[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-13-2016 by Ord. No. 2016-12.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
213, Parks and Recreation Areas, adopted as follows: Art. I, Rules
and Regulations, adopted 12-17-1979 by Ord. No. 1979-15 (Ch. XX of
the 1973 Code), as amended, and Art. II, Fees for Recreational Activities,
adopted 8-7-1995 by Ord. No. 1995-11, as amended.
The Township of Lumberton hereby determines that the establishment
of regulations concerning permissible activities, proper permitting,
facility maintenance and the establishment of hours of use for Township-owned
parks and property is necessary to further the public health, safety,
morals and general welfare of the Township and to preserve and protect
Township-owned parks and property.
The Lumberton Township Committee recognizes that:
A.
Municipal facilities are public property and, as such, should be
made available for public use, when it is determined that such use
would not subject facilities or participants to any harm or injury;
and
B.
Use of municipal facilities should be programmed and regulated for
the convenience of their users in order to ensure availability and
safety; and
C.
Proper maintenance and care is required in order to maintain these
facilities and keep them in proper condition for their users; and
D.
Certain activities, such as community events, fundraising activities
and sports tournaments, require significant lead time, planning and
escrows to ensure that organizers of such activities are responsible
for any municipal costs that may be generated based on the logistics
of the activity.
E.
As such, the Township creates the following chapter as a means of
improving the accessibility of Lumberton's municipal facilities and,
at the same time, providing for their safe, constructive and prolonged
use.
As used in this chapter, the following words shall have the
following meanings:
A nonprofit organization with the primary mission of providing
sports and recreation opportunities for Lumberton youth 18 years of
age or under. A plurality of the participants in the organization
shall be residents of Lumberton or enrolled as a student in the Lumberton
School District. If there is more than one organization providing
services for a particular sport, the Township shall identify which
organization is the primary organization depending upon but not limited
to the following characteristics: length of service to the municipality,
number of participants, volunteer services provided toward maintenance
and upkeep of the facilities and participation by the organization
in other Township-sponsored events. The decision as to primary designation
is exclusive to the Township. It is the Township's intent to announce
and approve primary organizations on an annual basis via resolution.
A period of four months or 120 calendar days, whichever is
shorter.
Actions by teams limited to games, scrimmages and practices
involving the full team. The term shall not include clinics, individual
training or tournaments, which create different issues for the parks
facilities, including improper wear and tear on fields, traffic, and
facility maintenance.
A.
Unless secured by a locked gate, all outdoor parks and parking areas
shall open daily from one hour before sunrise to one hour after sunset.
No person and/or vehicle shall be present in any designated park at
a time other than these designated hours unless approved by permit.
B.
Where a park or a portion thereof is secured by a gate, the park
or portion of the park so secured shall be opened to the public by
a Township employee with the authority to unlock and open the gate
upon a call to the number listed on the gate to the facility.
C.
Except for indoor athletic courts and athletic fields and designated
parking areas specifically designed for and illuminated for night
activity, it shall be unlawful for any individual to be in, or upon,
any Township-owned park or property after dusk or before dawn on any
given day. This prohibition shall not be in effect during or within
1/2 hour after cessation of Township-sponsored events or other special
events when permission for said events has been granted by the Township
Committee.
D.
Where a field and/or parking area is illuminated, no individual shall
remain in the park or designated parking area more than 1/2 hour after
the cessation of the use of the parks and/or parking area.
E.
Without prior written consent and permit for a specific date, the
lights in Township parks shall be completely turned off by 11:00 p.m.
each night. Sports organizations and those authorized to use sports
fields shall conclude their events with enough time to allow for the
end-of-game field maintenance, the securing of all equipment and the
safe and orderly departure of all participants and guests prior to
the 11:00 p.m. termination time.
F.
Persons who are walking through the park on designated walkways are
excluded from the closing-hour designation, provided that their length
of time in the park is limited to that required to traverse the park
area and does not involve any recreational activity while doing so.
G.
Any section or part of any park may be declared closed to the public
at any time and for any interval of time, either temporary or at regular
and stated intervals (daily or otherwise) and either entirely or merely
for certain uses.
A.
In general, unless specific areas are closed for maintenance or inclement
weather or require a permit as established herein, the facilities
within Lumberton's parks are available on a first-come-first-served
basis without charge to the user.
B.
Applications are not required for the unreserved use of parks, playgrounds
and open space areas. However, a party or group that has reserved
a particular facility and is in possession of an approved Township-issued
permit will receive priority over a group lacking such a permit.
C.
Any event, activity or gathering proposed which shall include 15
or more participants, including the organizer, shall require a permit
issued by the Township Committee.
D.
Use of indoor recreational areas requires a permit.
