[Ord. No. 296 § 1]
This chapter shall be known as the "Park and Recreational Area Regulations of Maurice River Township."
[Ord. No. 296 § 2]
While in a public park or recreational area, all persons shall conduct themselves in a proper and orderly manner, and in particular, all persons shall:
a.
Use and maintain restrooms and washrooms in a neat and sanitary condition. No person over the age of six (6) years shall use the restrooms or washrooms designated for the opposite sex.
b.
Swim, bathe or wade only in bodies of water or waterways and at such places in or adjacent to any park as are provided for such activities. No person shall frequent any waters or places customarily designated for the purpose of swimming or bathing when such activities are prohibited by the Recreation Committee.
c.
Fishing will be only in designated areas.
d.
Obey the rule of "First come, first serve" at all sites and in connection with all facilities in any park or recreational areas, unless the Recreation Committee authorized use of such a facility or area at a designated time by written permission as provided for herein. Attendants shall have the authority to regulate activities and use of facilities in such areas when necessary to prevent congestion and to secure maximum use for the comfort and convenience of all. Visitors shall comply with any directions given for this purpose. Use of any facility shall be reasonable as to area and in length of time in relation to the number of persons desiring to use such facilities, and no person shall arbitrarily or unreasonably exclude or prevent other persons from using such facilities.
e.
Utilize any facility or area of a park or recreational area for other than the designated use of the facility or area. Participating in or abetting the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, horseshoes, quoits, or model airplanes shall be in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball, lacrosse and hockey shall only be allowed on the fields and courts or areas provided therefore. Rollerskating and skateboarding shall be confined to those areas specifically designed for such activity.
f.
Pets or animals shall be restrained at all times on adequate leashes not greater than six (6) feet in length. Dogs shall not be permitted to run at large. The riding of horses shall be on designated bridle trails where permitted. Horses shall be thoroughly broken and ridden with due care, and shall not be allowed to graze or go unattended, nor shall horses be hitched to any rack, tree or shrub.
g.
Appear at any place in other than proper clothing so as not to indecently expose oneself. Nor shall any person dress or undress for any purpose in any place, vehicle or structure, except in those structures provided and designated by posted notice for such purpose.
h.
Boating shall be confined to those waters and at such times as are designated for such purpose by the Recreation Commission. Any person navigating, directing or handling any boat shall do so in a manner so as to not unjustifiably or unnecessarily annoy, frighten or endanger the occupant of any other boat.
i.
Picnic areas shall be kept clean with all trash, refuse, garbage and debris placed in designated disposal receptacles where provided. If no trash receptacles are available, but full, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. No person shall leave a picnic fire unattended nor leave a picnic area before any fire is completely extinguished.
j.
Bicycling shall be confined to areas so designated for such activity and shall be ridden with all reasonable regard to the safety of others. Bicycles shall be parked in bicycle racks or other areas when such is provided and there is space available. No bicycle shall be left lying on the path, ground, paving or set against trees, or in any place or position where other persons may trip over or be injured by them.
k.
Vehicles shall be driven and parked only on roads and parking areas so designated by the Recreation Committee in the manner and at times set forth by the Committee. Vehicles shall be driven in accordance with posted directions and/or with the instructions of any authorized attendant who may be present.
[Ord. No. 296 § 3]
No person in a public park or recreation area shall:
a.
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, bridges, tables, fences, benches, fireplaces, grills, railings, paving or paving materials, water lines, public utilities or parts or 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 whatsoever, either real or personal.
b.
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except by special written permit issued hereunder.
c.
Dig or remove any soil, rock, sand, stones, wood or wood materials or make any excavation by tool, equipment, blasting or other means or agency, except with written authorization of the Township Recreation Committee.
d.
Damage, cut, carve, transplant or remove any tree or plant; or injure the bark, pick flowers or seed of any plant or tree, dig in or otherwise disturb grass areas, or in any other way injure the flora and its usefulness in any area.
e.
Climb any tree or walk, stand or sit on monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
f.
Tie or hitch an animal to any tree or plant.
g.
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 animal, 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 snakes, known to be deadly poisonous, or deadly reptiles.
h.
