Township of Little Egg Harbor, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 130.
Curfew — See Ch. 162.
Use of docks — See Ch. 165.
Littering — See Ch. 222.
Noise — See Ch. 242.
Peace and good order — See Ch. 265.
Vehicles and traffic — See Ch. 323.
Vehicular sound reproduction — See Ch. 326.
Wildlife feeding — See Ch. 338.
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:
ALL-TERRAIN VEHICLE
A motor vehicle designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
AMPLIFIED SOUND
Music or speech projected or transmitted by artificial means, including but not limited to amplifiers, loudspeakers, or any similar device.
DEPARTMENT
The 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, or recreation or playground area, or building or facility thereon, within the Township of Little Egg Harbor, owned and maintained by the Township as a public park, beach, or recreation or playground area, whether or not such areas have been formally dedicated to such purpose.
PARK GUARD
Any employee of the Township who is 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 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
Any powered watercraft that is designed to be operated by a person or persons sitting, standing, or kneeling.
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.
SNOWMOBILE
Any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled-type runners, skis, an endless belt tread, cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
TOWNSHIP
The Township of Little Egg Harbor.
VEHICLE
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.
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.
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.
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.
C. 
Nothing contained in this section shall prohibit a person who is physically challenged from operating a motorized wheelchair in the roads and driveways in a park or recreation area.
D. 
No person shall operate a snowmobile or all-terrain vehicle within any park or recreation area, including any roads, driveways, or trails, whether the road, driveway, or trail is improved or unimproved.
E. 
No person shall operate a snowmobile or all-terrain vehicle on any recreation fields.
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.
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 bring 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.
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 Parkertown Road, the following regulations shall apply in addition to the regulations set forth above:
(1) 
The beach shall be open for use only between the hours of 8:00 a.m. to 9:00 p.m. each day during the season.
(2) 
The Superintendent, with the approval of the Township Administrator, shall determine the season or period of each year when the beach shall be opened and closed.
(3) 
No person shall swim, bathe, or wade in the designated swimming area except when a municipal lifeguard is present and on duty.
(4) 
No person shall engage in the following activities upon or in the immediate vicinity of the beach:
(a) 
Dress or undress or sleep in a motor vehicle.
(b) 
Discard any paper, bottle, container, food, drink, garbage or other refuse upon the beach or in the water adjacent thereto.
(c) 
Litter, damage, destroy, or disfigure any part of said beach, or any public or private property thereon.
(d) 
Fish at or from the designated swimming area.
(e) 
Use loud, profane or indecent 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.
(f) 
Possess, consume, or bring on the beach or in the water adjacent thereto any alcoholic beverage. Food may be consumed in the designated picnic area.
(g) 
Take or permit an animal to be upon any beach or in the water adjacent thereto.
(h) 
Go into or remain in the water of the beach when directed by a police officer or some other authorized person to leave the same, or when in an intoxicated condition.
(i) 
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 him- or herself or any other person.
(j) 
Go beyond the water limits designated or authorized for swimming, bathing and wading purposes.
(k) 
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 swimming, bathing and wading.
(l) 
Use or permit the use of water skis, boats, or powered watercraft in any designated swimming area except for lifesaving or emergency purposes.
(m) 
Eat, drink, or picnic in any area except those designated for such purposes.
(n) 
Peddle, vend, purvey, sell, distribute or otherwise dispose of any food, drink, goods, wares and/or merchandise on the beach or in the beach area, except in accordance with a permit issued by the Township Committee.
(o) 
Bathe with or otherwise use any soap, detergent or shampoo.
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.
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. 
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 areas 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.
F. 
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.
G. 
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.
H. 
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.
No person shall engage in fishing in any area of any beach and/or park located in the Township of Little Egg Harbor that is specifically set aside and marked for swimming, wading or bathing.
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, 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.
B. 
No person shall discharge any of the weapons or instruments listed in Subsection A into any park from outside the 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.
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.
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 Township, or in a portable camp stove. Fuels which produce any noxious fumes or smoke shall not be used in such cooking fires.
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) 
Be 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.
(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 Township. 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.
Any person found violating any provision of this chapter shall either be arrested or ejected from the park.
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.
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.
[1]
Editor's Note: See also Ch. 242, Noise.
No person in a park shall refuse or fail to produce and exhibit any permit he or she 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, 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.
[Amended 4-28-2011 by Ord. No. 2011-07]
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. Permits shall be obtained in accordance with the procedures and standards delineated within Chapter 294, Special Event Permits.
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.
[1]
Editor’s Note: Former §§ 261-30, Application procedure; fee, and 261-31, Standards for issuance of permit, were repealed 4-28-2011 by Ord. No. 2011-07.
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.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days and/or by a term of community service not to exceed 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.