[1972 Code § 79A-1; Ord. No. 1219; Ord. No. 1899-02 § 1; Ord. No. 2003-07 § 1; amended 5-17-2021 by Ord. No. 2352-21]
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. No person shall erect, maintain, use or occupy on or in any park
or recreational area any umbrella, tent, canopy, shelter or structure
of any kind with the exception of the following:
[Amended 3-15-2021 by Ord. No. 2339-21]
(a)
Umbrellas with one central stanchion to support shade whether
upright or at a 90° position that is a collapsible circular shade
no greater than eight feet in diameter or radiating from its center
pole greater than seven feet six inches in height and does not contain
grounding lines, ropes or sides.
(b)
Devices designed or used to shade infants and small children,
also known as "baby tents," no larger than 40 inches high by 40 inches
wide by 40 inches deep.
(c)
Umbrellas and baby tents anchoring lines, tethers, or the like
shall not extend beyond the perimeter of the umbrella or baby tent.
(d)
All other umbrellas, tents, canopies or structures are strictly
prohibited except when a Use of Borough Property application has been
filed with the Clerk of the Borough of Manasquan and approved by the
Mayor and Council.
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 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. No person shall bring alcoholic beverages or narcotics into the parks
and recreation areas or drink alcoholic beverages and/or use narcotics
while in the parks and recreation areas, nor shall any person be under
the influence of intoxicating liquor or drugs while in the parks and
recreation areas at any time. No person shall smoke a cigarette, cigar,
electronic smoking device and/or other tobacco or cannabis product
or related paraphernalia in Borough parks and recreation areas.
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 unless a permit is obtained from
the Borough Fire Marshal and approved by Mayor and Council. Any open
fires on Borough owned land is expressly prohibited unless a valid
permit has been obtained and approved. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or other flammable material within any part 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; amended 5-17-2021 by Ord. No. 2352-21]
Permits for recreational programs and events at Borough parks,
facilities, and Manasquan Beach shall be obtained by submitting an
application to the Recreation Superintendent in accordance with the
following procedure:
a. A person seeking issuance of a permit hereunder shall file an application
with the Recreation Superintendent 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.
6. Parks
and Facilities rental terms and conditions are included in the application
and must be agreed to by the applicant.
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; amended 5-17-2021 by Ord. No. 2352-21]
Any submitted Borough of Manasquan Property/Facilities Use Application for permits as described in §
10-3.1 shall be reviewed for approval by the Manasquan Superintendent of Recreation.
[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.
[Added 5-17-2021 by Ord. No. 2352-21]
All parks and facilities in the Borough of Manasquan shall be
operated and maintained under the supervision of the Public Works
Committee of the Borough Council. Such committee shall direct the
layout, maintenance, and improvement of the grounds of said parks.
For that purpose, the Committee may employ such workmen and purchase
or contract for such materials as the Committee deems necessary, subject,
however, to the ultimate control of the governing body.
[Added 5-17-2021 by Ord. No. 2352-21]
It shall be the responsibility of the Manasquan Recreation Department,
with guidance and input from the Manasquan Recreation Committee, to
supervise and regulate all recreational programs and activities in Borough
parks and facilities to include Manasquan Beach and for that purpose
develop rules and regulations pertaining to the use of Borough parks
and facilities for recreational use. The Recreation Department may
request that the Beach/Recreation Committee of the Borough Council
consider employing recreation coordinators to facilitate programs.
The number of program coordinators that may be appointed and the salaries
for such positions shall be set by the governing body.
[Added 5-17-2021 by Ord. No. 2352-21]
a. Use fees
to be charged for the use of parks and facilities shall be set by
the governing body, and collection of such use fees shall be the responsibility
of the Manasquan Recreation Department. Any such collected use fees
shall be placed in a recreation fund to be expended for the improvement
of recreational facilities and for the purchasing of equipment and
supplies used in connection with the recreational facilities.
b. Use fees for non-recreation programs, events and activities may be found in Chapter
16, “Schedule of Fees” of the Manasquan Code Book.
c. For-Profit
programs, events and activities which are run through the Manasquan
Recreation Department will require a signed agreement with the requestor
where the vendor will receive 75% of the total gross profits and Manasquan
Recreation Department will receive 25% total gross profits. With an
agreement in place, the Manasquan Recreation Department will advertise
the vendor program in the local newspaper and promulgate it on social
media, the Manasquan Recreation Department website, and by way of
email blasts. In addition, Manasquan Recreation Department will upload
the vendor’s program registration form and a program description
onto the Borough’s online Community Pass platform. A waiver
of liability, code of conduct and refund policy are built into the
registration process. The Manasquan Recreation Department will also
conduct a background check on the vendor and any staff they may have
if the program involves working with children. The background check
is free of charge and does not require fingerprints to be submitted.
[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 § 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 was performed within the prior three-year period.
[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; repealed 5-17-2021 by Ord. No. 2352-21]