Township of Lacey, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lacey 2-9-1984 as Section 1 of Ord. No. 3-84 (Ch. 79A of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 130.
Fishing and crabbing — See Ch. 181.
Littering — See Ch. 219.
Noise — See Ch. 242.
Peddling and soliciting — See Ch. 269.
Vehicles and traffic — See Ch. 323.
The purpose of this chapter is to regulate the use of parks and park property owned and maintained by the Township in order that all persons may enjoy and make use of such parks and park property and to protect the rights of those owning property adjacent to such parks.
A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AMPLIFIED SOUND
Music or speech projected or transmitted by artificial means, including but not limited to amplifiers, loudspeakers or any similar device.
DEPARTMENT
The Township Department of Recreation.
DIRECTOR
The Director of the Department of Recreation.
LAW ENFORCEMENT OFFICER
Any member of the Police Department authorized to enforce all criminal and traffic laws and ordinances within the Township.
PARK
Any public park, beach, recreation, playground or land area, or building or facility thereon, within the Township of Lacey, owned or controlled by the Township and which is maintained by the Township as a public park, beach, recreation, playground or land area, or building or facility thereon, whether or not such areas have been formally dedicated to such purpose.
[Amended 3-9-2000 by Ord. No. 00-08]
PARK GUARD
Any employee of the Township under the supervision of the Director and authorized to enforce all criminal and traffic laws and ordinances within park boundaries.
PARKING AREA
Any designated park or any park road, drive or special area contiguous thereto that is set apart for the standing or stationing of vehicles and is marked accordingly.
PERMIT
The written permission that must be obtained from the Township Clerk or her designated agent to carry out a given activity in a park.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL WATERCRAFT
Includes any powered watercraft that is designed to be operated by a person or persons sitting, standing or kneeling.
[Added 10-28-1993 by Ord. No. 93-87]
POLLUTION
The contamination or other alteration of the physical, chemical or biological properties of park waters, including changes in the temperature, taste, color, turbidity or odor of the water, or such discharge of any liquid, gas, solid, radioactive or other substance into any park waters that will or is likely to create a public nuisance or render such water harmful, detrimental or injurious to the public health, safety or welfare or to the domestic, recreational or other beneficial uses or to wild animals, birds, fish or other aquatic life.
TOWNSHIP
The Township of Lacey.
VEHICLE
Includes any wheeled device for conveyance, whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Baby carriages and vehicles in the service of the Township are excluded from this definition.
[Amended 7-11-1996 by Ord. No. 96-36]
VESSEL
Includes any device for conveyance on the water, whether propelled by motor, wind or human power. The term includes, but is not limited to, any boat, yacht, cruiser, canoe, raft or other watercraft.
[Amended 7-11-1996 by Ord. No. 96-36]
[1]
Editor's Note: Former § 261-3, Persons authorized to use park facilities, as amended 7-11-1996 by Ord. No. 96-36, was repealed 6-26-2003 by Ord. No. 2003-29.
All applicable state and local vehicle and traffic laws and ordinances shall continue in full force and effect in any park and shall be enforced by any law enforcement officer or park guard.
All law enforcement officers and park guards shall direct traffic whenever needed in a park or on highways, streets or roads immediately adjacent to a park in accordance with the provisions of this chapter or any other applicable laws and ordinances.
A. 
No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways or in and upon designated areas or trails set aside for use by such vehicles, unless directed by a law enforcement officer or park guard to do so or by official signs or markings.
B. 
Where a public road, street or highway crosses a park, such road, street or highway shall be open to all through traffic normally permitted on any road, street or highway, but such traffic shall conform to park traffic regulations, and vehicles not otherwise permitted to operate within a park shall not stop along such road, street or highway except in an emergency.
C. 
No person shall operate a vehicle in a park in such a way that traffic is obstructed. In the event that a vehicle must be stopped or parked along a park road or driveway because of an emergency for more than 30 minutes, the operator shall notify a law enforcement officer or park guard of the location of the vehicle and of its description.
D. 
No person shall operate a vehicle within the park in excess of five miles per hour, except upon those roads or driveways where official signs or markings designate a different speed limit.
[Amended 5-25-1989 by Ord. No. 29-89]
E. 
