[Ord. No. 17-86]
It is hereby declared to be in the best interest of the health,
safety and general welfare of the citizens of the Borough that access
to and the use of Cedar Street Park shall be restricted during certain
hours.
[Ord. No. 17-86; Ord. No. 32-89]
No person shall be in the Cedar Street Park between the hours
of 10:00 p.m. and 6:00 a.m. except as otherwise provided herein.
[Ord. No. 17-86]
The provision of subsection 11-1.2 shall not apply to:
[Ord. No. 10-08; amended 12-6-2022 by Ord. No. 25-22]
a.
Permit Required for Use of Athletic Facility Lights. No person, entity
or organization shall use the athletic facility lights without first
securing a permit for the use thereof from the Borough official designated
by resolution of the Borough Council.
b.
Fee for Use of Athletic Facility Lights. The fee for use of the Cedar
Street Park Athletic Facility lights shall be in accordance with the
fee schedule established by resolution of the Borough Council.
[Ord. No. 17-86; Ord. No. 32-89]
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
of not more than $200 or imprisonment for a term not to exceed 90
days, or both.
[Ord. No. 6-82; amended 9-19-2023 by Ord. No. 10-23]
It is hereby declared to be in the best interest of the health,
safety and general welfare of the citizens of the Borough that access
to and the use of Beach Park (the recreational portion of Beach Park
located on Broad Street and First Street), including the gazebo located
at Beach Park, shall be restricted during certain hours.
[Ord. No. 6-82; Ord. No. 32-89; amended 9-19-2023 by Ord. No. 10-23]
No person shall be in Beach Park (which shall include the gazebo
and the recreational portion of Beach Park) between the hours of 11:00
p.m. and 6:00 a.m. except as otherwise provided herein.
[Ord. No. 6-82]
The provisions of subsection 11-2.2 of this section shall not apply to:
[Ord. No. 6-82]
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
of not more than $200 or imprisonment for a term not to exceed 90
days, or both.
[Ord. No. 15-79]
No person shall drive or operate or permit to be driven or operated
a motor vehicle, motorcycle, moped or other power-driven vehicle in
and on the parks and playgrounds owned and operated by the Borough
or any of its subdivisions, committees, or authorities.
[Ord. No. 15-79]
This section shall not be construed to prohibit operation of
motor vehicles as aforesaid upon public highways abutting or traversing
or within parks and playgrounds owned and operated by the Borough,
its committees or authorities, but is intended to prohibit the operation
aforesaid in and upon the private paths, pathways, play areas and
play fields of the aforesaid parks and play grounds owned and operated
by the Borough, its committees and authorities.
[Ord. No. 205; 1972 Code
§ 6-8.1]
All persons operating any motor or other boats in or upon the
waters of Raritan Bay within the Borough shall so navigate the boats
or vessels at a careful and prudent speed not greater nor less than
is reasonable and proper, having due regard to other navigation, harbor
and channel conditions and any other conditions then existing in the
immediate waters, and no person shall operate any boat or vessel at
such a speed as to endanger the life, limb or property of any person.
[Ord. No. 205; 1972 Code
§ 6-8.2]
Every motor or other boat anchored or moored in the waters of
Raritan Bay within the Borough shall be so moored or anchored or moored
upon the waters, and in such a manner as not to damage any docks,
piers or wharves lawfully placed on the waters of Raritan Bay within
the Borough.
[Ord. No. 205; 1972 Code
§ 6-8.3]
No person shall anchor, moor or otherwise place or station any
wreck, abandoned boat or abandoned vessel of any kind or nature or
hulk, derelict, or any other movable or immovable object of similar
nature in or upon the waters of Raritan Bay within the Borough.
[Ord. No. 205; 1972 Code
§ 6-8.4]
All boats or vessels propelled in whole or in part by gas, gasoline
or naphtha, burned or consumed in an engine exceeding 10 horse power,
while being operated, driven or propelled on any of the thoroughfares
or waterways lying within this State forming a boundary of the Borough,
shall be equipped and provided with efficient underwater exhaust or
muffler, so constructed and used as to muffle in a reasonable manner
and to reasonable extent the noise of explosion.
