Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For regulations prohibiting dogs in public parks and playgrounds, see Chapter 5, Animal Control, Section 5-3.
[1972 Code § 79A-1; Ord. No. 1219; Ord. No. 1899-02 § 1; Ord. No. 2003-07 § 1]
a. 
No person in a public park and recreation area shall:
1. 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, water lines or other 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 or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
2. 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person above the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
3. 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
4. 
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 on special written permit issued in this chapter.
5. 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seeds of any trees or plants, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
6. 
Climb any tree, or walk, stand or sit upon monuments, vases, planters, foundations, railings, fences or upon any other property not designated or customarily used for such purposes.
7. 
Tie or hitch an animal to any tree or plant.
8. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall be remove or have in his possession the young of any wild animal, or the eggs, nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous or deadly reptiles may be killed on sight.
9. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any part or any tributary stream, 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.
10. 
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
11. 
Drive any motor vehicle on any area except on the paved park roads or parking areas, or such areas as may be otherwise posted.
12. 
Park a motor vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions and with the instruction of any attendant who may be present.
13. 
No unregistered motor vehicle shall be operated within a public park or on paved park roads or parking areas.
14. 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
15. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
16. 
Ride a bicycle without reasonable regard to the safety of others.
17. 
Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured by it.
18. 
Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereinafter adopted; nor shall any person frequent any waters or places customarily designated for the purposes of swimming or bathing, or congregate thereat, when such activities are prohibited by the Mayor and Council upon a finding that such use of the water would be dangerous or otherwise inadvisable.
19. 
Frequent any waters or places designated for the purposes of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Mayor and Council for such purposes for each individual site.
20. 
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into the tent, shelter or structure from at least two sides, nor shall any guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
21. 
Allow himself to be so covered with a bathing suit so as to indecently expose his person.
22. 
Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
23. 
Bring into or operate any boat, raft or other watercraft, whether motorpowered or not, upon any waters, except at places designated for boating. Such activity shall be in accordance with applicable regulations as are now or hereafter may be adopted.
24. 
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupant of any other boat.
25. 
Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on or remain on or in any boat during the closed hours of the park.
26. 
Fish in any area where bathing is permitted.
27. 
Carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
28. 
Picnic or lunch in a place other than those designated for the purpose.
29. 
Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded.
30. 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
31. 
Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation.
32. 
Engage in any prohibited act or activity or violate any rule or regulation established by a resolution duly adopted by the Borough Council; provided that such prohibited act, prohibited activity, rule or regulation is conspicuously posted in the public park or recreation area.
33. 
Play or take part in playing baseball, basketball, football, soccer or other similar activities prior to 8:00 a.m. and after sunset or through the time in which the park is illuminated, whichever is later.
b. 
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:
1. 
Bring alcoholic beverages or drink the same at any time, nor shall any person be under the influence of intoxicating liquor in the park or recreation area.
2. 
Have in his possession, set or otherwise cause to explode, discharge or burn any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material or discharge them or throw them into such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substances or compound would be dangerous from any of the foregoing standpoints. At the discretion of the Mayor and Council, permits may be given for conducting properly supervised fireworks in designated park areas.
3. 
Appear at any place in other than proper clothing.
4. 
Solicit alms or contributions for any purpose, whether public or private.
5. 
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 material within any park or on any highways, roads or streets abutting or contiguous thereto.
6. 
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.
7. 
Gamble or participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the Mayor and Council.
8. 
Go onto the ice on any of the waters, except such areas as are designated as skating fields and provided that a safety signal is displayed.
9. 
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.
10. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
11. 
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.
[1972 Code § 79A-2; Ord. No. 1219; Ord. No. 1587-92]
a. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from the hour of 7:00 a.m. through sunset or through the time in which the park is illuminated, whichever is later. No person shall enter upon or occupy any park except during such hours without the written permission of Mayor and Council.
b. 
