[Amended 5-6-2015 by Ord. No. Z-347; 2-1-2023 by Ord. No. B-529]
A.
There is hereby established a
Division of Parks, Recreation, and
Public Property in the Department of Parks, Recreation, and Public Works which shall operate and maintain the City's parks, athletic fields, green areas, City-owned vacant land, landscaping of City grounds and City-owned buildings with the exception of the Free Public Library, and which shall develop, operate, promote and encourage recreation programs for the children and adults in the City of Hoboken.
[Amended 12-6-2023 by Ord. No. B-623]
B.
The Division of Parks, Recreation, and Public Property shall hereinafter have the obligation to, at all times, maintain all City monuments and memorials in such a way that each City monument and memorial remains in pristine condition, is properly preserved and, as necessary, is properly restored in accordance with all applicable restoration and historic preservation guidelines. The determination of what action shall be taken to ensure proper and adequate maintenance of City monuments and memorials shall be an administrative function. City monuments and memorials include, but are not limited to, Birthplace of Baseball Monument, Civil War Memorial, Volunteer Firemen's Memorial, Marconi Monument, WW1 Embarkation Monument, WW1 Memorial, WW2 Memorial, Vietnam Memorial, Annette Illing Memorial and Living Grove Memorial Park. City monuments and memorials shall not be used for storage of any kind or unauthorized commercial purposes.
[Amended 2-1-2023 by Ord. No. B-529]
The personnel staff in the Division of Parks, Recreation, and Public Property may include clerical, operational, supervisory and managerial positions as deemed necessary within the budgetary limits established by the Council.
[Amended 12-21-2022 by Ord. No. B-515]
As used in this article, the following terms shall have the meanings indicated:
ADDITIONAL WASTE RECEPTACLE Public cans for collection of garbage or recycling in addition to those permanent waste receptacles present at the designated park facility or recreation facility, owned by the City of Hoboken, having a capacity equal to or greater than 32 gallons.
BARRICADE Steel or wooden crowd or traffic control devices, owned by the City of Hoboken, having a length equal to or greater than 6.5 feet.
BLOCK PARTY A temporary closure of one block of public right-of-way in the City of Hoboken on a weekend day during the hours of 10:00 a.m. to 8:00 p.m. for the purposes of enjoyment by the property owners and/or tenants residing along the block of public right-of-way subject to the temporary closure.
DESIGNATED PARK FACILITY A specific and/or distinct section or area within a park or public right-of-way that may host a special event subject to the requirements of this chapter without excluding other uses and events in other distinctive sections or areas of the same park, including pathways, plazas, gazebos, amphitheaters, green areas, and City-owned vacant land.
DUMPSTER A steel refuse container, owned by the City of Hoboken, having a capacity of two, five, or 20 cubic yards.
EVENT TIME The time between setup and breakdown of an event and applies to all events that require 18 or more hours.
GENERAL EVENTS Shall include, but are not limited to, athletic tournaments, recreation programming, dance, music, or other artistic or cultural performances, which are open to the public and otherwise do not constitute promotional/commercial events or nonprofit events as defined by this section.
GENERATOR A diesel engine with an electric generator which generates electrical energy, owned by the City of Hoboken, having a capacity of 75,000 watts or 100,000 watts.
INFLATABLES Balloons or displays that are expanded with air or gas and used for event promotion, logo placement, or product display. Blimps are not considered inflatables for the purposes of this article.
NONPROFIT EVENTS Those events designed for public participation which are directly associated with charitable fundraising for an entity which is established as a not-for-profit corporation and has provided proof of federal tax-exempt status.
PARK Shall include any public park, athletic fields, playgrounds, green areas, and outdoor recreation areas within the City, including City-owned vacant land and landscaping of City grounds.
PRIVATE EVENTS Those that restrict the general public's access to a designated park facility or recreation facility, by either physical barriers or by personnel, or events that are permitted to erect such barriers, or otherwise restrict the general public.
PRIVATE GATHERINGS Small groups of park users gathering for celebrations (e.g., birthdays, engagements, weddings, bridal showers) that do not restrict the general public's access to a designated park facility or recreation facility.
PROMOTIONAL/COMMERCIAL EVENTS Those events that seek to promote, advertise, or introduce a product, corporation, company or other commercial entity to either the general public or to a portion of the general public.
RECESS Shall be defined by the United States Centers for Disease Control and Prevention.
RECREATION FACILITY Shall include spaces used for active recreation such as athletic fields, turf, courts, gyms, community centers, rinks, fitness areas, and skateboarding.
SAMPLING The direct distribution of a commercial product or service to the public for the purpose of promoting that product.
The following acts shall be prohibited and/or restricted in any park:
A.
No person shall willfully mark, deface, disfigure, injure, tamper with or remove any park property, real or personal, including but not limited to benches, tables, buildings, lampposts, railings, trees, shrubs, fences, water fountains, signs, equipment, or play apparatus.
B.
No person shall remove soil, rocks, sand, gravel, trees, lampposts, plants, shrubs, fruit or flowers from any park.
