[HISTORY: Adopted by the Township Council
of the Township of Brick as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-2-1974 by Ord. No. 204-74 (Ch.
217 of the 1989 Code)]
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, 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.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person above the age of six years
shall use the rest rooms and washrooms designated 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 seeds of any trees
or plants, 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 animal, wildlife, reptile
or bird; nor shall be remove or have in his possession the young of
any wild animal or the eggs, 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.
(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 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 said waters.
(10)
Have brought in or dump in, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage,
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.
(12)
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.
(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 it.
(17)
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
purposes of swimming or bathing or congregate thereat when such activities
are prohibited by the Department of Parks and Recreation upon a finding
that such use of the water would be dangerous or otherwise inadvisable.
[Amended 2-12-2008 by Ord. No. 6-08]
(18)
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 Department of Parks and Recreation
for such purposes for each individual site.
[Amended 2-12-2008 by Ord. No. 6-08]
(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 or structures as may
be provided for that purpose.
(22)
Bring into or operate any boat, raft or other watercraft,
whether motorpowered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
(23)
Navigate, direct or handle any boat in such a manner
as to unjustifiably or unnecessarily annoy, 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
or remain on or in any boat during said closed hours of the park.
(25)
Fish in any area where bathing is permitted.
(26)
Carry or possess firearms of any description or air
rifles, spring guns, bows and arrows, slings or any other form of
weapon 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.
(27)
Picnic or lunch in a place other than those designated
for the purpose.
(28)
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.
(29)
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.
(30)
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.
(31)
Grill or cook food without a permit issued for such purpose.
Grills must be factory built, and under no circumstances shall any
tabletop grills or tabletop cooking element of any sort be used.
[Added 3-8-2016 by Ord.
No. 4-16]
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 or drink the same at any
time, nor shall any person be under the influence of intoxicating
liquors in the park; provided, however, that any organization, association
or group utilizing the premises known as "Windward Beach" or "Trader's
Cove Marina and Park" pursuant to a group reservation shall be permitted
to dispense beer to members of said group who may consume the same
at said event, if a permit is obtained for such purpose pursuant to
the provisions of § 217-3 of this article.
[Amended 3-14-1978 by Ord. No. 204-A-78; 3-8-2016 by Ord. No. 4-16]
(2)
Have in his possession, set or otherwise cause to
explode, discharge or burn any firecrackers, torpedo rockets or other
fireworks, firecrackers or explosives of flammable 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 any discretion
of the Department of Parks and Recreation, permits may be given for
conducting properly supervised fireworks in designated park areas.
[Amended 2-12-2008 by Ord. No. 6-08]
(3)
Appear at any place in other than proper clothing.
(4)
Solicit alms or contributions for any purpose, whether
public or private.
(5)
Build or attempt to build a fire, except in such areas and under
such regulations as may be designated. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or other flammable material within any park or on any
highways, roads or streets abutting or contiguous thereto. Any organization,
association or group utilizing the premises known as "Windward Beach"
or "Trader's Cove" pursuant to a group reservation shall be permitted
to grill or cook food if a permit is obtained for such purposes. Grills
must be factory built, and under no circumstances shall any tabletop
grills or tabletop cooking element of any sort be used.
[Amended 3-8-2016 by Ord.
No. 4-16]
(6)
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.
(7)
Gamble or participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the Department of Parks and Recreation.
[Amended 2-12-2008 by Ord. No. 6-08]
(8)
Go onto the ice on any of the waters, except such
areas as are designated as skating fields and provided that a safety
signal is displayed.
(9)
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.
(10)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(11)
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.
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year from dawn to dusk.
No person shall enter upon or occupy any park except during such hours
without the written permission of the Department of Parks and Recreation.
[Amended 10-14-1980 by Ord. No. 204-B-80; 11-28-2006 by Ord. No. 37-06; 2-12-2008 by Ord. No. 6-08]
B.
Any section or part of any park may be declared closed
to the public 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 for certain uses.
[Amended 5-25-1982 by Ord. No. 204-C-82; 4-14-1987 by Ord. No. 204-D-87; 4-28-1987 by Ord. No. 204-E-87; 6-23-1987 by Ord. No. 204-F-87; 4-10-1990 by Ord. No. 204-G-90; 9-14-1999 by Ord. No. 204-I-99; 2-12-2008 by Ord. No. 6-08; 11-25-2014 by Ord. No.
34-14]
Permits for seasonal and special events in parks,
to be known as "facility use permits," shall be obtained by application
to the Department of Parks and Recreation in accordance with the following
procedure:
A.
Application.
(1)
A person seeking issuance of a permit hereunder shall
file an application with the Division of Recreation stating:
(a)
The name and address of the applicant
(b)
The name and address of the person, persons,
corporation or association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit
is desired.
(e)
Any other information which the Department of
Parks and Recreation shall find reasonably necessary to a fair determination
as to whether a permit should be issued hereunder.
(2)
Such application shall be accompanied by a nonrefundable
fee payable to the Township of Brick in the amount of $150. The Township
Business Administrator is hereby given authority to waive this fee
for any not-for-profit corporation.
