Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 94.
Firearms — See Ch. 149.
[Adopted 12-17-1979 by Ord. No. 1979-15 (Ch. XX of the 1973 Code)]

§ 213-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PARK CUSTODIAN
A person, immediately in charge of any park area and its activities, to whom all park attendants of such area are responsible.
PARKS
Any park, lawn, playground, playing field or vacant land within the limits of the Township which is open to the public, irrespective of whether or not owned by the Township, including its paths, roadways, sidewalk, streets and parking area therein and adjacent thereto.

§ 213-2 Purpose.

This article is enacted to establish rules and regulations for the protection, care and control of the public land, parks and playgrounds in the Township and to regulate the conduct of persons on or within such public land, parks and playgrounds and using the facilities thereof.

§ 213-3 Administration and enforcement; agreement with Board of Education.

A. 
Limitation of park hours and activities.
(1) 
The opening and closing hours for parks within the Township of Lumberton shall be as follows: from 6:00 a.m. to 9:00 p.m. Nothing herein contained shall preclude the Township Committee, from time to time, and based upon special events and/or special needs, from modifying the hours on an as-needed, per event basis by resolution duly adopted by the Township Committee.
[Amended 6-21-2004 by Ord. No. 2004-21]
(2) 
Any person having knowledge of a determination made, pursuant to this section or who, upon being advised thereof, fails to abide thereby or violates the same shall be guilty of a violation of this article. Where notice of the determination is posted in a park area, knowledge thereof shall be presumed.
B. 
Enforcement.
(1) 
The Township Police Department and any designated park custodian shall, in connection with their duties imposed by law, enforce the provisions of this article.
(2) 
The Police Department and the park custodian shall have the authority to eject from the park area any person or persons acting in violation of this article.
(3) 
The police and park custodian shall have the authority to seize and confiscate any property, thing or device in the park, or use, in violation of this article.
(4) 
No person shall interfere with or fail to obey any police officer or park custodian in the proper performance of his duties in any park.
C. 
Agreement with Board of Education. The Township reserves the right, with respect to any and all of the public park and recreation areas and any facilities located therein, to enter into any agreement with the Board of Education of the Township concerning the control and use thereof. Anything contained in this article to the contrary notwithstanding, any use of premises or facilities by the Board of Education pursuant to any agreement with the Township Committee heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Township Committee.

§ 213-4 Regulated activities.