C.
No person shall construct or erect any permanent or nonpermanent structure or building upon any park lands unless a written permit for same is first issued hereunder. The recipient of any federal or state agency permit must notify the Department of Parks, Recreation, and Public Works prior to commencing any work or performing any activity permitted pursuant to said permit.
[Amended 12-6-2023 by Ord. No. B-623]
D.
No person shall climb on any tree, monument, railing, lamppost, planter, fence, bench, building or any other public property not designated for or customarily used for climbing.
E.
No person shall lie in a prone position on any bench.
F.
All persons shall comply with the instructions of the Director of the Department of Parks, Recreation, and Public Works, their designee, and/or the parks staff in keeping parks and rest rooms clean.
[Amended 12-6-2023 by Ord. No. B-623]
G.
No person shall cause to be brought into a park or dump in any park garbage receptacle household garbage, refuse or waste.
H.
Littering is prohibited in any park as provided by § 110-45 of the Hoboken Code.
I.
Bicycles, foot scooters, skateboards, in-line skates, carts or sleds shall be used in a careful and cautious manner and with due regard for other park users, and where applicable, in conformance with state law.
[Amended 4-17-2002 by Ord. No. DR-34]
J.
The operation of skateboards, in-line skates and roller blades shall be in compliance with Hoboken Code §
190-40.
K.
No glass container or dispenser shall be used for consumption of food or drinks in any park area without first obtaining a permit hereunder permitting such use.
L.
No peddling or vending shall be allowed within park areas without first obtaining a vendor permit from the Office of the City Clerk pursuant to Chapter
146 of the Hoboken Code.
M.
No person shall solicit monies, subscriptions or contributions in a park without first obtaining a permit authorizing same hereunder.
N.
No person shall post or display any placards, signs, posters or advertising devices in any park without first obtaining a permit authorizing same hereunder. The provisions of Hoboken Code §§ 110-44 and 168-23 shall also apply to parks.
O.
No person shall enter any fenced or posted area of any park nor any area marked "Keep Out" or "Keep Off."
P.
Any person bringing a domestic animal in the park shall comply with Hoboken Code Chapter
93 and any and all other applicable laws.
Q.
No person shall operate a motor vehicle or motorized scooter within a park without first obtaining a permit authorizing same hereunder.
[Amended 4-17-2002 by Ord. No. DR-34]
R.
No person shall bathe or wash in any public fountain. No person shall bathe in any park rest room.
S.
No domestic animals shall be permitted in any child play areas or water spray areas.
T.
No domestic animals shall be permitted to drink from a public fountain.
U.
No person shall operate a gas-powered or battery-powered model airplane or car without first obtaining a permit authorizing same hereunder.
V.
No person shall have an open flame or use a barbecue in a City park or recreation area, without first obtaining a permit authorizing same hereunder.
W.
Fishing shall not be permitted in North Park.
X.
No person shall dock or anchor a pleasure or commercial vessel except in designated areas and only after first obtaining a permit authorizing same hereunder. The provisions of §
145-11 of the Hoboken Code shall also apply under this article.
Y.
No swimming shall be permitted in waters abutting the boundaries of any park.
Z.
No live entertainment shall be allowed in park areas without first obtaining a permit authorizing same hereunder.
AA.
The use of the boat ramp at North park shall be restricted to canoes, kayaks, rafts, sailboats, rowboats and non-motor boats. All boats shall be hand-carried to the ramp. The use of the boat ramp will only be permitted during posted hours of operation.
BB.
No alcohol consumption or carrying of unsealed alcoholic beverage containers shall be permitted in any park except pursuant to a permit which has been duly issued pursuant to state and local alcoholic beverage control regulations and laws.
CC.
The use of any radio, CD player, record player or any amplified musical instrument shall not be audible at a distance of more than 25 feet.
DD.
Skateboard Park rules.
[Added 6-7-2006 by Ord. No. DR-257]
(1)
No one will be admitted into this park unless they are wearing a helmet.
(2)
Any adult or child using this park is required to wear a helmet at all times.
(3)
No bicycles or scooters of any kind will be admitted into this park.
(4)
Any individuals using this park are required to follow the rules and regulations that are posted on the signs located in this park.
EE.
Skateboard Park penalties for rule violations: Except as otherwise provided by the Hoboken Code, any person violating any provision of the Skateboard Park rules shall, upon conviction, be subject to the replacement, repair or restoration of any Skateboard Park property and shall be subject to a fine of not less than $250 or more than $1,000 and if default of payment thereof, may be subject to imprisonment at the discretion of the Municipal Court Judge for a term not exceeding 90 days.
[Added 6-7-2006 by Ord. No. DR-257]
FF.
Each day that a violation of the provisions of this chapter is permitted to continue shall be a separate violation and punishable as such.
[Added 6-7-2006 by Ord. No. DR-257]
GG.
Smoking (including but not limited to the smoking of tobacco, cannabis, or the inhaling of vapor created by an electronic cigarette or other "vaping" device) is prohibited in any park within the City of Hoboken.
