[HISTORY: Adopted by the Borough Council of the Borough of Jersey Shore as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Committee — See Ch. 71.
Swimming Pool Advisory Board — See Ch. 88.
[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.
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.