A municipal swimming pool is hereby established as a recreational
facility to be operated as a municipal service for the health, recreation
and welfare of the residents of the Borough of Avon-by-the-Sea.
[Added 5-27-08 by Ord. No. 3-2008]
A. The use of the Municipal Swimming Pool shall be for the use of residents
and nonresidents of the Borough of Avon-by-the-Sea. Nonresident guests
at the Municipal Pool must be sponsored by a resident of the Borough
of Avon-by-the-Sea. A resident shall sponsor no more than four nonresident
guests per season. A nonresident guest shall complete an application
which shall contain such provisions as the Director may establish.
No more than 950 badges will be sold in any given season.
For the purposes of this article, a resident is a property owner
of Borough of Avon-by-the-Sea or a lessor of a residential dwelling
located in the Borough of Avon-by-the-Sea pursuant to a written lease.
B. The licensee of bed and breakfast facility, hotel, and/or rooming
house situated within Borough of Avon-by-the-Sea is permitted to purchase
no more than eight seasonal badges for the exclusive use of its guests.
Authorization is hereby given to the Director of the department
to which said facility is assigned to do all necessary things for
the efficient maintenance and operation of the facility, including
the expenditure of such moneys as shall have been appropriated for
the construction, repair, improvement or replacement of the swimming
pool, bathhouses, buildings, grounds and the facilities necessary
to their efficient maintenance and operation and also for the employment
of such per-sons as said Director shall deem to be proper to the operation
of the facility.
[Added 6-24-96 by Ord. No. 17-1996]
The Director of the Municipal Pool shall have the authority
to issue permits to any duly organized and officially sanctioned swim
team for the purposes of using the Avon Municipal Pool on an hourly
basis for conducting swimming practices or swim meets. The hourly
charge for such permit shall be $40. The hours, duration, terms and
conditions of said permits shall be within the discretion of the Pool
Director subject to the review and approval of the supervising member
of the Avon Board of Commissioners. The Municipal Clerk shall design,
and from time to time revise, a permit application designed to carry
out the intent of this section.
Authorization is hereby given to the Director to enforce the
system of admission charges set forth herein by such registration
procedures as shall be deemed desirable by him, including the purchase
and issuance of identification badges, and to provide for the accounting
and security of the moneys received therefrom.
Authorization is hereby given to the Director to enforce law
and order in said facility by promulgating and posting in a prominent
place in the facility such rules and regulations as shall be deemed
in order to the extent that the persons using said facility are validly
registered and use the facility in no way contrary to the health,
peace, comfort, welfare or safety of themselves or the other persons
present, which notice shall indicate that such rules and regulations
constitute specific applications of the regulatory power of this article,
and that violations of such rules and regulations constitute violations
of this article. The Director is further authorized to employ and
provide such persons and methods as shall be required for the enforcement
of such rules and regulations.
Authorization is hereby given to the Director to fix by proclamation
the opening and closing dates of the season of operation of said facility
and to suspend the operation of said facility if, in his judgment,
the public health, safety or welfare should so require.
[Amended 5-11-1978 by Ord. No. 8-1978; 1-28-1980 by Ord. No. 2-1980; 2-22-1982 by Ord. No. 2-1982;
2-28-1983 by Ord. No. 2-1983; 2-11-1985
by Ord. No. 2-1985; 2-24-1986 by Ord. No. 4-1986; 3-14-1988 by Ord. No. 4-1988 5-8-1989 by Ord.
No. 10-1989; 2-26-1990 by Ord. No.
7-1990; 2-24-1992 by Ord. No. 4-1992; 5-11-1992 by Ord. No. 10-1992; 4-26-1993 by Ord. No. 6-1993; 4-11-1994 by Ord. No. 6-1994;
7-11-1994 by Ord. No. 11-1994; 5-22-1995
by Ord. No. 13-1995; 3-11-1996 by Ord. No. 3-1996; 4-23-2007 by Ord. No. 5-2007; 5-27-2008 by Ord.
No. 3-2008; 4-27-2009 by Ord. No.
7-2009; 5-10-2010 by Ord. No. 4-2010; 5-29-2012 by Ord. No. 9-2012; 4-26-2021 by Ord. No. 12-2021]
A. The following rates shall be charged for the identification badges
issued, which badges shall not be transferable and without which no
person may use the said facility:
(1) Season adult badges (ages 15 through 59): Residents: $100; nonresidents:
$110.
(2) Season child badges (ages three through 14): Residents: $80; nonresidents:
$90.
(3) Daily guest badge, available to season badge holders only: $12 for
adults (ages 15 and over); $11 for children (ages three through 14).
(4) Senior citizens badges (ages 60 through 69): Residents: $80; nonresidents:
$85.
(5) Super senior citizen badges (age 70 and over): $70.
B. The fees set in this section do not include sales tax. In the event
it is determined that the aforesaid fees are subject to New Jersey
sales tax as set forth in P.L. 2006, c. 44, the Borough is hereby
authorized to access and to collect the sales tax at such rate as
determined by state law.
[Amended 8-27-79 by Ord. No. 7-1979; 4-22-02 by Ord. No. 5-2002]
Any person who violates any provision of this article shall, upon conviction thereof, be liable to the penalty provided by Chapter
1, Section
1-15.