Throw, discharge or otherwise place or cause to be placed in the waters of any body of water, natural or man-made, in or adjacent to any park or any tributary street, 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 the waters.
i.
Have brought in, dump, deposit or leave trash, dirt, bottles, broken glass, refuse, garbage, debris or other waste materials.
j.
Solicit alms or contributions for any purpose, whether public or private, unless written permission is granted by the Recreation Committee.
k.
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 Recreation Committee. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or any other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
l.
Have in his/her possession, or set or otherwise cause to explode, discharge or burn, any firecrackers, torpedo rockets, or other fireworks, explosives; or discharge or throw the 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 inflammability and explosion. Upon proper application, the Recreation Committee may grant permits for conducting properly supervised firework displays in designated park areas.
m.
Bring alcoholic beverages, drink same at any time, or be under the influence of intoxicating liquor in a park or recreational area.
n.
Gamble, or participate in or abet any game or chance except when such game or chance is authorized by permit of the Recreation Committee.
o.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a valid permit.
p.
Expose or offer for sale any article or object; 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 section in connection with any regularly licensed concessionaire acting by and under the authority and regulation of the Recreation Committee.
q.
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.
r.
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.
[Ord. No. 296 § 4]
Except for unusual and unforeseen emergencies, parks and recreational areas shall be open to the public every day of the year from sunrise until sunset unless otherwise designated by a rule or regulation of the Recreation Committee from time to time. The rules and regulations shall be posted, but failure to post or to keep the same posted shall not invalidate the rules and regulations. All persons shall obey the rules and regulations of the Recreation Committee including the hours for use of any park or recreational area, or part thereof, or for any activities therein, as designated. Any section, part or facility may be declared closed to the public by the Recreation Committee at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and with entirety or merely to certain uses, as the Recreation Committee shall find reasonably necessary.
[Ord. No. 296 § 5]
In order to insure the availability of all park and recreational facilities to the greatest number of persons, no organized group, and no unorganized group consisting of more than ten (10) persons, shall use any area or facilities within any park or recreational area without first obtaining a permit as provided herein. Other persons desiring to reserve a park area or facility for a stated time may, at their option, apply for a permit for this purpose. Permits for special events or use of particular areas or facilities of a park or recreational area shall be granted by the Recreation Committee after submission and review of an application in accordance with the following:
a.
An applicant seeking issuance of a permit hereby shall file an application with the Recreation Committee which application shall include but not be limited to the following:
1.
The name and address of the applicant.
2.
The name and address of person, persons, corporation, association or organization sponsoring the activity, if any. If a corporation, association or organization, the name and address of the President and Secretary of the organization and relationship of applicant to the organization.
3.
The date and time for which permit is desired.
4.
The park or portion thereof for which such permit is desired.
5.
The activity to be undertaken or reason for the application.
6.
The number of persons anticipated to participate.
7.
Any other information which the Recreation Committee shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
b.
Standards for issuance of a use permit by the Recreation Committee shall 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 include violence, crime or disorderly conduct.
4.
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Township.
5.
That any fees assessed participants or requests for contributions will be solely for the purpose of offsetting or equalling 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.
c.
All permits issued shall be on the conditions 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 organizations 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, persons or organization to whom such permit shall have been issued. The Recreation Committee 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 Recreation Committee.
3.
The permittee shall maintain the park, recreational area or facility by removing all trash or debris and restoring of the area or facility 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, no alteration of a natural or man-made feature, facility or object shall be allowed unless so authorized in the permit issued by the Recreation Committee and when so authorized, in accordance with its requirements for such use or alterations.
5.
All permits shall be available for inspection by any person or persons authorized to enforce this chapter and rules and regulations promulgated pursuant thereto.
6.
No permit shall be valid except for the facilities, area and time expressly set forth therein.
7.
Any other reasonable requirement, condition or restrictions which the Recreation Committee authorized.
8.
No fees shall be charged for a permit but the Recreation Committee may require a cash deposit in reasonable amount to insure performance of the terms and conditions of the permit, which deposit shall be refundable after deducting the cost of necessary expenses incurred by the Recreation Committee in restoring the leased area to the condition the same was in at the time the permit was issued, reasonable wear and tear excepted.
d.