No person shall operate any vehicle on any recreational fields.
A. 
The Township may, in its reasonable discretion, set aside or designate areas, paths, trails or roads in a park where operating bicycles, tricycles, motorcycles, scooters and minibikes shall be allowed.
B. 
Bicycles and tricycles shall be operated on the right-hand side of a roadway, as close to the edge of the paving as conditions permit. When two or more such vehicles are operated in a group, they shall keep in a single file.
A. 
No person shall park a vehicle on park property other than in areas designated for parking that type of vehicle, unless there is an emergency or unless directed to do otherwise by a law enforcement officer or a park guard. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer or a park guard.
B. 
No vehicle shall be left standing or parked at night within a park without lights clearly visible, front and rear, for at least 200 feet, except in designated parking areas.
C. 
No vehicle shall be left parked on park property after park closing hours without obtaining a permit from the Director.
D. 
No park employee shall accept any gratuity for any service concerning the parking of a vehicle.
No person shall, in any Township park, do or cause to be done any of the following without first obtaining a permit from the Township:
A. 
Willfully mark, deface or injure in any manner, or displace, remove or tamper with, any park building, bridge, table, bench, fireplace, railing, paving or paving materials, water line or other public utility or parts thereof, park sign or marking whether temporary or permanent, monument, stake, post or other structure or equipment, facility or park property of any kind.
B. 
Willfully dig, cut, move or remove from any park or park area any sand, wood, turf, grass, gravel, shrub or other material or make any excavation by hand, tool, equipment, blasting or any other means.
C. 
Construct or erect any building or structure of any kind, whether permanently or temporarily, or run or string any public utility into, upon or across a park.
No person shall, in any Township park, do or cause to be done any of the following without first obtaining a permit from the Township:
A. 
Willfully pick, saw, chop, cut, carve, remove or injure any flowers, seeds, blooms, bark, branches, twigs or leaves of any tree, plant, shrub, vine, bush or any other vegetation.
B. 
Willfully drive any nail, staple or attach or fasten any wire, rope or other device to any tree or plant or tie or hitch any animal to any tree or plant.
C. 
Willfully dig in or disturb any grass areas or in any way injure or impair the natural beauty or usefulness of any park area.
D. 
Willfully climb any tree or walk, stand or sit upon any monument, vase, fountain, railing, fence or any other park property not designated or normally used for such purposes.
No person shall, in any Township park, do or cause to be done any of the following without first obtaining a permit from the Township:
A. 
Willfully capture, attempt to capture, hunt, molest, injure, trap or administer or set out any bait or harmful substance for any wild or domestic animal, reptile or bird or remove or have in his or her possession the young, eggs or nest of any animal, reptile or bird.
[Amended 7-11-1996 by Ord. No. 96-36]
B. 
Willfully give or offer or attempt to give or offer to any wild or domestic animal, reptile, bird or fish any tobacco, alcohol or other potentially harmful substance.
No person shall, in any Township park, do or cause to be done any of the following without first obtaining a permit from the Township:
A. 
Willfully 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 any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
B. 
Willfully have brought in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash, but shall place same in the proper receptacles when these are provided; when receptacles are not so 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.
[Amended 8-9-1984 by Ord. No. 41-84; 7-11-1996 by Ord. No. 96-36; 4-8-1999 by Ord. No. 99-09; 7-11-2002 by Ord. No. 02-21; 6-23-2011 by Ord. No. 2011-10; 4-26-2018 by Ord. No. 2018-11; 6-20-2019 by Ord. No. 2019-08]
A. 
No person in a park shall:
(1) 
Swim, bathe, dive or wade in any water or waterway in or adjacent to any park, except in such water or waterway as the Township may designate and in accordance with the terms of this chapter and any other regulations that the Township may promulgate.
(2) 
Frequent any water or places where swimming, bathing or wading is permitted, except during those hours that the Township has established for such activities.
(3) 
Change into bathing clothes from street clothes or from bathing clothes into street clothes, except in a bathhouse or other structure designated for such use.
(4) 
Fail to wear bathing clothes that cover the genitals and buttocks and, in the case of females, that also cover the areolae and nipples.
B. 
