[Ord. #373; Ord. #2007-107]
No person in a public park and recreation area shall:
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.
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designed for the opposite sex.
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.
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 hereunder.
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
Tie or hitch an animal to any tree or plant.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any mammal, bird, reptile, amphibian or other animal, whether domestic or wild, nor shall be remove or have in his possession the young of any wild animal, or the eggs or nest of any reptile or bird. An exception is made for insects or other invertebrates which sting, bite or pester persons.
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 the park 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 said waters.
Have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or 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.
Drive any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas by the borough.
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions there at and with the instruction of any attendant who may be present.
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
Ride a bicycle without reasonable regard to the safety of others.
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 them.
Swim, bathe, or wade in any waters or water-ways 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 there at when such activities are prohibited by the borough upon a finding that such use of the water would be dangerous or otherwise inadvisable.
Frequent any waters or places designated for the purposes of swimming or bathing, or congregate there at, except between such hours of the day as shall be designated by the borough for such purposes: the public beach area from 10:30 a.m. to 6:30 p.m., beginning the first Saturday of June of each and every year immediately following the official closing date of the public schools of the borough for the annual summer recess, and ending on Labor Day of each and every year, upon compliance by such residents with the requirements hereinafter set forth. No beach protection will be afforded after 6:30 p.m. during the period above mentioned.
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter, or structure of any kind unless there shall be an unobstructed view into said tent, shelter, or structure from at least two sides, nor shall any guy wire, rope, or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
Allow himself to be so covered with a bathing suit so as to indecently expose his person.
Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses on structures as may be provided for that purpose.
Bring into or operate any boat, raft, or other water craft, whether motorpowered or not, upon any waters, except at places designated for boating by the borough. Such activity shall be in accordance with applicable regulations as are now or hereafter be adopted.
Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
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, remain on or in, any boat during said closed hours of the park.
Fish in any waters except in waters designated by the borough for that use and under such regulations and restrictions as have or may be prescribed by the borough.
Fish in any area where bathing is permitted.
No person shall carry or possess firearms of any description, or air-rifles, spring-guns, bow-and-arrows, slings or any other forms of weapons 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.
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate that activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."
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.
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
Set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon.
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. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designed for such pastime.
Ride a horse except on designated bridle trails, where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and will not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree, or shrub.
Use the roller hockey rink in Scholer Park for any purpose other than roller hockey and other roller skating sports played on rubber wheeled skates. No skateboards, go-carts or metal wheeled roller skates may be used in the hockey rink, nor may any dogs or other domestic animals be brought or allowed within the rink.
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:
Bring alcoholic beverages, drink same at any time nor shall any person be under the influence of intoxicating liquor in a park. Special permits will be made available by the borough.
Have in his possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets, or other fireworks, firecrackers or explosives of inflammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. At the discretion of the borough, permits may be given for conducting properly supervised fireworks in designated park areas.
Bring a dog or other domestic animal into public park and recreation areas without a proper lead. No domestic animals are permitted in the beach or dock areas.
Occupy any seat or bench, or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved and designated by the borough for the use of the opposite sex. Exception is made for children under six years of age.
Appear at any place in other than proper clothing.
Solicit alms or contributions for any purpose, whether public or private.
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the borough. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
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.
Gamble, or participate in or abet any game of chance, without special permit that has been subject to all municipal, county and state laws.
Go onto the ice on any of the waters except such areas as are designated as skating fields, and provided a safety signal is displayed.
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.
Fail to produce and exhibit any permit from the borough he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
Expose or offer for sale any article or thing, nor shall be station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the borough.
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.
[Ord. #373; Ord. #2010-171]
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. The opening and closing hours for each individual park shall be posted therein for public information and shall be determined from time to time by resolution of the borough.
Any section or part of the park may be declared closed to the public by the borough at any time and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the borough shall find reasonably necessary.
Scholer Park-Designated areas, the hockey rink shall remain open until 10:00 p.m.
Permits for special events in parks shall be obtained by application to the borough in accordance with the following procedure:
A person seeking issuance of a permit hereunder shall file an application with the borough stating:
The name and address of the applicant.
The name and address of the person, persons, corporation, or association sponsoring the activity, if any.
The day and hours for which the permit is desired.
The park or portion thereof for which such permit is desired.
An estimate of the anticipated attendance.
Any other information which the borough shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
Standards for issuance of a use permit by the borough shall include the following findings:
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
That the proposed activity will not entail, extraordinary or burdensome expense or police operation by the borough.
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
The person or persons to whom the permit is issued shall be liable for all loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The borough shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the borough prior to the commencement of any activity or issuance of any permit.
Revocation. The borough shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
The borough and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
The borough and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this chapter.
The borough and any park attendant shall have the authority to seize and confiscate any property, thing, or device in the park, or used, in violation of this chapter.
This chapter shall also be enforced by the police department of the borough.
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment.
No motor vehicle shall be parked in said park areas from one-half hour after sunset until sunrise, except as otherwise permitted.
[Ord. #373; Ord. #2006-80]
Fines. Any person who is convicted of a violation of this chapter shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.
Restitution. In addition to the penalties imposed pursuant to paragraph a above any person may be directed by the municipal court or any court of competent jurisdiction to pay to the borough the cost of the repair, replacement or restoration of any damaged park property.
Each day that a violation shall continue to exist shall constitute a separate offense.
The Union Beach Shore Protection Bulkhead and Walkway shall be considered a borough park and shall be subject to the provisions of this Chapter 16. Parks and Recreation Areas.
