[Adopted 5-23-1996 as part of Ord. No. 10-1996]
The peaceful enjoyment and use of the recreation
fields and facilities of the city are a privilege offered and available
to the citizens of the city and guests, conditioned upon reasonable
decorum, conduct and behavior. Unreasonable decorum, conduct and behavior
by an individual or individuals which significantly disrupts and interferes
with the peaceful enjoyment and use of the recreation fields and facilities
by other citizens of the city and guests obliges the city to exercise
its inherent police powers to protect and preserve the public's general
health, safety and welfare. Certain unreasonable decorum, conduct
and behavior, therefore, shall be considered to be offensive actions
violative of the privilege afforded and shall subject the perpetrator
or perpetrators to the forfeiture and loss of the privilege by expulsion
from the fields and facilities by appropriate authorities.
The use of loud and repeated utterances of curse
words and profanity are declared to be offensive actions violative
of the privilege.
Threatening gestures and language intended to
or actually having an intimidating effect on others attempting to
peacefully enjoy and use the fields and facilities are declared to
be offensive actions violative of the privilege.
In addition to such criminal penalties as may
be the consequences for same, assaults and/or assaults and batteries
and drug dealings are declared to be offensive actions violative of
the privilege.
Violations of the privilege for any reason specified
above shall be grounds for expulsion of any perpetrator from the fields
and facilities. Repeat violations shall be grounds for permanent expulsion,
subject only to a hearing before City Council by any perpetrator seeking
relief from permanent expulsion.
Any perpetrator permanently expelled from the
privilege of enjoyment and use of the fields and facilities for any
of the reasons above who attempts thereafter to use the fields and
facilities may be charged as a disorderly person, or the equivalent
thereto under state statutes, and shall be subject to the penalties
for same in the Municipal Court of the city.
Except as authorized hereafter, the proper authority
for the enforcement of this Article shall be the Police Department
of the City of Somers Point. However, the Board of Recreation Commissioners
may, in such rules and regulations approved by Council by resolution
that pertain only to the forfeiture and loss of the privilege of enjoyment
and use of the fields and facilities, designate appropriate authorities
in addition to the police. Nothing herein, however, shall be construed
to remove, obviate or eliminate the enforcement authority and exercise
of police power by the police with respect to subject matters previously
authorized herein and with respect to all matters within police jurisdiction
which are authorized by any state or federal statutes or penalties
pertaining thereto.
