ATTACHMENTS
Attachment 1 - Codes of Conduct
[1974 Code § 54-1; Ord. No. 16-81; Ord. No. 88-46; Ord. No. 89-14]
There are hereby established places of resort for public health, recreation and entertainment, including bathing and recreational facilities, safeguards and equipment, situated at the following locations in the Township of Berkeley:
a. 
All of the lands owned by the Township fronting upon the Atlantic Ocean and in those portions of a tract of land known as "South Seaside Park," and upon the land known as "Ocean Avenue, South Seaside Park," in the Township of Berkeley, wherein the Township has the ownership, easement rights or right to use and occupy same.
b. 
All of the lands owned by the Township fronting upon Barnegat Bay, one of which tracts is located at the end of Butler Boulevard, which beach shall be known as "Butler Beach," the other of which is located immediately adjacent to the Borough of Ocean Gate, wherein the municipality has the ownership, easement rights or right to use and occupy same.
c. 
All of the lands owned by the Township fronting upon Cedar Creek, including but not limited to Veterans Park, wherein the Township has the ownership, easement rights or right to use and occupy same.
d. 
Any lands presently owned or acquired in the future by the Township or in which the Township has easement rights or the right to use or occupy same, which are used for recreation, entertainment, athletics or bathing.
e. 
The designation of Allen Road Park shall encompass and include Tax Map Block 1246, Lots 1, 1.01 and 1.02; and shall further include Tax Map Block 1246-8, Lots 2 through 7 inclusive.
[1974 Code § 54-2]
The places of resort for public health, recreation and entertainment shall be maintained by the Township after the effective date of this section.
[1974 Code § 54-3]
The Township shall acquire, construct, use and maintain safeguards, equipment and facilities as shall be necessary in the proper establishment and maintenance of the places of resort for public health, recreation and entertainment. The Township shall have the right and authority to purchase, rent or otherwise acquire lifeboats, ropes, poles and other safeguards, recreational facilities and equipment for the recreation, protection and safeguard of human beings at the places of resort while bathing or otherwise at the places of resort.
[1974 Code § 54-4]
The Township shall engage, hire and pay such lifeguard or lifeguards as shall be required for the proper maintenance of the places of resort.
[1974 Code § 54-5]
The Township shall have the right to police the places of resort and to hire, engage and pay such Police Officers and Policemen as shall be necessary for the proper policing of the places of resort.
[1974 Code § 54-6]
The Township shall have the right to protect the places of resort and the lands thereof from erosion, encroachment and damage by sea or otherwise.
[Ord. No. 07-31-OAB § 1]
a. 
Purpose. The purpose of this article is to establish hours of operation for certain public parks and facilities within the Township of Berkeley.
b. 
Unlighted Parks and Recreation Areas. The following public parks and recreation areas shall be open from 7:00 a.m. to one hour after dusk (sunset). It shall be unlawful for any person to be in or at said public facilities unless it is between the times permitted herein:
1. 
Dudley Park.
2. 
Station Road Soccer Field.
3. 
Bayville Park (Park Avenue).
4. 
Amherst Beach.
5. 
Allen Road Beach.
6. 
Mallard Road Park.
7. 
Butler Beach.
8. 
Manitou Park Basketball Courts and Playground (3rd Avenue).
9. 
Manitou Park Pavilion and Softball Field (5th Avenue and 1st Street).
10. 
Whispering Pines Park.
11. 
24th Avenue Basketball Court (South Seaside Park).
c. 
Lighted Parks and Recreation Areas. The following public parks and recreation areas shall be open from 7:00 a.m. to 10:00 p.m. when the park or recreation area is lighted. When the following parks and recreation areas or parts thereof are not lighted, said parks or recreation areas shall be open from 7:00 a.m. to one hour after sunset (dusk).
It shall be unlawful for any person to be in or at said public facilities unless it is between the hours specified herein:
1. 
Eastern Boulevard Soccer Complex.
2. 
Forest Hills Soccer Complex.
3. 
Lieter Field Little League Complex.
d. 
Veterans Park and Fields. Veterans Park and Fields shall be open from 7:00 a.m. to 11:00 p.m. When fields and recreation areas are not in use, Veteran's Park and Fields shall close at one hour after sunset (dusk). It shall be unlawful for any person to be in or at said public facilities unless between the hours specified herein.
e. 
Parks Not Named or Hereafter Created. Any parks or recreation areas not named or hereafter created shall be open from 7:00 a.m. to one hour after dusk (sunset). It shall be unlawful for any person to be in or at said public facilities unless it is between the times permitted unless specifically permitted by Township Ordinance.
f. 
Authority to Close Parks or Recreation Areas. Any park or recreation facility or any section or part thereof may be declared closed to the public at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or partially and for whatever reason as the Township shall find reasonably necessary.
g. 
Authority to Extend Hours. The Township may in its reasonable discretion extend these hours for any park, recreation facility or a portion of any park or recreation facility by resolution.
h. 
Violations and Penalties. Any person found guilty of having violated any section of this subsection shall be liable, upon conviction thereof, of the penalty stated in Chapter 1, § 1-5.
[Ord. No. 08-18-OAB § 1]
a. 
Billboards (Stage Area — Veterans Park).
4' x 8' Center Billboard
$5,000 & $250 1st time set up fee
2' x 6' Billboard
$1,250 & $150 1st time set up fee
2' x 4' Billboard
$750 (deluxe locations) $100 set up fee
$600 (standard location) $100 set up fee
b. 
Summer Concert Program Ads.
1/2 Page — Back Page
$850
1/2 Page — Center Page
$750
1/2 Page — Inside (next to Performer's Bio)
$600
1/2 Page — Inside
$500
1/4 Page — Center Page
$400
1/4 Page Inside (next to Performer's Bio)
$300
1/4 Page Inside
$250
1/8 Page — Inside
$150
Business Card Ad
$75
Booster (1 Line)
$25
[1974 Code § 54-7; Ord. No. 14-76; Ord. No. 16-81; Ord. No. 16-82; Ord. No. 14-83; Ord. No. 85-11; Ord. No. 86-4; Ord. No. 87-1; Ord. No. 88-38; Ord. No. 94-26; Ord. No. 96-03; Ord. No. 00-5-OAB § 1; Ord. No. 00-24-OAB § 1; Ord. No. 02-58-OAB § 1; Ord. No. 07-14-OAB § 1; Ord. No. 09-02-OAB; Ord. No. 2017-08-OAB § 1; amended 3-26-2018 by Ord. No. 18-13-OAB; 9-24-2018 by Ord. No. 18-45-OAB; 4-27-2020 by Ord. No. 20-19-OAB]
a. 
