[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-18-1979 by Ord. No. 976 (Ch.
16, Part 1, of the 1996 Code)]
[Amended 10-6-1986 by Ord. No. 11-86]
The following areas shall be designated as parks
and recreation areas for the purpose of this article:
A.
Thompson Street: North side between Wilson Street
and Mt. Pleasant Avenue.
B.
316 Broad Street.
C.
Pennsylvania Canal: From Thompson Street to the south
Borough line.
D.
Allegheny and Main Streets: Northeast corner lot also
known as "Grieco Park." Northwest corner lot also known as "Veterans
Park."
E.
Washington Avenue: That lot designated as Redevelopment
Authority Parcel No. 34.
F.
Tomb Avenue: Junod Alley [Alley 400N] to Borough line.
[Amended 9-8-1992 by Ord. No. 10-92; 10-16-1995 by Ord. No.
7-95; 5-6-1996 by Ord. No. 4-96]
A.
No person in a public park or 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, waterlines 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 or facilities
or any park property or appurtenance 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 tree
or plant or injure the bark or pick the flowers or seeds of any tree
or plant, dig or otherwise disturb grass areas or in any other way
injure the natural beauty or usefulness of any area.
(6)
Climb any tree or sit, walk or stand upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
(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 be remove to 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 other 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,
nor shall it be 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 it shall
be properly disposed of elsewhere.
(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 areas by the Park and Recreation Board and
Borough Council.
(12)
Park a vehicle in other than an established
or designated parking area, and such shall be in accordance with posted
directions there, at and with the instruction of any attendant who
may be present.
(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 pavement
or set against a tree or in any place or position where other persons
may trip over it or be injured by it.
(17)
Carry or possess firearms of any description
or air rifles, spring guns, bows and arrows, slings or any other form
of weapon 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.
(18)
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.
(19)
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
a house trailer, camp trailer, camp wagon or the like, except in those
areas designated by the Park and Recreation Board for those purposes.
(20)
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 and skateboards shall be prohibited
on tennis facilities unless prior approval is given by Jersey Shore
Borough Council.
(21)
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.
(22)
Ride or utilize in any manner, any skateboard.
A skateboard is defined as any device that can serve as a means of
locomotion, propulsion, conveyance or transportation of person or
persons and which consists primarily of four or more wheels affixed
to a single platform or board upon which a person or persons may stand,
sit, kneel or otherwise be carried. Specifically excluded from the
definition of "skateboard" is any device which can be steered by changing
the angle of direction of the front wheels by means of a steering
wheel or steering handle.
B.
Standards for conduct. 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:
(1)
Bring alcoholic beverages or drink same at any time,
nor shall any person be under the influence of intoxicating liquor
in a park.
(2)
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 any 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 direction of the Park and Recreation Board, permits may be
given for conducting properly supervised fireworks in designated park
areas.
(3)
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the Park and Recreation Board
by signs bearing the words "Domestic Animals Prohibited in this Area."
Any person walking animals in the park areas shall be responsible
for removal of any waste deposited by the animal. Any animal in those
areas where such animals are permitted shall be restrained at all
times on adequate leashes not greater than six feet in length.
(4)
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 Park and Recreation Board
for the use of the opposite sex. Exception is made for children under
six years of age.
(5)
Appear at any place in other than proper clothing.
(6)
Solicit alms or contributions for any purpose, whether
private or public, without special permission.
(7)
Build or attempt to build a fire, except in such areas
and under such regulations as may be designated by the Park and Recreation
Board. No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other flammable materials
within any park or on any highways, roads or streets abutting or contiguous
thereto.
(8)
Enter an area posted as "Closed to Public" nor shall
any person use or abet in the use of any area in violation of posted
notices.
(9)
Gamble, or participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the Park and Recreation Board.
(10)
Sleep or lounge for protracted periods 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.
(11)
Fail to produce and exhibit any permit from
the Park and Recreation Board or Borough Council he 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.
(12)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(13)
Expose or offer for sale any article or thing,
nor shall be 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 Park and Recreation Board or Borough
Council.
(14)
Paste, glue, tack or otherwise post any sign,
placard, advertisement or inscription whatever, 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 10-16-1995 by Ord. No. 7-95]
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the hours
of 8:00 a.m. to 10:00 p.m. The opening and closing hours for each
individual park shall be posted therein for public information and
may be changed from time to time by resolution of the Park and Recreation
Board or Borough Council.
B.
Any section or part of any park may be declared to
be closed to the public by the Park and Recreation Board or Borough
Council 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 Park and Recreation Board
or Borough Council shall find reasonably necessary.
C.
