[HISTORY: Adopted by the Township Council of the Township
of Pemberton 5-15-2013 by Ord. No. 12-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 64.
Amusement parks — See Ch. 68.
Curfew — See Ch. 90.
Animals — See Ch. 94.
Motorboats — See Ch. 128.
Noise — See Ch. 132.
Public nuisances — See Ch. 134.
Parades and assemblies — See Ch. 136.
Pet waste — See Ch. 143.
Smoking in public places — See Ch. 151.
Trailers and tourist camps — See Ch. 171.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 140, Parks, Playgrounds, Beaches and Recreational Areas,
adopted 3-5-1975 as Ch. II of the General Ordinances, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The Director of the Department of Recreation and Senior Services
of Pemberton Township, appointed by the Mayor with the advice and
consent of the Township Council, or the person designated by the Mayor
to perform the duties of the Director in the event that the position
is vacant.
Either the taking, pursuing or attempted taking of fish and/or
game at lawful times and in such lawful manner as may be permitted
by the State of New Jersey or its proper departments pertaining to
fish and game.
All property owned by the Township of Pemberton and designated
as available for recreational purposes, for conservation or use as
a trail, including but not limited to Mirror Lake, Little Pine Lake,
Big Pine Lake, the Country Lakes, the Presidential Lakes, Lake Pemberton,
all municipal beaches and docks within or that adjoin said lakes,
all stream banks, greenways, and natural areas adjoining and surrounding
said lakes, parks, playgrounds, tot lots, trails, and recreation centers,
including the Dominique Johnson Recreation Center, the Nesbit Recreation
Center and concession stand, the Country Lakes Recreation Center,
the BMIA Recreation Center, the Mirror Lake lifeguard building and
concession building, The Presidential Lakes Firehouse and Recreation
Center, the Pemberton Sports Complex, Pemberton Sports Complex concession
stand, Pemberton Sports Complex meeting room, the Pemberton Library,
the Pemberton Historic Trail Station and Rail Trail, and the Senior
Citizens Complex.
[Amended 7-13-2022 by Ord. No. 15-2022]
Any person who lives in the Township of Pemberton or owns
a home therein.
Those sections of Mirror Lake, Little Pine Lake, Jefferson
Lakes, the lakes in Country Lakes, and the lands and beaches adjoining
same, which are from time to time designated by the Township for use
as "municipal swimming areas."
[Amended 4-19-2023 by Ord. No. 18-2023]
A.
The Director of Recreation and Senior Services, with the approval
of the Mayor and the Business Administrator, shall promulgate a facilities
use policy, which shall include rules and regulations regarding the
use of all public property and recreational facilities, as defined
herein, procedures and costs for the use thereof, and which shall
be consistent with this chapter. The Director of Recreation and Senior
Services shall also promulgate reasonable rules and regulations for
the use of any location specifically designated by the Township as
a "dog park."
[Amended 4-19-2023 by Ord. No. 18-2023]
B.
Notwithstanding the rules and regulations outlined within the facilities use policy as set forth in Subsection A above, the following general regulations shall apply to all public property and recreational facilities within the Township:
(1)
Alcoholic beverages prohibited. No alcoholic beverages shall be consumed,
sold, used or taken onto any public property and recreational facility
of the Township of Pemberton.
(2)
Drugs prohibited. No controlled dangerous substance shall be permitted
on any public property and recreational facility of the Township of
Pemberton.
(3)
Dogs prohibited. No dogs or quadrupeds shall be allowed on any public
parks, playgrounds beaches or on any athletic field of the Township
of Pemberton, except dogs trained to provide assistance to persons
with disabilities, those performing geese harassment services to the
Township of Pemberton, or in locations specifically designated by
the Township as "dog parks.".
[Amended 8-5-2020 by Ord. No. 17-2020; 4-19-2023 by Ord. No. 18-2023]
(4)
Horseplay prohibited. No games, conduct or activities known as "horseplay"
shall be permitted on any public property and recreational facility
at any time when such games, activities or conduct are likely to endanger
or cause injuries to any person or to any property thereon.
(5)
Firearms prohibited. The use of firearms by any person not authorized
to possess and use same is prohibited.