[Ord. No. 205; 1972 Code
§ 6-8.5]
All boats or vessels propelled in whole or in part by gas, gasoline
or naphtha burned or consumed in an engine, while being operated,
driven or propelled on any of the thoroughfares or waterways lying
within this State forming a boundary of the Borough, shall be equipped
and provided with an efficient muffler, so constructed and used as
to muffle in a reasonable manner and to a reasonable extent the noise
of the explosion.
[Ord. No. 205; 1972 Code
§ 6-8.6]
It shall be unlawful for the driver of any boat or vessel or
any occupant thereof to operate the cut-out or opening of any muffler
upon the engine of any boat or vessel while standing or being operated,
driven or propelled on any of the thoroughfares or waterways lying
within this State, forming a boundary of the Borough.
[Ord. No. 205; 1972 Code
§ 6-8.7]
No person shall throw, deposit, or otherwise place upon the
shore front of the Borough or upon the waters within the Borough any
garbage, debris, rubbish or other refuse material.
[Ord. No. 205; 1972 Code
§ 6-8.8]
If any person shall violate any of the provisions of this section
the cause of the violation shall be forthwith removed. This shall
be in addition to any other penalty provided in this Revision.
[Ord. No. 6-81; Ord. No. 32-89]
No person shall be permitted on the Keyport Fishing Pier, situated
adjacent to American Legion Drive in the Borough during the following
times, when the pier shall be closed to public use:
From 11:00 p.m. to 6:00 a.m.
From November 1 through March 31: 5:00 p.m. to 8:00 a.m.
[Ord. No. 32-89]
No person shall ride or operate a bicycle, moped or skate board
on the Fishing Pier.
[Ord. No. 33-92; amended 6-12-2018 by Ord. No. 11-18]
No person shall launch or haul out, at the municipal ramp and
boat launching facility situated on the easterly side of the northerly
end of Broad Street in the Borough, any boat or other water craft
of any type or design without first securing a permit therefor from
the duly authorized agent of the Borough employed for that purpose
or designated therefor or from the payment kiosk at the entrance to
the boat ramp.
[Ord. No. 33-92]
Persons desiring to secure such a permit shall furnish to the
duly authorized agent their name, address, description of their boats
or other watercraft, license numbers thereof, if any, and license
numbers of any motor vehicle or trailer to be used in connection with
launching and hauling out, and such other information as may be required
by order of the Mayor and Borough Council or by its aforesaid duly
authorized agent.
[Ord. No. 33-92; amended 6-12-2018 by Ord. No. 11-18]
All such permits shall be serially numbered for identification
purposes. The serial number of each such permit shall be entered in
a book for registration thereof opposite the name and address of the
permit holder. Persons engaged in launching or hauling out their boats
or other craft shall at all times have their permits affixed to the
trailer hauling their boat or other craft visible to any police officer
or other duly authorized agent or employee of the Borough.
[Ord. No. 33-92; Ord. No. 13-93; Ord. No.
8-95; Ord. No. 11-03; amended 3-4-2014 by Ord. No.
2-14; 6-12-2018 by Ord. No. 11-18; 10-2-2018 by Ord. No. 22-18; 3-15-2022 by Ord. No. 7-22]
a.
Fees.
1.
Each and every person who is an owner of the boat or boats for which
they seek a permit shall pay permit fees as follows:
|
Daily permit
|
$20
|
|
Annual permit, resident
|
$100
|
|
Annual permit, resident veteran
|
$50
|
|
Annual permit, nonresident
|
$200
|
|
Annual permit, nonresident veteran
|
$100
|
2.
Annual fees shall be for each year or part thereof. Annual permits
shall expire on December 31 of each year, and must be renewed annually.
b.
Annual permits must be affixed to the boat trailer and be visible
to enforcement agencies.
c.
Daily permits must be purchased at the kiosk at the boat ramp and
the receipt must be prominently displayed on the driver's side dashboard
of the vehicle towing the boat trailer.
d.