The Township shall not designate any water or waterway for swimming, bathing or wading where such use of the water would be dangerous to the public health, safety or welfare.
C. 
In regard to freshwater beaches, the following regulations shall apply in addition to those already set forth herein:
(1) 
All freshwater beaches in the Township of Lacey shall be open for use only between dawn and dusk each day during the season.
(2) 
The Township Committee shall determine the season or period of each year when each of said beaches shall be opened and closed.
(3) 
Prohibited acts.
(a) 
No person shall do any of the following things at, upon or in the immediate vicinity of any freshwater bathing beach:
[1] 
Dress or undress in a motor vehicle or use the same as a place for sleeping.
[2] 
Discard any paper, bottle, container, food, drink, garbage or other refuse upon any beach or in the water adjacent thereto.
[3] 
Litter, damage, destroy or disfigure any part of said beach or any public or private property thereon.
[4] 
Fish at or from any such bathing beach.
[5] 
Use loud or obscene language; make or utter any loud noise, sound or music; play ball or any game or engage in any activity which may endanger any other person or interfere with the quiet use and enjoyment of the beach by any other person.
[6] 
Possess, consume or bring on the bathing beach or in the water adjacent thereto any alcoholic beverage, food or drink of any kind whatsoever.
[7] 
Take or permit an animal to be upon any bathing beach or in the water adjacent thereto.
[8] 
Go into or remain in the water of any bathing beach when directed by a police officer or some other authorized person to leave the same or when in an intoxicated condition.
[9] 
Molest or disturb any person in the peaceful enjoyment of any of the beach or bathing facilities or do anything which might endanger the life or safety of himself, herself or any other person.
[10] 
Go beyond the water limits designated or authorized for bathing and swimming purposes.
[11] 
Refuse or neglect to obey the orders and directions of any police officer or other authorized person as to the time, place or areas for bathing.
[12] 
Use or permit the use of water skis or boats in any bathing area except for lifesaving or emergency purposes.
[13] 
Eat, drink or picnic in any area except those designated for such purposes.
[14] 
Peddle, vend, purvey, sell, distribute or otherwise dispose of any food, drink, goods, wares and/or merchandise on any bathing beach or municipally owned property adjacent thereto.
[15] 
Bathe with or otherwise use any soap, detergent or shampoo.
[16] 
Smoke at any time.
(b) 
No motorized watercraft, including but not limited to model power boats, shall be operated at any time on the following freshwater lakes: Lake Barnegat, Deerhead Lake, Bamber Lake and the Mill Pond.
(4) 
The freshwater bathing beaches operated by the Township of Lacey shall be used only by the residents and taxpayers of Lacey Township and their guests in accordance with the requirements hereinafter provided.
(5) 
No person over the age of five years shall use any of said bathing beaches without first paying a license fee of $5.00 for each year, for which there shall be issued to him or her a badge. Said badge at all times shall be worn by any person using any of the bathing or beach facilities and shall be displayed and exhibited upon request by any police officer or by any other authorized person.
[Amended 2-27-2020 by Ord. No. 2020-07]
(6) 
Each resident or taxpayer shall be entitled to apply for and obtain 15 badges for use by members of his or her "immediate family," which, for the purposes of this article, shall mean the resident or taxpayer and his or her family and guests.
(7) 
The Township Committee may, from time to time, adopt rules and regulations pertaining to the issuance of licenses and the supervision and control of said bathing beaches.
(8) 
No person shall lend, give, rent or sell any beach badge to any other person subsequent to the original issuance, except that guest badges obtained for use by tenants of a rented or leased house as hereinabove provided may be used by subsequent tenants of the same house during the season.
(9) 
The Township Committee, its representatives, agents, officers and employees shall have the right to challenge and demand proof of the age of any child and to revoke a beach badge and all rights and privileges arising from the issuance thereof for any violation of any of the provisions of this section, in which event the fee paid for said badge need not be refunded.
(10) 
Use of Lacey Township's inflatable floating playground will be subject to the following regulations and conditions for use set forth herein.
(a) 
All users must adhere to the following:
[1] 
Life jackets are required for all participants when using the inflatable floating playground.
[2] 
Must be eight years of age or older to access our inflatable floating playground.