Policies and Fees. It is recognized by the Township that policies related to the use of Township fields, buildings and other facilities as well as addressing the fees set forth therein are necessary. These policies and fees may be adopted and amended by resolution of the Township Council. Fees set by such resolution(s) shall be within the following ranges:
[Amended 12-21-2020 by Ord. No. 20-50-OAB]
1. 
Hourly rates for grass fields: $0 to $40 per hour.
2. 
Hourly rates for turf fields: $0 to $250 per hour.
3. 
Hourly rates for field lighting: $0 to $50 per hour.
4. 
Hourly rates for building use: $0 to $50 per hour.
5. 
Hourly rates for stage or other outdoor facility use: $0 to $40 per hour.
b. 
The following fees shall be charged and collected for the use of William J. Dudley Park by picnic groups. Any such picnic group desiring to use William J. Dudley Park shall obtain a permit from the Superintendent of Parks, Beaches and Recreation.
1. 
The permit fee shall be $50 for residents and $150 for nonresidents.
2. 
No picnic groups over 80 people shall be permitted in William J. Dudley Park.
c. 
The following fees shall be charged and collected for the use of Veteran's Park by picnic groups. Any such picnic groups desiring to use Veteran's Park shall obtain a permit from the Director of Recreation:
1. 
For picnic groups of one to 100, the permit fee shall be $100 for groups composed of Berkeley Township residents and $150 for groups composed of nonresidents.
2. 
For picnic groups of 101 to 200, the permit fee shall be $200 for groups composed of Berkeley Township residents and $300 for groups composed of nonresidents.
3. 
For picnic groups of 201 to 300, the permit fee shall be $250 for groups composed of Berkeley Township residents and $350 for groups composed of nonresidents.
4. 
For picnic groups of 301 and over, the permit fee shall be $300 for groups composed of Berkeley Township residents and $400 for groups composed of nonresidents.
5. 
There shall be an additional fee of $20 per hour for use of pavilion lights.
d. 
The following fees shall be charged and collected for registration of persons using the ocean beaches and bathing facilities, provided that such fees shall not be charged or collected from children under the age of 12 years of age or from handicapped persons. A handicapped person is any person who has been issued special vehicle identification by the Motor Vehicle Commission of the State of New Jersey, pursuant to N.J.S.A. 39:4-204 and 205 or by a similar body in another state when such motor vehicle is properly identified pursuant to N.J.S.A. 39:4-206 by a registration plate bearing the National Wheelchair Symbol or properly identified pursuant to the laws of another state, or displaying a temporary handicapped placard issued by the Chief of Police.
[Amended 12-21-2020 by Ord. No. 20-50-OAB]
1. 
Ten dollars for a period of one day or fractional part thereof on the day of registration, except Saturdays, Sundays and holidays during the bathing season.
2. 
Ten dollars for a period of one day or fractional part thereof on the day of registration, which fee shall apply on Saturdays, Sundays, Memorial Day, and Labor Day, during the bathing season.
3. 
Twenty-five dollars for a period of one week or fractional part thereof from the date of registration for any period during the bathing season.
4. 
Forty dollars from February 1, 2021, through May 31, 2021, and any subsequent year, $40 until May 31 of any year and then $50 any time after May 31 for annual passes.
5. 
Seniors (aged 65 and older) may pay a $15 fee for an annual nonphoto badge upon the verification of age. Seniors may pay $20 for a lifetime photo ID badge upon the verification of age. Lifetime photo badges are only sold until May 31 of each year.
e. 
No privilege, right, badge, ticket or other evidence of right to use the areas herein granted or to be granted by Berkeley Township upon the payment of any fee provided for in this chapter shall be transferred, loaned, given, sold or rented to any person or persons other than the actual person to whom the same is issued by the Township.
f. 
No person shall accept and use upon the resort any badge or ticket not issued to or for such person by the Township and its duly constituted representative.
g. 
No person shall conspire, aid, advise, abet or otherwise assist in any violation of any provision of this section.
h. 
No person shall use the resort without having in his possession and prominently displayed at all times upon the exterior of his or her clothing a proper badge or ticket or other evidence of the right to use the resort.
i. 
Any misuse of any badge or permit shall subject the owner thereof to revocation without privilege to renew.
[1974 Code § 54-7; Ord. No. 10-83]
The following policies shall be used by the Superintendent of Parks, Beaches and Recreation as a guideline in administering refunds for any and all picnic fees:
a. 
Cancellations Due to Inclement Weather.
1. 
A refund of 100% will be forwarded to the applicant if a picnic and a designated rain date are canceled due to inclement weather conditions on the picnic date and rain date scheduled.
2. 
A refund of 75% shall be granted to an applicant if a picnic is canceled due to inclement weather conditions on the date scheduled and there has been no alternative rain date applied for.
3. 
The Superintendent of Parks, Beaches and Recreation shall use his discretion to determine if a weather cancellation was warranted under the circumstances.
4. 
Written notice of cancellation of a picnic due to inclement weather must be received by the Department of Parks, Beaches and Recreation within three business days of the initial date of cancellation. The same condition shall apply as far as the notice of cancellation is concerned regarding the rain date.
b. 
Cancellations Generally. A refund of 50% shall be given to the applicant if a picnic is canceled not less than three weeks prior to the scheduled picnic date by a written notice of cancellation delivered to the Department of Parks, Beaches and Recreation.
c. 
Prior to granting any refunds, the Township reserves the right to reschedule a picnic date at a reasonable time under the circumstances in lieu of giving a refund.
d. 
Procedure to be Followed by the Department. The following procedure shall be followed by the Parks, Beaches and Recreation Department in administering the funds for picnic permits and for effectuating refunds:
1. 
All moneys for picnics fees shall be turned over and delivered to the Treasurer.
2. 
The Treasurer shall deposit these funds in a special trust fund account.
3. 
Periodic reports shall be made to the Treasurer with a copy to the Business Administrator, reporting all refunds. The report should contain the reason for refund and the percentage of refund. All necessary Township vouchers shall be duly prepared and submitted with the report.