Exemption. All persons who have served in the Armed Forces of the
United States of America shall be eligible for a reduced annual fee,
upon presentation of proof of military service to the agency issuing
the appropriate boat ramp permit on an annual basis. Also, those persons
who are members of the Gold Star Parent Program, same being sponsored
by the County of Monmouth, New Jersey, may avail themselves to a reduced
annual fee, as veterans of the armed forces of the United States of
America.
[Ord. No. 33-92; Ord. No. 13-93; amended 10-2-2018 by Ord. No. 22-18]
Any unauthorized person who uses the boat ramp shall be subject
to a fine of $100.
[Ord. No. 5-09]
As used in this section, the following terms shall have the
meanings indicated:
A person who is at least 60 years of age whose principal
place of residence is in the Borough of Keyport.
[Ord. No. 5-09]
To become a member of the Keyport Senior Citizen Center, an
applicant must be 60 years of age.
[Ord. No. 5-09; amended 12-6-2022 by Ord. No. 25-22]
There shall be no fee for residents of Keyport. Proof of residency
shall be required for all members of the Senior Citizen Center. Nonresidents
shall be required to pay an annual membership fee of $100. Annual
fees shall expire on December 31 of each year and must be renewed
annually.
[Ord. No. 5-09; amended 12-6-2022 by Ord. No. 25-22]
All requests for the use of the Senior Citizen Center shall be in accordance with the policies and procedures set forth in § 11-9 of this chapter.
[Former § 11-7.5, Facility use permit fees, was repealed 12-6-2022 by Ord. No. 25-22. Prior history includes Ord. No. 5-09.]
[Former § 11-7.6, Indemnification and waiver, was
repealed 12-6-2022 by Ord. No. 25-22. Prior history includes Ord. No. 5-09.]
[Added 2-1-2022 by Ord. No. 1-22]
[Added 2-1-2022 by Ord.
No. 1-22]
The Borough Clerk is authorized to approve applications for
use of the Waterfront Park Gazebo and portions of Benjamin Terry Park
for wedding ceremonies, provided attendance is limited to not more
than 50 people, on such dates and at such times as the Borough Clerk
shall determine and subject to the rules and regulations as may be
adopted by resolution of the Borough Council governing the use of
these facilities for this purpose. The Borough Clerk shall prepare
such forms and establish procedures to implement this section.
[Added 2-1-2022 by Ord.
No. 1-22]
The fee for the use of designated recreational facilities for
wedding ceremonies is $100 for a maximum period of one hour which
shall be paid prior to approval by the Borough Clerk.
[Added 2-1-2022 by Ord. No. 1-22]
[Added 2-1-2022 by Ord.
No. 1-22]
In accordance with the provisions of the New Jersey Smoke-Free
Air Act, N.J.S.A. 26:3D-56, no person shall smoke any cigarettes,
cigars or other tobacco products including electronic smoking devices
at any public park or beach within the Borough of Keyport at any time,
which includes all piers, docks, walkways, promenades, playgrounds
and fields, but does not include any parking lot that is adjacent
to a recreation facility.
[Added 2-1-2022 by Ord.
No. 1-22]
The penalty for violation of this section is subject to a fine
of not less than $250 for the first offense, $500 for the second offense
and $1,000 for each subsequent offense.
[Added 12-6-2022 by Ord. No. 25-22]
[Added 12-6-2022 by Ord.
No. 25-22]
Borough parks and recreational facilities shall be available
for group usage subject to the policies and procedures set forth in
this section. Group usage is defined as any use or activity which
includes more than 20 persons by an individual, entity or organization.
[Added 12-6-2022 by Ord.
No. 25-22]
All requests for the group use of any Borough park or recreational
facility shall be made on forms provided by the Borough official designated
by resolution of the Borough Council.
[Added 12-6-2022 by Ord.
No. 25-22]
Fees for the use of any Borough park or recreational facility
shall be in accordance with the fee schedule established by resolution
of the Borough Council.
[Added 12-6-2022 by Ord.
No. 25-22]
Any group seeking to use any Borough park or recreational facility
shall provide proof of insurance and a certificate of insurance naming
the Borough of Keyport as an additional insured in an amount and in
such form as may be required by the Borough and the Borough's
insurance provider.