Applications for permits shall be submitted to the Recreation Committee, or its duly authorized representatives. Action thereon shall be taken within a reasonable time in accordance with the rules and regulations of the Recreation Committee. If a permit is denied, the applicant shall be given written notice setting forth the reasons therefor.
e.
If a permit is denied by the Recreation Committee, or its duly authorized representative, the applicant shall have the right to appeal the decision to the Township Committee by serving written notice therefor on the Township Clerk within five (5) days from receipt of notice of denial. A copy of the notice shall also be served on the Recreation Committee, or its duly authorized representatives, within the same time and the Committee shall immediately forward the application and the reasons for its refusal to the Township Committee which shall consider the application under the standards set forth under paragraphs a, b, and c hereof. The Township Committee shall consider such appeal at its next regular meeting, or prior thereto at a special meeting on not less than two (2) days written notice to the applicant, which appeal shall be considered on the record without public hearing or further testimony, provided applicant may upon request confer with the Township Committee, and in any event the Township Committee shall affirm, reverse or modify the decision of the Recreation Committee within thirty (30) days from the filing of notice of appeal, in default whereof the appeal shall be considered denied. Written notice of the decision of the Township Committee upon any appeal shall be given to the applicant within ten (10) days thereof.
f.
The Recreation Committee shall have the authority to revoke a permit if the applicant, or any person acting in his behalf, shall violate any of the provisions of this chapter, or any rule, regulation or by-law of the Recreation Committee, or any of the restrictions, terms or conditions under which the permit was issued. In the event of such revocation the applicant shall have the right to appeal to the Township Committee in the same manner and on the same terms set forth in Section 9-5e.
[Ord. No. 296 § 6]
The Recreation Committee, or its duly authorized representatives, including the custodians, supervisors and assistants appointed by the Board, or any authorized Police Officer, shall be responsible for the enforcement of this chapter and the rules, regulations and by-laws of the Recreation Committee, and shall have the authority to eject from any park or recreation area any person or persons acting in violation thereof, and shall also have the authority to seize and confiscate any property, thing or device which is used or permitted to be in any park or recreational area in violation thereof.
[Ord. No. 296 § 7]
Notwithstanding any of the provisions of this chapter, the Township Committee on behalf of the Township may enter into an agreement with the Board of Education concerning the control and use of any park or recreational facility, or any part thereof, for a specified length of time and in such event such agreement may provide that such use shall be exclusive and free from any control or supervision by the Recreation Committee, provided such use by the Board of Education shall be permitted only in accordance with the provisions of this chapter and the Board of Education shall thereupon be responsible for the enforcement of this chapter.
[Ord. No. 296 § 8]
Any person who shall violate any rules or regulations or duly adopted by the Recreation Committee may be deemed and adjudged a disorderly person by any Court of competent jurisdiction, as provided by law.
[Ord. No. 296 § 9; New]
Any person violating any of the provisions of this chapter, or any rule or regulation of the Recreation Committee shall, upon conviction, be liable to a penalty stated in Chapter 1, Section 1-5 and the Municipal Court may also order the replacement, repair or restoration of any property damaged by such person in a park or recreational area.
[Ord. No. 2015-642]
a.
Annually, from May 1 through June 8, there shall be no public access to the Delaware Bay Beaches within Maurice River Township.
b.
Notwithstanding the above, the following Township owned facilities and areas shall remain open for public use:
1.
The Thompson's Beach Road boat ramp and bird observation tower.
2.
The Thompson's Beach parking lot to include the East Bay Avenue, Lot 1-12, and west via the Dike Trail to what is commonly known as the Balloto property.
3.
The East Point boat ramp and fishing beach.
4.
The East Point public parking lot and access area.
5.
The Riggins Ditch Bridge access area.
6.
The Thompson's Beach Road bridge between the boat ramp and bird observation tower and the Delaware Bay access area.
The intent of this section is to permit limited public access to Township-owned facilities and areas during a limited period of each year to provide for protection of the migrating red knot.