E.
A sports activity permit for a field or facility may be obtained
by submitting an application, including all requested materials and
the associated fee and/or escrow, for said use not more than eight
months prior to the permit date nor less than 30 days prior to the
date requested. Sports activity permits shall not permit the use of
assigned fields for clinics, training sessions or tournaments. All
permits shall be conditionally approved and made formal upon the payment
of the permit fee, escrow and the submission of the insurance certificate.
Fees, escrow payments and insurance certificates shall be due no later
than 30 days prior to the event.
F.
A permit application for a special event, community event or sports
tournament that is expected to draw more than 100 participants shall
be made not less than 60 days prior to the requested date to allow
for ample review and, if approved, preparation and scheduling of municipal
resources.
G.
Permits to conduct sports clinics or group or individualized training
sessions shall be made to and, if reasonable, granted by the Township
Committee after review of the impact of such activity on the park.
Because of the Township's vast knowledge and experience with designated
primary organizations, only those organizations designated as a primary
organization shall be entitled to seek, hold or use a permit for clinics
and training.
I.
When more than one complete application is received for the same
date(s), the following priority order will apply. In all instances,
priority is given to Lumberton Township residents over nonresidents.
(1)
Meetings or events directly sponsored by the Township Committee for
municipal purposes.
(2)
Meetings of municipal advisory boards and committees for municipal
purposes.
(3)
Meetings or events directly sponsored by Township departments and/or
employees for municipal purposes.
(4)
Meetings held for the discussion of municipal issues.
(5)
Recognized Lumberton sports organizations, with priority to primary organizations as described in § 213-3.
(6)
Nonprofit Lumberton adult sports organizations.
(7)
Nonprofit Rancocas Valley Regional High School sending district sports
organizations.
(8)
Other youth recreational activities or service organizations.
(9)
Other adult member sports organizations.
(10)
Private functions or gatherings.
(11)
Other.
J.
The permit shall include the following information on a form prepared
by the municipality:
(1)
Organization name.
(2)
Contact name and information.
(3)
Dates requested.
(4)
Locations requested.
(5)
Purpose of the activity.
(6)
Expected number of participants.
(7)
If participants are minor, demonstrate the ratio of supervisors/chaperones
to be present.
(8)
Expected number of vehicles.
(9)
Request for special features (concession stands, lights, electric,
cooking, etc.).
(10)
Demonstration of insurance.
(11)
All applicable fees, security deposit and escrows.
(12)
If seeking to be a recognized Lumberton sports organization,
provide a full roster of participants, including last name, age and
home address. This list will be reviewed by the Township and returned
upon approval or denial of request and, as such, shall not be made,
kept or maintained by the municipality.
A.
Once received, the permit shall be reviewed by the Township Administrator
or his designee and shall consider, but not be limited to, the availability
of the requested use, the impact on the remainder of the park system,
and the need for additional municipal personnel.
B.
The Township Administrator shall evaluate the permits and make recommendations
to the Township Committee to accept or deny the permit applications.
C.
If denial is recommended, the Township shall notify the applicant
by writing, facsimile or electronic communication as to the reason
why rejection is recommended and the date for consideration by the
Township Committee. The applicant shall have the right to be heard
at the public meeting before a final determination is made by the
Township Committee.
A.
Permits may be issued for individual day activities/events or for
season-long sports activities.
B.
Single-day permits shall only be valid for the date identified in
the permit and any rain date that may be provided in the permit.
C.
All permits shall include an expiration date which shall be no longer
than four months after issuance.
D.
The Township reserves the right to suspend a permit, close a park
or close a specific area of a park, based upon actual or the threat
of inclement weather or unforeseen events within the Township or county
that cause the utilization of municipal resources to be unavailable
to safely conduct the permitted event. The Township will make every
effort to notify the permit holder but, as a condition of issuing
the permit, shall not be liable for any cost, loss or damage associated
with a weather or unforeseen event suspension or permit or park closure.
[Amended 2-14-2017 by Ord. No. 2017-001]
A.
Unless a permit is required or requested, facilities within Lumberton's
parks are available without charge to the user.
B.
Application fees. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 30, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
C.
Fees for single and sports camp use of parks and recreation improvements. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 31, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
D.
Season long sports events. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 32, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
F.
Fees for sports tournaments. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 33, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
G.
Security deposit. A minimum returnable security deposit of $200 is
required with all applications. This deposit will be used to cover
damage to Township property or cleaning required due to the use of
the site. If damage is greater than $200, the permit holder and/or
organization, joint and severally, shall be responsible for all repair
costs. Users will be notified in writing by the Township Administrator
if any such charge will be assessed and if the cost is greater than
the initial deposit required. The security deposit may be waived by
the Township Administrator for any recognized sports organizations.