[3] 
Participants must remove all jewelry, keys, glasses, sunglasses and sharp objects from their person and must be wearing swing apparel only.
[4] 
Access onto the floating equipment via the designated yellow steps only. Do not climb up onto the equipment; you must swim to the designated yellow steps.
[5] 
Do not swim underneath any piece of equipment. Failure to abide to this rule will result with your removal from the floating playground.
[6] 
Users must enter the water feet first, including all slides.
[7] 
No head first diving or flips permitted on the floating playground.
[8] 
Horseplay is prohibited. No pushing, shoving or rough play permitted at any time. Behavior that is unsafe to the users of the park will result in removal from the floating playground.
[9] 
Listen to the instructions from the lifeguards at all times.
[10] 
Access to the floating playground is prohibited without an authorized lifeguard present on the playground.
(b) 
The operating season will be determined by the Township of Lacey Recreation Department each season. The inflatable floating playground will operate daily within the operating season of the Lacey Township Beach Patrol. The hours of operation will be listed below with the exception of inclement weather.
10:30 a.m. to 12:00 p.m.
Reserved for group sales, camps, birthday parties, corporate team building, etc.
12:00 p.m. to 1:00 p.m.
Open to the public
1:00 p.m. to 2:00 p.m.
Open to the public
2:00 p.m. to 3:00 p.m.
Open to the public
3:00 p.m. to 4:00 p.m.
Open to the public
4:30 p.m. to 6:00 p.m.
Reserved for group sales, camps, birthday parties, corporate team building, etc.
(c) 
The following fee schedule is set forth herein.
[1] 
A one-hour wristband is $10 for a current Lacey Township Beach Patrol license holder (beach badge). If you do not possess a license, the one-hour wristband is $15.
[2] 
To book a group you must have a minimum of 25 people. A group of 25 will be $225 and $9 per person for each person after 25 for a current Lacey Township Beach Patrol license holder (beach badge). If you do not possess a license, the one-hour wristband is $350 and $14 per person for each person after 25.
[3] 
Food packages will also be available as determined by the Lacey Township Recreation Department.
(d) 
Admission to the inflatable floating playground is open to all members of the public, including nonresidents of the Township of Lacey, provided there is space available and subject to the higher fee schedule.
A. 
No person shall bring into or operate any vessel upon any park waters, except at places designated for boating activities by the Township. Boating shall be carried on in accordance with the terms of this chapter and other regulations that the Township may promulgate.
B. 
Vessels shall be operated in a manner that does not endanger the occupants of other vessels or persons in the water or on shore. Where motor-propelled vessels are allowed, they shall yield to unmotorized vessels, and all vessels shall yield to sailboats under sail.
[Amended 7-11-1996 by Ord. No. 96-36]
C. 
No person shall operate a vessel on designated park waters during park closing hours, nor shall any person remain on a vessel in designated park waters during designated park closing hours unless a permit is obtained from the Township.
D. 
The following regulations shall also apply to the operation of vessels on park waters:
(1) 
Motor-powered vessels shall not be operated without a competent person at the vessel's controls.
(2) 
Operators of any vessel shall be responsible for any damage caused by their vessel's wake.
(3) 
Overtaking vessels shall pass to the left side of the overtaken vessel.
(4) 
Vessels on opposite and parallel courses shall pass to the right of one another by keeping the other vessel to the left side.
(5) 
Whenever two vessels approach each other at an oblique or right angle and in such a manner that a risk of a collision is created, then the vessel which has the other vessel on its left side has the right-of-way and shall hold its course and speed. The vessel which has the other vessel on its right side shall yield to the other vessel and shall not cross ahead of the other vessel.
(6) 
Vessels under way shall keep clear of vessels at rest or at anchor.
(7) 
Motor-powered vessels shall be fitted with an effective muffler, unless preparing to engage in or engaging in an approved competition.
(8) 
Every vessel shall have on board a minimum of one life preserver for each person on board.
(9) 
Gasoline tanks on vessels having inboard motors shall be vented overboard, and carburetors on inboard motors shall be fitted with flame arrestors.
(10) 
Airboats shall not be operated on park waters without a permit from the Director.
E. 
