[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 160, Art. II, of the 1993 Code]
A.
No person in a public park and recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings or paving materials, water lines or
other public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers or other structures or equipment, facilities
or park property or appurtenances whatsoever, either real or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person over the age of six years
shall use the rest rooms and washrooms designated for the opposite
sex.
(3)
Dig or remove any soil, rock, sand, stones, trees,
shrubs or plants or other wood or materials or make any excavation
by tool, equipment, blasting or other means or agency.
(4)
Construct or erect any building or structure of whatever
kind, whether permanent or temporary, or run or string any public
service utility into, upon or across such lands, except on special
written permit issued hereunder.
(5)
Damage, cut, carve, transplant or remove any plant
or injure the bark or pick flowers or seed of any tree or plant, dig
in or otherwise disturb grass areas or in any other way injure the
natural beauty or usefulness of any area.
(6)
Climb any tree; walk, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purpose.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall he remove or have in his possession the young of
any wild animal or the eggs or nest or the young of any reptile or
bird. Exception to the foregoing is made in that snakes known to be
deadly poisonous or deadly reptiles may be killed on sight.
(9)
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream or other
body of water in or adjacent to any park or any tributary, stream,
storm sewer or drain flowing into such water any substance, matter
or thing, liquid or solid which will or may result in the pollution
of said waters.
(10)
Have brought in or shall dump in, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. No such refuse or
trash shall be placed in any waters in or contiguous to any park or
left anywhere on the grounds thereof, but shall be placed in the proper
receptacles where these are provided; where receptacles are not provided,
all such rubbish or waste shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere.[1]
(11)
Drive any vehicle on any area except the paved
park roads or parking areas or such areas as may on occasion be specifically
designated as temporary parking areas by the Township Committee.
[Amended 4-24-2002 by Ord. No. 2002-14]
(12)
No owner or driver shall cause or permit his/her
vehicle to stand outside of designated parking spaces, except for
a reasonable time to take up or discharge passengers or equipment.
No motor vehicle shall be parked in said park areas from 1/2 hour
after sunset until sunrise, except as otherwise permitted.
(13)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park areas.
(14)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
(15)
Ride a bicycle without reasonable regard to
the safety of others.
(16)
Leave a bicycle lying on the ground or paving
or set against trees or in any place or position where other persons
may trip over or be injured by them.
(17)
Swim, bathe or wade in any waters or waterways
in or adjacent to any park, except in such waters and at such places
as are provided therefor and in compliance with such regulations as
are herein set forth or may be hereinafter adopted; nor shall any
person frequent any waters or places customarily designated for the
purpose of swimming or bathing or congregate thereat when such activities
are prohibited by the Township Committee upon a finding that such
use of the water would be dangerous or otherwise inadvisable.
[Amended 4-24-2002 by Ord. No. 2002-14]
(18)
Frequent any waters or places designated for
the purposes of swimming or bathing or congregate thereat, except
between such hours of the day as shall be designated by the Township
Committee for such purposes for each individual site.
[Amended 4-24-2002 by Ord. No. 2002-14]
(19)
Erect, maintain, use or occupy on or in any
park area, any tent, shelter or structure of any kind, unless authorized
by permit if use so permitted there shall be an unobstructed view
into said tent, shelter, or structure from at least two sides, nor
shall any guy wire, rope or extension brace or support be connected
or fastened from any such structure to any other structure, stake,
rock or other object outside thereof.
(20)
Allow himself/herself to be so covered with
a bathing suit so as to indecently expose his or her person.
(21)
Dress or undress on any beach or in any vehicle,
toilet or other place, except in such bathing houses or structures
as may be provided for that purpose.
(22)
Bring into or operate any boat, raft or other
watercraft, whether motor powered or not, upon any waters, except
at places designated for boating by the Township Committee. Such activity
shall be in accordance with the applicable regulations as are now
or hereafter adopted.
[Amended 4-24-2002 by Ord. No. 2002-14]
(23)
Navigate, direct or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupant of any other boat.
(24)
Launch, dock or operate any boat of any kind
on any water between the closing hour of the park at night and the
opening hour of the park the following morning, nor shall any person
be on, remain on or in any boat during said closed hours of the park.
(25)
Fish in any waters except in waters designated
by the Township Committee for that use and under such regulations
and restrictions as have or may be prescribed by the Township Committee.
[Amended 4-24-2002 by Ord. No. 2002-14]
(26)
Fish in any area where bathing is permitted.
(27)
Carry or possess firearms of any description,
or air rifles, spring guns, bow and arrows, slings or any other forms
of weapons potentially inimical to wildlife and dangerous to human
safety or any instrument that can be loaded with and fire blank cartridges
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.[2]
(28)
Picnic or lunch in a place other than those
designated for that purpose. Attendants shall have the authority to
regulate the activities in such areas when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
(29)
Violate the regulation that use of individual
fireplaces, together with tables and benches, follows the generally
accepted rule of first come, first served.