A.
Supervision.
(1)
Applicants granted facilities use are responsible for the proper
supervision of all participants and spectators. Those participants
under the age of 18 years are not to be left unattended at any time.
(2)
Applicants granted use of facilities will be held responsible for
any personal injury or property damage resulting from the lack of
supervision or poor supervision of participants or spectators.
B.
Security. The permit holder shall be responsible for ensuring the
proper security levels are established to control crowds and conduct
orderly parks and recreation activities. When it is determined that
security may be an issue due to the nature of the event or the volume
of expected attendees, the permit holder shall be responsible for
coordinating the use of off-duty police officers for special assignment
work as permitted by Township policy. The permit holder shall be responsible
for the cost of the off-duty officers.
C.
Maintenance and use of facilities.
(1)
Permittee shall perform a pre-inspection and post-inspection of the
facility.
(a)
If during the pre-inspection, the permit holder identifies a
safety or maintenance issue, he shall determine if the issue can be
resolved to ensure the safety of participants and the protection of
fields or facilities. If the same cannot be resolved, the permit holder
shall postpone or cancel the event until the condition is resolved.
(3)
Permittee must report any problems encountered with the facility,
including but not limited to safety issues, broken equipment or general
maintenance issues, to the Township within 24 hours of the conclusion
of the activity.
(4)
Proper use of facilities is of the utmost importance. The permit
holder shall ensure that unauthorized uses are not occurring during
the permit access to the fields.
(5)
Organizations or groups failing to abide by the provisions of this
policy will be asked to curtail their event(s) and may be denied future
use of Township facilities as provided in this chapter.
(6)
Facilities must be left clean and orderly.
D.
Damage. Users of facilities automatically assume responsibility and
liability for all damages and loss to Township property that occurs
while using said facilities.
E.
Parking.
(1)
Parking is limited to designated parking areas.
(2)
No vehicles are permitted on any park, playground or open space,
except for emergency situations only or when directed by a municipal
agent and authorized by the Township Committee at a special event.
(3)
Violation of the parking policy will result in revocation of the
applicant's privilege to continue utilizing the facility.
A.
If during the course of performing activities under a valid permit,
the Township Administrator, his designee, any elected official, any
Township employee or uniformed law enforcement officer shall have
the authority to stop or suspend any activity that the official believes
is a potential threat to the safety of participants or to the maintenance
of the field or facility.
B.
The Township's representatives shall have the authority to recommend
to the Township Administrator suspension or revocation of a permit
if the applicant or any person acting on his behalf shall violate
any of the provisions of this policy or any rule or regulation of
the Township or any of the restrictions, terms or conditions under
which the permit was issued or fails to take corrective action when
so directed by the Township representative.
C.
In the event of such recommendation, the Township Administrator shall
perform whatever investigation is necessary and proper to fully understand
the events which led to the recommendation and determine to revoke,
suspend, warn or take no action against the permit holder. In the
event of a revocation or suspension, the applicant shall have the
right to request an appeal to the Township Committee within five days
of receiving written notice.
D.
Any individual or organizations whose permit is revoked shall be
barred from applying for a new permit for two calendar years unless
good cause can be shown by the organization the series of steps taken
to correct the action(s) or omission(s) which led to the revocation.
E.
Any individual or organization that attempts to use a municipal park
or facility after a permit has been revoked or suspended shall be
guilty of trespass and, in addition to being issued a code violation
under this chapter, shall be issued a summons under the New Jersey
Criminal Code. In addition, the length of time to reapply for a permit
shall be extended an additional two years for each violation of this
provision.
A.
The Township shall not permit any person or entity use of municipal
parks or facilities or portions thereof, to operate a profit making
venture whether the same be a class, sports clinic, lessons, advertising
or concession of any kind.
B.
Exceptions.
(1)
Concession stands.[1] Recognized Lumberton sports organizations may utilize
available concession stands, under their properly issued and valid
season-long permits, for the use of adjacent sports fields.
(a)
As a condition of utilization of the concession stand, the permitted
organization must demonstrate that 30% of the profit generated from
the sales are reinvested into the facility through either the purchase
of materials to maintain the field(s) or the labor associated with
maintaining the field.
(b)
As a condition of use, and as a prerequisite for the issuance
of any future permit for the organization, the permitted organization
shall produce the affidavit described in § 213-8D(1) demonstrating
the sales generated from the use of the concession stand and a demonstration
of the organization's efforts to reinvest those funds into the field.
(3)
Sports trainers.
