The general power to adopt local police ordinances of
all kinds is contained in the Charter, R.S. 40:69A-29, 30. The power
to adopt the New Jersey State Swimming Pool code by reference is contained
in R.S. 40:69A-181.
The construction, maintenance, and operation of all general
public, club, camp, and commercial pools in the Township of Ocean
shall be in accordance with Sections 3 to 15, inclusive, of the Swimming
Pool Code of New Jersey - 1970 and said sections are hereby adopted.
A copy of said sections is annexed hereto and made a part thereof
without inclusion of the text thereof. Three copies of the said Swimming
Pool Code of New Jersey - 1970 have been placed on file in the office
of the Clerk of the Township of Ocean and the office of the department
of community development of the Township of Ocean and will remain
on file in said offices for the use and examination of the public.
For the purpose of this chapter, the following words and their
derivations shall have the meaning given herein:
All material used shall be durable, waterproof and easily
cleaned. The bottom and sides of pools shall be either white or a
light color, except that aluminum paint shall not be used as a finish.
Pool sides and bottoms shall be smooth and free from cracks or open
joints. Walkways around pools shall be of light color, easily cleaned
and slip-proof. Sand or earth bottoms shall not be permitted.
Shall mean a blueprint or drawing prepared by a licensed
land surveyor or engineer of the State of New Jersey, or a plan or
sketch approved by the building inspector of the Township of Ocean,
showing the proposed location of the swimming pool, relative to property
and building lines, the sanitary disposal field or fields, the materials
used in construction and the plumbing and safety features. Details
of the proposed swimming pool and other specific locations must be
indicated by line drawings, and written details in foot and inch measurements.
Shall mean facilities for filling and emptying the pool.
Property lines shall mean surveyed legal boundaries of the
premises as to which application is made. The building lines shall
mean the plain outline of the shape of any building, on such premises,
the outlines of the pool and their placement in relation to the property
lines; also, if appropriate, the building line established by ordinances.
Shall mean and include fill and draw, flow through and recirculation
pools, outdoor and indoor, which are artificially constructed to provide
recreational facilities for swimming, bathing, and wading, and all
buildings, equipment and appurtenances thereto. Private swimming pools
are those established or maintained upon any premises by any individual
for his own or his family's use or guests of his household.
Shall mean a lot upon which there is no dwelling or on which
the premises are not occupied.
An application for approval, as provided by the building inspector,
must be submitted in writing to the building inspector, together with
a plan or sketch and must be accompanied by a filing fee of $5 plus
a fee of $2 for each $1,000 of construction costs. Said plan or sketch
must contain the following:
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The size of the pool.
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The position of the pool showing clearly and accurately
its relation to property lines and building lines.
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The material to be used in construction.
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Plumbing features.
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Safety features; lifeguards, etc.
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Type of Pool (general public, club, private, etc.).
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Waste disposal facilities.
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Pool water treatment facilities and capacities.
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Specifications showing all detailed plans
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The fees for the construction of a swimming pool shall be calculated
as a renovation in accordance with the Revised General Ordinances,
subsection 6-1.3a.1(b).
No swimming pool shall be constructed within the Township of
Ocean unless the owner, or the person in possession of the lands on
which said swimming pool is to be constructed, shall first obtain
from the building inspector of the Township of Ocean, prior to the
commencement of construction, a building permit therefor.
The building inspector, upon receipt of a proper application
and after examination thereof and inspection of the proposed location,
if satisfied that all requirements under this chapter will be satisfactorily
met, shall issue a building permit for such pool.
No license fee shall be paid for private swimming pools. All
other swimming pools shall have a license fee of $125 annually, which
license shall expire on December 31st of each year and application
for renewal thereof shall be submitted together with the required
fee prior to January 1st of each year.
All private swimming pools in the Township of Ocean shall be
so constructed, installed and maintained as to provide for chlorination,
disinfection, filtering standards and such other specifications as
may be promulgated by the health officer of the Township.
