[Adopted 3-25-1980 by Ord. No. 979 (Ch.
XXVI of the 1971 Code)]
As used in this chapter, the following terms
shall have the meanings indicated:
CITY
The City of Long Branch.
DIRECTOR
A person immediately in charge of any park area and its activities
and to whom all park attendants of such areas are responsible.
PARK
A park, recreation, playground, recreation center or any
other area in the City owned or used by the City and devoted to active
or passive recreation.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC SPACE
Includes locations such as the Gazebo Pier Village, band
shells at West End Park and Broadway Park, Senior Center, Great Lawn,
boardwalk, promenade, City parking lots and beaches.
[Added 5-27-2014 by Ord. No. 12-14; amended 7-25-2017 by Ord. No. 15-17]
VEHICLE
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. Exception is made for baby carriages and
vehicles in the service of any City parks.
WILDLIFE
All animals that are neither human nor domesticated.
[Added 7-10-2007 by Ord. No. 28-07]
No person in any public park shall:
A. Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any building, bridges, tables, benches,
railings, paving or paving materials, waterlines 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.
B. Dig or remove any sand, earth, rock, stone, tree,
shrub, plant, flowers, grass, timber or log, whether standing or cut,
or any other material or make any excavation by tool equipment, blasting
or other means or agency or attach or cause to be attached any rope,
wire or other device to any tree, plant or building.
C. Construct or erect any building or structure of whatever
kind, whether permanent or temporary in character, or run or string
any public service utility into, upon or across such lands, except
on special written permit issued hereunder.
D. Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream, bay or other
body of water in or adjacent to any park or any tributary, stream,
storm sewer or drain flowing into such waters any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of said waters.
E. Have brought in or shall dump, deposit or leave any
bottles, broken glass, ashes, papers, 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 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.
F. Fail to observe and obey all traffic laws, including
parking signs indicating speed, directions, caution, stopping, parking
or no parking and all other signs posted for proper control and to
safeguard life and property.
G. Park and leave a motor vehicle overnight in any area
of the park.
H. Park a motor vehicle on park property unless the operator
or owner thereof shall use or by making use of the recreation facilities
of such park during the time that the motor vehicle is parked in said
park.
I. Ride a minibike or motorized bike in or on any park
or recreational facility.
J. Bring or have in his possession, or set off or otherwise
cause to explode or discharge or burn, any firecracker, torpedo, rocket
or other fireworks or explosives of inflammable material or discharge
them or throw them into any such area from land or highway 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.
K. Bring in or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters in the park except at
such time, in such places and under such conditions as may be approved
by the Mayor and the Council.
L. Enter upon ice except such ice designated.
M. Swim, bathe or wade in any waters or waterways 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
purpose of swimming or bathing or congregate thereat when such activities
are prohibited by the Mayor and City Council upon a finding that such
use of the water would be dangerous or otherwise inadvisable.
N. Frequent any waters or places designated for the purposes
of swimming or bathing, or congregate thereat, except between such
hours of the day as shall be designated by the Mayor and City Council
for such purposes for each individual site.
O. Allow himself to be so covered with a bathing suit
so as to indecently expose his person.
P. Dress or undress on any beach or in any vehicle, toilet
or other place except in such bathing houses or structures as may
be provided for that purpose.
Q. Fish in any waters except in waters designated by
the Mayor and City Council for that use and under such regulations
and restrictions as have or may be prescribed by the Mayor and City
Council.
R. Fish in any area where bathing is permitted.
S. 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.
T. No persons shall feed, cause to be fed or provide
food for wildlife within the City of Long Branch on publicly owned
lands.
[Added 8-10-1999 by Ord. No. 34-99;
amended 7-10-2007 by Ord. No. 28-07]
(1) Exception. This subsection shall not be construed
as to prohibit humane acts towards wildlife in individual cases, such
as temporary nurturing of a wounded bird on publicly owned lands.
U. No person shall be permitted to operate or use rollerblades,
in-line skates, skates, skateboards or other similar devises in or
about the following parks or any of the public walks adjacent thereto:
[Added 8-12-2003 by Ord. No. 28-03]
(1) Martin Luther King Memorial Park, Atlantic Way.
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:
A. Bring alcoholic beverages or drink the same at any
time, nor shall any person be under the influence of intoxicating
liquor in a park.
B. All dogs and domestic animals are prohibited from
all beaches, boardwalks and park property, except for Jackson Woods
Park. Nothing herein shall be construed as permitting the running
of dogs at-large.
[Amended 5-11-2022 by Ord. No. 10-22]
C. Appear at any place in other than proper clothing.
D. 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.
E. Fail to produce and exhibit any permit from the Mayor
and City Council 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.
F. Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
G. Go onto park property and/or use park facilities or
equipment from dusk to 8:30 a.m.
[Amended 10-14-1986 by Ord. No. 1296]
H. No golfing or striking of golf balls is permitted.
[Added 6-27-2000 by Ord. No. 16-00]
I. No person shall smoke any cigarettes, cigars or other tobacco products,
including electronic or vapor cigarettes and chewing tobacco, on the
beach, boardwalk, promenade or any park covered by this article at
any time.
[Added 7-25-2017 by Ord.
No. 15-17]
[Amended 4-25-2006 by Ord. No. 12-06]
A. Whenever a person, organization, or other entity desires
to use a park or a certain area of the park, public street or place,
or quasi-public private property when the use may impact public safety
or City services for a period of one day or any part thereof, or when
a private event on private property is such that it may impact on
public safety or City services, that person shall make application
to and obtain from the City Clerk a permit for the special event,
which includes, but is not limited to, a performance, show or entertainment,
labor strikes, road closings, large gatherings requiring other City
permits, protests or demonstrations.
B. All events and activities must comply with applicable
state statutes and City ordinances. It is the responsibility of the
applicant to obtain all necessary and required permits and approvals.
C. Applications for a special event permit shall be submitted
to the City Clerk no less than 60 days before or within a reasonable
amount of time to be reviewed by the Special Events Committee and
approved by the Mayor. There shall be a late fee of $10 per day for
applications submitted less than 60 days before the event date.
[Amended 5-27-2014 by Ord. No. 12-14]
D. Special event permits shall be deemed to be either:
(1) City-sponsored: City services paid by the City.
(2) City-sanctioned: City services paid by the applicant
as per law and regulation and via equity account established with
the City of Long Branch Finance Department.
E. The application shall state the following:
(1) The name and address of the applicant and name and
telephone number of contact person, as well as the name and number
of an on-scene manager of the event.
(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 portion of the park area or place for which such
a permit is desired.
(5) A description of and purpose for the special event.
(6) An estimate of the anticipated attendance.
(7) The anticipated charges or fees to members or persons
attending.
(8) Any other information which the Special Events Committee
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
(9) A description of City equipment or services requested.
F. Standards for issuance of a use permit by the Special
Events Committee shall include the following findings:
(1) That the proposed activity or use of the park or requested
area will not unreasonably interfere with or detract from the general
public enjoyment of the park or said area.
(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 and use will not unreasonably
restrict, obstruct, interfere with or impede pedestrian right-of-way,
a vehicle's right-of-way, or ingress or egress from the requested
or abutting property.
(4) That the proposed activity will not entail extraordinary
or burdensome expense upon the City when the event is deemed "sanctioned."
(5) That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
(6) That the proposed activity or uses that are reasonably
anticipated will not include violence, crime, or disorderly conduct,
nor create a nuisance.
(7) That the appropriate certificate of insurance, if
required, is issued to the applicant naming the City as an additional
insured for said place, date, and time.
(8) Applicant shall meet any and all requirements and
conditions (fees, salary costs, public safety coverage, traffic control
plans, etc.) listed on an approval permit.
G. Any application
for a special event permit shall be accompanied by a charge of $50.
Any application for a special event permit for the Great Lawn area
shall be accompanied by a charge of $100.
[Added 12-31-2010 by Ord. No. 24-10; amended 5-27-2014 by Ord. No.
12-14]
[Amended 4-25-2006 by Ord. No. 12-06]
A. The appropriate authorities shall, in connection with
their duties imposed by law, diligently enforce the provisions of
this chapter.
B. The appropriate authorities shall have the authority
to eject from the park or said area any person or persons acting in
violation of this chapter.
[Amended 5-14-1986 by Ord. No. 1273; 10-27-1998 by Ord. No.
36-98; 4-25-2006 by Ord. No. 12-06]
A. Any person who shall violate any provision of this
chapter shall be summarily evicted from the park, beach or other recreational
area or said place, and may, at the discretion of the appropriate
authorities empowered by the Business Administrator to enforce this
chapter, be denied further admittance to the park, beach or any other
recreational area.
B. At the discretion of the appropriate authorities empowered
by the Business Administrator to enforce this chapter, violations
of any provision of this chapter may be cause for revocation of the
special events permit and termination of the event.
C. Any person violating any provision of this chapter may be cited by the appropriate authority and, upon conviction thereof, shall be punishable as provided in Chapter
1, General Provisions, Article
I.
[Adopted 6-8-2010 by Ord. No. 4-10]
Those wishing to utilize these City parks and pavilions must have the appropriate certificate of insurance in place, a copy of which must be provided to the City, naming the City as an additional insured, with minimum insurance coverage of $1,000,000, and as otherwise required by Chapter
247 of the Code of the City of Long Branch.