(30)
Use any portion of the picnic area or any of
the buildings or structures therein for the purpose of holding picnics
to the exclusion of other persons, unless provided for by permit,
nor shall any persons use such areas and facilities for an unreasonable
time if the facilities are crowded.
(31)
Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles
where provided. If no such trash receptacles are available, then trash
shall be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
(32)
Set up tents, shacks or any other temporary
shelter for the purpose of overnight camping; nor shall any person
leave in a park after closing hours any movable structure or special
vehicle to be used or that could be used for such purpose, such as
house trailer, camp trailer, camp wagon or the like, except in those
areas designated by the Township Committee for those purposes.
[Amended 4-24-2002 by Ord. No. 2002-14]
(33)
Take part in or abet the playing of any games
involving thrown or otherwise propelled objects, such as balls, stones,
arrows, javelins, horseshoes, quoits or model airplanes, except in
those areas set apart for such forms of recreation. The playing of
rough or comparatively dangerous games, such as football, baseball
and lacrosse, is prohibited except on the fields and courts or areas
provided therefor. Roller-skating shall be confined to those areas
specifically designed for such pastime.
(34)
Ride a horse except on designated bridle trails;
where permitted, horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
(35)
Parking restrictions at Manalapan Recreation
Center:
[Amended 10-26-1994 by Ord. No. 94-21]
(a)
Parking shall be completely prohibited on the
main road running through the Manalapan Township Recreation Center.
(b)
Parking shall be permitted in designated parking
areas only.
(c)
No parking shall be permitted on nonpaved areas
inside the Manalapan Recreation Center unless otherwise instructed
by a police officer or Manalapan Recreation Center supervisor.
(d)
There shall be no parking in or along any entrance
to any parking area in the Manalapan Recreation Center.
(e)
All vehicles shall be parked within a single
designated parking space as indicated by marked lines on the surface
on the parking area or unless otherwise instructed by a police officer
or Manalapan Recreation Center supervisor.
(f)
Parking for the handicapped shall be designated
and established in accordance with N.J.S.A. 39:4-197 et seq. No parking
shall be permitted by persons in handicap spaces without the appropriate
identification as provided by law.
(g)
No vehicle shall park in any space designated
for "Official Use Only," unless so authorized by the Manalapan Recreation
Center supervisor.
(36)
Use, operate, drive, ride in or upon, or permit
the use, operation, driving or riding of, a recreational motor vehicle.
[Added 6-11-2008 by Ord. No. 2008-10]
(a)
PUBLIC PARK AND RECREATION AREAS
RECREATIONAL MOTOR VEHICLES
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
For purposes of the within subsection, “public park
and recreation areas” shall include all parks, recreational
facilities, or areas or playground areas owned or controlled by the
Township of Manalapan.
All vehicles propelled by means other than human muscular
powers, which are used primarily for recreational purposes, including,
but not limited to, motorized bicycles, mopeds, all-terrain vehicles
(ATVs), go-carts, motorized dirt bikes, dune buggies, motor scooters,
off-road vehicles, and snow mobiles.
(b)
Exceptions.
[1]
Operation of a recreational motor vehicle by
a person unable to ambulate/move without the assistance from another
person, a cane, crutches, a walker, a wheelchair, or other similar
device/equipment shall not be deemed a violation of the within provision,
when such recreational motor vehicle is being utilized for such ambulatory
assistance.
[2]
It shall not be unlawful for any employee of
the Township of Manalapan to operate a recreational motor vehicle
as defined herein for the purpose of maintaining the public park and
recreation areas, repairing the public park and recreation area, or
performing any other public work within the scope of his/her public
employment.
(c)
Violations and penalties. In addition to the penalty provisions set forth in § 163-3, the Municipal Judge shall also have the authority to require any offender to repair/restore any damage caused by violation of the within section (and/or otherwise require the offender to reimburse the Township of Manalapan for its costs in having the public parks/recreation areas restored to the predisturbed condition).
While in a public park or recreation area, all
persons shall conduct themselves in a proper and orderly manner, and
in particular, no person shall:
A.
Bring alcoholic beverages or drink same at any time
while in a public park or recreation area.
[Amended 6-24-2009 by Ord. No. 2009-14]
B.
Have in his possession or set or otherwise cause to
explode or discharge or burn any firecrackers, torpedo rockets or
other fireworks, firecrackers or explosives of flammable material
or discharge them or throw them into such areas from lands or highways
adjacent thereto. This prohibition includes any substance, compound,
mixture or article that in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints.
At the discretion of the Township Committee, permits may be given
for conducting properly supervised fireworks in designated park areas.
[Amended 4-24-2002 by Ord. No. 2002-14]
C.
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the Recreation Commission with
signs indicating "NO PETS" or "NO PETS PERMITTED." Nothing herein
shall be construed as permitting the running of dogs at large. All
dogs in those areas where such animals are permitted shall be restrained
at all times on adequate leashes not greater than six feet in length.