(6)
Business regulated. The conduct or operation of any business or commercial
activity shall be prohibited unless a license has been obtained upon
application to and authorization by the Township Council, as limited
hereby.
(a)
No license shall be issued for commercial activity on any lake
or part thereof.
(b)
A license shall be issued only upon submission of proof that
the proposed operation is incidental to the permitted recreational
use of the property sought to be licensed, will promote such recreational
use, and will not be objectionable by reason of noise, odor or any
other condition becoming or likely to become a nuisance.
(c)
The limitations and/or prohibitions set forth in this subsection
shall not apply to events conducted by the Department of Recreation
and Senior Services and/or events sponsored in whole or in part by
the Township, in which case the express permission of the Director
of the Department of Recreation and Senior Services shall be required.
(7)
Debris and refuse prohibited. No paper, debris, cans, refuse or any
other material or property shall be left or deposited in or on any
Township property except in receptacles provided by the Township for
such purposes.
(8)
Trees, grass, shrubbery and flowers regulated. No trees, grass, shrubbery
and flowers shall be removed, damaged or destroyed or in any way altered.
(9)
Parking and driving regulated. Parking shall be prohibited on Township
property except on areas expressly designated for parking in accordance
with applicable law and/or Township ordinance. No person shall drive
any motor vehicle, including but not limited to automobiles, trucks,
motorcycles, minibikes, motorized all-terrain vehicles, or similar
apparatus, on or in any Township property except the paved park roads,
designated parking areas or such areas as may, on occasion, be designated
as temporary parking and/or driving areas.
(10)
Construction regulated. Any and all construction on public property
shall be prohibited except as authorized by applicable law. This prohibition
shall not apply to improvements and/or maintenance of public property
performed by, or on behalf of, the Township of Pemberton.
(11)
Property damage. No person shall willfully or negligently mark,
deface, disfigure, injure, tamper with, displace or remove any buildings,
tables, benches, railings, paving, paving material, public utilities,
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, or monuments, or remove stake posts or other
batter markers or other structures or equipment, facilities or park
property whatsoever, either real or personal.
C.
In addition to the areas so designated herein, the Director of Recreation and Senior Services may establish bicycle-free and/or skateboard-free zones on any Township property used for recreational purposes. At all municipal beaches designated as a municipal swimming area under § 140-3 of the Code, there shall be established a bicycle-free/skateboard-free zone which shall span the entire block and lot so designated for such purposes including any structures within the delineated swimming area or situated at such beach. The Director of Recreation and Senior Services may establish a bicycle-free and/or skateboard-free zone around any concession stand or playground area with a perimeter of up to 150 feet from the building or edge of the playground surface.
[Added 7-13-2022 by Ord. No. 15-2022]
D.
For any
Township property that is designated for conservation purposes, the
Director of Recreation and Senior Services may preclude any and all
public access to specific parcels or portions thereof based upon the
characteristics of any particular parcel taking into account the location
of the parcel and its proximity to dwellings, the existence of any
threatened or endangered species seen or appearing to inhabit the
property, the presence of threatened or endangered native plants or
fauna, or other topographical considerations such as the presence
of wetlands or a pattern of misuse of the property evidenced by litter,
damage to trails or paths, damage to native plants of fauna or other
conditions as observed or reported.
[Added 7-13-2022 by Ord. No. 15-2022]
A.
Operation times. Bathing beaches and swimming areas shall be designated
for supervised bathing and swimming. The privilege of bathing and
swimming in the designated areas shall be limited as follows:
[Amended 4-19-2023 by Ord. No. 18-2023]
(1)
The operating season shall begin the Saturday of Memorial Day weekend
and conclude on Labor Day.
(2)
The Director of Recreation and Senior Services, in consultation with
the Township Administration, shall establish operating hours starting
no earlier than 11:30 a.m. to no later than 7:00 p.m. on weekdays
and no earlier than 10:30 a.m. to no later than 6:00 p.m. on weekends.
(3)
During the operating season, swimming areas shall be open on a daily
basis, according to the hours and at locations established by the
Director of Recreation and Senior Services, subject to suitable weather,
the availability of adequate staffing and budgetary constraints. Once
established for the season, operating days and hours may be modified
by the Director of Recreation and Senior Services with the express
approval of the Business Administrator or the Mayor due to weather,
personnel and/or budget constraints.
