[Ord. #2001-15, § 1]
While in a public park or recreation area, all persons shall
conduct themselves in a proper and orderly manner, and, in particular,
no person shall:
A. Bring alcoholic beverages into the park, drink the same at any time,
nor shall any person be under the influence of intoxicating liquor
in the park. The governing body, in connection with public celebrations
or similar special events, may, by written permit, except from the
provisions of this chapter the consumption of alcoholic beverages
in a public park, in such permit specified and subject to conditions
designed to prevent any abuse or disorder resulting therefrom.
B. Have in his possession or set or otherwise cause to explode or discharge
or burn any firecrackers, torpedo rockets or other fireworks, firecrackers
or explosives of flammable material or discharge them or throw them
into any such areas from lands or highways adjacent thereto. This
prohibition includes any substance, compound, mixture or article that,
in conjunction with any other substance or compound, would be dangerous
from any of the foregoing standpoints. At the discretion of the governing
body, permits may be given for conducting properly supervised fireworks
in designated park areas.
C. Appear at any place in other than proper clothing.
D. Solicit alms or contributions for any purpose, whether public or
private.
E. Build or attempt to build a fire except in such areas and under such
regulations as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other flammable materials within any park or on any highways, roads
or streets abutting or contiguous thereto.
F. Enter an area posted as "Closed to the Public," nor shall any person
use or abet in the use of any area in violation of posted notices.
G. Gamble or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the governing
body.
H. Go onto the ice of any of the waters, except such areas as are designated
as skating fields and provided that a safety signal is displayed.
I. Sleep or protractedly lounge on the seats or benches or other areas
or engage in loud, boisterous, threatening, abusive, insulting or
indecent language or engage in any disorderly conduct or behavior
tending to breach the public peace.
J. Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
K. Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any public lands or highways or roads
adjacent to a park.
L. No person shall be on or use any playground equipment who is not
in compliance with the recommended ages as posted on signage at the
recreation park.
M. Wildlife feeding.
[Added 12-1-2022 by Ord. No. 2022-11]
(1) Purpose.
An ordinance to prohibit the feeding of unconfined wildlife in any
public park or on any other property owned or operated by the Township
of Plumsted, so as to protect public health, safety and welfare, and
to prescribe penalties for failure to comply.
(2) Definitions.
For the purpose of this subsection, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
(3) Prohibited
conduct. No person shall feed, in any public park or on any other
property owned or operated by the Township of Plumsted, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers, or feral cats as part of an approved trap-neuter-release
program).
(4) Enforcement.
(a) This
subsection shall be enforced by the Police Department or the Construction
Code Official or the Code Enforcement Officer of the Township of Plumsted.
(b) Any
person found to be in violation of this subsection shall be ordered
to cease the feeding immediately.
(5) Penalties.
Any person(s) who continues to be in violation of the provisions of
this subsection, after being duly notified, shall be subject to a
fine of not less than $100
nor more than $1,000 per day.
Permits for special events in parks shall be obtained by application
to the Clerk of the Township or other person designated by the governing
body in accordance with the following procedure:
A. A person seeking issuance of a permit hereunder shall file an application
stating as follows:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(3) The day and hours for which the permit is desired.
(4) The park or portion thereof for which such permit is desired.
(5) Any other information which the governing body shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued hereunder.
B. Issuance of permit.
(1) Standards for issuance of a use permit by the governing body include
the following findings:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary or
burdensome expense or police protection by the Township of Plumsted.
(e)
That the facilities desired have not been reserved for other
use at the date and hour requested in the application.
(2) The governing body may refer the application to other official Township
bodies for study and a written advisory report.
C. Appeal.
(1) Within thirty-five (35) days after receipt of an application, the
governing body shall appraise an applicant, in writing, of its reasons
for refusing a permit, and any aggrieved person shall have the right
to appeal to the governing body to reconsider its decision by serving
written notice thereof on the Clerk of the Township within five (5)
days of said refusal.
