[Ord. #301, S 1; Ord. #529]
Persons in a public park and recreation area shall comply with
the following regulations. For purposes of this chapter, "public park"
and "recreation area" shall include, but not be limited to, all lands,
waterways, and other bodies of water (including detention basins and
retention basins) within the boundaries of the Borough of West Long
Branch, whether the same be owned by the Borough, County, or State.
[Ord. #301, S 1]
No person shall willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railing, 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 part property markers, or other structures or equipment, facilities
or part property or appurtenances whatsoever, either real or personal.
[Ord. #301, S 1]
No person shall 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 designated for
the opposite sex.
[Ord. #301, S 1]
No person shall 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.
[Ord. #301, S 1]
No person shall construct or erect any building, tent 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.
[Ord. #301, S 1]
No person shall 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.
[Ord. #301, S 1]
No person shall 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.
[Ord. #301, S 1]
No person shall tie or hitch an animal to any plant.
[Ord. #301, S 1]
No person shall hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall be remove or have in his possession the young of
any wild animal or the eggs or nest, or young of any reptile or bird.
Exception to the foregoing is made in that snakes, known to be deadly
poisonous, or deadly reptiles, may be killed on sight.
[Ord. #301, S 1]
No person shall throw, discharge, or otherwise place or cause
to be placed in the waters of any fountain, pond, lake, stream or
other body of water in or adjacent to any 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 the waters.
[Ord. #301, S 1]
No person shall 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.
[Ord. #301, S 1; Ord. #408, S 2]
No person shall drive any automobile, moped, motorized bicycle
or other motorized vehicle on any area except the paved park roads
or parking area, or such areas as may on occasion be specifically
designated as temporary areas by the Borough Council.
[Ord. #301, S 1; Ord. #O-14-12]
a.
No person shall park a vehicle in other than an established or designated
parking area, and such shall be in accordance with posted directions
thereat and with the instruction of any attendant who may be present.
b.
Parking areas within the public parks are provided for persons using
the parks, and for no other reason. Any person parking a motor vehicle
within any public park who has not done so for the purpose of using
that park or attending an activity which is taking place in that park
shall be deemed in violation of this subsection.
[Ord. #301, S 1]
No person shall leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park areas.
[Ord. #301, S 1]
No person shall ride a bicycle without reasonable regard to
the safety of others.
[Ord. #301, S 1]
No person shall swim, bathe, or wade in any waters or waterways
in or adjacent to any park.
[Ord. #301, S 1]
No person shall dress or undress in the park or recreation area.
[Ord. #301, S 1]
No person shall bring into or operate any motor powered boat,
raft, or other water craft upon any lake or waters within the park
or recreation area. However, this prohibition shall not apply to non-powered
boats, rafts, or other water craft.
[Ord. #301, S 1; Ord. #408, S 2; Ord. #O-12-11]
a.
Prohibition. No person shall fish in any portion of the lakes or
waters within any park or recreation area designated or restricted
by the Borough Council.
b.
Posting Required. Any portion of any lakes or waters as defined in
paragraph a above where the Borough Council has restricted fishing
shall be posted, so that the public is on notice that fishing is prohibited
in that lake or water. Fishing in such an area that is restricted,
but which has not been posted, shall not be deemed a violation of
this subsection.
[Ord. #301, S 1]
No person shall carry or possess firearms of any description,
or air-rifles, spring-guns, bow-and-arrows, slings or any other form
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
the park boundaries is forbidden.
[Ord. #301, S 1; Ord. #408, S 2]
Picnicking shall be permitted only in those areas designated
by the Borough Council. No person or group shall picnic in any area
that is not a designated picnic area without a permit issued by the
Borough Council. Groups of 25 or more persons must obtain a permit
from the Borough Council prior to picnicking in any portion of any
park or recreation area.
[Ord. #301, S 1]
No person shall set up tents, shacks, or any other temporary
shelter for the purpose of overnight or temporary camping, nor shall
any person leave in a park during or 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 or the
like.