The use or operation of any ship, boat, raft, hydroplane or other like vehicle under power used in or upon the water, capable of being occupied by one or more persons, in or upon any of the lakes, rivers, streams or waterways west of State Highway Route No. 9 in the Township of Lacey, without the prior approval and written consent of the Township Committee, except as hereinafter provided, is prohibited:
(1) 
An application may be made to permit a regatta, race, boat show or other like event, the duration of which will not exceed one day. Said application shall be in writing and shall state the reason or reasons for which a permit is requested and shall set forth the approximate number of ships, boats, rafts, hydroplanes or other like vehicles designed to be used or operated under power which it is anticipated will participate, the starting and finishing times of said event and the precautionary measures being taken for the safety of the participants, spectators and the public.
(2) 
If satisfied that the proposed use or operation is not inimical to the public health and safety and does not create a dangerous or hazardous situation, then the Township Committee may issue such permit, subject to any conditions which it deems necessary to the protection of the public health, safety and the general welfare.
(3) 
The Township Committee may, by resolution, designate the Township Clerk or other municipal official to issue such permits and, in said resolution, shall establish such standards as the Township Committee deems necessary to guide and direct said officer in the issuance of said permits.
F. 
No person or persons shall launch any vessel or personal watercraft from Township-owned bay, river or lagoon property, except from areas designated as approved launching ramps or sites by the Township Committee by resolution. Any such approved launching ramp shall be designated by signs erected at the site by the Department of Public Works.
[Added 10-28-1993 by Ord. No. 93-87]
G. 
No person or persons shall place, locate, store or beach, whether temporarily or permanently, any vessel or personal watercraft on Township-owned bay, river or lagoon property, except at areas designated by the Township Committee by resolution. Any such approved sites shall be designated by signs erected at the site by the Department of Public Works.
[Added 10-28-1993 by Ord. No. 93-87]
H. 
No person or persons shall operate a vessel or personal watercraft within 50 feet of a bathing beach that has its boundaries marked by buoys or signs.
[Added 10-28-1993 by Ord. No. 93-87]
I. 
No person or persons shall operate a personal watercraft above idle speed within 50 feet of a shoreline or 50 feet from a person or persons in the water.
[Added 10-21-1993 by Ord. No. 93-87]
[Amended 4-24-1997 by Ord. No. 97-16]
No person shall engage in fishing for profit or otherwise at any swimming, wading or bathing area of any beach and/or park located in the Township of Lacey, nor shall any person buy or sell fish caught in park waters on park property. Fishing for nonprofit purposes only shall be permitted at any beach and/or park area where no swimming, wading or bathing is permitted.
A. 
No person shall water-ski in park waters except at the locations and landings designated by the Township.
B. 
No person shall water-ski in a way that endangers swimmers, other skiers or occupants of any vessel.
A. 
No person, except an authorized Township employee, park guard or law enforcement officer, shall bring onto park property or have in his or her possession on park property any firearm or ammunition, any explosive, dynamite cap, fireworks, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow, any device by means of which a projectile can be propelled, any device which can be loaded with blank cartridges, any trapping device, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any acid or caustic substance or any flammable liquid except fuel contained in the fuel tank of a motor vehicle, vessel, lantern, camp stove or camp heater and not more than one gallon of liquid fuel in a closed metal container.
[Amended 7-11-1996 by Ord. No. 96-36]
B. 
No person shall discharge any of the weapons or instruments listed in Subsection A into any park from outside a park.
C. 
The Township may designate areas within a park where bows and arrows can be used or where firearms can be used. In such cases, the Township shall promulgate regulations for the safe use of such devices, and no person shall fail to abide by such regulations.
D. 
The Township may designate times and places where fireworks may be used within a park. The Township shall promulgate regulations to assure that, at the time and place in which fireworks may be used within a park, the fireworks are used in a safe manner.
[Amended 7-11-1996 by Ord. No. 96-36]
A. 
The Township shall designate those areas of a park where picnicking is permitted. No person shall picnic other than in a designated area.
B. 
Individual fireplaces and tables in picnic areas shall be available on a first-come-first-served basis, except that a group of 25 or more persons must obtain a permit in advance for the use of picnic facilities. Applications for a permit shall be made at least two weeks in advance to the Township Clerk.