4. 
The Treasurer is hereby authorized to draw all checks necessary to accomplish the picnic refunds as aforesaid. The checks shall be forwarded to the Township Council for action at regular meetings.
5. 
The Superintendent shall report monthly on the status of all picnic permits for that month, and the Treasurer shall transfer any and all fees for completed picnics and the remaining balances for canceled picnic permits to the current fund.
[1974 Code § 54-8]
Nothing contained in this section shall in any way be construed to interfere with the rights of ingress and egress of any person desiring to use Ocean Avenue in going to or from any property fronting on Ocean Avenue.
[Ord. No. 00-5-OAB § 1; Ord. No. 07-14-OAB § 1]
a. 
Flea Markets.
1. 
There shall be charged a fee of $15 for flea market space.
2. 
There shall be charged a fee of $10 for electric if required.
b. 
Craft Shows.
1. 
There shall be charged a fee of $25 for one space — ten-foot by ten-foot.
2. 
There shall be charged a fee of $40 for two spaces — ten-foot by twenty-foot.
3. 
There shall be charged a fee of $10 for electric if required.
c. 
Community Pride Day.
1. 
There shall be charged a fee of $200 for one ten-foot by ten-foot space.
2. 
There shall be charged a fee of $250 for one ten-foot by fifteen-foot space.
d. 
Farmers' market. A lead vender for each location shall be designated, who must maintain a minimum number of spaces set by the Director of Recreation. The lead vendor shall be responsible for the setup of the market and work with the Recreation Department on marketing strategy. Lead vendors shall receive a credit of $1,000 per season for the Bayville location and $2,000 per season for the South Seaside Park location.
[Added 4-27-2020 by Ord. No. 20-19-OAB[1]]
1. 
Bayville location (April through October; Tuesdays, or as scheduled by the Recreation Department).
(a) 
Annual one-time registration fee of $40*.
(b) 
One to three spaces: $15 per space per day.
(c) 
Four to five spaces: $10 per space per day.
(d) 
Six+ spaces: $5 per space per day.
2. 
South Seaside Park location (May 11 - October 2; Mondays and Fridays, or as scheduled by the Recreation Department).
(a) 
Annual one-time registration fee of $40*.
(b) 
One to three spaces: $15 per space per day.
(c) 
Four to five spaces: $10 per space per day.
(d) 
Six+ spaces: $5 per space per day.
*Attendees of both locations shall only be responsible for one registration fee.
[1]
Editor's Note: Pursuant to this ordinance, former Subsection d was also redesignated as Subsection e.
e. 
Township-Sponsored Events. Unless otherwise provided for herein, Township-sponsored events for which a fee is charged shall be between $25 and $250, as set forth via resolution.
[Added 5-21-2018 by Ord. No. 18-19-OAB]
[1974 Code § 54-8.1; Ord. No. 85-11; Ord. No. 87-1; Ord. No. 87-7; Ord. No. 94-26; Ord. No. 96-03; Ord. No. 00-5-OAB § 1; Ord. No. 01-29-OAB; Ord. No. 01-39-OAB; Ord. No. 02-39-OAB § 1; Ord. No. 03-15-OAB § 1; Ord. No. 07-14-OAB § 1; Ord. No. 08-13-OAB § 1; Ord. No. 10-17-OAB; Ord. No. 2013-06-OAB; Ord. No. 2016-12-OAB]
a. 
Six-Week Recreational Program.
[Amended 4-27-2020 by Ord. No. 20-19-OAB]
1. 
There shall be a fee of $165 for the first child and $150 for each additional child from the same family for participation.
2. 
The date of registration shall be established by the Department of Recreation yearly.
3. 
There shall be a late registration fee of $50; the date of late registration shall be established by the Department of Recreation yearly.
4. 
There shall be a fee of $10 for a T-shirt (required).
5. 
Optional extra care for a six-week recreational program.
(a) 
Precamp: There shall be a fee of $200.
(b) 
Post-camp: There shall be a fee of $300.
(c) 
There shall be a fee of $450 for both precamp morning and post-camp afternoon care.
6. 
Bus Transportation. There shall be a fee of $250 for pickup and drop-off for summer camp, when offered.
[Amended 12-21-2020 by Ord. No. 20-50-OAB]
b. 
Mat Rat Wrestling Program. There shall be a fee of $70 for the first child and $50 for each additional child from the same family for participation.
[Amended 4-27-2020 by Ord. No. 20-19-OAB]
c. 
Weekday Preschool Program. There shall be a fee of $140 for participation in the program.
[Amended 4-27-2020 by Ord. No. 20-19-OAB]
d. 
Summer Basketball and Football Program (Manitou Park).
[Amended 4-27-2020 by Ord. No. 20-19-OAB; 12-21-2020 by Ord. No. 20-50-OAB]
1. 
There shall be a charge of $100 per child per season.
e. 
Summer Swim Club. There shall be a fee of $100 for participation in the program.
f. 
Saturday Programs. There shall be a fee of $70 for participation in the program.
g. 
Aerobics Program. There shall be a fee of $25 for participation in the program.
h. 
All Other Recreational Activities. There shall be a fee of $10 per child.
i. 
Weekday After School Program. There shall be a fee of $275 per child. Additional children shall be $175 per child.
j. 
Recreation Bus Rentals. Non-profit and civic organizations seeking to utilize the recreation buses shall pay $250 per day plus cost of fuel. Trips shall be limited to within the State and proof of liability insurance shall be required. Buses shall only be driven by Township employees with the proper licenses.
[Ord. No. 96-03]
There shall be a fee of $10 per year per individual for participation in the Berkeley Township Senior Recreation Program.
[1974 Code § 54-9]
Nothing contained in this section shall in any way be construed to interfere with the rights of any real property owner or resident of the Township using the public oceanfront lands for any lawful purpose other than bathing at the municipal beach or beaches during the period same are open.
[1974 Code § 54-10]
Nothing herein contained shall be construed to effect a dedication of the lands referred to herein as "Ocean Avenue" as a public highway or for any use contrary to or different from the municipal use heretofore made thereof.