(a)
As a means of producing more competitive athletes and improving
the safety of play, recognized Lumberton sports organizations may
engage the services of sports trainers, hitting instructors and specialists
to work with teams or individual members as long as the payment for
such services is made from the participant through the recognized
Lumberton sports organization. The trainer may only be paid through
the recognized Lumberton sports organization.
(b)
As a condition of use, and as a prerequisite for the issuance
of any future permit for the organization, the permitted organization
shall produce the affidavit described in § 213-8D(1) demonstrating
the income generated from the use of contracting with trainers, the
cost of contracting with said trainers and a demonstration of the
organization's efforts to reinvest 30% of the funds generated into
the field.
C.
Specialized classes.
(1)
Any individual or entity interested in taking or offering a class
or activity in a public park shall contact the Township Administrator
in writing to propose that such a class be offered.
(2)
If the Township Administrator, in consultation with the Township
Committee, determines that a class, lesson, or instruction will provide
a worthy benefit to the residents of the community, he shall seek
permission from the Township Committee to either hire an individual
on a part-time basis to conduct the class or solicit requests for
proposals from the qualified vendors to offer the class pursuant to
the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
(a)
The Township shall only engage in classes, lessons or instructions
where it is demonstrated that the class will not become a drain on
fiscal resources of the Township or the maintenance and upkeep of
the park or park facility or unnecessarily interfere with the peace
and enjoyment of the park.
[Amended 6-23-2022 by Ord. No. 2022-07]
A.
In an effort for uniformity and to ensure the safety of park visitors,
the following sign sponsorship regulations are enacted:
(1)
Only recognized Lumberton sports organizations are permitted to hang
signs.
(2)
Signs shall be made of corrugated plastic or vinyl with grommets
in each corner and with at least one additional grommet in the middle
of each side.
(3)
Signs shall be rectangular in shape and be limited in size to no
greater than three feet by three feet.
(4)
Corners and edges should be smooth and not contain sharp edges to
prevent opportunity for injury.
(5)
Signs shall be secured to existing sports fencing using stainless
steel zip ties. Where no fencing exists, signs may be installed using
standard steel stakes ensuring that the stake is at least two inches
lower than the top of the sign to prevent protruding objects.
(6)
No sign shall be installed to interfere with the regular conduct
of the sport nor to create a danger for the athletes using the field
or a visual barrier for spectators.
(7)
Signs shall be removed at the end of the playing season.
(8)
The recognized Lumberton sports organization shall provide a plan
with the placement of signs. The plan must be approved by Township
Administrator, Construction Code Official and recreation liaisons.
B.
The placement of any field sign consisting of specifications outside of those set forth in § 213-12A, or any other exception sought from the enumerated restrictions therein, shall only be permitted subject to the written approval by the Township Engineer after the proponent of an alternative sign provides the Township any technical information or specifications for such proposed sign as may be required by the Township Engineer to perform such analysis.
In addition to the general permitting requirements established
herein, special event, community events or sports tournaments that
are expected to draw 100 or more participants or run over more than
one day will require the following additional information and be subject
to more detailed review:
A.
The application shall contain the following information:
(1)
The name and address of the applicant.
(2)
Proof that the organization is organized as a 501(c)(3) not-for-profit
organization.
(3)
Sports tournament applications shall only be made by recognized Lumberton
sports organizations for their organizations.
(4)
The name and address of the person, persons, corporation, association
or organization; the name and address of the president and secretary
of said organization and relationship of the applicant to said organization.
(5)
The date and time for which the permit is desired.
(6)
The park or portion thereof for which such permit is desired.
(7)
The activity to be undertaken or reason for the application.
(8)
The number of persons anticipated to participate.
(9)
Site sketch of all areas, including any temporary tents, vendor stations,
etc.
(10)
Parking measures in place, including location and logistics
for ensuring the safety of motorist and pedestrians.
(11)
Security measures in place, including a request for Lumberton
police officers.
(12)
Custodial measures in place, including trash removal and restroom
maintenance, including a request for Lumberton Public Works Department
labor.
(13)
Any other information which the Township shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued.
B.
Standards for issuance of a use permit by the Township. Standards
may include the following findings:
(1)
That the proposed activity or use of the park or recreational area
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not induce or tend to induce violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense on Township police, public works operations or other Township
resources.
(5)
That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equaling the organization's
reasonable expectation of expenses to be incurred.
(6)
That the facilities desired have not been reserved for another use
at the date and time requested in the application.
(7)
That the applicant shall submit the necessary insurance requirements.
(8)
Posting of an escrow as determined by the Township Administrator.
By way of example, escrows shall consider the above factors, the cost
to provide additional police or public works manpower and the potential
damage to the facility. The below figures are minimums required based
on past experiences of municipal events:
C.