The park/playground area located on Hazel Alley shall
be open to the public every day of the year during the hours of 9:00
a.m. and sundown.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
Permits for special events in parks shall be obtained
by application to the Park and Recreation Board in accordance with
the following procedure:
(1)
Applications. A person seeking issuance of a permit
hereunder shall file an application with the Park and Recreation Board
at least 30 days in advance, stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons,
corporation or association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit
is desired.
(e)
Any other information which the Park and Recreation
Board shall find reasonably necessary to a fair determination as to
whether a permit should be issued hereunder.
(2)
Standards for issuance. Standards for the issuance
of a use permit by the Park and Recreation Board shall include the
following findings:
(a)
That the proposed activity or use of the park
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(b)
That the proposed activity and use will not
unreasonably interfere with or detract from the promotion of public
health, welfare, safety and recreation.
(c)
That the proposed activities or uses that are
reasonably anticipated will not include violence, crime or disorderly
conduct.
(d)
That the proposed activity will not entail extraordinary
or burdensome expense or police operations by the Borough.
(e)
That the facilities desired have not been reserved
for other uses at the date and hour requested in the application.
B.
Denial of permit; appeal.
(1)
Within 30 days after the receipt of an application,
the Park and Recreation Board shall notify an applicant, in writing,
of its reasons for refusing a permit, and any aggrieved person shall
have the right to appeal to the Borough Council by serving written
notice thereof on the Borough Manager within five days of said refusal.
(2)
A copy of said notice shall also be served on the Park and Recreation Board within the same time and said Board shall immediately forward the application and the reasons for its refusal to the Borough Council which shall consider the application under the standards set forth under Subsection A(2) hereof and sustain or overrule the Park and Recreation Board's decision within 15 days from the receipt of the appeal by the Borough Manager. The decision of the Borough Council shall be final.
C.
Responsibility of permittee.
(1)
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.
(2)
The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person,
whatever the reason of the negligence of the person or persons to
whom such permit shall have been issued. The Park and Recreation Board
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 from
time to time be determined by the Board prior to the commencement
of any activity or the issuance of any permit.
D.
Revocation. The Park and Recreation Board or Borough
Council 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 Park and Recreation Board and park attendants
shall in connection with their duties imposed by law, diligently enforce
the provisions of this article.
B.
The Park and Recreation Board and any park attendant
shall have the authority to eject from the park area any person or
persons acting in violation of this article.
C.
The Park and Recreation Board and any park attendant
shall have the authority to seize and confiscate any property, thing
or device in the park which is used in violation of this article.
D.
This article shall also be enforced by the Police
Department of the Borough.
No owner or driver shall cause or permit his
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 between the hours
of 10:00 p.m. and 8:00 a.m. except with written permission from the
Park and Recreation Board.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not less than $25 and not exceeding $600 plus costs and, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days.
[Adopted 2-6-1989 by Ord. No. 1-89 (Ch.
16, Part 2, of the 1996 Code)]
[Amended 5-6-1996 by Ord. No. 4-96]
The gazebo located at Smith and Main Streets
shall be available to the public for utilization, provided that reservation
is made for the use thereof with the Borough Secretary of the Borough
of Jersey Shore and a permit secured from the Borough Secretary.
Reservations for utilization of the gazebo shall
be made by contacting the Borough Secretary of the Borough of Jersey
Shore, who shall grant a permit to use the same on a first-come, first-served
basis, provided that the proposed use of the gazebo by the applicant
shall be such that the Borough Secretary believes that no harm or
damage will be caused to the gazebo by such use.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person or persons utilizing the gazebo within
the Borough recreation field in the Borough of Jersey Shore without
a permit shall, upon conviction thereof, be sentenced to pay a fine
not less than $25 and not exceeding $600 and costs and, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days.
Any person or persons utilizing the gazebo within
the Borough recreation field shall pay restitution to the Borough
for any damage caused to the Borough property or the Borough facilities
and shall clean the area prior to leaving.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person or persons failing to clean the premises prior to leaving shall be subject to the same penalties as set forth in § 212-10.
Any person or persons who utilize the gazebo
within the Borough recreation area shall utilize the premises in an
"as is" condition and do waive and relinquish any and all claims against
the Borough, including claims for injuries or damages caused by the
negligence of the Borough, its agents, servants and employees. Further,
any person or persons utilizing the gazebo shall indemnify, save and
hold harmless, the Borough of Jersey Shore from any and all liability,
claims, demands, suits, actions, or attorney's fees for injuries,
whether same are for personal injury or property damage, arising out
of, or in any way connected with the utilization of the Borough property
or facilities.