B.
Standards for issuance of a use permit by the Department
of Parks and Recreation include the following findings:
(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 Township.
(5)
The facilities desired have not been reserved for
other use at the date and hour requested in the application.
(6)
Permits shall be issued for any day during the year,
except that no permits shall be issued for events scheduled for July
4 or Labor Day.
(7)
No permits shall be issued for use of any park by
groups of individuals of fewer than 25 or more than 200 in number.
(8)
Beer shall be permitted only in conjunction with events
where food is consumed and only in designated picnic areas. No beer
bottles or beer trucks shall be allowed in any park.
(9)
All facilities shall be cleaned and restored to their
original conditions by any permittee.
(10)
No animals or pets shall be allowed in any park and/or
beach area.
(11)
No profitmaking group or organization which has been
issued a permit under this article shall charge any admission to any
event conducted under a permit issued under this article.
(12)
No food or beverages shall be sold in any park except
by an individual or entity which has entered into a contract with
the Township for the sale of such food or beverages in the particular
park in question.
(13)
There shall be no amplified music, drunkenness, profanity
or behavior that will offend other recreation facility users.
C.
Appeal. Within five days after the receipt of an application, the Department of Parks and Recreation shall appraise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Business Administrator by serving written notice thereof on the Business Administrator within five days of said refusal. A copy of said notice shall also be served on the Department of Parks and Recreation within the same time, and said Department shall immediately forward the application and the reasons for its refusal to the Business Administrator, who shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Department of Parks and Recreation's decision within 10 days from the receipt of the appeal by him. The decision of the Business Administrator shall be final.
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permit.
E.
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 Department of Parks and Recreation
shall have the right to require any permittee to submit evidence of
liability insurance naming the Township of Brick as an insured, 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 Department of Parks and Recreation prior to the commencement
of any activity or issuance of any permit. Evidence of such liability
insurance shall be submitted by the Department of Parks and Recreation
to the office of the Township Clerk for verification as to the adequacy
of the form of such evidence prior to the issuance of any permit under
this article.
F.
Revocation. The Department of Parks and Recreation
shall have the authority to revoke a permit upon finding of a violation
of any rule or ordinance or upon good cause shown.
G.
Notwithstanding any other provision of this article to the contrary, where a permittee has been issued a permit under this article for the use and occupancy of a tent to be erected and maintained by the Township in a park or recreational area, the provisions of §§ 318-1A(19), 318-2A and 318-3B(7) and (12) of this article shall not apply to the activities of such permittee in the use of such tent and/or the park or recreation area where such tent is located. In addition, such permittee shall be allowed to produce amplified music notwithstanding the provisions of Subsection B(13) of this section.
A.
The Department of Parks and Recreation and park attendants
shall, in connection with their duties imposed by law, diligently
enforce the provisions of this article.
[Amended 2-12-2008 by Ord. No. 6-08]
B.
The Department of Parks and Recreation and any park
attendant shall have the authority to eject from the park area any
person or persons acting in violation of this article.
[Amended 2-12-2008 by Ord. No. 6-08]
C.
The Department of Parks and Recreation and any park
attendant shall have the authority to seize and confiscate any property,
thing or device in the park used in violation of this article.
[Amended 2-12-2008 by Ord. No. 6-08]
D.
This article shall also be enforced by the Police
Department of the Township.
Any person violating any of the provisions of this article 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 the penalties as provided in Chapter 1, § 1-15, General penalty, in the discretion of the Judge.
[Adopted 9-23-2001 by Ord. No. 204-3-04]
In addition to the provisions of Article I of this chapter, the following regulations shall be applicable to the use of the Brick Township Sports Complex Skateboard Park.
The facility is for skateboards and in-line
skaters only. Bicycles, scooters and motorized vehicles are not permitted.
All users must wear safety equipment including
helmets, elbow and knee pads.
The hours of operation are as follows:
A.
Saturdays: 10:00 a.m. to 8:00 p.m. or dusk, whichever
is earlier.
B.
Sundays: 12:00 noon to 5:00 p.m.
C.
Weekdays (school year): 3:00 p.m. to dusk.
[Amended 11-9-2004 by Ord. No. 204-K-04]
D.
Weekends and weekdays when school is not in session:
dawn to dusk.
[Amended 11-9-2004 by Ord. No. 204-K-04]
The facility will be closed when equipment/surface
is wet or icy.
A.
Use of drugs, alcohol, profanity, littering, fighting,
abusive language and or vandalism is strictly prohibited and shall
result in expulsion of individuals and other penalties provided for
to the fullest extent of the law.
B.
No glass containers are permitted in the skate park
area.
C.
Skateboarding is prohibited outside of the enclosed
skate park area within the Sports Complex and Board of Education property.
[Amended 9-28-2004 by Ord. No. 204-J-04]
Any person violating any provision of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to replacement, repair or restoration of any damaged park property and shall be subject to the penalties as provided in Chapter 1, § 1-15, General penalty, in the discretion of the Judge except, however, in those cases involving parking violations, the fine shall not exceed $30 plus court costs.