[1974 Code § 54-11; Ord. No. 85-17; Ord. No. 88-38; Ord. No. 90-29; Ord. No. 94-26; Ord. No. 98-08; Ord. No. 04-05-OAB § 1; Ord. No. 07-31-OA § 2; Ord. No. 13-31-OAB § 3; Ord. No. 13-34-OAB]
a. 
No person shall do any of the following things at or upon the places of resort for public health, recreation and entertainment:
1. 
Throw, drop or pass out any wastepaper, garbage or other refuse; or sell on any beach any food, drink or confections.
2. 
Bring any food or beverages on the beach or in any way litter, make unsightly, damage, destroy or disfigure any beach or public or private property adjacent to the beaches. Food and beverage shall be allowed for medical reasons, when proof of such medical necessity is provided at the time of entry into the place of resort. Proof shall be a doctor's note, medication or any other similar form of proof that the appropriate Township personnel shall accept. Any food and/or beverage permitted on a place of resort shall be contained in an appropriate bag or cooler, and be clearly marked by identifying stickers or the like provided by the Township upon receipt of approval.
3. 
Make any loud noise, sound or music to the annoyance of any other person.
4. 
Use loud, profane or indecent language.
5. 
Play ball or any other game, ride or operate a surfboard or engage in any activity which will endanger another person or interfere with the enjoyment of the quiet use of the beach or the place of public resort by another person.
6. 
Permit any beverages or food to be taken outside of a designated picnic area.
7. 
Take or permit his or her dog to be or go upon:
(a) 
The beach or in the water at any public bathing beach.
(b) 
Any playing fields in any Township park or public lands.
8. 
Go into the water at any beach:
(a) 
When it is unsafe to do so.
(b) 
When directed by a public lifeguard to come out of the water.
(c) 
When intoxicated.
9. 
Remain in the water at any bathing beach:
(a) 
When it is unsafe to do so.
(b) 
When directed by a public lifeguard to come out of the water.
(c) 
When intoxicated.
10. 
Molest or disturb any person in the peaceful enjoyment of the beach or bathing facilities.
11. 
Do anything which shall endanger the life or safety of himself, herself or any other person.
12. 
Dump or throw garbage or other refuse in the water at any bathing beach.
13. 
Go out in the water at any bathing beach farther than directed by a public lifeguard or in violation of the reasonable order of a lifeguard when the safety of the bather is or may be endangered by going into the water.
14. 
Refuse or neglect to obey the orders and directions of public lifeguards as to time, place and distance for bathing.
15. 
Interfere with or obstruct a Police Officer or lifeguard in the performance of his duty.
16. 
Operate a beach buggy or other motor vehicle on a beach, at any time, in the Township.
17. 
Permit any alcoholic beverage to be brought onto any public beach or any public park in the Township, except in William J. Dudley Park and other locations as authorized by Township resolution where beer may be permitted when a special permit for a social affair is obtained through the Division of Alcoholic Beverage Control and the Township Clerk's office. In the event that a permit is granted, no bottles or cans of beer shall be permitted, and only kegs or barrels shall be used.
18. 
No glass containers or bottles shall be permitted in any public beaches, picnic areas, recreation areas, parks or athletic fields anywhere in the Township.
b. 
Fires are permitted in park fireplaces or cooking facilities provided by the Township only, and only in areas designated for the use of cooking facilities. Only charcoal may be used for fuel. Fires must be extinguished upon leaving the area.
c. 
Motor vehicles shall be permitted only in designated parking areas. Horses shall be permitted only on bridle paths.
d. 
No firearms, air guns, slingshots or bows and arrows, hunting knives, hatchets or axes shall be permitted on the public premises at any time.
e. 
Removal of, damage to or destruction of shrubbery, trees or flowers is prohibited.
f. 
(Reserved)
g. 
The playing of golf, the driving of golf balls or any other golf-related activities shall be prohibited in all recreational locations, except in designated areas and times on the Cedar Creek Golf Course.
h. 
As a protection to the public, hunting shall be prohibited in areas within 500 feet of any recreational areas of the Township.
i. 
The use of the following recreational fields or facilities, and any other such facilities which may be created in the future, shall be limited to 7:00 a.m. to 10:00 p.m.: Moorage Avenue Field, Bayville Park, Mallard Road Park, Forest Hills Soccer Field, Station Road Field and Veeder Land Field. Any person found loitering at the above parks after 10:00 p.m. or before 7:00 a.m. shall be in violation of this subsection and subject to the penalties hereinafter set forth in Subsection 26-1.9.
j. 
The use of Veterans Park and fields shall be limited to 7:00 a.m. to 11:00 p.m. Any persons found loitering therein after 11:00 p.m. and prior to 7:00 a.m. shall be in violation of this subsection and subject to the penalties hereinafter set forth in Subsection 26-1.19.
[1974 Code § 54-12; Ord. No. 94-26; Ord. No. 02-33-OAB §§ 1, 2; Ord. No. 2017-08-OAB § 2]
a. 
The public beaches which are included in the places of resort shall be kept open during the usual bathing season in the municipality, which is typically between the dates of May 15 through September 30, except during inclement weather. The hours when the beaches shall be open are from 9:00 a.m. to 5:00 p.m., Eastern Daylight Savings Time.
b. 
Any use of the municipal beaches located in South Seaside Park east of Ocean Avenue and extending from 20th Avenue to 24th Avenue Beach and the boundary at Island Beach State Park shall be limited to 7:00 a.m. to 11:00 p.m. Any person found loitering after 11:00 p.m. and prior to 7:00 a.m. shall be in violation of this subsection and subject to the penalties as set forth in Subsection 26-1.20, Violations and Penalties.
[1974 Code § 54-13]
a. 
Insofar as they relate to Butler Beach as described in Subsection 26-1.1b, only the following subsections of this section, as amended, shall be deemed and taken to apply:
1. 
Subsection 26-1.2.
2. 
Subsection 26-1.5.
3. 
Subsection 26-1.6.
4. 
Subsection 26-1.16, except Subsections 26-1.16a8(b) and 9(b).
5. 
Subsection 26-1.17.
6. 
Subsection 26-1.19.
b. 
Butler Beach shall be open to all residents of Berkeley Township to use without the payment of any fee.
c. 
Any person using Butler Beach for bathing or recreation shall do so at his or her own risk.
d. 
Inasmuch as no charge is to be made for the use of Butler Beach, the Township shall not maintain any conveniences or safeguards thereat.