Any section or part of any park may be declared closed to the public at any time for any interval of time, either temporary or at regular and stated intervals, daily or otherwise, and either entirely or merely for certain uses.
[1972 Code § 79A-3; Ord. No. 1219; New; Ord. No. 2201-2016]
Permits for special events in parks shall be obtained by application to the Municipal Clerk in accordance with the following procedure:
a. 
A person seeking issuance of a permit hereunder shall file an application with the Municipal Clerk's Office stating:
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. 
Certificate of liability insurance in an amount established by the Mayor and Council and naming the Borough as the insured party.
b. 
Individuals or Groups Seeking Issuance of a Permit Hereunder for a Walk/Run/Race in the Borough.
1. 
Fully complete and submit to the Borough Clerk, for approval by the Mayor and Borough Council, the application entitled "Application for Walk/Run/Race" attaching a fully detailed map of the proposed route along with the application fee of $50.
2. 
The application must be submitted at least 30 days prior to the event.
3. 
Events proposed from May 1st through the first weekend of October are discouraged as are events requiring road closures. No more than one event per date will be approved.
4. 
Provide a Certificate of Liability Insurance naming the Borough of Manasquan as an additional insured in an amount of not less than $1,000,000 is required and shall be submitted at least seven days prior to the event or any approvals shall be rescinded.
5. 
The application shall be reviewed by the Police Department who will provide an agreement advising the manpower requirements as determined by the Chief of Police or his designee. An invoice will be sent to the applicant within 30 days of the event and is due and payable immediately after the event. Failure to pay the invoice, will result in the denial of future events.
6. 
All applicants shall be bound by the terms of the "Application for Walk/Run/Race" and the terms of the agreement with the Police Department.
[1972 Code § 79A-3; Ord. No. 1219]
Standards for issuance of a use permit include the following findings:
a. 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
b. 
The proposed activity and use will not unreasonably interfere or detract from the promotion of public health, welfare, safety and recreation.
c. 
The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
d. 
The proposed activity will not entail extraordinary or burdensome expense or police operation by the Borough.
e. 
The facilities desired have not been reserved for other use at the date and hour requested in the application.
[New]
Applications for permits shall be reviewed for approval by the Mayor and Council at any regular or special meeting.
[1972 Code § 79A-3; Ord. No. 1219]
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
[1972 Code § 79A-3; Ord. No. 1219]
The Mayor and Council shall have the authority to revoke a permit upon finding of violation of any rule or ordinance, or upon good cause shown.
[Ord. No. 2125-12 § 2]
As used in this section, the following terms shall have the meanings indicated:
COSPONSORED PROGRAM
Shall mean any program, including but not limited to nonprofit youth serving organizations as defined below, which receives benefits, either directly or indirectly, including but not limited to the provision of funding and/or the provisions of fields, facilities and/or equipment (and including the maintenance of same), from the Borough of Manasquan.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
NONPROFIT YOUTH SERVING ORGANIZATIONS ("YOUTH ORGANIZATION")
Shall mean a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes or other law of this State, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from Federal income taxes.
REVIEW COMMITTEE
Shall mean a committee consisting of the Borough Administrator, the Borough Attorney and the Chief of Police. The Committee shall be charged with the review of all appeals of any volunteer coach whose criminal history background check reveals a disqualifying criminal conviction.
SPONSORED PROGRAM
Shall mean recreation programs run directly by the Borough of Manasquan, including oversight, control and/or fiscal contribution.
STATE BUREAU OF IDENTIFICATION
Shall mean the entity located within the New Jersey State Police responsible for retrieving criminal background information on individuals as requested by State, local or private entities.
VOLUNTEER COACH
Shall mean any person involved with coaching or supervising participants in a sports-related nonprofit youth serving organization, whether the title is coach, manager or another title consistent with these terms.