(2) A copy of said notice shall also be sent by the Clerk to any of the official Township bodies ref erred to by the governing body for study and a written advisory report prior to its action to refuse to issue a permit. The governing body shall reconsider the application under the standards set forth under Subsection
B hereof and sustain or amend its decision within thirty-five (35) days from the receipt of the appeal. The decision of the governing body on appeal shall be final.
D. A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permits.
E. The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued. The governing body shall have the right to
require any permittee to submit the 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 governing body prior to the commencement of any
activity or issuance of any permit.
F. Revocation. The governing body shall have the authority to revoke
a permit upon finding of violation of any rule or ordinance or upon
good cause shown.
Any person violating any of the provisions of this chapter or
any rule or regulation promulgated pursuant hereto shall, upon conviction,
be subject to the replacement, repair or restoration of any damaged
park property and shall be subject to a fine not exceeding five hundred
dollars ($500) and, in default of payment thereof, may be sentenced
to imprisonment in the county jail in the discretion of the Magistrate,
for a term not exceeding ninety (90) days.
[Added 7-3-2019 by Ord. No. 2019-08]
A. The Township of Plumsted shall hereby permit memorial benches for
friends and family to remember or honor individuals by sponsoring
such benches.
B. "Memorial bench" shall mean a bench as selected and approved at the
sole discretion of Plumsted Township, which shall include the bench
and a memorial plaque which plaque shall be affixed to such bench
and which plaque shall be inscribed with the name(s) of the person(s)
selected by the applicant.
C. The fee for each new memorial bench shall be $2,200, and the dedication
shall be for an initial period of seven years.
D. Rules and regulations.
(1) Anyone wishing to dedicate a memorial bench shall make application
to the Township of Plumsted. A completed application shall be reviewed
by the Memorial Bench Committee who will forward their recommendation
to the Township Committee for approval.
(2) Completed applications and all fees must be submitted to the Township
of Plumsted. Applications will be reviewed by the Memorial Bench Committee
who will meet three times per year in March, June and September. All
benches will be dedicated with a plaque and installed within 60 days
after acceptance and approval by the Township Committee and the Township's
receipt of the memorial bench from the vendor, if applicable.
(3) Memorial bench locations shall be selected by the Memorial Bench
Committee and approved by the Township Committee.
(4) Memorial benches shall be of a size, style and material as solely
determined by Plumsted Township. Plaques shall be of a size and style
as approved by the Memorial Bench Committee. Plaque inscriptions shall
be approved at the sole discretion of the Memorial Bench Committee.
(5) Memorial benches shall be installed by Plumsted Township at a location
selected by the Memorial Bench Committee giving due consideration
to public safety. Benches shall remain in place year-round unless
otherwise determined by the Memorial Bench Committee.
(6) Plumsted Township shall not be responsible for the replacement of
benches or plaques that have been destroyed due to vandalism or natural
occurrences such as fire or hurricane. Applicants may request the
replacement of destroyed memorial benches and or plaques at their
own cost and expense. No replacement bench or plaque shall be installed
without the express written approval of the Memorial Bench Committee.
(7) Should a bench be damaged due to vandalism or natural occurrences
such as fire or hurricane, the damage will be assessed by the Memorial
Bench Committee to determine if it is repairable. If the damage is
$400 or less, the bench will be repaired with the additional monies
that will be held in a trust from the initial fee. If a situation
arises where the Township Committee feels that a memorial bench no
longer serves its purpose, is damaged beyond repair or is a location
where it hinders construction, approved community development or hinders
public access, the Township Committee reserves the right to relocate
or remove the memorial bench.
(8) Memorial benches shall remain the property of Plumsted Township.
Dedications shall be honored for a period of seven years from approval
date. At the conclusion of this period, the memorial bench or plaque
may be removed by the Township unless, within 180 days from the date
of expiration of the full dedication period, a renewal application
and the requisite fee of $400 is paid to Plumsted Township. All renewals
shall conform to the rules and regulations as set forth herein for
the dedication of an initial memorial bench.