing places or areas without protected diapers.
Dress or undress except in dressing rooms provided for that purpose.
Enter the pool area if he has contagious or infectious disease or condition of any nature.
Dive from lifeguard stands or from the shoulders of another person or practice diving stunts, except in the designated area or, if under the age of 15, if he has not passed the prescribed pool test.
Enter the pool unless a lifeguard is on duty.
Swim in the area reserved for diving.
Take any toys or swimming equipment whatsoever in the main pool.
Use the wading pool unless under six years of age.
Use any metal or rigid plastic toys in the wading pool.
Permit children or guests of a member to be left unattended in the pool complex.
Converse with or distract in any manner any lifeguard on duty.
Expose or offer for sale any articles or things or advertise in any manner any article or service, except when permitted by the pool manager.
Permit children under 10 years of age, or between the age of 10 and 14, if they have not passed the prescribed swimming proficiency test, to enter the pool area unaccompanied by a member over the age of 14.
Be permitted to bring a guest to the pool unless the member is 14 years of age or older; or the guest is 21 years of age or older. The member and the guest over 21 who brings a child to the pool must remain at the pool with the child and be responsible for the conduct and safety of the child. If a guest is asked to leave the premises for any pool violations, no refunds will be given and the member must leave with the guest. There are no refunds for daily admissions.
367-7Enforcement of regulations.
[Amended 2-24-1970 by Ord. No. 536; 3-27-1990 by Ord. No. 1164]
The pool manager shall enforce all rules and regulations provided in this chapter and may evict any person from the pool area for violation of any of the rules and regulations which shall be posted in a prominent place or places in the pool area.
The Municipal Magistrate shall have jurisdiction over all actions and complaints for the violation of any rule or regulation provided in this chapter. Enforcement shall be by the same proceedings and processes, and the practice for the enforcement thereof and the penalties shall be the same as that provided in the municipal ordinance pertaining to disorderly persons.
The Board of Commissioners, by a 4/7 vote, may waive any part or parts of the above rules, when the pool is used for special events, on a one- or two-day basis. Such waivers shall be made in writing to the Pool Manager at least one week in advance.
367-8Trespassing when pool is closed.
[Added 7-13-1976 by Ord. No. 726]
There shall be no trespassing on lands under the jurisdiction of the Middlesex Swim Pool Commission during those hours when the pool is closed to the public.
The penalty for violating this chapter shall be a fine not to exceed $200.
This chapter shall take effect immediately upon final passage and publication pursuant to law.
A code regulating the installation, use, operation and maintenance of public and semipublic swimming pools and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A copy of said code is annexed hereto and made a part thereof without the inclusion of the text thereof herein.
The said code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey — 1970.”
Three copies of the said “Swimming Pool Code of New Jersey — 1970” have been placed on file in the office of the Health Officer of this local Board of Health upon the introduction of this chapter and will remain on file there for use and examination by the public until final action is taken on the chapter.
450-4Violations and penalties.
Any person who violates any provision of or order promulgated under this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $100 for each violation. Each day a particular violation continues shall constitute a separate offense.
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