No swimming pool shall be constructed or installed nearer than
10 feet to any property line nor nearer to the street line or lines
upon which said property fronts than the main front wall of the dwelling
erected thereon, and if no dwelling is erected thereon, no nearer
said street line or lines than the building line established for such
premises.
All private swimming pools shall be provided with not over one
two inch (diameter) galvanized iron pipe or approved equal drain,
extending from said pool to either a lake, brook, storm sewer or sanitary
sewer. No pool drain shall be connected to the sanitary sewer system
if a lake, a storm drain or brook is reasonably accessible to the
premises upon which the pool is to be located. Where, however, only
the sanitary sewer system is available for the discharge of pool water,
such discharge will be permitted into the sanitary sewer system. Where
such drainage is permitted into the sanitary sewer system, the pool
shall not be drained more than once in each calendar year, and only
then, upon a permit from the superintendent of sewers in charge of
said sewer system, and at the time designated by said superintendent
of sewers. In the event disposal cannot be made to a lake, brook storm
sewer, or sanitary sewer system, application shall be made to the
health officer of the Township of Ocean or his designated agent for
method of disposal.
Any outdoor illumination which is used in connection with the
pool shall be directed and shielded so as to avoid annoyance to persons
on contiguous property or streets. Such lighting units shall be of
no greater intensity and of no greater number than necessary for safety
purposes.
No sound or amplifying system shall be used in connection with
said pool, and in connection with the use of any such pool there shall
be created no loud noises which are abnormal to the surrounding neighborhood.
All areas surrounding the pool shall be made and kept neat and
attractive so as to be in conformity with surrounding property, and
there shall be no rubbish, debris or litter of any kind at any time.
Each pool shall be surrounded by a fence of five feet in height
of a type to be approved by the building inspector. Any pool on any
unattended premises shall be drained before freezing weather.
The regulations of this section concerning private swimming
pools shall be applicable to public swimming pools as well, to the
extent that such regulations are not in conflict with the Swimming
Pool Code. Such provisions shall be construed as additional and supplementary
to the regulations of the Swimming Pool Code.
The construction code official, building inspector, designated
health officer of the Township, superintendent of sewers, and members
of the police department shall have the power to inspect and reinspect
the premises upon which any swimming pool exists, and to advise and
make complaints for any violation hereunder.
The construction provisions of this chapter shall not apply
to swimming pools constructed prior to May 5, 1958, except that any
alteration of any portion or any unit or units of such swimming pools
shall be made in accordance with the applicable provisions of this
chapter.
In addition to any other penalties imposed for violation of any provision of this chapter, as provided in the general penalty clause of Chapter 3 of this Revision, upon a conviction subsequent to a first conviction for said violation, the owner or person in control of the premises where a swimming pool exists as to which the violation was committed, may be ordered by the magistrate, within 60 days, to remove and dismantle such swimming pool, and to order any hole caused thereby to be filled in and the ground leveled over said filling.
a.
There shall be created and established rules and regulations for
the use and operation of the Township of Ocean municipal swim pool
complex.
b.
Use of the swimming facilities and appurtenances thereof shall be
subject to such rules and regulations as may be promulgated by the
Township Council by ordinance or by the facility management to promote
the safety and well-being of patrons.
[Amended 10-25-2018 by Ord. No. 2309]
As used in this section, the following terms shall have the
meanings indicated:
A person who is 22 years of age or older.
The individual's age on May 15 of each season.
The designated area of the swimming pool facility at which
the diving boards shall be located and normally devoted to diving
purposes only.
The Department of Human Services and its authorized personnel
shall be responsible for the use and operation of the Township municipal
swim pool complex.
The entire fenced area surrounding the swimming pool facility
including parking and recreation area.
The area of concrete immediately surrounding the swimming
pools.
Saturday of Memorial Day weekend through Labor Day.
A person who dwells permanently or continuously in or pays
municipal taxes to the Township of Ocean.
[Ord. 873, § 3; Ord. 959; 989; 905; Ord. 1089,
§§ 1 — 3; Ord. 1097, §§ 1 —
3; Ord. 1117, §§ 2 — 4; Ord. 1122, § 1;
Ord. 1130, § 1; Ord. 1157, §§ II, III; Ord.