[Ord. #301, S 1]
No person shall 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. Rollerskating
is prohibited as are the playing of rough or comparatively dangerous
games such as football and baseball. All of these activities are prohibited
except in designated areas.
[Ord. #301, S 1; Ord. #408, S 2]
No person shall ride a horse, nor bring or walk a horse through
the park.
[Ord. #301, S 2]
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 do the following.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall possess or consume alcoholic beverages, or any
controlled dangerous substance as defined by the New Jersey Statutes,
in any park or recreation area. No person shall be permitted within
any park or recreation area while under the influence of any alcoholic
beverage or controlled dangerous substance as defined by the New Jersey
Statutes. The Borough Council may issue a permit designating a specific
area where alcoholic beverages may be consumed in connection with
a specific event.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall 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, or inflammable
material, or discharge them, or throw them into any such areas from
lands or highways adjacent to any park or recreation area. This prohibition
includes any other substance or compound which would be dangerous
from any of the foregoing standpoints. The Borough Council may issue
a permit for conducting properly supervised fireworks displays and
presentations in a designated portion of a park or recreation area.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall bring a dog or other domestic animal into the
park unless it is leashed, which leash shall not exceed six (6') feet
in length. A person bringing a dog or domestic animal into the park
shall be required to observe usual sanitary conditions, remove the
animal's fecal matter from any grass or play area, and make certain
that the animal is "curbed."
[Ord. #301, S 2; Ord. #408, S 3]
No person shall solicit alms or contributions for any purpose,
whether public or private, without a permit having been given by the
Borough Council.
[Ord. #301, S 2]
No person shall build or attempt to build a fire. No person
shall drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco paper or other inflammable material within any
part or on any highways, roads, or streets abutting or contiguous
thereto.
[Ord. #301, S 2]
No person shall 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.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall gamble, or participate in, or abet, any game
of chance, except in such areas and under such regulations as may
be designated by the Borough Council, and in compliance with a permit
issued by the Borough Council.
[Ord. #301, S 2]
No person shall 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.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall fail to produce and exhibit any permit issued
by either the Borough Council or the Recreational Commission which
a person claims to possess upon request of any authorized person who
shall desire to inspect the permit for the purpose of enforcing compliance
with any statute, ordinance, rule, or regulation.
[Ord. #301, S 2]
No person shall disturb or interfere unreasonably with any person
or party occupying any areas or participating in any activity under
the authority of a permit.
[Ord. #301, S 2; Ord. #408, S 3]
No person shall expose or offer for sale any article or thing,
or shall be station or place any stand, cart, or vehicle for the transportation,
sale, or display of any such article or thing. An exception is hereby
made as to any regularly licensed concessionaire, charitable group,
or non-profit organization acting by and under the authority of a
permit issued by either the Borough Council or the Recreation Commission.
[Ord. #301, S 2]
No person shall 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. #301, S 2; Ord. #408, S 3]
No person shall use any athletic field or game area without
a permit from the Recreation Commission.[1]
[Ord. #301, S 3; Ord. #408, S 4]
Except for unusual and unforeseen emergencies, parks and recreation
areas shall be open to the public during the hours of 7:00 a.m. through
7:00 p.m. during the months from November through March, and during
the hours of 6:00 a.m. through 8:30 p.m. during the months of April
through October. The opening and closing hours for an individual park
or recreation area may be modified by a Resolution of the Borough
Council.
[Ord. #301, S 3; Ord. #408, S 4]
Any section or part of any park or recreation area may be declared
closed to the public by Resolution of either the Borough Council or
the Recreation Commission 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 Council
or Recreation Commission by Resolution shall find reasonable and necessary.
[Ord. #O-01-11, S 1]
a.
If there is no game being played, lights will be turned off no later
than 9:00 p.m. Team practices shall not be considered a "game".
b.
Lights will be turned off no later than 10:00 p.m. on nights when
a game is played.
c.
No inning of baseball may begin after 9:30 p.m.
d.
No night tournaments, with a lighted baseball field, may be played
in the park.