Conditions of issuance. All permits for seasonal or special events
issued shall be on the condition that:
(1)
The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
(2)
The person, persons or organization to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of negligence of the person, persons or organization
to whom such permit shall have been issued. The Township shall have
the right to require that prior to the issuance of a permit or commencement
of the activity, the applicant submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities, in such amounts as may be from time to
time determined by the Township.
(3)
The permittee shall maintain the park, recreational area or facilities
by removing all trash or debris and restoring the area or facilities
to a condition equal to or better than its condition prior to the
granting of the permit. In the event that special or extraordinary
maintenance is required or additional costs are incurred for a proposed
use or activity, such costs shall be borne by the applicant.
(4)
No structures shall be erected or placed, no utilities installed,
run or extended and no alteration of a natural or man-made feature,
facility or object shall be allowed unless so authorized in the permit
issued by the Township and, when so authorized, in accordance with
its requirements for such use and alterations.
(5)
No permit shall be valid except for the facilities, area and time
expressly set forth therein.
(6)
The permittee will obey any other reasonable requirement, condition
or restriction which the Township authorizes.
(7)
Fees may be charged for a permit and the Township may require a cash
deposit or bond in reasonable amount to ensure performance of the
terms and conditions of the permit, which deposit shall be refundable
after deducting the cost of necessary expenses incurred by the Township
in restoring the leased area to the condition the same was in at the
time the permit was issued, reasonable wear and tear excepted.
The Township reserves the right, with respect to any and all
of the public park and recreation areas and any facilities located
therein, to enter into any agreement with the Board of Education of
the Township, or Business Administrator designee, concerning the control
and use thereof. Anything contained in this chapter to the contrary
notwithstanding, any use of premises or facilities by the Board of
Education pursuant to any agreement with the Township Committee heretofore
or hereafter entered into shall be free and exclusive from any control
or supervision of or by the Township Committee.
The Township has established a community garden and may seek
to expand such programs based upon the success of the garden program.
The Township Administrator, in coordination with the Township Solicitor
and the Parks and Recreation and Engineering Committee liaisons, is
authorized to establish specific rules for the garden program, including
appropriate use fees, to post the same at the facility and to provide
a copy to all individuals who seek to utilize the community garden.
The Administrator may also propose changes to the rules and fees from
time to time and the same may be approved by resolution of the Township
Committee.
A.
The Township has established a dog park and may seek to expand such
facilities based upon the success of the initial park. The Township
Administrator, in coordination with the Township Solicitor and the
Parks and Recreation and Engineering Committee liaisons, is authorized
to establish specific rules for dog park, to post the same at the
facility and to provide a copy to all individuals who seek to utilize
the dog park. The Administrator may also propose changes to the rules
from time to time and the same may be approved by resolution of the
Township Committee.
B.
The following rules are adopted for the dog park:
(1)
Dogs shall be kept on leashes at all times except in designated "off-leash"
areas.
(2)
"Off-leash" dogs must be under voice control by their owners at all
times. If voice control is not possible, do not enter "off-leash"
areas.
(3)
Dog owners must have the leash in hand at all times. In the event
of problems, dog owners should be able to quickly leash and remove
their dogs from the premises.
(4)
Dog owners must remain in the park and keep their dog in view at
all times, especially in "off-leash" areas. No dog may be unattended.
(5)
All dogs must have up-to-date vaccinations prior to entering the
dog park.
(6)
Dogs must have current rabies and applicable license tags clipped
to their collars at all times.
(7)
Puppies under four months of age should not enter the park.
(8)
No infants or small children are permitted in the dog park.
(9)
Owners are responsible for the behavior of their animals. Animals
who have a documented history of injuring other animals or humans
may be prohibited from using the park.
(10)
Aggressive dogs are not allowed in the park. Any dogs showing
signs of aggression should be removed from the premises.
(11)
No dog declared vicious or potentially dangerous under New Jersey
statutes or a court of competent jurisdiction is permitted in the
park under any circumstances.
(12)
Female dogs in heat are not permitted in the dog park.
(13)
Do not bring human or dog food inside the park. Small dog treats
may be permitted, depending on the dog park or dog area.
(14)
Do not give treats to any dog without the owner's permission.
(15)
Do not bring any dog toys inside the park.
(16)
Owners must clean up any dog droppings made by their pets. Bag
all droppings before depositing them in provided receptacles.
(17)
Owners must fill in any holes made by their pets.
(18)
Do not brush or otherwise groom pets inside the park.
(19)
Training may not be permitted inside the dog park.
(Reserved for future rules and regulations for boat launches.)
A.
Insurance.