[Added 3-23-2022 by Ord. No. B-447]
[Amended 7-10-2019 by Ord. No. B-167]
A.
Notwithstanding any code provision to the contrary, there shall be available for distribution by the City up to seven concessions within Pier A, each area having dimensions of six feet by nine feet as illustrated in Schedule A attached hereto.
B.
For the purposes of this article, the term "concession" shall mean a grant made by the City for the private use of City-owned property for which the City receives compensation other than in the form of a fee to cover administrative costs or to creatively activate public property, except that concessions shall not include franchises and leases.
C.
Said seven concessions shall be for the following purposes:
[Amended 5-19-2021 by Ord. No. B-359]
Maximum No. Permitted
|
Use Permitted
|
2
|
Coffee, baked goods and desserts prepared on or off site, including but not limited to ice cream, gelato, scones, muffins, donuts, waffles, etc.
|
2
|
Hot or cold food prepared on or off site, including but not limited to sandwiches, salads, tacos, smoothies, acai bowls, falafel, pupusas and dumplings
|
1
|
Boutique retail where items sold are locally sourced or made, such as handmade clothing, body products or housewares
|
1
|
Rental of equipment to support recreation activity, including but not limited to hula hoops, frisbees, picnic blankets, soft footballs, soccer balls, whiffle balls, gloves, plastic ring toss, outdoor bowling, or putter golf
|
1
|
Bike repair/rental
|
D.
The sale of gum, wax candy, tobacco products and products derived from cannabis and hemp shall be prohibited on Pier A.
E.
The concessions shall only be granted to current businesses operating within the City of Hoboken that operate from a physical location on the City's tax map, for an administrative fee of $1 per year.
F.
In exchange, each concessionaire must:
(1)
Pay for the rehabilitation or reconstruction of the existing kiosks and yearly upkeep; and
(2)
Be open for customers daily, year round, except on federal holidays and when religious holidays or weather prohibit staffing and/or operation during hours approved by the Department of Parks, Recreation, and Public Works; and
[Amended 5-19-2021 by Ord. No. B-359; 12-6-2023 by Ord. No. B-623]
(3)
Provide live unamplified entertainment, including but not limited to acoustic guitar, poetry readings and the playing of symphonic instruments, for at least eight hours per month from April 1 through October 31. The performance style, artist or performer and schedule must be approved by the Director of Parks, Recreation, and Public Works or their designee to ensure maximum public benefit and that scheduling does not overlap; and
[Amended 12-6-2023 by Ord. No. B-623]
(4)
Employ local Hoboken labor at a rate that is $2 per hour higher than the prevailing state minimum wage.
G.
The City Council shall solicit proposals for the award of said concessions through requests for proposals ("RFPs"). The City shall be guided by the Local Public Contracts Law and the regulations promulgated thereunder in making that determination. The criteria that will be considered in evaluating proposals shall be set forth in the specification or RFP, but must comply with the operational requirements outlined in this chapter.
H.
A selection committee comprised of the three City department directors and the Purchasing Agent shall be responsible for evaluating proposals based on the established criteria and recommending a proposal based on the best combination of quality and the other enumerated criteria outlined in this chapter. In the absence of one or more members of the selection committee, the Mayor shall designate a temporary replacement.
I.
The City Council shall approve all contracts prior to the granting of a concession.
J.
Each concessionaire shall provide a waste receptacle. All concessionaires operating cooking and/or refrigeration devices shall provide and maintain grease containers and waste storage containers. No concessionaire shall dispose of any waste in a City trash receptacle.
K.
Any stand, pushcart or other storage device used by a concessionaire shall be movable and collapsible and shall be removed from the concession area when not attended by any person or individual.
L.
Concessionaires shall be subject to any and all other applicable state and local laws and regulations related to their operations and shall fulfill said requirements prior to commencing operations.
All City Police, County Sheriffs, Sanitation Inspectors, Health Officers, Fire Inspectors and park personnel shall have the right to enforce the provisions of this article in the course of their duties.
In the event that any section, subsection or any part of this Code shall be declared invalid, such decision shall not be deemed to affect the validity of any other section, subsection, or other part of this Code.
[Added 2-15-2023 by Ord. No. B-535]
A. See §
58-23, Permits, for rental fees for use of recreation facilities in City parks.
B. Registration fees for all recreation programs are as follows:
Applicant Type | Applicant Status | Registration Fee |
---|
Child/student/adolescent | Resident | $25 to $75 per program |
| Nonresident | $35 to $100 per program |
| Free or Reduced Lunch | $0 |
Adult | Resident | $40 to $100 per program based on actual costs |
| Nonresident | $60 to $100 per program based on actual costs |
The Division of Recreation shall determine the recreation fees per program per year, within the limits set herein. The fee determination shall be based on actual costs per person per program. Fees may be adjusted at the discretion of the Division of Recreation for special recreation programming.
C. Recreation fees are waived for those who qualify for free and reduced lunch.