(4)
No person shall jump or dive into any lake, pond or other body of
water from any bridge, dam or other structure designed for vehicular
or pedestrian use across or adjacent to any body of water except for
specifically designated diving areas or municipally supervised beaches.
B.
Fishing prohibited. Fishing shall not be permitted during operation
times or when such areas are actually being used for swimming and/or
bathing.
C.
Boats prohibited. No boats of any type shall be permitted during
operation times or when such areas are actually being used for swimming
and/or bathing. This prohibition shall not apply to boats that are
a part of Department of Recreation and Senior Services' sponsored
activities.
D.
Clothes changing limited. No changing of clothes either to or from
swimming attire shall be permitted except where designated by the
Director of Recreation and Senior Services.
A.
This section shall not apply to bathing and swimming areas which
are otherwise regulated in this chapter.
B.
Operating hours. Operating hours for outdoor parks and park property
without lights shall be dawn to dusk. Outdoor parks and park property
with Township-controlled lights shall close at 10:00 p.m.
C.
The limitations on operating hours shall not apply to events, programs
and/or activities conducted by the Department of Recreation and Senior
Services or otherwise sponsored by the Township.
A.
Operating hours. Operating hours shall be established by the Director
of Recreation and Senior Services, subject to the approval of the
Mayor and/or the Business Administrator and the availability of funds
sufficient to permit the established hours.
B.
Facilities use regulations. All persons and/or organizations using
Township-owned facilities shall be subject to the policies and regulations
promulgated by the Director of Recreation and Senior Services, as
approved by the Mayor and/or the Business Administrator, a copy of
which shall be filed in the office of the Township Clerk and posted
on the Township of Pemberton home page.
C.
Fees. Fees for the use of community centers, meeting rooms and concession
stands shall be as set forth in this chapter.
[Amended 4-19-2023 by Ord. No. 18-2023]
A.
Recreation program fees.
(1)
The range of fees for recreation programs shall be as follows:
|
Program
|
Fee
|
|---|---|
|
Elementary summer recreation program
|
$90 to $700 per child
|
|
Summer basketball program
|
$10 to $100 per person
|
|
Summer basketball camp
|
$20 to $200 per person
|
|
Adult exercise programs
|
$30 to $150 per person (price dependent upon length of program
and number of days per week, per program)
|
|
Senior citizen exercise programs
|
$1 to $50 per person
|
|
Youth flag football
|
$35 to $100 per child
|
|
Youth and adult karate program
|
$35 to $120 per person
|
|
Youth indoor soccer
|
$35 to $100 per child
|
|
Adult athletic programs
|
$30 to $100 per adult; $45 to $190 per couple
|
|
Elementary summer recreation program
|
$90 to $700 per child
|
|
Youth swimming lessons
|
$5 to $100 per person per session
|
|
Basketball tournament
|
$175 to $250 per team
|
|
Youth/adult tennis lessons
|
Free to $100 per person per session
|
|
Track camp and meet
|
$30 to $100 per child
|
|
Fall foliage kayak tour
|
$50 to $60 per person
|
|
Sailing/kayak/canoe lessons
|
$35 to $100 per person
|
|
Babysitting certification course
|
$20 to $50 per person
|
|
Youth spinning/nutrition class
|
$35 to $100 per person
|
|
Life skills class
|
$5 to $100 per person
|
|
Photography class
|
$35 to $100 per person
|
|
Picnic basket rental
|
$25 to $50 per day
|
|
Middle school summer program
|
$90 to $700 per child
|
|
Field trip program
|
$80 to $400 per child
|
|
Effective bicycling program
|
$30 to $100 per person
|
|
Dance program
|
$30 to $100 per person
|
|
Spring break camp
|
$100 to $200 per child
|
|
Youth softball program
|
$40 to $120 per child
|
|
Wiffleball tournament
|
$50 to $150 per team
|
|
Softball tournament
|
$150 to $350 per team (price dependent upon number of teams
registered and expenses per tournament)
|
|
Preschool exercise/tumbling program
|
$40 to $100 per child
|
|
Preschool craft/creative program
|
$30 to $100 per child
|
|
Fitness boot camp (6-12 week program)
|
$35 to $150 per person (price dependent upon length of program
and number of days per week, per program)
|
|
Geocaching program
|
Free to $500 (program cost or deposit on system)
|
|
Senior Center programs
|
Free to $50 per person
|
|
Computer programs
|
$40 to $250 per person
|
|
Mirror Lake concession stand
|
$0.50 to $10 per product/combo (new service - prices dependent
upon product purchased)
|
|
Future unanticipated programs
|
Range of $1 to $350 (price dependent upon length of program
and number of days per week, per program) $30 to $125 per person
|
|
Pickelball tournament
|
(2)
Nonresidents shall be charged an additional $10 per person over the
resident fee for programs.