[Added 12-6-2022 by Ord.
No. 25-22]
The use of any Borough park or recreational facility shall be
in accordance with the rules and regulations as established by resolution
of the Borough Council.
Groups using any Borough park or recreational facility shall
be responsible for the removal of all trash and garbage prior to leaving.
Any group using a Borough park or facility shall designate an individual
responsible for the cleanup of the facility being used. In the event
all trash and garbage is not removed prior to leaving, the Borough
may deem it necessary to utilize Borough staff to remove the remaining
trash and garbage, in which case the responsible group shall be billed
in accordance with the fees established by resolution of the Borough
Council.
[Added 9-19-2023 by Ord. No. 11-23]
[Added 9-19-2023 by Ord.
No. 11-23]
The following terms, when used in this section, shall have the
following meanings:
Includes the person, or other entity applying for the special
event permit. Applicant shall include, but not be limited to, the
event's sponsor, organizer, or promoter.
An occasion in which a group of persons gather to engage
in or watch a sport or a form of exercise on private or public property
not designed for such activity and/or on a Borough street, sidewalk,
alley, or other street right-of-way, which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic, or does not
comply with traffic laws or controls. Athletic events include, but
are not limited to, bicycle and footraces.
A festive gathering on private property or a street which
may or may not require the closure of a street, or a portion thereof,
to vehicular traffic, and/or use of the street for the festivity including
barbecues, picnics, music or games.
The area(s) designated by the Business Administrator or administrator's
designee as an area within specific boundaries in which a permitted
special event may take place. Special event vendors will be allowed
within the boundaries of the entertainment areas with proper permitting
and approval of the Business Administrator or administrator's
designee.
A march or procession consisting of any number of persons,
animals, or vehicles, or a combination thereof, on any Borough street,
sidewalk, alley, or other right-of-way, which obstructs delays or
interferes with the normal flow of pedestrian or vehicular traffic,
or does not comply with traffic laws and controls.
All parks and bodies of water contained therein, squares,
drives, parkways, boulevards, trails, golf courses, museums, aquaria,
zoos, beaches, playgrounds, playfields, botanical gardens, greenbelts,
parking lots, community centers and other park, recreation and open
space areas and buildings and facilities comprising the parks and
recreation system of the Borough under the management and control
of the Borough.
The fee to be paid by the special event permit applicant
at the time the application is filed with the Borough. Such fee shall
be set by the Resolution.
Includes parking lots, malls, streets, avenues, ways, boulevards,
drives, places, alleys, sidewalks, and planting (parking) strips,
squares, triangles and nondedicated roadways and the space above or
beneath its surface, whether or not opened or improved, where the
proposed special event is not a permitted use pursuant to the Zoning
Ordinance in the zone in which the special event is proposed to take
place.
Includes streets, avenues, ways, boulevards, drives, places,
alleys, sidewalks, and planting (parking) strips, squares, triangles
and right-of-way for public use and the space above or beneath its
surface, whether or not opened or improved.
The amount of money required of a permittee by the Borough
if the special event is held in a public place, in order to assure
adequate cleanup of the special event site. However, if it is reasonably
anticipated that the holding of a special event on private property
will result in the need for a cleanup in a surrounding public area,
a deposit shall also be required, which shall be returned to the permittee
upon the completion of the event and approval of the Business Administrator.
Meeting, gathering, or group of persons, animals or vehicles,
or any combination thereof, having a common purpose, design or goal,
upon a private or public facility, street, sidewalk, park, waterway,
or other place, where the special event substantially inhibits the
usual flow of pedestrian or vehicular traffic or which occupies any
private or public area and impacts use in or around such area by the
general public. A special event shall include, but shall not be limited
to, farmer's markets, festival celebrations, concerts, parades,
block parties, athletic events, drive-in movies, and other similar
gatherings which meet one or more of the following: 1) is reasonably
expected to cause or result in more than 50 people gathering in a
park or other private or public place; 2) is reasonably expected to
have a substantial impact on a park or other private or public place;
3) is reasonably expected to require the provision of substantial
public services; or 4) occurs no more than four times per year with
each event lasting for no longer than 48 consecutive hours.