A. 
General prohibition. No persons shall willfully mark, deface, displace, disfigure, injure, tamper with or remove any trees, shrubs, soil, grass or plant life or any structure, building or playground equipment, walkway, telephone or telephone pole, wires, pipes or appurtenances or any other recreational equipment or facility or any hydrant, storm or sewer drain, pipe, main basin covering, man holes or any appendage or appurtenance thereof or any inscription, post or monument erected or marked for lawful purpose. No person shall injure or in any way interfere with the operation of any machinery or equipment used under the direction of the Township or any of its departments, agencies or officials or deface, destroy, alter, damage or tamper with any drive, path. walk, bridge, parking area or shelter or take up, remove or carry away any asphalt, concrete, stone, rock, wood, gravel, clay or earth or make any excavation of any kind.
B. 
Construction. No person shall 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.
C. 
Rest rooms. No person shall fail to cooperate in maintaining rest rooms and wash rooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and wash rooms designated for the opposite sex.
D. 
Animals.
(1) 
No person shall hunt, molest, kill, frighten, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird, nor shall he remove or molest the eggs or young of any animal, reptile or bird except that snakes known to be deadly reptiles may be killed on sight.
(2) 
Tying to trees or shrubs. No person shall tie or hitch an unattended animal to any tree or plant.
(3) 
No person shall ride a horse except on the designated bridle trails and other areas. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched unattended to any rock, tree or shrub.
E. 
Picnicking and camping.
(1) 
Picnics. No person or persons shall picnic or lunch in a place other than that designated for the purpose.
(2) 
Tents. No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like, except in those areas designated by the Township Committee when authorized by a permit for a special event.
(3) 
Fires. No person shall kindle, build or maintain a fire within any park except in such area as may be designated for that purpose, and only charcoal or self-contained stoves may be used. Fires shall not be left unattended; all fires shall be put out immediately after use.
(4) 
Lighted matches; flammable material. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or highway or public street abutting or contiguous thereto.
F. 
Litter.
(1) 
Trash and materials. No person shall bring in or 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 shall be properly disposed of elsewhere.
(2) 
Pollution of water or waterways. No person shall cast, lay, drop or discharge or leave in the water or waterways of any park any substance, matter or thing, liquid or solid.
G. 
Fireworks. No person shall have in his possession or set or otherwise cause to explode or discharge or burn fireworks, torpedo rockets or other fireworks, firecrackers or explosives of inflammable material or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition shall include any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints.
H. 
Firearms and weapons. No person shall bring into any park or use in any park any rifle, handgun, shotgun, airgun, slingshot or similar weapon or instrument.
I. 
Behavior.
(1) 
Consumption of alcoholic beverages. No alcoholic beverages shall be sold within any park or brought into the same for consumption and distribution therein, and the possession of any alcoholic beverages therein shall be prohibited unless a permit shall have previously been issued by the Township Committee. Such permits shall be subject to such rules as the Township Committee may deem necessary to preserve and protect the public welfare.
(2) 
Disorderly conduct. No person shall conduct himself in a disorderly or loud, boisterous, threatening or abusive manner or commit any indecent act or use profane, indecent, obscene language in any park. No person shall unreasonably interfere with or disturb any other persons occupying any area or participating in any activity under the authority of a permit in any park.
(3) 
Rough games. The playing of active games shall be restricted to specific areas provided.
J. 
Traffic and parking.
(1) 
Certain motor vehicles prohibited. No person shall drive, operate, use or bring into any park area an automobile, motorbike, minibike, motorcycle, motorized bicycle (moped), snowmobile or any other moving vehicle except for vehicles duly licensed and otherwise authorized; no vehicle shall be operated at speeds in excess of 10 miles per hour, and then only in areas designated for the parking or operation of such vehicles.
[Amended 11-1-1982 by Ord. No. 1982-8]
(2) 
Parking. No person shall leave a vehicle unattended or parked in any park, except during park hours, but this provision shall not be intended to apply to adjacent public streets. No person shall park a vehicle other than in an established designated area within the park, and such parking shall be in accordance with the posted directions and the directions of any attendant who might be present. Overnight parking shall be specifically prohibited, except where authorized in conjunction with a special event approved, pursuant to § 213-6. No person shall drive any vehicles in any area except the paved roads or parking areas or such area as may on occasion be specifically designated as temporary areas by the Township Committee.
K. 
Advertising. No person shall post, exhibit or otherwise display any sign, posters or other advertising material in any park, except where authorized in connection with the issuance of a permit for a special event, pursuant to § 213-6. This provision shall not apply to billboards, posters or programs erected, maintained or sponsored by the Township or any of its departments or agencies.
L. 
Offerings for sale. No person shall expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing within the park. An exception shall be made for any concessionaire acting by and under the authority and regulation of a permit previously issued by the Township Committee.
M. 
Games of chance. No persons shall gamble or participate in or abet any game of chance, except under permit previously issued by the Township Committee.

§ 213-5 Special events; permits; liability.

A. 
Permit required.
(1) 
A special event shall be any event which is conducted, sponsored or permitted by an organized group of persons and which involves any advanced publicity or advertising by or with such group, except activities scheduled by the Township Recreation Department.
(2) 
No special event shall be held or permitted in any park in the Township unless a permit therefore shall have been previously issued by the Township Committee. There shall be several classes of permits, which shall be set by the Committee from time to time by resolution, which may be issued by the Township Committee upon proper application. Such permits shall be subject to such rules and regulations as the Township Committee shall deem necessary to preserve and protect the public welfare.
B. 
Application requirements. A person seeking issuance of a permit shall file an application at least 20 days before the scheduled date of the event with the Township Clerk/Administrator, providing information which the Township Committee shall find reasonably necessary to find a fair determination as to whether a permit should be issued hereunder.
C. 
Standards for issuance. Standards for the issuance of a permit by the Township Committee shall include but not be limited to the following findings:
(1) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
(2) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(4) 
That the proposed activity will not entail extraordinary or burdensome expense of police operation by the Township.
(5) 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
D. 
Liability of permittee; insurance requirements.
(1) 
The person or persons to whom a permit is issued under this section shall be liable for any damage or injury sustained to any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
(2) 
The Township Committee 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 Committee prior to the commencement of any activity, with the issuance of any permit.
E. 
Fee. Upon the issuance of a permit, the permittee may be required to pay a fee to the Township. Such fee shall be set by the Committee, by resolution, for the use of any park or parks within the Township. Such fee shall be designed to defray the cost of maintenance and operation of any park within the Township.
F. 
Permittee to be bound by rules and regulations. A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in the permits.
G. 
Revocation of permit. The Township Committee shall have the authority to revoke a permit upon the finding of a violation of any rule or ordinance or upon good cause being shown.

§ 213-6 Exceptions.