VOLUNTEER REVIEW OPERATION ("VRO")
Shall mean the unit located within the State Bureau of Identification that is responsible for administering criminal background checks for volunteer coaches as specified in this section.
[Ord. No. 2125-12 § 3]
a. 
The Borough of Manasquan requires that all volunteer coaches of nonprofit youth serving organizations ("youth organization") involved in sponsored or cosponsored programs request through the youth organization that the State Bureau of Identification and the Federal Bureau of Investigation ("FBI") conduct a criminal history record background check on each prospective and current volunteer coach of youth organizations in accordance with N.J.A.C. 13:59-1.1 et seq. and with the procedures and guidelines adopted by the VRO. No person will be permitted to act as a volunteer coach until the results of the background checks have been received and reviewed by the Manasquan Borough Recreation Committee through coordination with the youth organization.[1]
[1]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
b. 
The youth organization shall have a criminal history record background check conducted only upon receipt of the name, address, fingerprints and written consent from the prospective or current volunteer coach.
c. 
Any prospective or current volunteer coach of a youth organization who refuses to consent to this procedure shall not be permitted to participate in any sponsored or cosponsored programs involving youth organizations.
d. 
The Borough shall bear the costs associated with conducting criminal history record background checks for prospective or current volunteer coaches for Borough sponsored programs. The youth organizations shall bear the costs for conducting checks for prospective or current volunteer coaches participating in cosponsored programs in accordance with the regulations established by the VRO.
e. 
The Chairperson of the Recreation Committee may set forth policies and procedures which shall not be inconsistent with this section.[2]
[2]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
f. 
The VRO shall advise the youth organization of the eligibility of the prospective or current volunteer coach under the law. The youth organization shall immediately provide this information to the Manasquan Borough Recreation Committee. Any information received by the youth organization and Recreation Committee shall be confidential.[3]
[3]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
g. 
Criminal history background checks will be performed for individuals under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq. and with the procedures and guidelines adopted by the VRO.
h. 
Failure to comply with the provisions of this section may result in the Borough of Manasquan withholding funding for the program, youth organization or league, and/or prohibiting the use of the Borough facility.
[Ord. No. 2125-12 § 4]
A person may be disqualified from serving as a volunteer coach of a youth organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
a. 
In New Jersey, any crime or disorderly persons offense:
1. 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.;
2. 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
3. 
Involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;
4. 
Involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a of N.J.S.A. 2C:35-10.
b. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in subsection a of this section.
c. 
Nothing herein shall be construed to authorize an excluded sex offender, as defined in section 1 of P.L. 2009, c. 139 (C. 2C:7-22), to serve as a volunteer in a youth serving organization or any other entity from which the excluded sex offender is otherwise statutorily disqualified.
[Ord. No. 2125-12 § 5]
Prospective or current volunteer coaches of youth organizations for cosponsored programs shall submit their names, addresses, fingerprints, written consent, and any other necessary information to the youth organization for the criminal history record background check to be performed. The youth organization shall coordinate the background check and refer the information to the State Bureau of Investigation for the background check. The youth organization shall be responsible for obtaining the above information for all prospective and current volunteer coaches. Thereafter, the youth organization shall coordinate criminal background checks every three years after the date of the initial check. Notwithstanding any provision herein to the contrary, the Borough may also contract with a youth serving recreation organization which may conduct the criminal history background checks in accordance with the provisions of this section.
[Ord. No. 2125-12 § 6]
Notwithstanding prior compliance with the within section, no individual shall be permitted to continue as a volunteer coach of youth organizations in any capacity unless the latest criminal history background check on file with the Borough of Manasquan Recreation Committee[1] was performed within the prior three-year period.
[1]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
[Ord. No. 2125-12 § 7]
a. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the youth organization, members of the Review Committee and the Recreation Committee,[1] as authorized by Federal or State statute, rule or regulations, executive order, administrative code, local ordinance or resolution regarding obtaining and disseminating of criminal history record information obtained under this section.