[Ord. No. 98-34 § 1; Ord. No. 09-34-OAB; Ord. No. 11-11-OAB]
a. 
A disabled veteran of any war, who is a permanent resident or taxpayer of the Township and who is certified by appropriate Federal authorities as being qualified for a permanent disability of 30% or more, shall be exempt from the payment of any fees or other charges for the use of any recreational facilities of the Township as provided for in this Code.
b. 
Definitions. As used in this chapter:
VETERAN
Shall mean any person who has served and was discharged under honorable conditions or is currently serving the country in the Army, Navy, Air Force, Marines and Coast Guard, including all Reserves and National Guard personnel attached to these branches, as well as those who serve in the Merchant Marine in time of war.
VETERAN OF ANY WAR
Shall mean any veteran who served in the active military, naval or air service during a period of war.
c. 
All active military service members, spouses and their children shall be exempt from the payment of any fees or other charges for the use of any recreational facilities of the Township as provided for in this Code upon presentation of appropriate identification.
[1974 Code § 54-14; Ord. No. 88-43; Ord. No. 98-34; New]
Any person who violates any provision of this section shall be liable, upon conviction thereof, of the penalty stated in Chapter 1, § 1-5.
[Ord. No. 02-8-OAB § 1; Ord. No. 2013-06-OAB § 2]
A fee shall be charged for the sponsorship of the Manitou Park Basketball Program. The fees shall be as follows:
a. 
Team Sponsor. There shall be a fee of $250 for any business that desires to sponsor a team. This fee will offset the cost of uniforms for the team.
b. 
Sign Sponsor.
4' x 4' sign
$200 1st year (Includes sign); $100 Annual fee
4' x 8' sign
$350 1st year (Includes sign); $100 Annual fee
All signs to be installed on the fence at the Manitou Park Basketball Courts.
[1]
Editor's Note: Former § 26-1.22, Skateboard Park Rules and Regulations, adopted or amended by Ord. No. 03-30-OAB § 1, was repealed 4-27-2020 by Ord. No. 20-19-OAB.
[Ord. No. 2017-22-OAB]
a. 
The design and construction of the Veterans Park skate park, as set forth in the plans dated January 23, 2017, are hereby approved.
b. 
Signage. Signs must be posted at the skate park requiring the wearing of safety equipment, including helmets, elbow and knee pads.
c. 
Supervision. Adult supervision shall be required for all individuals 10 years and younger.
[Ord. No. 04-05-OAB § 2]
a. 
Purpose. The purpose of this subsection is to protect the safety of those who use our bay and ocean beaches from the dangers created by the operation of privately owned (as opposed to municipally owned), unlicensed and improperly equipped motor vehicles upon the Township's bay and ocean beaches. Further, this subsection is designed to protect those who would otherwise unduly subject themselves as well as others to the dangers created by failure to maintain a properly equipped or proper type of motor vehicle.
b. 
Operation of Vehicles on Bay Front Beach Prohibited. No person shall operate a motor vehicle upon the bay front beach at any time of the year.
c. 
Operation on Ocean Beach Restricted. The following rules and regulations shall be adhered to by all those operating four-wheel drive motor vehicles upon the ocean beach in Berkeley Township:
1. 
Any person desiring to operate a motor vehicle on the ocean beach in Berkeley Township shall be required to apply to the Township of Berkeley and pay a permit fee of $35 for residents and a permit fee of $50 for nonresidents. A disabled veteran, defined as "a resident of the state who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability of any degree" shall not be required to pay a fee upon proof of such status. The maximum number of permits shall be established by resolution of the Township of Berkeley governing body.
[Amended 4-27-2020 by Ord. No. 20-14-OAB]
2. 
No vehicles shall enter or leave the ocean beach except upon the provided 20th Avenue ramp. Once upon the beach, all vehicles shall remain within a corridor 50 feet from the water's edge.
3. 
There shall be no eating, sleeping, or camping on the ocean beaches at any time. In addition, it shall be unlawful for anyone to deposit waste of any type, including but not limited to, human, animal, vegetable, mineral or otherwise upon the ocean beaches.
4. 
No person shall operate a privately owned motor vehicle (as opposed to a municipally owned vehicle) of any type upon the ocean beach at any time from Memorial Day weekend through October 15th of each year.
d. 
Use of Four-Wheel Drive Vehicles on Ocean Beach. During the remainder of the year, only four-wheel drive motor vehicles which have received a Township permit and which are registered at 10,000 pounds or less shall be allowed upon the Berkeley Township ocean beach. Additionally, anytime said vehicle is to be used on the Berkeley Township ocean beach, it must contain the following equipment and be subject to the following restrictions:
1. 
Fishing equipment and bait/tackle for each person over 12 years of age. When said vehicle is not operating, said individuals must be actively engaged in fishing.
2. 
Tire gauge.
3. 
Spare tire.
4. 
Workable jack and board/support for jack in said (3/4-inch by twelve-inch by twelve-inch plywood square minimize size).
5. 
Tow chain/snatch line.
6. 
Shovel.
7. 
Flashlight.
8. 
Fire extinguisher.
9. 
Auto first aid kit.
10. 
Litter/trash bag.
11. 
Minimum of 1/4 tank of fuel.
e. 
Conformance with Statute Required. During the period when certain vehicles are permitted to be operated upon the ocean beach, they shall be so operated subject to and in conformance with the following provisions of Title 39 of the New Jersey Statutes:
1. 
N.J.S.A. 39:3-3 to 39:3-83, registration and licensing, equipment, tires and loads.
2. 
N.J.S.A. 39-6A-1 et seq. and 39:6B-1 et seq., no fault insurance and compulsory liability insurance.
f. 
Prohibited Acts. The following acts prohibited by Title 39 of the New Jersey Statutes shall also be deemed prohibited on the places of resort within the Township of Berkeley:
1. 
N.J.S.A. 39:4-49.1 operating a motor vehicle with certain drugs in possession or in motor vehicle.
2. 
N.J.S.A. 4-50 to 39:4-50.6, operating under the influence of liquor or drugs.
3. 
N.J.S.A. 39:4-52, racing.
4. 
N.J.S.A. 39:4-96, reckless driving.
5. 
N.J.S.A. 39:4-97, careless driving.
g. 
Speed Limit. The speed limit upon any ocean beach within the Township of Berkeley shall be 10 miles per hour.
h. 
