As used in this chapter, the following terms shall have the
meanings indicated:
OPERATE
Any use of the facilities based upon payment of a fee, whether
it be by way of entrance fee, membership dues, or other form of contribution.
PUBLIC OUTDOOR RECREATIONAL FACILITY
Includes a privately owned park, bathing or swimming facility,
lake, golf course, picnic grove, riding academy or a facility of like
nature which is open to the general public upon payment of a prescribed
fee charged for the use of the facilities involved.
TOWNSHIP
The Township of Edgewater Park within the County of Burlington
and State of New Jersey.
No person, firm or corporation shall operate a public outdoor
recreational facility within the Township without a lawfully issued
permit as provided for under the provisions of this chapter.
Any permittee under the provisions of this chapter shall comply
with the following regulations:
A. Noise. The sound pressure of any use (not including ambient noises
not under control of the operator of the use) shall not exceed 65
dBA between 7:00 a.m. and 10:00 p.m. nor 50 dBA between 10:00 p.m.
and 7:00 a.m. on any point on the property line of the lots outside
the lots upon which the permitted activity is located, such that decibel
levels (decibels — 10 loa P1 P2 where P2 is the referenced quality
of 0.002 dyne/cm2; sound pressure to be
measured according to the specifications published by the American
Standard Association.) in the designed octave band shown below (except
for emergency alarm signals, subject to the following corrections:
subtract five decibels for pulsating or periodic noises, add five
decibels for noise sources operating less than 20% of any one-hour
period) shall be the maximum allowable sound pressure levels unless
more restrictive requirements are established by county, state or
federal agencies.
Octave Band Cycles per Second
|
Along Residence District Boundaries
|
Along Business District Boundaries
|
---|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
---|
0 to 124
|
65
|
50
|
65
|
125 to 249
|
58
|
44
|
62
|
250 to 499
|
53
|
39
|
59
|
500 to 999
|
46
|
35
|
53
|
1,000 to 2,400
|
40
|
30
|
47
|
2,400 to 4,800
|
34
|
26
|
41
|
Above 4,800
|
32
|
24
|
39
|
B. Hours of operation. No permittee under the provisions of this chapter
shall operate his facility between the hours of 12:00 midnight and
6:00 a.m., prevailing time.
C. Fencing. A permittee under this chapter shall provide a fence or
barrier enclosing the location of sufficient height and strength to
prevent people from wandering onto adjacent properties not under the
control of the permittee. The barrier shall have at least three gates
in order to provide access to and from the facility.
D. Potable water. A permittee under this chapter shall provide potable
water meeting all federal and state requirements for purities sufficient
to provide drinking water for the estimated maximum number of people
to be assembled in accordance with requirements of the County Board
of Health.
E. Sanitary facilities. The applicant shall provide separate enclosed
toilets for males and females meeting all state and local specifications
and conveniently located throughout the grounds sufficient to provide
facilities for the estimated maximum number of people to be assembled
in accordance with requirements of the County Board of Health.
F. Solid waste. The permittee under this chapter shall provide a sanitary
method of disposing of solid waste in compliance with state and local
laws and regulations sufficient to dispose of solid waste production
emanating from the tract at a rate of at least 2.5 pounds of solid
waste per person per day, together with a plan for holding and a plan
for collecting all such waste at least once a day during the operation
of the facilities and sufficient trash cans and personnel to perform
the task.
G. Lighting. For those areas of the facility regulated under the provisions
of this chapter used during hours of darkness, illumination sufficient
to light the entire area being used at the rate of at least five footcandles
but not shine unreasonably beyond the barriers of the enclosed area
shall be provided.
H. Parking. A permittee under the provisions of this chapter shall provide within the grounds enclosed by the fence or barrier required under Subsection
C of this section adequate free parking area to accommodate the maximum number of people assembled within the facility during normal business activities. As a general guide, the permittee shall provide parking space at the rate of at least one parking space for every 10 persons unless the applicant or the Township can demonstrate that a lesser ratio or a greater ratio is required.
I. Telephone service. The permittee shall within the grounds enclosed by the fence or barrier required under Subsection
C of this section have three public phones connected to outside lines.
J. Security.
(1) It shall be the responsibility of the permittee licensed under the
provisions of this chapter to provide, at his expense, adequate security
on-site to maintain order and to prevent situations during which riotous
or mob-like activities endanger the health, safety or welfare of those
making use of the facility or the public at large. In meeting this
requirement, the permittee as a minimum shall employ security guards,
either regularly employed, duly sworn, off-duty New Jersey peace officers
or private guards licensed in New Jersey, in accordance with the following
standards:
(a)
During the week other than holidays: zero.
(c)
On Sundays or weekday holidays: two.
(2) In addition to the above, the permittee shall at all times that the
facility is open for use have properly trained employees sufficiently
identifiable from the general public through the use of badges, insignias
or uniforms, to maintain order. The permittee shall record with the
Police Department of the Township the names of all security personnel
being utilized by the permittee. In meeting the above standard, the
permittee shall not be permitted to employ members of the Edgewater
Park Township Police Department. The permittee shall have the right,
where inclement weather conditions indicate less than the required
security forces listed above are necessary, to reduce the number specified
above upon notification of the Police Department of this fact.
K. Fire protection. The permittee shall maintain fire protection, including
alarms, extinguishing devices, fire lanes, and escapes sufficient
to meet all state and local standards for the facility being licensed
under the provisions of this chapter, as set forth in the statutes
of the State of New Jersey, and the ordinances of the Township.
L. Public conduct. It shall be the responsibility of the permittee to
prohibit and control unlawful, boisterous, immoral or improper conduct
upon the premises being licensed by this facility. The sale of alcoholic
beverages is prohibited. Any behavioral problems which are the product
of the consumption of alcoholic beverages which constitute disorderly
conduct leading to a situation dangerous to life or property shall
constitute a violation of the permit issued under the provisions of
this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
In addition to provisions of §
357-5, any person violating any of the provisions of this chapter or part thereof shall, upon conviction, be subject to the penalty in Chapter
1, Article
II, General Penalty, of the Code of the Township of Edgewater Park.
The Township Committee and the Police Department of the Township
shall be enforcement agents of the provisions of this chapter.