(1)
Formal organizations (i.e., Boy Scouts, athletic leagues) that wish to use municipal facilities must maintain adequate insurance coverage and provide proof of coverage with their application. An original executed certificate of insurance is required at the time of permit issuance. Informal groups, however, are free to use facilities without insurance coverage, contingent upon the execution of an indemnification and waiver, which is described in Subsection B.
(2)
Insurance requirements may also be waived for municipally sponsored
meetings or events.
(3)
Determination as to whether a group is formal or informal will be
made by the Township Administrator. Factors that will be considered
include, but are not limited to, incorporation status, size of membership,
frequency of gatherings, and existing insurance.
(4)
Those users required to have insurance must present satisfactory
evidence (original executed certificate of insurance) of insurance
protection for participants, spectators, coaches and the public within
the following terms and conditions. The applicant must maintain commercial
general liability insurance with limits of liability not less than
$1,000,000 per occurrence and aggregate. The policy will provide coverage
for the user's activity at the approved facilities and shall state
such activities on the certificate of insurance. The certificate shall
name the Township of Lumberton as the certificate holder and as an
additional insured for the full duration of the use of the facility(ies).
B.
Indemnification and waiver.
(1)
Users must sign a waiver in which they agree to waive and relinquish
all claims, and causes of action, of every kind which they have or
may have against the Township of Lumberton arising out of the use
of the facility resulting in personal injury and/or property damage.
The users must recognize and acknowledge that they assume all risks
in connection with the use of the facility.
(2)
Users must indemnify the Township of Lumberton of any and all liability
of loss, and against all claims or actions based upon or arising out
of damage or injury (including both) to persons or property caused
by or sustained in connection with the applicant's use of the facility,
and the defense of any such claims or action, whether the liability,
loss or damage is caused by or arises out of negligence of the Township,
or any of the agents, employees or otherwise. The user must further
agree to reimburse the Township for any and all expenses, attorney's
fees, or costs incurred in the enforcement of this waiver and indemnification.
The Township Committee shall have the authority to establish
park rules and regulations and to amend same from time to time. Provided
said rules and regulations are posted, said rules and regulations
may be enforced under this chapter.
A.
In addition to any federal or state law which has precedence, it
shall be unlawful for any individual to be in or upon any Township-owned
park or property for the purposes of or while in the conduct of any
activity which is in violation of the rules and regulations established
by the Township, this chapter, or any of the ordinances of this Township.
B.
In addition to the rules and regulations as may be prescribed and
posted from time to time by the Township Committee, no person in a
public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, fences, benches, fireplaces,
grills, paving or paving materials, waterlines, public utilities or
parts of appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts or other boundary
markers or other structures, facilities, park property or appurtenances
whatever, either real or personal.
(2)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon, under or across such lands, except by special written
permit issued hereunder.
(3)
Dig or remove any soil, rock, sand, stones, wood or wood materials
or make any excavation by tool, equipment, blasting or other means
except with written authorization of the Township.
(4)
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, pick flowers or seeds of any plants or tree, dig in or otherwise
disturb grass areas or in any other way injure the plant life.
(5)
Climb any tree or walk, stand or sit on monuments, planters, fountains,
railings, fences or upon any other property not designated or customarily
used for such purposes.
(6)
Tie or hitch any animal to any tree or plant or any man-made structure.
(7)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird, nor shall
any person remove or have in his/her possession the young of any wild
animals or the eggs or nest or young of any reptile or bird. Exception
to the foregoing shall be made in case of self-defense against poisonous
snakes.
(8)
Throw, discharge or otherwise place or cause to be placed in any
body of water, 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.
(9)
Dump, deposit or leave trash, dirt, bottles, broken glass, refuse,
garbage, debris or other waste materials.
(10)
Solicit moneys or contributions for any purpose, whether public
or private, unless written permission is granted by the Township.
(11)
Build, attempt to build or start a fire except in such areas
and facilities and under such regulations as may be designated and
set forth by the Township. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes, cigars, tobacco paper
or any other flammable material within a park or on any highways,
roads or streets abutting or contiguous thereto.
(12)
Leave a picnic fire unattended or leave a picnic area before
any fire is completely extinguished.
(13)
Open fires are prohibited, except when approved by the Township
and any and all government agencies having jurisdiction therein. However,
charcoal grills are permitted in designated picnic areas.
(14)
Have in his/her possession, or set or otherwise cause to explode,
discharge or burn, any firecrackers, torpedo rockets or other fireworks
and explosives, or discharge or throw said explosives 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 in terms of flammability
and explosion. Upon proper application, the Township may grant permits
for conducting properly supervised firework displays in designated
park areas.
(15)
Carry or possess firearms of any description or air rifles,
spring guns, bows and arrows, slings or any other form of weapons
dangerous to human safety and wildlife, or any kind of trapping device.