1188, § II; Ord. 1219, § I; Ord. 1386, § I;
Ord. 1418, § I; Ord. 1529, § I; Ord. 1583, § XIV;
Ord. 1635, § I; Ord. 1699, § I; Ord. 1826, § I;
Ord. 1869, § I; Ord. 1914; Ord. 2060, § I; Ord.
2112; Ord. 2128; Ord. 2142; Ord. 2177a; Ord. 2193; Ord. No. 2016-2259; amended 10-25-2018 by Ord. No. 2309]
a.
Membership shall be limited to residents of the Township except as
hereinafter provided and to a maximum of 1,000 memberships. Memberships
shall not be transferable and applicants in excess of membership capacity
shall be placed upon a waiting list and their applications numbered
in sequence of receipt. Residents and members of the previous season
will be given priority on the waiting list.
b.
Types of membership are as follows:
1.
Family membership shall include two adults and all natural or adopted
children, under age 22, unmarried and living at home. All persons
must permanently occupy the same residence.
2.
Military membership (active duty and veterans with DD-214) shall
include all active-duty military personnel, their spouses and all
natural or adopted children. All persons must permanently occupy the
same residence.
3.
Individual membership shall be available to any individual age 12
or over.
4.
Senior citizen membership shall be available to any person 62 years
or older. Two persons age 62 or older occupying the same residence
are eligible for senior citizen couple rate. Married couples in which
one spouse is 62 years or older are eligible for the senior citizen
couple rate.
5.
A guest shall be any nonmember who shall be admitted with a member
to the Township swim pool complex. The pool manager may curtail or
eliminate guest privileges when, in the manager's opinion, such action
is necessary to accommodate regular members and to avoid overcrowding
of the pool facilities.
6.
Resident nonmembers may show acceptable identification, as indicated
on the facility registration form, and pay established daily rate
to gain access to the facility.
c.
Membership fees are as follows:
[Amended 12-30-2021 by Ord. No. 2374; 1-26-2023 by Ord. No. 2410]
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Type
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Resident
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Nonresident
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Individual
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$185
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$245
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Two persons
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$250
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$330
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Family, three and four persons
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$325
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$425
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Family, five or six persons
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$345
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$450
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Each additional child (natural or adopted)
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$60
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$65
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Senior Citizen - individual
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$100
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$155
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Senior Citizen - couple
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$130
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$205
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Grandchild (natural or adopted) added to Senior Citizen Membership
(Age 2-11)
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$60
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$75
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Active-duty military and veterans
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No fee
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Only available to residents
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d.
Other Fees.
1.
Daily fees for the Township of Ocean residents, guests of members
and guests of Township of Ocean resident nonmembers:
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Daily
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Children (birth through 23 months)
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Free
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Children (2 years through 11 years)
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$8
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Age 12-61
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$10
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Senior residents (62 years and over)
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$5
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I.D. badge replacement
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$5
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2.
Guests: Holders of facility memberships may purchase guest pass tickets
having five guest passes per ticket at a rate of $40 per ticket. These
tickets may be purchased any time during the season. Guest passes
may be used only during the season of issue. The Township Manager
or his/her designee is authorized to provide guest passes upon occasion
to promote membership at the facility.
3.
Group Picnics: Groups of 30 persons or more may utilize the pool
facilities during operating hours by completing appropriate reservation
procedures and paying the established daily fees.
4.
(Reserved)
5.
Parties, bus trips and other special events may be scheduled by the
Director of Human Services or designee. Determination of cost is to
take into account actual cost of the event in addition to an approximate
10% administrative charge.
6.
Nonmembers participating in the women's tennis team affiliated with
the Jersey Shore Tennis League shall pay an $80 fee to the Township
of Ocean plus the established coaching fee. This participation fee
shall entitle holders to court use during home matches, court use
for team practice not to exceed three hours on one weekday evening
per week, and up to one hour per season for private lessons with the
coach. No other facility privileges will be permitted other than access
to rest rooms and snack bar area during the times noted.
e.