C. 
Picnickers shall not leave a picnic area before all trash, including, but not limited to, boxes, papers, cans, bottles, garbage and other refuse is placed in the proper trash or recycling disposal receptacles, where provided. If no trash or recycling receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
[Amended 7-11-1996 by Ord. No. 96-36]
A. 
No person shall camp in a park except in areas that have been designated for camping by the Township, if any. Camping shall be limited to tent camping, trailer camping or camping with other equipment designed specifically for camping, and written approval from the Township Committee must be obtained.
B. 
No person shall camp in a park without first obtaining a camping permit from the Township or its designated agent.
A. 
No person shall start or maintain, in any park, any outdoor fire except in designated picnic or camping areas. Fires shall be limited to cooking fires or fires in camp lanterns or heaters.
B. 
Cooking fires shall be started and maintained only in a stove, fireplace or barbecue pit maintained by the Department or in a portable camp stove. Fuels which produce any noxious fumes or smoke shall not be used in such cooking fires.
[Amended 7-11-1996 by Ord. No. 96-36]
C. 
No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinguishing the fire.
A. 
No person in a park shall:
(1) 
Ride a horse, mule, donkey or pony except on designated paths or trails. Where riding is permitted, the animals used shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to go unattended, nor shall they be hitched to any rock, tree or shrub. The Township may designate which trails or paths in a park, if any, can be used for riding.
(2) 
Have been responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto and in such other areas as may be clearly marked by signs bearing the words "domestic animals permitted in this area." Dogs shall not be allowed to run loose, but shall at all times be restrained or kept on a leash not more than six feet in length.
(3) 
Allow any horse, mule, donkey, pony, dog or other domestic animal onto any recreational field.
(4) 
Abandon any animal in the park.
B. 
The prohibitions of this section shall not apply to:
(1) 
Horses or dogs employed by a law enforcement officer or park guard in the performance of his duties.
(2) 
Dogs used as guides for handicapped persons and commonly known as "Seeing Eye," "Hearing Ear" or "Service" dogs, provided that the dog is at all times kept under control.
[Amended 7-11-1996 by Ord. No. 96-36]
(3) 
Animals or fowl kept by the Department or under its direction.
No person in a park shall take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, kites or model airplanes, except in areas set apart for such forms of recreation. The playing of organized games, such as football, baseball and the like, is prohibited except on fields, courts or areas designated for such use.
No person shall bring into, consume or sell alcoholic beverages in a park, except that:
A. 
Alcoholic beverages may be sold by persons operating under a concession from the Township, subject to the regulation and control of the Director. Sale of alcoholic beverages shall be by the individual drink only, and drinks shall only be consumed on the premises of the concession. Sale of beer and wine in unopened containers shall not be permitted.
B. 
Alcoholic beverages can be consumed at picnics or functions of families or groups of 25 or more, provided that a permit for such consumption is obtained. The Township may require that one or more law enforcement officers or park guards be present at such picnics or functions. In such cases, the expense shall be paid by the group having the picnic or function. For purposes of this section, a group picnic must consist of 25 or more persons.
C. 
Owners of vessels docked or moored at or in a park marina, if any, shall be permitted to transport alcoholic beverages across park property for use on board their vessels.
[Amended 7-11-1996 by Ord. No. 96-36]
[1]
Editor’s Note: Former § 261-24, Drunkenness, was repealed 2-25-2010 by Ord. No. 2010-09.
No person shall conduct raffles or card games for money or drawings for prizes or participate in any other form of gambling within a park.
No person shall solicit contributions in a park for any purpose, except upon obtaining written permission from the Township Committee.
[Amended 7-11-1996 by Ord. No. 96-36]
No person over the age of eight years shall enter or use rest room, bath or dressing room facilities designated for use by the opposite sex. No person shall loiter in or around any rest room, bathhouse or dressing room for the purpose of soliciting another to engage in sexual behavior.
No person having the control of any device producing amplified sound shall operate or permit such device to be operated in any park so that the sound produced exceeds 105 decibels (dBa's) at a point 50 feet in front of the center point of the distance between the loudspeaker installations.