D.
Occupy any seat or bench or enter into or loiter or
remain in any pavilion or any other park structure or section thereof
which may be reserved and designated by the Township Committee for
the use of the opposite sex. Exception is made for children under
six years of age.
[Amended 4-24-2002 by Ord. No. 2002-14]
E.
Appear at any place in other than proper clothing.
F.
Solicit alms or contributions for any purpose, whether
public or private, unless by approved permit.
G.
Build or attempt to build a fire except in such areas
and under such regulations as may be designated by the Township Committee.
No persons shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other inflammable material
within any park or on any highways, roads or streets abutting or contiguous
thereto.
[Amended 4-24-2002 by Ord. No. 2002-14]
H.
Enter an area posted as closed to the public, nor
shall any person use or abet in the use of any area in violation of
posted notices.
I.
Gamble or participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Township Committee.
[Amended 4-24-2002 by Ord. No. 2002-14]
J.
Go onto the ice on any of the waters except such areas
as are designated as skating fields, and provided that a safety signal
is displayed.
K.
Sleep or protractedly lounge on the seats or benches
or other areas or engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace.
L.
Fail to produce and exhibit any permit from the Township
Committee he/she claims to have upon request of any authorized person
who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
[Amended 4-24-2002 by Ord. No. 2002-14]
M.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
N.
Expose or offer for sale any article or thing; nor
shall he/she station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Township Committee.
[Amended 4-24-2002 by Ord. No. 2002-14]
O.
Paste, glue, tack or otherwise post any sign, placard,
advertisement or inscription whatsoever; nor shall any person erect
or cause to be erected any sign whatever on any public lands or highways
or roads adjacent to a park.
[Amended 4-24-2002 by Ord. No. 2002-14]
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information and shall be determined from
time to time by resolution of the Township Committee.
B.
Any section or part of any park may be declared closed
to the public by the Township Committee at any time and for any interval
of time, either temporarily or at regular and stated intervals (daily
or otherwise) and either entirely or merely to certain uses, as the
Township Committee shall find reasonably necessary.
[Amended 4-24-2002 by Ord. No. 2002-14]
Permits for special events in parks shall be
obtained by application to the Recreation Director after consultation
with the Recreation Advisory Committee in accordance with the following:
A.
A person seeking issuance of a permit thereunder shall
file an application with the Recreation Director stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association sponsoring the activity; if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which the permit is
desired.
(5)
Any other information which the Recreation Director
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Recreation
Director shall include the following findings:
(1)
That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2)
That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(3)
That the proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the Township.
(5)
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C.
Appeal.
(1)
Within 14 days after the receipt of an application,
the Parks and Recreation Department shall apprise an applicant, in
writing, of its reasons for refusing a permit, and any aggrieved person
shall have the right to appeal to the Recreation Advisory Committee
by serving written notice thereof on the Parks and Recreation Director
within five days of said refusal.
(2)
A copy of said notice shall also be served on the Recreation Advisory Committee, and said Committee shall forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the decision of the Recreation Advisory Committee within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Township Committee shall be final.
(3)
The Township and Recreation Advisory Committees shall
schedule appeal hearings not later than their next regularly scheduled
meeting.
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permits.
E.
The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of negligence of the person or persons to whom
such permit shall have been issued. The Director shall have the right
to require any permittee to submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities in such amounts as may be from time to time
determined by the Recreation Advisory Committee prior to the commencement
of any activity or issuance of any permit.
F.
Revocation. The Recreation Director shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance or upon good cause shown.
A.
The Recreation Director and such other persons as
he may designate shall, in connection with his duties imposed by law,
diligently enforce the provisions of this article.
[Amended 4-24-2002 by Ord. No. 2002-14]
B.
The Recreation Director and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this article.
[Amended 4-24-2002 by Ord. No. 2002-14]
C.
The Recreation Director and/or his designee may upon
notice to any person request that said person leave the park area
and/or eject said person for violation of this chapter.
[Amended 4-24-2002 by Ord. No. 2002-14]
D.
This article shall also be enforced by the Police
Department of the Township.
The Township of Manalapan reserves the right
with respect to any and all of the public park and recreation areas
and any facilities located therein to enter into any agreement with
the Boards of Education of Englishtown-Manalapan Township and the
Freehold Regional Board of Education concerning the control and use
of parks and recreation areas.
Any person violating any of the provisions of
this article or any rule or regulation promulgated pursuant thereto
shall, upon conviction, be subject to the replacement, repair or restoration
of any damaged park property and shall be subject to a fine not exceeding
$1,000 and in default of payment thereof may be sentenced to imprisonment
in the county jail, in the discretion of the Judge for a term not
exceeding 90 days.
This chapter is in addition to and not in derogation
of any other ordinance involving or affecting any of the subject matters
contained in this chapter.