Instruments that can be loaded with and fire blank cartridges may
be permitted upon application and approval of a special permit in
accordance with the standards and regulations set forth herein. Shooting
into park areas from beyond park boundaries is forbidden. This provision
shall not apply to courses offered by the Township or its agents.
(16)
Bring alcoholic beverages or drink same at any time, or be under
the influence of intoxicating liquor in a park or recreational area.
This provision shall not apply to the consumption of alcoholic beverages
where the same is authorized and permitted by the New Jersey Division
of Alcoholic Beverage Control and the Township during special events
in those contained areas specifically designated during said events;
however, at no time shall an individual become intoxicated in a park
or recreation area.
(17)
Gamble or participate in or abet any game of chance except when
such game of chance is authorized by permit of the Township.
(18)
Paste, glue, tack, nail 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.
(19)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
valid permit.
(20)
Expose or offer for sale any article or object, or station or
place any stand, cart or vehicle for the transportation, sale or display
of any article or object. Exception is hereby made to this subsection
in connection with any regularly licensed concessionaire acting by
and under the authority and regulation of the Township.
(21)
Sleep or protractedly lounge on the seats, benches or other
areas of a park 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 and welfare.
(22)
Leave a bicycle, scooter, skateboard or similar object lying
on the ground or pavement or set against trees or in any other place
or position where other persons may trip over or be injured by it.
(23)
Fail to produce and exhibit any permit from the Township he/she
claims to have upon request of any Township official who shall desire
to inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
(24)
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 or designated by the Township for the use of a specific
group.
(25)
If picnicking, all such areas for picnicking shall be maintained
by placing all trash, refuse, garbage and debris in designated disposal
and recycling containers where provided. If no trash receptacles are
available, or if available but full, then trash shall be carried away
from the park area by the picnicker, to be properly disposed of elsewhere.
(26)
Skateboard in or on a park, playground or recreation area which
has been designated as a "No Skateboarding" area.
(27)
Utilize any facility or area of a park or recreational area
for activity other than the designated use of said facility or area.
Roller skating, in-line skating, and skateboarding and the like, if
allowed, shall be confined to those areas specifically designed for
such activities.
(28)
Fail to properly maintain all restrooms, washrooms, or concession
stands in a neat and sanitary condition.
(29)
Fail to properly clean up after any domestic animal permitted
to be in the park.
(30)
Allow any dog to run at large. Dogs shall be permitted in Township
parks and recreational areas so long as they are restrained by a leash
not exceeding six feet in length and led or controlled by a person
capable of controlling said dog. This provision shall not apply[1]
[1]
Editor's Note: So in original.
(31)
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.
(32)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereat
and with the instruction of any attendant who may be present.
(33)
Leave a vehicle standing or parked at night at established parking
areas or elsewhere in the park area.
(34)
Ride a bicycle without reasonable regard to the safety of others.
(35)
Frequent any waters or places designated for the purposes of
swimming or bathing or congregate thereat, except between such hours
of the day as shall be designated by the Township Committee for such
purposes for each individual site.
(36)
Allow himself to be so covered with a bathing suit so as to
indecently expose his person. Dress or undress in any area except
in such structures as may be provided for that purpose.
(37)
Bring into or operate any boat, raft or other watercraft, whether
motor-powered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
(38)
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupant of any
other boat.
(39)
Launch, dock or operate any boat of any kind on any water between
the closing hour of the park at night and the opening hour of the
park the following morning, nor shall any person be on, or remain
on or in any boat during said closed hours of the park.
(40)
Fish in any area where bathing is permitted.
(41)
Ride, drive or bring any horse upon any Township park or recreation
area.
(42)
Drive, fly or park any motorized vehicles, including minibikes,
snowmobiles or other power-driven equipment, drones, remote-controlled
aircraft (except for motorized wheelchairs or other aids utilized
by disabled persons), on or in any Township park or recreation area.
(43)
Smoking, the use of narcotics, or the consumption of alcoholic
beverages is expressly prohibited in all Township parks and facilities.
C.
The Township reserves the right to prohibit, rescind or change the
use of facilities, regardless of prior approval for use. Whenever
practicable, reasonable notice will be provided.
D.
Municipal facilities cannot be used for any purpose prohibited by
law.
E.
Special regulations for tennis courts. Any person using a public
tennis court owned by the Township of Lumberton shall be subject to
the following additional rules and regulations:
(1)
Township residents shall be given priority in terms of usage of and
play upon said courts.
(2)
Play shall be limited to one hour if and when others are waiting
to utilize the courts.
(3)
Proper footwear shall be required at all times.
(4)
Street hockey is expressly prohibited.