[1]
Editor's Note: Pursuant to Section 1 of Ordinance No. O-01-11,
these provisions are applicable to the Frank Caltabilota, Jr. Memorial
Field in Valenzano Park, on Wall Street, only.
[Ord. #O-01-11, S 2; Ord. #O-09-16]
a.
Lighting of the baseball field shall only be allowed between March
15 and November 15 of each calendar year.
[Amended 5-19-2021 by Ord. No. O-21-8]
b.
The baseball field shall not be lighted more than five nights per
week. "Week" shall be defined as Sunday through Saturday.
[Amended 5-19-2021 by Ord. No. O-21-8]
c.
Games shall not be played on any more than four (of the total of
five available) nights per week.
[Amended 5-19-2021 by Ord. No. O-21-8]
d.
Nights for the baseball field to be lighted cannot be "banked" or
carried over into any subsequent week, month or year.
[1]
Editor's Note: Pursuant to Section 1 of Ordinance No. O-01-11,
these provisions are applicable to the Frank Caltabilota, Jr. Memorial
Field in Valenzano Park, on Wall Street, only.
[Ord. #O-01-11, S 4]
The existing Borough ordinance regarding noise, and noise in
any park in particular, shall continue to apply when the baseball
field is lighted.
[Ord. #O-01-11, S 5]
Any violation of this section shall be punishable as follows:
a.
First offense — A fixed two hundred fifty ($250.00) dollar
fine, plus court costs.
b.
Second offense — A fixed five hundred ($500.00) dollar fine,
plus seven consecutive days loss of use of lighting privileges. The
seven days shall include a complete calendar week in season (i.e.,
between April 15 and October 15), and the seven days suspension shall
immediately follow sentencing by the Court.
c.
Third and subsequent offenses — A fixed one thousand ($1,000.00)
dollar fine, plus loss of lighting privileges for 12 consecutive months,
suspension of privileges to begin on the date of sentencing by the
Court.
d.
Suspension of lighting privileges may be enforced by the Court, as
well as by the Borough.
[Added 10-26-2022 by Ord. No. O-22-25]
[Ord. #301, S 4; Ord. #408, S 5]
Permits for special events in parks shall be obtained by application
to the Borough Council in accordance with the following procedure:
a.
A person seeking issuance of a permit hereunder shall file an application
with the Borough Council stating:
1.
The name and address of the applicant.
2.
The name and address of the person sponsoring the activity, if any.
3.
The day and hours for which the permit is desired.
4.
The part or portion thereof for which such permit is desired.
5.
Any other information which the Borough Council or the Recreation
Commission shall find reasonably necessary to a fair determination
as to whether a permit should be issued hereunder.
b.
Standards for the issuance of a permit by the Borough Council shall
include the following findings:
[Amended 9-1-2021 by Ord. No. O-21-11]
1.
The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
2.
The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
3.
The proposed activity or uses that are reasonably anticipated will
not include violence, crime or disorderly conduct.
4.
The proposed activity will not entail extraordinary or burdensome
expense or police operation by the Borough.
5.
The facilities desired have not been reserved for other use at the
date and hour requested in the application.
6.
That
the proposed activity and the persons or entities engaging in the
same shall not charge a fee for the activity.
[Ord. #301, S 4]
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.
[Ord. #301, S 4; Ord. #408, S 5; amended 9-1-2021 by Ord. No. O-21-11]
The person, or group, to whom any permit is issued shall be
liable for all loss, damage or injury whatsoever sustained by any
person or group, or by the Borough, by reason of the negligence of
willful action of the person or group to whom such permit shall have
been issued. The Borough Council 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 determined by the Borough Council prior
to the commencement of any activity by a permittee, or prior to the
issuance of any permit, and may require the posting of a bond or cash
deposit to protect the Borough in the event of damage, the amount
of the bond or cash deposit not to exceed the sum of $25,000.