Nothing contained in any of the foregoing provisions of this article shall be understood or construed to apply to Township officers or employees acting within the scope of their duties or any person or persons acting with the specific directions or with specific permission of the Township Committee. Nothing in this exception shall be construed to authorize any act which is prohibited by other applicable ordinances or is otherwise unlawful.

§ 213-7 Violations and penalties.

[Amended 8-3-1992 by Ord. No. 1992-6]
A. 
Maximum penalty. For violation of any provisions of this article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
[Adopted 8-7-1995 by Ord. No. 1995-11]

§ 213-8 Establishment of fees; refunds.

[Amended 10-2-1995 by Ord. No. 1995-23; 2-2-1998 by Ord. No. 1998-3; 3-2-1998 by Ord. No. 1998-10; 1-19-1999 by Ord. No. 1999-2; 6-21-1999 by Ord. No. 1999-9; 2-7-2000 by Ord. No. 2000-6; 4-17-2000 by Ord. No. 2000-11]
A. 
There is hereby established the following registration fee for each person, including children, who desires to participate in the various programs offered by the Township through its Recreation Department. The fee schedule may be amended from time to time by resolution of the Township Committee.
[Amended 4-9-2002 by Ord. No. 2002-2; 7-21-2003 by Ord. No. 2003-7; 2-17-2004 by Ord. No. 2004-10; 9-12-2005 by Ord. No. 2005-24]
Activity
Fee Schedule
Minimum
Maximum
Aerobic
$45
$75
Art programs -drawing, painting
$30
$125
Baseball programs
$30
$150
Basketball programs
$30
$150
Bicycle programs
$30
$150
Bus trips
$30
$300
Card and games programs
$30
$125
Cheerleading programs
$30
$125
Chess programs
$10
$100
Craft programs
$30
$125
Computer programs
$30
$175
Dance/ballet program
$30
$125
Dog obedience
$30
$125
Fitness programs
$30
$125
Fishing programs
$10
$125
Flea market
$10
$125
Golf programs
$30
$150
Gymnastics programs
$30
$125
Hockey programs
$30
$125
Kickboxing
$30
$125
Karate programs
$30
$125
Preschool program
$30
$300
Self defense programs
$30
$125
Soccer programs
$30
$150
Special event program
$2
$ 300
Sport challenge
$2
$125
Tennis programs
$30
$125
Yoga programs
$30
$125
Camps, per week
Baseball
$25
$300
Basketball
$25
$300
Craft
$25
$300
Dance
$25
$300
Drama
$25
$300
Hockey
$25
$300
Golf
$25
$300
Lacrosse
$25
$300
Math
$25
$300
Reading
$25
$300
Science
$25
$300
Soccer
$25
$300
Softball
$25
$300
Summer recreation
$50
$450
B. 
Refund policy for prior withdrawal. Registrants who withdraw prior to the start of a program may be issued a refund only if the Recreation Department is notified in writing at least to weeks prior to the starting date of the program and there is another prospective participant on the waiting list to replace said registrant. No refunds will be granted once a program has begun. A ten-dollar administrative service charge will be imposed for all refunds granted, which sum will be deducted from the refund.
[Amended 3-17-2003 by Ord. No. 2003-4; 5-2-2005 by Ord. No. 2005-13]
C. 
Cancellation policy. The Lumberton Township Recreation Department reserves the right to cancel any program if there is insufficient enrollment. Dates and times of scheduled programs are subject to change due to circumstances beyond the control of the Recreation Department. Every effort will be made to keep residents informed of all program changes. Information will be posted on the Township’s website, RVTV, marquee sign, newsletter and such other available means of communication. Flyers may also be distributed in local schools, and notices may appear in the local newspapers.
[Added 5-2-2005 by Ord. No. 2005-13[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection C as Subsection E.
D. 
Training requirements. Prior to participating as a coach in any sports program, prospective coaches shall participate in, and successfully complete, the Rutgers Safety Training Course. The Township will assume the costs and fees associated with said course. The refund previously granted to coaches based upon the fee for enrollment of a child in the program they are coaching shall no longer apply; the Township’s absorption of the fee associated with the Rutgers Safety Training Course shall take the place of said previous refund policy.
[Added 5-2-2005 by Ord. No. 2005-13]
E. 
Nonresident adults are charged an additional $10 for program registration.
[Added 4-9-2002 by Ord. No. 2002-2]

§ 213-9 Deposit of funds.

In accordance with state statute and regulations, all moneys collected by the Recreation Committee shall be paid over to the Township immediately and deposited in an approved depository within 48 hours of collection. Said moneys shall be deposited into the Township's General Fund.