(5)
No in-line skates, roller skates, skateboards, bicycles or other
wheeled vehicles or toys shall be permitted on the courts at any time;
nothing herein contained, however, shall preclude the utilization
of wheelchairs by persons requiring the same as a result of physical
disabilities.
The police, upon finding a child under the age of 18 years in
or upon any Township-owned park or property in violation of any of
the provisions of this chapter, shall take the name and address of
the parent, guardian or other person having the legal care or custody
of such child, send such child home, and make a report of the same
to the Director of Public Safety or highest ranking uniformed officer
within 24 hours, whereupon the Director of Public Safety shall send,
via certified mail to said parent, guardian or legal custodian of
such child, a written notice of the first violation of this chapter
informing such parent, guardian or legal custodian that unless the
terms of this chapter are complied with in the future, the penalty
therefor will be invoked against such person, guardian or legal custodian
of such child. Nothing herein shall prevent the police from seeking
immediate judicial relief if the activities of the minor in question
cause damage or destruction to Township facilities.
It shall be unlawful for a parent, guardian or other person having legal care or custody of a child under the age of 18 to knowingly permit or by inefficient control to allow the child to be or remain upon any Township-owned park or property in violation of any of the provisions of this chapter. The term "knowingly" shall include knowledge which a parent, guardian or other person having legal care or custody of a child under the age of 18 should reasonably be expected to have concerning the whereabouts of the child in that person's legal custody. This section is intended to continue to keep neglectful or careless parents, guardians or legal custodians up to a reasonable community standard of parental responsibility to an objective test. It shall, therefore, be no defense that a parent, guardian or legal custodian was completely indifferent to the activities, conduct or whereabouts of such child. It shall be conclusive proof of knowledge when a parent has received prior notice pursuant to § 213-21 or the minor has been prosecuted or adjudicated for a similar offense under this chapter.
A.
Purpose. The purpose of the facility sponsor program is to encourage
local and regional supporters of the Township of Lumberton, and particularly
its various parks and recreation programs, to take an active role
in maintaining the Township sports fields and park areas, to improve
the appearance and playing conditions of same, to reduce the burden
on taxpayers, and to create a long-term community commitment to these
facilities by identifying local community partners to assist in the
maintenance of parks and recreation areas through the donation of
maintenance services and materials. Sponsors will be reviewed and
approved by the Township Committee. In exchange for an annual (or
seasonal, where appropriate) commitment to provide maintenance services
or materials to the Township's parks and recreation areas, the Township
will permit the erection of sponsorship signs at sports field and/or
park entrances.
B.
Sponsors may be business entities, nonprofit organizations or individuals.
Sponsorship will not create a priority in any right by the sponsor
to utilize the facility. The same will remain open for the general
use of the public unless a permit has been granted for a seasonal
or daily purpose.
C.
Sponsors will be permitted to post a sign in a park or on a particular
sports field when that sponsor has entered into an annual or seasonal
commitment to perform labor or provide donation(s) of materials for
the improvement of the park.
D.
The size and location of the sign will be determined by the level
of services or materials provided to the facility.
E.
The Township Administrator, Engineer and Solicitor shall develop
reasonable and uniform regulations to fulfill the purposes of this
section, and a copy of the same shall be kept on file with Township
Administrator. The Township Solicitor shall develop a contract for
use between the Township and the sponsor.
F.
The Mayor and the Township Administrator shall be permitted to enter
into contracts in fulfillment of this section upon approval by the
Township Committee.
A.
From time to time, individuals or organizations may desire to improve
municipal facilities through the donation of time, materials and/or
equipment.
B.
The installation of materials and equipment is a donation to the
Township and shall become the permanent property of the Township.
For example, the installation of a scoreboard at a field shall be
a donation of the scoreboard and shall become a permanent fixture
of the municipality.
C.
All donations of materials and equipment must receive prior approval
from the Township Committee.
D.
All labor costs to perform installations shall be paid in conformance
with the New Jersey Prevailing Wage Act.
E.
The donation of materials and equipment, including labor, shall not
grant any exclusivity to the use of the field or the use of the equipment,
and the field shall remain available for the entire public and the
equipment available to the entire public.
F.
There are no exceptions to this policy preventing exclusivity and
promoting access for all persons.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
A.
Repealer. Any and all ordinances inconsistent with the terms of this
chapter are hereby repealed to the extent of any such inconsistencies.
B.
Severability. In the event that any clause, section, paragraph or
sentence of this chapter is deemed to be invalid or unenforceable
for any reason, then the Township Committee hereby declares its intent
that the balance of the chapter not affected by said invalidity shall
remain in full force and effect to the extent that it allows the Township
to meet the goals of the chapter.
