[Ord. #373; Ord. #2007-107]
a.
No person in a public park and recreation area shall:
1.
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
pavings or paving materials, water lines or other public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts, or other boundary
markers, or other structures or equipment, facilities or park property
or appurtenances whatsoever, either real or personal.
2.
Fail to cooperate in maintaining 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.
3.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
4.
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon, or across such lands, except on special written permit
issued hereunder.
5.
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.
6.
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.
7.
Tie or hitch an animal to any tree or plant.
8.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any 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.
9.
Throw, discharge, or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in or adjacent to 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.
10.
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.
11.
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.
12.
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.
13.
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park areas.
14.
Leave a bicycle in a place other than a bicycle rack when such is
provided and there is space available.
15.
Ride a bicycle without reasonable regard to the safety of others.
16.
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.
17.
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.
18.
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.
19.
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.
20.
Allow himself to be so covered with a bathing suit so as to indecently
expose his person.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
Fish in any area where bathing is permitted.
27.
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.
28.
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.
29.
Violate the regulation that use of individual fireplaces together
with tables and benches follows the generally accepted rule of "first
come, first served."
30.
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.
31.
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.
32.
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.
33.
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.
34.
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.
35.
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.
b.
While in a public park or recreation area, all persons shall conduct
themselves in a proper and orderly manner, and in particular, no person
shall:
1.
Bring alcoholic beverages, 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.
2.
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.
3.
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.
4.
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.
5.
Appear at any place in other than proper clothing.
6.
Solicit alms or contributions for any purpose, whether public or
private.
7.
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.
8.
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.
9.
Gamble, or participate in or abet any game of chance, without special
permit that has been subject to all municipal, county and state laws.
10.
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.
11.
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.
12.
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.
13.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
14.
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.
15.
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.
a.
Scholer Park-Designated areas, the hockey rink shall remain open
until 10:00 p.m.
[Ord. #373]
Permits for special events in parks shall be obtained by application
to the borough in accordance with the following procedure:
a.
A person seeking issuance of a permit hereunder shall file an application
with the borough stating:
1.
The name and address of the applicant.
2.
The name and address of the person, persons, corporation, or association
sponsoring the activity, if any.
3.
The day and hours for which the permit is desired.
4.
The park or portion thereof for which such permit is desired.
5.
An estimate of the anticipated attendance.
6.
Any other information which the borough shall find reasonably necessary
to a fair determination as to whether a permit should be issued hereunder.
b.
Standards for issuance of a use permit by the borough shall include
the following findings:
1.
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
2.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
3.
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
4.
That the proposed activity will not entail, extraordinary or burdensome
expense or police operation by the borough.
5.
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
c.
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.
d.
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.
e.
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.
[Ord. #373]
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.
[Ord. #373]
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]
a.
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.
b.
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.
c.
Each day that a violation shall continue to exist shall constitute
a separate offense.
[Ord. #654]
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:
a.
Hours of use:
b.
Curfews;
c.
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;
d.
Prohibiting or otherwise limiting the presence of domestic animals:
e.
Prohibiting the possession and or playing of any radio, boom-box,
audio recording players of any type or any other similar equipment;
and
f.
The erection, design and location of appropriate signs concerning
any and/or all of the above prohibitions, limitations, rules, regulations
or restrictions.
[Ord. #2010-167]
Prior ordinance history includes portions of Ordinance No. 2009-145.
a.
The Skate Board Park is open from 8:00 a.m. until dusk. No trespassing
when park is closed.
b.
The park will be closed during wet, snow or icy conditions or during
park maintenance periods.
c.
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.
a.
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.
b.
Helmets, kneepads, elbow pads, appropriate closed toe footwear and
wrist guards are required for skaters within the Skate Board Park
facility.
c.
Participants 10 years of age and younger must have a responsible
adult present at all times.
d.
All bicycles, scooters, motorized vehicles of any kind, and skate
boards with a wheelbase longer than 20 inches are prohibited.
e.
Personal ramps, rails, boxes, other apparatus or modifications to
the Skate Board Park surface and equipment are prohibited.
f.
Food, beverages or glass containers are not allowed inside the Skate
Board Park Facility.
g.
Spectators and pets are prohibited inside the Skate Board Park Facility.
h.
All skaters are to act in an orderly, safe, and considerate manner
while on the premises and in the skating area.
i.
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.
j.
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.
k.
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.
l.
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.
m.
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.
[Ord. #2010-153]
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.
A vendor license is required for each vendor unit. A vendor unit
is described as one of the following:
1.
Single, self-contained motor vehicle.
2.
Vehicle and trailer that depends on primary vehicle for transportation.
3.
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.
b.
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.
c.
The license fee shall be $550 per year.
d.
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.
f.
Every application filed with the borough clerk pursuant to this section
shall be reviewed and approved by the borough clerk.
g.
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]
a.
Sports
lighting has been constructed at Helen Harding Memorial Park in order
for the athletic fields therein to be utilized after dark.
b.
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.
c.
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.