Violations and Penalties. For any and every violation of the provisions of this subsection there will be a fine not exceeding $1,000 and not more than 90 days' imprisonment in the Ocean County Jail, or both, at the discretion of the Magistrate before whom said conviction is had.
[1974 Code § 54A-1; Ord. No. 6-80]
This section shall be known as the "Township of Berkeley Beach Protection Regulations."
[1974 Code § 54A-2; Ord. No. 6-80]
a. 
It has been clearly demonstrated that well established and protected sand dunes, together with berms, beaches and underwater slopes of suitable configuration and of proper grade and height, are a durable and effective protection against high tides and flooding and against damage by the ocean under storm conditions and are the natural protection of the coastal areas adjacent thereto, and the State and its subdivisions and their inhabitants have an interest in the continued protection thereof and in the right to restore them in the event of damage or destruction.
b. 
The dunes are vulnerable to erosion by both wind and water, but primarily by wind, since its attacks against the dunes are sustained for substantial and frequently recurring periods of time, whereas, if protected by typical berms, beaches and underwater slopes, the dunes are attacked by water only at infrequent intervals. The best available means of protecting the dunes against wind erosion is by preventing indiscriminate trespassing, construction or other acts which might destroy or damage the dunes and through the use of native plantings, supplemented by sand fencing and other devices designated to prevent the free-blowing of sand and the maintenance of the surface tensions, root accumulations, normal contours and other features found in typical natural dunes.
c. 
The immediate dune and beach area are not capable of rigid definition or delineation or of completely firm stabilization, so that particular sites, at the time free of dunes, may, as a result of natural forces, become part of the dune area necessary for the continuation of the protection outlined above, and persons purchasing or owning such property shall do so subject to the public interest therein.
d. 
It is the purpose of this section to define the areas so affected and to establish regulations to assure their continued effectiveness. This section is declared to be an exercise of the police power in the interest of safety and welfare and for the protection of persons and property.
e. 
The erosion of the beachfront has created an immediate and imminent threat and danger to life of persons and property in the Township by reason of the destruction of the sand barriers which protect the Township's oceanfront on both public and private property within the Township.
f. 
The interference with or the depletion of the beach and sand dunes tends to permit encroachment by the sea, and conditions recited above make it imperative that the Governing Body regulate and control the removal of sand from the beach or dunes or any other interference with or depletion of the protective barrier on the oceanfront of the Township.
[1974 Code § 54A-3; Ord. No. 6-80; Ord. No. 94-40]
As used in this section:
BACKSHORE
Shall mean that zone of the shore or beach lying between the foreshore and dune area and normally acted upon by waves only during severe storms, especially when combined with exceptionally high water.
BEACH
Shall mean the zone of unconsolidated material that extends landward from the low-water line to the place where there is a marked change in the material of physiographic form, i.e., dune or bulkhead. It includes the foreshore and backshore.
DUNE AREA
Shall mean the area actually or normally occupied by dunes. For purposes of this section, it shall be construed to include its actual dimensions.
DUNE LINE
Shall mean a row of dunes, which may blend in with a berm or berms, which blend in with each other, are roughly parallel to the ocean and serve as a protective barrier against the elements.
DUNES
Shall mean a wind or wave deposited or man-made formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach, and between the upland limit of the beach and the foot of the most inland dune slope. "Dune" includes the foredune, secondary and tertiary dune ridges, as well as man-made dunes, where they exist.
a. 
Formation of sand immediately adjacent to beaches that are stabilized by retaining structures, snow fences, planted vegetation or other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.
b. 
A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune."
(This definition is intended to reflect the definitions set forth in CAFRA Regulations N.J.A.C. 7:7E-3.16 as it may be amended.)
FORESHORE
Shall mean the part of the shore lying between the crest of the seaward berm and the ordinary low-water mark and that is ordinarily traversed by the uprush and backrush of the waves.
MEAN SEA LEVEL
Shall mean and include the term "sea level" and shall refer to the 1929 Sea Level Datum established by the United States Coast and Geodetic Survey or such other datum as may be established by the United States Army Corps of Engineers or other properly authorized agencies.
NATURAL DUNE
Shall mean a dune created by natural forces or one that has developed the contours, vegetation, root systems, etc., characteristic of dunes so created.
NATURAL VEGETATION
Shall mean and include the terms "native vegetation" or "indigenous vegetation." Specifically, it shall mean such plants as beach grass (Ammophila breviligulata), dusty miller (Artemisia stelleriana), Hudsonia (Hudsonia tomentosa), sea rocket (Cakile endentula), seaside goldenrod (Solidago sempervirens), bayberry (Myrica pensylvanica) or beach plum (Prunus maritima) which normally grow or may be planted on the slopes of dunes or behind them; no distinction is made as to how such plants are introduced into their locations.
SAND FENCE
Shall mean and include the term "snow fence" and may mean either of two types of barricades established in a line or a pattern to accumulate sand and aid in the formation of a dune.
a. 
BRUSHShall mean and consist of dead bushes, trees, reeds or similar debris collected in bundles and fixed by stakes or similar means.
b. 
PICKETShall mean the commercial variety of a light, wooden fence, held together by wire and secured by posts.
SLOPE, LEEWARD
Shall mean the face or surface of the dune or berm going from its crest or plateau away from the ocean.
[1974 Code § 54A-4; Ord. No. 6-80]
The following activities are prohibited:
a. 
Within the Foreshore and Backshore Areas. No construction of any sort shall be allowed except protective works undertaken by the Township with the approval of the Bureau of Navigation of the State of New Jersey or the United States Army Corps of Engineers, as applicable.
b. 
Within the Beach and Dune Areas. No construction of any sort shall be allowed within the beach and dune areas, except the following:
1. 
The protective work mentioned in Subsection a above.
2. 
Sand fences to encourage the accumulation of sand.
[1974 Code § 54A-5; Ord. No. 6-80]
Access to the open beach in this zone shall be obtained only across street ends or along properly constructed and authorized walkways and steps designed to protect dune grass from trampling. Where boardwalks and steps are constructed in street-end extensions, access shall be across such boardwalks and steps controlled by appropriate fencing. No access shall be constructed by a private owner without a permit as described below.