The borough is hereby empowered to adopt, rescind and amend by resolution, regulations relating to the Union Beach Shore Protection Bulkhead and Walkway and its adjacent borough owned property, including but not limited to the following:
Hours of use:
Prohibitions and/or restrictions of the use of motor vehicles, motorcycles, mopeds, bicycles, skateboards, and any other means of conveyance and the parking of same;
Prohibiting or otherwise limiting the presence of domestic animals:
Prohibiting the possession and or playing of any radio, boom-box, audio recording players of any type or any other similar equipment; and
The erection, design and location of appropriate signs concerning any and/or all of the above prohibitions, limitations, rules, regulations or restrictions.
Prior ordinance history includes portions of Ordinance No. 2009-145.
The Skate Board Park is open from 8:00 a.m. until dusk. No trespassing when park is closed.
The park will be closed during wet, snow or icy conditions or during park maintenance periods.
The borough reserves the right to close the Skate Board Park or modify its hours of operation for any reason at the direction and discretion of the mayor and borough council.
All persons entering the Skate Board Park Facility are deemed to have knowledge that the Skate Board Park is a nonsupervised activity site designed for skateboarding and in-line skating only, and that all use of the Skate Board Park is at the risk of the user.
All persons entering the Skate Board Park are deemed to have agreed to indemnify, defend, and hold harmless the Borough of Union Beach, its officers, employees, agents, and volunteers for, from and against any accident, injury, including death and/or loss of property or damage thereto sustained as a result of using the Skate Board Park Facility.
All participants must skate with due care and circumspection as to avoid accidents or collisions with other skaters and use the equipment in the proper manner. No reckless or dangerous skating is permitted. Reckless or dangerous skaters will be required to leave the skating area and shall result in automatic and/or permanent expulsion from the facility.
Helmets, kneepads, elbow pads, appropriate closed toe footwear and wrist guards are required for skaters within the Skate Board Park facility.
Participants 10 years of age and younger must have a responsible adult present at all times.
All bicycles, scooters, motorized vehicles of any kind, and skate boards with a wheelbase longer than 20 inches are prohibited.
Personal ramps, rails, boxes, other apparatus or modifications to the Skate Board Park surface and equipment are prohibited.
Food, beverages or glass containers are not allowed inside the Skate Board Park Facility.
Spectators and pets are prohibited inside the Skate Board Park Facility.
All skaters are to act in an orderly, safe, and considerate manner while on the premises and in the skating area.
Smoking and the use of tobacco products, drugs, alcohol, profanity or abusive language is strictly prohibited and shall result in automatic and/or permanent expulsion from the facility.
Vandalism, graffiti and placement of unauthorized stickers is strictly prohibited. Any violation of this provision shall result in automatic and/or permanent expulsion from the facility and the violator shall be subject to all costs incurred to clean, repair and/or replace damaged equipment.
Use of radios, stereos or any type of amplified sound is prohibited in the Skate Board Park Facility. Wearing of head phones while in the Skate Board Park Facility is prohibited.
Each user of the facility should have personal identification that includes name, address, and telephone number in his/her possession at all times during use of the Skate Board Park Facility.
Each user of the facility must register with the borough and sign a waiver and a commitment to abide by the rules of the facility. Users that are not registered with the borough will be required to leave the facility immediately.
This section shall be enforced by the Borough of Union Beach Police Department. Notice of these rules shall be posted at the main entrance into the facility.
Any person(s) violating any of the provisions of this section shall be subject to automatic and/or permanent expulsion from this facility, a fine not to exceed $300, community service and/or revocation of any privileges for its use.
In addition to the rules and regulations contained in Chapter 16 of the Revised General Ordinances of the Borough of Union Beach, Parks and Recreation Areas and within this section, the following rules and regulations shall apply to beachfront vendors:
A vendor license is required for each vendor unit. A vendor unit is described as one of the following:
Single, self-contained motor vehicle.
Vehicle and trailer that depends on primary vehicle for transportation.
Single, self-contained vending cart; nonmotorized.
Vendor trailers are not permitted to park in vehicle parking spaces. The vendor is required to place the trailer on borough approved ground covering. There will be three predetermined vendor locations at the beachfront, two in the beachfront parking area and one at Firefighters Park. The choice of vendor location will be based on longevity of continued licensing by the borough.
All vendors seeking to sell any goods, foods or services within the beachfront area shall secure a "beachfront vendor" license. A "beachfront vendor" shall be defined by anyone seeking to sell goods, foods or services within the beachfront area.
The license fee shall be $550 per year.
All licenses shall have a term from January 1, to December 31, of that year. Applicants seeking to renewal an existing license shall apply between January 1, and February 15, of the applicable year. Each license shall be limited to the geographic location, designated as "A," "B" and "C." The period for open licensing shall commence February 16, for any open locations.
Every application filed with the borough clerk pursuant to this section shall be reviewed and approved by the borough clerk.
Each successful applicant shall post with the borough clerk a performance bond or cash in the amount of $500 to cover any damage done to the borough's beachfront improvements.
[Added 12-19-2019 by Ord. No. 2019-285]
Sports lighting has been constructed at Helen Harding Memorial Park in order for the athletic fields therein to be utilized after dark.
The aforementioned sports lighting shall go on at dusk and be turned off no later than 8:30 p.m. Sundays through Thursdays and go on at dusk and be turned off no later than 9:30 p.m. Fridays and Saturdays.
The above restriction is a condition of partial funding of the 2019 lighting project by the Monmouth County Board of Chosen Freeholders through the County of Monmouth Municipal Open Space Grant Program and memorialized in Grant Agreement dated March 29, 2019.