No person in a park shall refuse or fail to produce and exhibit any permit he claims to have upon the request of any law enforcement officer, park guard or other authorized park employee who wishes to inspect the permit for the purpose of determining that the provisions of this chapter have been complied with.
No person in a park shall:
A. 
Expose or offer for sale or hire any article, thing or service or station or place any stand, cart, or vehicle for the transportation, sale or display of any article, thing or service, unless a permit has been obtained from the Township.
B. 
Announce, advertise or call the public's attention in any way to any article, thing or service for sale or hire, unless done pursuant to regulations promulgated by the Township.
C. 
Paste, glue, tack or otherwise place any sign, placard, advertisement or inscription in a park; or erect or cause to be erected any sign on any public lands, highways or roads, adjacent to a park, unless done pursuant to regulations promulgated by the Township.
D. 
Offer for sale any article, food or drink during the hours of operation of any food stand or facility which is operated by a recreation league, booster club or sports organization which operates under a permit issued by the Director of Department of Recreation.
[Added 3-9-2000 by Ord. No. 00-08]
In addition to any other provision of this chapter that requires the obtaining of a permit prior to engaging in a given activity, no person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity:
A. 
Any picnic, outing or gathering sponsored by any person or family composed of 25 or more persons.
B. 
Any contest, exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event or any similar event.
C. 
Any public meeting, assembly or parade, including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches or political meetings.
D. 
Any use of any park facility by a certain person or group of persons to the exclusion of others.
A. 
A person seeking the issuance of a permit to carry on an activity in a park shall file an application with the Township. The application shall state:
(1) 
The name, address and telephone number of the person applying for the permit.
(2) 
If the use or activity is to be conducted for, on behalf of or by any person other than the applicant, the name, address and telephone number of that person.
(3) 
The exact nature of the use or activity for which the permit is being sought.
(4) 
The day and hours for which the permit is desired.
(5) 
The park and the portion of the park desired to be used to carry out the proposed use or activity.
(6) 
An estimate of the anticipated attendance.
(7) 
Any other information that the Township finds to be reasonably necessary in order to determine whether to issue a permit.
B. 
Fees to cover expenses; deposit.
[Amended 7-11-1996 by Ord. No. 96-36; 2-28-2002 by Ord. No. 02-05; 3-27-2008 by Ord. No. 2008-08[1]]
(1) 
A fee to cover the expenses incident to processing the application shall be required as follows:
Park
Fee
(per day)
Gille Park
$100
Hebrew Park
$100
Clune Park
$100
Bamber Park
$75
(2) 
In addition, a refundable deposit of $100 shall be required.
[1]
Editor's Note: This ordinance also provided for the repeal of former Subsection B, concerning when applications should be filed, and for the redesignation of former Subsection C as Subsection B.
A. 
The Township Clerk shall issue a permit unless he or she finds that:
[Amended 7-11-1996 by Ord. No. 96-36]
(1) 
The proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the park;
(2) 
The proposed activity or use of the park will unreasonably interfere with or detract from the public health, safety or welfare;
(3) 
The conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public;
(4) 
The proposed activity or use will entail an extraordinary expense or operation by the Township; or
(5) 
The facilities desired have been reserved for another activity or use on the day and at the hour requested in the application.
B. 
The Township may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited, to any of the following:
(1) 
Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others or of damage to park property.
(2) 
A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property or the cost of cleanup, or both.
[Amended 7-11-1996 by Ord. No. 96-36]
(3) 
A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the Department at the proposed use or activity.
(4) 
A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
C. 
Permits shall not be transferable without the written consent of the Township.
D. 
Within five days after receipt of an application, the Township Clerk shall apprise an applicant, in writing, of her reasons for refusing a permit or of any conditions attached to the issuance of a permit, and any aggrieved person shall have the right to appeal, in writing, within two days to the Township Committee, which shall consider the application under the standards set forth in Subsection A and sustain or overrule the Township Clerk's decision within seven days.
E. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in his or her permit.
[Amended 7-11-1996 by Ord. No. 96-36]
F. 
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued.
G. 
The Township Clerk shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon the violation of any condition or restriction under which the permit was issued.