To insure membership for the following season at the preceding year's
rates, a member shall be required to file an application and make
a nonrefundable $50 deposit by September 30 of the preceding year.
The balance must be paid by January 31 to obtain one free guest card.
f.
Pre-season (April 15 to Saturday of Memorial Day weekend) and post-season
(day after Labor Day to October 15) use of lighting for tennis courts
is available for residents upon scheduling with the Department of
Human Services and paying the established daily rate. Post-season
use of lights may be extended at the discretion of the Department
of Human Services.
g.
Refund Policy.
1.
No refunds will be granted for daily admissions.
2.
Written requests for refunds received prior to the start of the season
(Saturday of Memorial Day weekend) will be granted less the nonrefundable
deposit of $50.
3.
No refunds of membership fees will be granted as of the start of
the season (Saturday of Memorial Day weekend) regardless of membership
purchase date. However, refunds may be issued if justifiable reason
is submitted in writing. Justifiable reasons include:
4.
Refunds granted after opening of the pool season will be according
to the following schedule, less the nonrefundable deposit of $50.
(a)
During the first week of the pool season or the first week of
membership, whichever comes first: 75% refund.
(b)
During the second week of the pool season or the second week
of membership, whichever comes first: 50% refund.
(c)
During the third week of the pool season or the third week of
membership, whichever comes first: 25% refund.
(d)
During the fourth week of the pool season or the fourth week
of membership, or thereafter: No refund.
[Ord. 873, § 4; Ord. 1368, § III; Ord.
1529, § I; Ord. 1869, § I; Ord. 1914; Ord. 2060,
§ I; Ord. 2128; Ord. 2177a; Ord. No. 2016-2259]
a.
All members shall be entered into the computerized identification
system, and shall be issued an identification badge. The badge must
be presented for admission to the pool area.
b.
Resident nonmembers may show acceptable identification, as indicated
on the facility registration form, and pay the established daily rate
to gain access to the facility.
c.
The giving of false information shall constitute grounds for revocation
or suspension of membership and forfeiture of membership fees.
[Ord. 873, § 5; Ord. 1157, § IV; Ord.
1529, § I; Ord. 1869, § I; Ord. 1914; Ord. 1914;
Ord. 2060, § I; Ord. 2128; Ord. No. 2016-2259]
Hours of operation will be established by the Department of
Human Services on an annual basis in consideration of the Township
of Ocean School District schedule, weather and time of sunset. Hours
of operation will be posted on the Township of Ocean website, at the
pool and will be available at the Department of Human Services.
[Ord. 873, § 6; Ord. 1157, § V; Ord.
1529, § 1; Ord. 1914; Ord. 2060, § I; Ord. 2128;
Ord. 2177a; Ord. 2193; Ord. No. 2016-2259; Ord. No. 2016-2261]
a.
No one person shall be allowed in the water unless a lifeguard is
present.
b.
All persons shall shower prior to entering the pools.
c.
All bathers, including babies, shall wear bathing suits in the swimming
pool and wading pool. All children in diapers must wear plastic pants
with snug fitting elastic waist and leg bands.
d.
Any person having a communicable disease, open wound, blisters, sores
or cuts, eye, ear, nose or mouth infection, excessive sunburn or skin
disease, shall be excluded from the pools. No person wearing any type
of bandage or cast shall be permitted in the pools.
e.
No inflatable water paraphernalia or toys shall be allowed in the
pools, except by permit of the pool manager. Masks and other swimming
aids shall be permitted only by special permit of the pool manager.
f.
Diving shall be permitted only in the diving area. Only one person
at a time shall be permitted on the diving board. Divers shall swim
directly to the proper ladder. Divers shall not dive until the previous
diver has cleared the area. Diving shall not be permitted from the
side of the board.
g.
No hanging onto the buoy lines in the pool shall be permitted.
h.
The wading pool is designed for children five years of age and under.
Parents and guardians shall be responsible for supervision of their
children using this facility.
i.