[1974 Code § 54A-6; Ord. No. 6-80]
The Township may erect or require the construction of fencing along the western limits of the backshore and dune areas and provide or require suitable markings to identify the same. Persons may enter such areas only to carry out the purposes of this section. Where walkways or boardwalks exist, the dune shall be suitably bordered with fences to prevent damage to the dunes or berms which they cross.
[1974 Code § 54A-7; Ord. No. 6-80]
No individual shall authorize or participate in any manner in the moving or displacement of sand within the beach and dune areas except to protect improvements adjacent thereto or to restore such improvements to their prior condition. Prior to such activity a permit shall be obtained pursuant to an application to the Township Engineer which shall contain the following information:
a. 
The name and address of the applicant.
b. 
The location of the sand to be moved or displaced.
c. 
The nature and purpose of the proposed moving or displacement.
d. 
The proposed method by which the applicant desires to move or displace the same, including a description of the equipment, machinery or other apparatus to be used.
e. 
An estimate in terms of cubic yards as to the quantity of sand to be moved or displaced.
f. 
A topographic map of the area to be disturbed, including areas adjacent thereto, with the final contours which will be established.
g. 
A statement in detail indicating satisfactory methods of stabilization, including a time schedule.
h. 
Such other information as may be reasonably required by the Township Engineer.
[1974 Code § 54A-8; Ord. No. 6-80]
a. 
No such permit shall be issued without a determination by the Township Engineer, based upon an inspection of the area involved, that such removal will not create or increase a danger or hazard to life or property. No permit will be granted if the proposed moving or displacement will:
1. 
Adversely affect the littoral drift on the beach and dune areas.
2. 
Result in a reduction of dune protection and the dune area as defined in Subsection 26-2.3.
3. 
Interfere with the general configuration of the beach and dune areas of the subject property or neighboring properties.
b. 
No permit will be granted for, and it shall be unlawful for any individual, firm or corporation to authorize or participate in:
1. 
The removal of sand from the beach and dune areas.
2. 
The removal or destruction of natural vegetation within the beach and dune areas.
3. 
The building of groins or other tangential construction which arrests the littoral drift, preventing sand from supplementing the dunes.
c. 
Permit Fee. Each application for a permit under the provisions hereof shall be accompanied by a fee of $150, which sum shall include payment for preliminary inspection by the Township Engineer and the processing of the application for a permit. However, the property owner shall be responsible for the retention and payment of his own professional engineer for the filing of the application in conformity with the requirement of the application for a permit under the terms of the provisions of this section.
[Ord. No. 94-40 § 2; amended 10-28-2019 by Ord. No. 19-38-OAB]
All dunes within Berkeley Township are hereby designated as a protected area. Trespassing on the dunes is strictly prohibited. Access to the beach may be obtained only at street ends or along municipally constructed and authorized walkways and steps designed to protect dunes from trampling. Where boardwalks and steps are constructed in the street and extensions, access shall be across such boardwalks and steps controlled by appropriate fencing and signage.
[1974 Code § 54A-9; Ord. No. 6-80; Ord. No. 88-43; New]
a. 
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each day of violation may be a separate offense hereof, at the discretion of the Court.
b. 
Notwithstanding the foregoing provision, the Township Engineer is empowered to pursue such equitable and legal relief as may be necessary to abate any violation of the within section. In the event that the violation involves either the movement of or disturbance of sand or conduct in violation of any permit issued hereunder, the Township Engineer is hereby empowered to issue a stop-work order, in addition to pursuing any legal or equitable remedy hereunder.
[1974 Code § 54A-10; Ord. No. 6-80]
A cash bond of not less than $1,000 shall be deposited by the applicant at the time of issuance of a permit. The actual amount of the bond shall be determined by the Township Engineer, based upon the scope of the work. An engineering fee of 5% of the estimated cost shall be paid to the Township to defray the cost of engineering inspections. The bond shall be refunded upon the Township Engineer's approval of the work which has been done. If the work has not been done in compliance with the specifications contained in Subsection 26-2.12 hereof, the Township shall have the right to have the work done as so required, charging the cost thereof against the bond. Any portion of the deposit remaining unused for such purpose shall be returned to the applicant. No interest shall accrue on funds deposited as a performance guaranty.
[1974 Code § 54A-11; Ord. No. 6-80]
Specifications for moving or displacement of sand shall be as follows:
a. 
The applicant or the applicant's contractor shall, in the process of performing work on the dune, maintain the elevation of the dune as established by the Township Engineer.
b. 
The applicant shall preserve the existing dune grass. In no case will the coverage of dune grass be less than 12 inches on center in any direction. All new plantings are to be fertilized with a suitable fertilizer.
c. 
The applicant shall place a one inch mat of salt hay over the entire area of the portion of the dune which has been disturbed during construction.
d. 
The applicant shall install new sand fences along the center line of the dune and position the fences so that they are perpendicular to the direction of the prevailing winds.
e. 
The applicant shall notify the Township Engineer 72 hours prior to the start of any construction or work.
f. 
The applicant will be notified within 15 workdays from the date of the application or when a completed application was submitted as to whether a permit will be granted or denied.
g. 
Where, by the action of high winds or tides, sand is blown or washed upon the lands, including street ends, lying westwardly from the dune line, such sand shall be placed only on the back beach area.
[Ord. No. 03-12-OAB, Preamble)]
The Township of Berkeley provides both economic and noneconomic assistance to Township-sponsored and nonprofit youth sports organizations serving the municipality and also provides use of various municipal facilities to such organizations.
The Mayor and Township Council believe that such Township-sponsored nonprofit and volunteer organizations provide valuable opportunities for Township children to engage in supervised recreational and competitive sport activities.
The Mayor and Council believe that the provision of a safe and organized environment for the conduct of youth sporting events is critical to maintain the benefits of such recreational opportunities for our youth.
[Ord. No. 03-12-OAB § 1]
CODE OF CONDUCT
Shall mean a written specification of the behavior of the parents, guardians, coaches and officials which is attached and incorporated hereto as Schedule A.[1] The within section must be consented to in writing by the parents and legal guardians of the minor participants of each youth sports activity. The Code of Conduct applies to any youth sports activity using Township facilities.
THE SPORTS AUTHORITY COMMITTEE
Shall mean Recreation Advisory Committee.