[1]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
b. 
The youth organization, Review Committee and Recreation Committee[2] shall limit its use of criminal history record information solely to the authorized person for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized persons. Any person violating Federal or State regulations, governing access to criminal history record information may be subject to criminal and/or civil penalties.
[2]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
[Ord. No. 2125-12 § 8]
a. 
The VRO shall make a recommendation based on the provisions of N.J.S.A. 15A:3A-1 et seq. as to whether the prospective or current volunteer coach is being recommended. The VRO will provide the youth organization with a letter of recommendation or nonrecommendation for each individual for whom the VRO completed a background check. The youth organization will immediately provide the letter to the Recreation Committee.[1]
[1]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
b. 
The Recreation Committee shall promptly notify a prospective or current volunteer coach who receives a letter of nonrecommendation from the VRO via certified and regular mail. Individuals who receive a letter of nonrecommendation from the VRO will not be permitted to participate as a volunteer coach. Such individuals may obtain a copy of their criminal history record by contacting the VRO in writing. The individuals shall then have 30 days from the receipt of notification from the Recreation Committee to petition the Review Committee in writing for a review and to cite reasons substantiating the review.[2]
[2]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
c. 
Within 10 days of the filing of a written notice of appeal, the Review Committee shall send a written notice to the applicant via certified and regular mail providing a hearing date no later than 30 days from the filing of the notice of appeal. The Review Committee's letter shall inform the individual that he or she has the right to be represented by counsel and that he or she may call witnesses and present documentation on his or her behalf.
d. 
The hearing before the Review Committee shall be closed to the general public. It shall be attended only by the members of the Review Committee, the appealing individual, his or her attorney if so retained, and any witnesses called by the appealing individual, which witnesses shall be present only for the period of their own testimony.
e. 
Individuals may be permitted to serve as a volunteer coach if they establish that the background check produced inaccurate information, or alternatively, if they affirmatively demonstrate rehabilitation to the Review Committee by clear and convincing evidence. In determining whether a person has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1 et seq.:
1. 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
2. 
The nature and seriousness of the offense;
3. 
The circumstance under which the offense occurred;
4. 
The date of the offense;
5. 
The age of the person when the offense was committed;
6. 
Whether the offense was an isolated or repeated incident;
7. 
Any social conditions which may have contributed to the offense;
8. 
Any evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work release programs or the recommendation of those who have had the person under their supervision; and
9. 
Any other evidence the Review Committee deems relevant in determining rehabilitation.
f. 
In all instances, the final determination of whether an individual will be permitted to serve as a volunteer coach will lie in the sole discretion of the Review Committee.
g. 
The Review Committee shall promptly advise the prospective or current volunteer coach whether he or she is qualified to serve as a volunteer coach. The Review Committee shall also notify the youth organization affected by the decision via regular mail.
h. 
When the Recreation Committee receives a letter of recommendation or nonrecommendation from the VRO, the letter shall be kept on file with the Recreation Committee for not less than three years from the date is was issued and consistent with Chapter 15:3-17 et seq. of the New Jersey Administrative Code.[3]
[3]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
i. 
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Recreation Committee pursuant to the provisions of this section.[4]
[4]
Editor's Note: Amended pursuant to Ord. No. 2274-19, adopted 2-19-2019, which replaced the Board of Recreation Commissioners with the Recreation Committee.
[Ord. No. 2125-12 § 9]
Failure to comply with the provisions of this section may result in the Borough of Manasquan withholding funding for the program, youth organization or league, and/or prohibiting the use of the Borough facility.
[1972 Code § 98-2; Ord. No. 1032; Ord. No. 1374]
The Borough Council shall have the right to establish, in writing, reasonable rules and regulations for the use and maintenance of the tennis courts. The rules and regulations shall be available upon request, and further, pertinent excerpts of such rules and regulations shall be posted conspicuously at the municipal tennis courts.