[Amended 7-11-1996 by Ord. No. 96-36]
As a general rule, parks shall be open to the public in accordance with the provisions of this chapter every day of the year between the hours posted for each park, as set by the Township Committee. However, the Township may, in its reasonable discretion, extend or contract these hours for any park or a portion of any park. No person shall enter, be or remain in any park after park closing hours unless a permit has been obtained. Park closing shall be posted at park entrances.
Any section or part of any park may be declared closed to the public by the Township at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Township shall find reasonably necessary.
[Amended 3-9-2000 by Ord. No. 00-08]
The Director shall have the power to:
A. 
Schedule the use of fields and courts located within Township parks and recreation areas. In addition, the Director can require that any sports organization using Township facilities have a minimum ninety-five-percent resident participation, meaning that 95% of the players in the league are Lacey Township residents.
[Amended 7-11-2002 by Ord. No. 02-21]
B. 
Issue permits to operate a food stand or food facility to a recreation league, booster club or sports organization for use and operation by that recreation league, booster club or sports organization during the hours that said recreation league, booster club or sports organization is utilizing or sponsoring sports activities on the adjacent fields or courts.
C. 
Make such reasonable rules and regulations as are necessary to manage, use, preserve and govern park property and activities, subject to the approval of the Township Committee. In order to enact said reasonable rules and regulations, the Director shall forward his proposed rules and regulations to the Township Committee and the Township Committee shall approve said rules and regulations by resolution.
[Added 5-24-2012 by Ord. No. 2012-14]
The Recreation Department shall issue recreation identification cards for use at Township facilities, where required.
A. 
Fees.
(1) 
Cards issued by the Recreation Department shall be $5 each.
(2) 
A renewal fee of $4 per card shall be charged by the Recreation Department for the renewal of previously issued cards.
(3) 
Lost or stolen cards can be replaced for $5 each.
B. 
Proof required. Identification cards shall be issued only upon proof that the applicant is a resident of Lacey Township. Examples of proof are: current New Jersey tax bills, current school identification cards and current utility statements.
C. 
Renewals. Identification cards shall remain valid until December 31 of the issued or renewed year. Cards shall be renewed annually through the purchase of a sticker indicating the year of renewal, to be placed on the card, or any other mechanism employed by the Recreation Department.
[Amended 5-22-2008 by Ord. No. 2008-18]
A. 
Any person found violating any provision of this chapter or rules and regulations may be arrested or ejected from the park.
B. 
In addition, the Director of Recreation shall have the power to suspend park privileges for any individual found to have violated the provisions of this section or the rules and regulations of the park as posted in the park. The suspension of park privileges shall be for the following:
(1) 
First offense: 30 days.
(2) 
Second offense: 60 days.
(3) 
Third offense: 90 days.
(4) 
Fourth offense: 180 days.
[Added 5-27-2010 by Ord. No. 2010-16[1]; amended 7-24-1997 by Ord. No. 97-30; 4-14-2016 by Ord. No. 2016-08; 4-26-2018 by Ord. No. 2018-11; 2-27-2020 by Ord. No. 2020-07]
The Director of the Township Recreation Department may conduct a Children's Summer Recreation Program at Township parks. Said program is to be conducted in accordance with rules and regulations established by the Recreation Director. The program may be attended by children from the age of five to 13, Monday through Friday, 9:00 a.m. to 3:00 p.m. The fee for attendance is $175 per child, and is payable at registration. (The fee covers camp registration for the season, four T-shirts and the season end party.)
[1]
Editor’s Note: This ordinance also provided for the redesignation of former § 261-38 as § 261-39.
[Added 9-25-2014 by Ord. No. 2014-18]
The Township Committee of the Township of Lacey does hereby adopt and enact an Athletic Field Use Policy, which manual shall be kept on file in the Township Clerk's office for inspection and review by the general public, during normal business hours. This policy shall pertain to the use of the Township's various athletic fields for athletic events. Said policy shall be implemented by the Recreation Director or Business Administrator and may be amended from time to time by resolution as necessary.
[Amended 7-11-1996 by Ord. No. 96-36]
Any person charged with violating any provision of this chapter shall, upon conviction thereof, be fined a sum not exceeding $1,000, be imprisoned for a period not to exceed 90 days and/or serve a period of community service not to exceed 90 days.