YOUTH SPORTS ACTIVITY
Shall mean any sports organizations pursuant to a Township sponsored or a nonprofit or similar charter which is affiliated with or receives monetary or other support or services from the Township of Berkeley or regularly utilizes any facilities owned, operated, or maintained by the Township, which sports organization participates in sporting competitions involving minors.
YOUTH SPORTS EVENT
Shall mean any game, competition, practice or instructional event involving one or more youth sports activities.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 03-12-OAB § 2]
Every sports activity shall be required to follow the Code of Conduct as set forth in this section and attached hereto as Schedule A.[1]
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter..
[Ord. No. 03-12-OAB § 3]
The leagues and Sports Authority Committee shall be charged with enforcing the provision of this section establishing a Youth Sports Code of Conduct.
[Ord. No. 03-12-OAB § 4]
The Code of Conduct will be made available to all parents and guardians of each child participating in a sports activity.
[Ord. No. 03-12-OAB §§ 5-9]
a. 
Any parent, guest, spectator, coach, or official at any youth sports event who initiates a fight, scuffle, or any type of physical abuse or threats of abuse towards any player, coach, official, parent, or spectator shall be subject to the sanctions attached in Schedule A.[1]
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
b. 
Any parent, guest, coach or official at any youth sporting event who enters the field of play, court or rink during any youth sporting event for the purpose of physically or verbally abusing or confronting coaches, players or officials shall be subject to the sanctions attached in Schedule A.
c. 
Any parent, guest, spectator, coach, or official at any youth sport event who verbally abuses officials, players, or spectators including the use of obscene or profane language or gestures, racial, ethnic, or sexual slurs may be reprimanded from the date of the incident and shall be subject to discipline as provided by the applicable Code of Conduct.
d. 
Any parent, guest, spectator, or official at any youth sports event who throws or causes to be deposited any object on the field of play, court or rink during any youth sports event shall be subject to such discipline as provided by the applicable Code of Conduct.
e. 
Any parent, official, coach or spectator at any youth sporting event shall be subject to the authority of all field officials including umpires, referees, and elected league officials or coaches of the youth sport activity. This authority shall also include any youth teams practice or instructional event, and such authority shall include the authorization to direct any person or persons involved in any incident in violation of this section or applicable Code of Conduct to immediately remove themselves from the premises.
[Ord. No. 03-12-OAB § 10]
a. 
Upon determination by a majority vote of the highest ranking official and the governing board of the youth sports activity that a parent, guest, spectator, coach or official at any youth sport event sponsored by such youth sports, has violated a provision of this section or the Code of Conduct of the youth sports activity, the league shall forward to such violator a notice via regular and certified mail identifying the date, location, nature of the violation and the period of the banning or other action to be taken in response to such violation.
b. 
Any parent, official, coach or spectator at a youth sports event who believes that a violation of this section or the Code of Conduct has been violated shall forward their name, address, phone number, violation of section, date, location of violation, and nature of the violation to the league. The league will then investigate the incident and upon determination by majority vote of the governing body shall forward to such violator a notice via regular and certified mail indicating the date and location and nature of the violation and the period of banning or other action to be taken in response to such violation.
c. 
Any person receiving such notice who wishes to contest same, shall appeal to the Township of Berkeley Sports Authority Committee within seven calendar days of the mailing of said notice by forwarding a copy of said notice with a written request for appeal specifically setting forth the basis of such person(s)' contest of the notice of violation via personal delivery, fax or certified mail to the Chairperson of the Code of Sports Authority Committee at the address specified and if none, then to the Sports Authority Committee, Township of Berkeley, P.O. Box B, Bayville, New Jersey, 08721.
d. 
Upon receipt of such appeal the Sports Authority Committee shall convene within seven days and provide an opportunity for said person and any interested person or persons to appear and be heard with respect to the occurrence of any violation and action taken by the Sports Authority Committee.
e. 
The Sports Authority Committee shall review statements, firsthand accounts and any other pertinent information or documentation relevant to the violation and upon a majority vote of members of the Committee, present at such hearing, may sustain, overturn, or modify the notice of the violation consistent with this section or the Code of Conduct. Any person while appealing their violation of the Code of Conduct shall not be reinstated with full rights and authority until such time that a determination and disposition of their appeal has been made.
f. 
All notices of violation and banning or other actions taken shall remain in effect until overturned or modified by the Sports Authority Committee.
g. 
In the event any notice of violation is not appealed within seven days of such notice, said notice of violation and action taken by the official or Sports Authority Committee including banning from youth sports events or other action taken shall become final.
[Added 4-27-2020 by Ord. No. 20-16-OAB]
a. 
The Township of Berkeley shall hereby permit commemorative plaques for residents and businesses to remember or honor individuals or causes to be placed on Township property.
b. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMEMORATIVE BENCH
A plaque that is affixed to a Township tree or structure (such as a bench) and which shall be inscribed with the name(s) of the person(s) and/or wording selected by the applicant.
c. 
The fee for each plaque shall be $100 plus the cost of the plaque.
d. 
Rules and Regulations.
1. 
Any Township resident or business wishing to dedicate a commemorative plaque shall make application to the Township of Berkeley. A completed application shall be reviewed by the Administrator, or his/her designee. The opportunity to have a commemorative plaque dedicated shall be extended to all persons, on a first-come, first-served basis and shall be further limited to availability of space as may be determined from time to time by the Administrator. The Township shall determine available locations within the Township for placement of such plaques.
2. 
Completed applications and all fees must be submitted to the Township of Berkeley and will be reviewed on a first-come, first-served basis. All plaques will installed within 60 days after acceptance and approval of the application and the Township's receipt of the fee from the applicant, weather permitting.
3. 
Placement of plaques is in the discretion of the Township Administrator. Wording on the plaques, as requested by the applicant(s), shall be approved by the Administrator.
4. 
Commemorative plaques shall be installed by Berkeley Township at a location selected by the Administrator or his/her designee, giving due consideration to public safety.
5. 
Berkeley Township shall not be responsible for the replacement of plaques that have been damaged or destroyed due to vandalism or natural occurrences such as fire or hurricane. Applicants may request the replacement of damaged or destroyed commemorative plaques at their own cost and expense. No replacement plaque shall be installed without the express written approval of the Administrator.
6. 
Plaques shall be of a size and style as approved by the Administrator or his designee. Plaque inscriptions shall be approved at the sole discretion of the Administrator or his designee.