[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.