The permit issued by the Business Administrator or administrator's
designee after the applicant has met all applicable reviews and requirements
set forth in this chapter.
A permitted vendor allowed to operate within entertainment
areas during permitted special events.
An event which would impact in whole or in significant part
the public's normal and customary use of such place.
A material increase in the amount, scope, or level of necessary
fire, police, traffic control, crowd control, or other public services
above those that would normally be required without the event. With
respect to police resources, "substantial public services" means resources
for crowd management or traffic control required for the event over
and above the normal deployment of police in that geographic area
of the Borough at the time of day during which the event will occur.
[Added 9-19-2023 by Ord.
No. 11-23]
a.
Whenever a person, organization, or other entity desires to use a
park or a certain area of the park, public street or place, or quasi-public
private property when the use may impact public safety or Borough
services for a period of one day or any part thereof, or when a private
event on private property is such that it may impact public safety
or Borough services, that person shall make application to and obtain
from the Municipal Clerk a permit for the special event, which includes,
but is not limited to, a performance, show or entertainment, labor
strikes, road closings, large gatherings requiring other Borough permits,
protests or demonstrations.
b.
All events and activities must comply with applicable state statutes
and Borough ordinances. It is the responsibility of the applicant
to obtain all necessary and required permits and approvals.
c.
Applications for a special event permit shall be submitted to the
Municipal Clerk no less than 60 days before or within a reasonable
amount of time to be reviewed by the Business Administrator and submitted
for approval to the Mayor and Borough Council. There shall be a late
fee of $10 per day for applications submitted less than 60 days before
the event date.
e.
The application shall state the following:
1.
The name, address, and telephone number of the applicant, primary
contact person, and on-scene manager of the event.
2.
The name, address, and telephone number 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 portion of the park area or place for which the permit is desired.
5.
A description of and purpose for the special event.
6.
An estimate of the anticipated attendance.
7.
The anticipated charges or fees to members or persons attending.
8.
Any other information which the Business Administrator or administrator's
designee shall find reasonably necessary to a fair determination as
to whether a permit should be issued hereunder.
9.
A description of Borough equipment or services requested (however,
there shall be no guarantee that those services or equipment will
be made available).
f.
Standards for issuance of a special event permit shall include the
following:
1.
That the proposed activity or use of the park or requested area will
not unreasonably interfere with or detract from the general public
enjoyment of the park or surrounding area.
2.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety,
and recreation.
3.
That the proposed activity and use will not unreasonably restrict,
obstruct, interfere with or impede pedestrian right-of-way, a vehicle's
right-of-way, or ingress or egress from the requested or abutting
property.
4.
That the proposed activity will not entail extraordinary or burdensome
expenses upon the Borough when the event is deemed "sanctioned."
5.
That any facility desired has not been reserved for other use at
the date and time requested in the application.
6.
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime, or disorderly conduct, and will
not create a nuisance.
7.
That the appropriate certificate of insurance, if required, is issued
to the applicant naming the Borough as an additional insured for the
place, date, and time of the special event.
8.
Applicant shall meet any and all requirements and conditions (fees,
salary costs, public safety coverage, traffic control plans, etc.)
listed on an approved permit.
9.
The Borough may implement reasonable terms or conditions as to the
time, place, length and manner of the event; the implementation of
a plan presented by the applicant and approved by the Borough for
crowd control, traffic control, and security; compliance with health
and sanitary regulations as explicated by the Health Department for
the event; coordination with the Fire Department or Emergency Medical
Services; emergency communication; fire suppression equipment with
structures; maintenance of unobstructed emergency passageways; and,
where traffic congestion may be anticipated, encouraging the use of
public transit and carpooling. In determining conditions, the Business
Administrator or administrator's designee shall consider anticipated
impacts of the event based on an assessment of the event, including
size, scope, complexity, and history as well as the event's or
event organizer's successful implementation of conditions included
in previous permits. Conditions shall be based upon projected impacts
on public safety, public places and public services, but shall not
be based upon the programming content of the event or message that
the proposed event may convey.