Dressing and undressing shall be done in the locker room only.
j.
No smoking, spitting or unnecessary spouting of water shall be permitted
in the pool or on the pool deck.
k.
No person shall smoke, chew or possess lighted cigarettes, pipes,
cigars, electronic cigarettes or any other type of tobacco product
within the fenced grounds of the Ocean Township Community Pool and
Tennis Facility. A designated smoking area will be made available
outside of the fenced grounds.
[Ord. 873, § 7; Ord. 1097, § 4; Ord.
1529, § I; Ord. 1914; Ord. 2060, § I; Ord. 2128]
a.
Compliance with the established Code of Conduct is required.
b.
All litter, paper and debris shall be placed in trash receptacles.
c.
Food and beverages shall not be brought into any area except those
designated for eating.
d.
No glass or glass containers shall be allowed in the facility.
e.
No pets or animals shall be allowed in the swimming pool area.
f.
No person shall consume or be in possession of alcoholic beverages
at the Township of Ocean Community Pool and Tennis Facility during
operating hours.
g.
Persons under the influence of alcohol or other substances or appearing
to be under the influence may be refused admission to the facility
or may be ejected.
h.
Lounges and chairs shall not be permitted within the designated limits
around the pool.
i.
Members shall abide by all parking and driving regulations.
j.
No person under 12 years of age shall be admitted without a responsible
individual at least 18 years of age who shall remain with the child
while they shall be in the facility.
k.
Bicycles shall be placed in designated areas only.
l.
No roughness, rowdyism, profanity or other conduct affecting the
safety and comfort of others shall be allowed.
m.
Destruction of property or vandalism or failure to abide by swimming
pool regulations shall justify immediate expulsion from the swimming
pool facility and constitute grounds for suspension or revocation
of membership, without refund.
n.
Members and parents shall be responsible for the conduct of their
guests.
o.
Lifeguards shall be required to enforce all rules and regulations.
In case of an emergency, notify the nearest lifeguard.
p.
Lifeguard stations shall be limited to lifeguards and authorized
personnel.
Tennis courts operated by and available to the swim pool membership
shall be subject to rules and regulations to be established by the
pool management.
a.
The Township municipal pool shall not be responsible for valuables
brought into any area of the pool property.
b.
All persons using the Township municipal pool facility do so at their
own risk and sole responsibility. Neither the Township, the Township
Council, employees of the Township municipal swim pool nor other Township
employees shall assume any responsibility or shall have any personal
liability for any act, accident or injury in connection with the use
of the facilities.
All matters not determined by the rules and regulations may
be determined by rules and regulations subsequently adopted. All rules
and regulations shall be subject to amendment, from time to time,
by ordinance adopted by the Township Council.
a.
Regulations shall be posted at the pool and strictly enforced.
b.
The pool manager or designee, in his/her absence, may close or limit
swimming facilities or establish such additional rules and regulations
whenever, in their judgment, such actions be deemed necessary or desirable
for the protection, health or safety of such persons entitled to use
such facilities.
c.
Any violation of the rules and regulations of the Township of Ocean
Community Pool and Tennis Facility, or the laws of the Township of
Ocean or the State of New Jersey shall be enforced by appropriate
Township personnel and violators will be prosecuted to the full extent
of the law.
[Ord. 873, § 12; Ord. 1529, § I; Ord.
2060, § I; Ord. 2128; Ord. No. 2014-2217]
a.
Any person who shall violate these rules and regulations shall be
subject to immediate ejection from the pool area by the pool manager,
or in his/her absence by their designee and their membership shall
be subject to revocation or suspension.
b.
The municipal court judge shall have the jurisdiction in actions
for violation of any rules and regulations set forth in this diction.
The rules and regulations shall be enforced by the same proceedings
and processes, and the practice for the enforcement thereof shall
be the same as that provided by law for the enforcement of other ordinances
in the Township, N.J.S.A. 40:61-22.28.
c.
The penalty for violation of any rule and regulation shall not be
less than $200 nor more than $2,000 in the discretion of the Municipal
Court Judge.