[Ord. #301, S 4; Ord. #408, S 5; amended 9-1-2021 by Ord. No. O-21-11; 9-22-2021 by Ord. No. O-21-13]
The Borough Council shall have the authority to revoke any permit
upon a finding of violation of any statute, resolution, rule or ordinance,
or upon good cause shown. Summary revocation of a permit shall be
authorized by a majority vote of the Committee of the Borough Council
charged with the supervision of recreation.
[Ord. #301, S 5; Ord. #408, S 6]
Each member of the Borough Council, the designated representative
of the Recreation Commission, and any special or regular police officer
of the Borough shall, in connection with their duties as imposed by
law, diligently enforce the provisions of this Chapter.
[Ord. #301, S 5; Ord. #408, S6]
Each member of the Borough Council, the designated representative
of the Recreation Commission, and any special or regular police officer
of the Borough shall have the authority to eject from any park or
recreation area any person acting in violation of this section.
[Ord. #301, S 5; Ord. #408, S 6]
Each member of the Borough Council, the designated representative
of the Recreation Commission, and any special or regular police officer
of the Borough shall have the authority to seize and confiscate any
property, thing, or device in any park or recreation area located
in the Borough, if the item is being used in violation of any statute,
resolution, rule, regulation, of this section, or in violation of
any permit issued pursuant to this section.
[Ord. #301, S 5; Ord. #408, S 6; amended 9-1-2021 by Ord. No. O-21-11]
This section shall be enforced by each member of the Borough
Council, the Code Enforcement Officer and the Deputy Code Enforcement
Officer and any special or regular police officer of the West Long
Branch Police Department, all of whom shall have the right to issue
a summons for a violation of any provision of this section. In addition,
any person who observes a violation of any provision of this section
shall have the right to personally issue a summons to anyone who has
violated any provision of this section.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall drive or propel, or cause to be driven or propelled,
along any road or other area within a park or recreation area in the
Borough any vehicle or wheeled conveyance, whether motor powered,
animal drawn or self-propelled, including trailers, at a speed in
excess of five m.p.h., unless the Borough Council has designated by
posted speed limit signs a different speed for the area.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall drive or propel, or cause to be driven or propelled, along any road or other area within any park or recreation area in the Borough any vehicle or device described in Subsection 11-6.1 above, in a careless manner, or in a manner which might endanger the lives and property of pedestrians or animals, or the drivers or occupants of other vehicles, or any other person.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall set or place, or cause to be set or placed,
any goods, wares, or merchandise or property of any kind in a manner
which would obstruct travel by vehicles or pedestrians along designated
routes within a park or recreation area.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall enter any part of a park or recreation area
with any commercial vehicle, unless the person or vehicle has received
and possesses a current permit granting permission to do so by the
Borough Council. This provision shall not apply to a commercial vehicle
less than nineteen (19') feet in length, with a rated capacity of
one ton or less, which is being used for the purpose of transporting
a person to or from a park or recreation area.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall use any park drive or area within a park or
recreation area for the purpose of demonstrating any vehicle, or for
the purpose of instructing another to drive or operate any vehicle,
or for the purpose of learning to drive or operate any vehicle, or
for the purpose of cleaning, waxing or repairing any vehicle.
[Ord. #301, S 6; Ord. #408, S 7; Ord. #O-14-12]
a.
No person shall permit any vehicle to stop or stand outside of designated
parking areas, except for a reasonable time required to take up or
discharge passengers or equipment. No vehicle shall be parked in any
park or recreation area from one hour after sunset until sunrise,
except as otherwise permitted by a Resolution adopted by the Borough
Council.
b.
Parking areas within the public parks are provided for persons using
the parks, and for no other reason. Any person parking a motor vehicle
within any public park who has not done so for the purpose of using
that park or attending an activity which is taking place in that park
shall be deemed in violation of this subsection.
[Ord. #301, S 6; Ord. #408, S 7]
No person shall use loud speakers, public address systems, or
amplifiers of any type within a park or recreation area without having
first obtained a permit in advance from the Borough Council.