10.
In order to accommodate other concurrent events, the rights of abutting
owners, and the needs of the public to use streets or parks, the conditions
may include, but are not limited to, reasonable adjustments in the
date, time, route or location of the proposed event; accommodations
of pedestrian or vehicular traffic using the street; and limitations
on the duration of the event.
11.
Any application for a special event permit shall be accompanied by
a fee, as established by resolution.
12.
Prior to the issuance of the special event permit, the applicant
must agree to reimburse the Borough for any costs incurred by the
Borough in repairing damage to Borough property and/or the public
rights-of-way which may occur in connection with the permitted event.
The applicant/permittee agrees to defend, indemnify and save harmless
the Borough, its appointed and elected officers and employees from
and against all loss or expense, including, but not limited to, judgments,
settlements, attorney's fees and costs by reason of any and all
claims and demands upon the Borough, its elected officials or employees
for damages because of personal or bodily injury, including death
at any time therefrom, sustained by any person or persons and on account
of damage to property or loss therefrom, arising out of any activity
under or in connection with the special event, except only such injury
as shall have been occasioned by the sole negligence of the Borough,
its appointed or elected officers or employees.
13.
The Business Administrator or administrator's designee has the
authority to require a refundable deposit for reimbursement of the
costs for cleanup services.
14.
The Business Administrator or administrator's designee shall
have the right to designate the areas to be used for permitted special
events.
[Added 9-19-2023 by Ord.
No. 11-23]
The Keyport Borough officials shall, in connection with their
duties imposed by law, diligently enforce the provisions of this chapter.
The Keyport Police Department shall have the authority to eject from
the park or area any person acting in violation of this chapter. Any
person who shall violate any provision of this chapter shall be summarily
evicted from the park, beach or other recreational area or place,
and may be denied further admittance to the park, beach or any other
recreational area. The Business Administrator may revoke the special
events permit and terminate the event for violations of this chapter.
[Added 9-19-2023 by Ord.
No. 11-23]
a.
Denial of application: A special event permit may be denied based
upon a determination that:
1.
The proposed event would unreasonably disrupt the orderly or safe
circulation of traffic or as would present an unreasonable risk of
injury or damage to the public;
2.
The event would seriously inconvenience the general public;
3.
The event would unreasonably infringe upon the rights of abutting
properties;
4.
The proposed event is proximate to another previously permitted or
scheduled event, so that the combined impacts and required public
services exceed what the Borough, after reasonable efforts have been
made to accommodate both events, can reasonably provide; or the proposed
event would interfere with construction or maintenance work in the
immediate vicinity, or unreasonably infringe upon the rights of abutting
properties;
5.
There are not sufficient safety personnel or other necessary Borough
staff to accommodate the event;
6.
The applicant failed to complete the application form after being
notified of the additional information or documents required;
7.
The applicant supplies false or misleading information, fails to
complete the application or to supply other required information or
documents, or declares or shows an unwillingness or inability to comply
with reasonable terms or conditions contained in the permit application;
8.
The applicant cannot meet, or is unwilling to meet, all of the requirements
of this chapter or any special conditions imposed by any of the reviewing
agencies;
9.
Other issues in the public interest were identified by the Business
Administrator or administrator's designee; or
10.
Failure to prepay expenses.
b.
Revocation of permit: The Business Administrator or administrator's
designee may cancel or revoke a permit already issued upon written
notice to the applicant stating the grounds for revocation if:
1.
The applicant, in the information supplied, has made misstatement
of a material fact, failed to fulfill a term or condition of the permit
in a timely manner, or submitted a permit fee which was insufficient
or incomplete; or
2.
The applicant requests the cancellation of the permit or cancels
the event; or
3.
An emergency or supervening occurrence requires the cancellation
or termination of the event in order to protect the public health
or safety. The Borough shall refund the permit fee in the event of
a revocation caused by an emergency or supervening occurrence and
shall refund the balance of the fee less its costs incurred if the
cancellation occurs at the request of an applicant who is in compliance
with this chapter.
