[HISTORY: Adopted by the Township Council of the Township of Pemberton 5-15-2013 by Ord. No. 12-2013. Amendments noted where applicable.]
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.
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:
- DIRECTOR OF RECREATION AND SENIOR SERVICES
- 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.
- FISHING and HUNTING
- 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.
- PUBLIC PROPERTY AND RECREATIONAL FACILITIES
- All property owned by the Township of Pemberton and designated as available for recreational purposes, including but not limited to Mirror Lake, Little Pine Lake, the Country Lakes, the Presidential Lakes, all municipal beaches 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 Pemberton Sports Complex, Pemberton Sports Complex concession stand, Pemberton Sports Complex meeting room and the Senior Citizens Complex.
- Any person who lives in the Township of Pemberton or owns a home therein.
- SWIMMING AREA
- Those sections of Mirror Lake, Little Pine Lake, Jefferson Lakes, the lakes in Country Lakes, and the lands and beaches adjoining same, which are designated by either signs, being roped or fenced off or otherwise identified as "municipal swimming areas."
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.
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:
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.
Drugs prohibited. No controlled dangerous substance shall be permitted on any public property and recreational facility of the Township of Pemberton.
Dogs prohibited. No dogs or quadrupeds shall be allowed on any public beaches of the Township of Pemberton, except dogs trained to provide assistance to persons with disabilities or those performing geese harassment services to the Township of Pemberton.
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.
Firearms prohibited. The use of firearms by any person not authorized to possess and use same is prohibited.
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.
No license shall be issued for commercial activity on any lake or part thereof.
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.
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.
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.
Trees, grass, shrubbery and flowers regulated. No trees, grass, shrubbery and flowers shall be removed, damaged or destroyed or in any way altered.
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.
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.
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.
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:
Operating season shall begin the Saturday of Memorial Day weekend and conclude on Labor Day.
Operating hours shall be limited to 11:30 a.m. to 7:00 p.m. on weekdays and 10:30 a.m. to 6:00 p.m. on weekends.
During the operating season, the areas shall be open on a daily basis, except that Mirror Lake Beach shall be closed on Tuesdays, Presidential Lakes Beach shall be closed on Wednesdays, and Country Lakes Beach shall be closed on Thursdays. However, 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 personnel and/or budget constraints.
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.
Fishing prohibited. Fishing shall not be permitted during operation times or when such areas are actually being used for swimming and/or bathing.
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.
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.
This section shall not apply to bathing and swimming areas which are otherwise regulated in this chapter.
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.
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.
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.
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.
Fees. Fees for the use of community centers, meeting rooms and concession stands shall be as set forth in this chapter.
Recreation program fees.
The range of fees for recreation programs shall be as follows:
Nonresidents shall be charged an additional $10 per person over the resident fee for programs.
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.
Senior citizen nutrition program donation/fee (but in no event more than actual cost).
Indoor facilities use fees: Dominique Johnson Center, Country Lakes Clubhouse, BMIA Building, Nesbit Center, Nesbit concession stand, Sports Complex concession stand and Sports Complex meeting room.
Class A (donation): Pemberton Township registered nonprofit organizations, the sole purpose and mission of which is to advance schools, youth, or seniors; government agencies; and government-related agencies in Pemberton Township (i.e., PTO, neighborhood organizations, Boy and Girl Scouts).
Class B ($5 to $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).
Class C ($10 to $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.).
Class D ($20 to $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).
Class E ($50): any individual, organization or group not based in Pemberton Township.
Outdoor facilities use fees.
Additional fees. There shall be an additional fee of $10 per game for use which requires lights, except that youth recreation leagues shall pay $200 per season for use of A Field lights and field scoreboards throughout the operating season.
Facilities use insurance requirement. All individuals, groups, and organizations authorized to use Township-owned facilities under Subsection B 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.
Additional fees. Any Class A or B user shall be treated as a Class C 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.