[Ord. #301, S 6; Ord. #408, S 7]
No portable radio, tape player, record player, television, musical
instrument, or other sound creating device shall be played in such
a manner as to create a nuisance to other persons in or around the
area in which such device is being played.
[Ord. #301, S 7; Ord. #408, S 7]
Any person violating any of the provisions of this section, or any Rule or Regulation promulgated pursuant thereto, shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property, and shall be subject to a fine as established in Chapter 1, Section 1-5 of this Code.
[Ord. #408, S 10]
As used in this section:
Shall each mean any park, reservation, playground, recreation
center, or other area in the Borough, owned, leased, or used by the
Borough and designated for active or passive recreation use of any
type.
Shall mean any wheeled conveyance, whether motor powered,
animal drawn, or self-propelled. The term shall include any trailer
in tow of any size, kind or description. An exception is made for
baby carriages being used for the purpose of transporting a child,
and any vehicle being used while in the service of the Borough.
[Ord. #O-03-5, S 1; Ord. #O-11-2, S 1; Ord. #O04-6, S 1;
Ord. #O-14-14; Ord. No. O-2016-4 § 1; amended 3-16-2022 by Ord. No. O-22-4]
a.
A fee of $300 will be due and payable for any child participating
in the program. If there is more than one child in a family participating
in the summer recreation program, for each additional child a fee
of $250 will be due and payable.
b.
Art Camp. There will be a separate fee of $65 for each child participating
in the art camp.
[Ord. #O-03-5, S 2; Ord. #O-11-2, S 2; Ord. #O-14-6, S 2; Ord. No. O-2016-4 § 2]
The annual fee must be received by the Borough on or before
June 1 of each year. If any child is registered, and payment for that
child is received after June 1, the fee will be $250.
[Ord. #O-03-5, S 3; Ord. No. O-2016-4 § 3]
All payments shall be made payable to the Borough of West Long
Branch. The location of payment shall be the West Long Branch Borough
Hall, 965 Broadway, West Long Branch, unless and until the Governing
Body shall direct a different location for such payments to be made.
[Added 9-21-2022 by Ord.
No. O-22-20]
A permit shall be required for any persons or group seeking
to use the gazebo for any event or event-related purpose. This includes
the exchange of wedding vows and similar type events.
[Added 9-21-2022 by Ord.
No. O-22-20]
No gazebo permit shall be required for persons using the park
and stopping to take a picture at or within the gazebo. The section
is intended to govern persons or groups from using the gazebo for
an event or an event related function.
[Added 9-21-2022 by Ord.
No. O-22-20]
Prior to using the gazebo, any person or groups subject to this
section, shall submit a gazebo permit request, together with a fee
of $25.
[Added 9-21-2022 by Ord.
No. O-22-20]
The following conditions shall apply to all gazebo permits:
a.
The applicant for any gazebo permit shall be responsible for cleaning up the gazebo and the area around it following completion of the event. All garbage and other event-created debris shall be removed offsite (meaning off Franklin Lake property) at the conclusion of the event. Failure to do so will result in penalties assessed in accordance with Borough Subsection 3-7.5 regarding littering.
b.
No person, group, or organization shall staple, nail, or otherwise
affix any banner, sign, or decorative item to the gazebo.
c.
No loud music that causes a nuisance shall be used.
d.
No Tent Shall Be Permitted At Any Time in the Gazebo. This includes
any tent-like temporary structure which utilizes stakes driven in
or placed into the ground. The tent prohibition applies to both the
gazebo and the lands in Franklin Lake Park.
e.
There shall be no throwing of rice, birdseed, artificial flower petals,
or similar items in or near the gazebo. Event attendees may utilize
bubbles in lieu of the prohibited items.
f.
There shall be no picnicking or food in the gazebo.
g.
There shall be no smoking or vaping.
h.
The presence or consumption of alcohol are prohibited.
i.
Children shall not be permitted to climb, sit, or stand on the gazebo
railings.
j.
Such other rules, regulations, and procedures, which may be adopted
by the governing body, either by ordinance or resolution.