(3)
For the elementary summer recreation program and middle school recreation
program, families registering three or more children shall have the
per-child fee reduced by $20 for the third and additional children.
(4)
Senior citizen nutrition program donation/fee (but in no event more
than actual cost).
|
Participant
|
Range
|
|---|---|
|
Residents
|
$2 - $8
|
|
Nonresidents
|
$4 - $12
|
(5)
Vendor table space rental at Township-sponsored events.
B.
Indoor facilities use fees: Dominique Johnson Center, Country Lakes
Clubhouse, BMIA Building, Presidential Lakes Recreation Center, Nesbit
Center, Nesbit concession stand, Sports Complex concession stand and
Sports Complex meeting room.
(1)
Class A (donation): Pemberton Township registered nonprofit organizations,
the sole purpose and mission of which is to advance Pemberton Township
schools, youths, veterans or seniors; government agencies; and government-related
agencies in Pemberton Township (i.e., PTO, neighborhood organizations,
Boy and Girl Scouts). For the purposes of this section, a "Pemberton
Township registered nonprofit organization" is an organization with
its principal place of business in Pemberton Township.
(2)
Class B ($10 per hour): any organization, the sole purpose of which
is the social, civic, or charitable benefit of Pemberton Township
as a community and which collects annual and/or meeting dues (i.e.,
Lions Club, Rotary Club).
(3)
Class C ($15 per hour): any organization based in Pemberton Township,
the sole purpose of which is to further national or international
welfare (i.e., political groups, Cancer Society, Heart Fund, etc.).
(4)
Class D ($30 per hour): any Pemberton Township organization or Pemberton
Township resident that does not fall into Class A, B, or C as described
herein (i.e., organization does not have nonprofit legal status, social
group, private club, any group notwithstanding nonprofit that regularly
collects and/or receives dues, fees, or donations).
(5)
Class E ($50): any individual, organization or group not based in
Pemberton Township.
(6)
In addition to the above captioned user fees, the following additional
charges are required for all Class D and Class E single use events:
C.
Outdoor facilities use fees.
(2)
Tournament/daily use.
(3)
Additional fees. There shall be an additional fee of $25 for use
which requires field lights, except that youth recreation leagues
shall pay $250 per season for use of field lights and field scoreboards
throughout the operating season.
D.
Facilities use insurance requirement. All individuals, groups, and organizations authorized to use Township-owned facilities under Subsections B and C above shall, as a condition precedent to authorized use, provide a certificate of insurance for liability coverage identifying the Township as an additional named insured in an amount no less than $1,000,000.
E.
Additional fees. Any Class A, B or C user shall be treated as a Class
E user for purposes of fees if said user receives or collects fees
(i.e., raffles, entry fees, lotteries, etc.) from participants at
the event or meeting.
Any person, firm, corporation, association or legal party who
violates any one or more of the provisions of this chapter shall be
subject to a fine of not more than $2,000 or to a period of imprisonment
not to exceed 90 days or to a period of community service not to exceed
90 days, or any combination thereof, for each separate offense. In
the case of a continuing violation or violations, such penalties may
be assessed for each day that the violation or violations continue
unabated, until such time as the violation or violations are corrected.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Added 7-13-2022 by Ord. No. 15-2022]
The provisions of this chapter shall be enforced by the Pemberton
Township Police Department.
