[HISTORY: Adopted 8-7-2014 by Ord. No. 932.[1]]
As used in this article:
The Borough of Oceanport in the County of Monmouth.
Those entities that have been officially recognized, by ordinance,
as being charged with the responsibility of planning, promoting, organizing
and operating specific recreation sports programs on behalf of the
Borough, for the benefit of the Borough, its residents and, in certain
instances, the residents of neighboring communities.
The Borough Council of the Borough of Oceanport.
Four or more persons.
Blackberry Bay Park;
Gatta Field;
Somers Park;
Trinity Park;
Charles Park
[Added 9-21-2023 by Ord. No. 1082[1]]
Evergreen Park
[Added 9-21-2023 by Ord. No. 1082]
Old Wharf Park;
[Amended 9-21-2023 by Ord. No. 1082]
Mike MacStudy Field;
[Amended 3-16-2023 by Ord. No. 1069]
Community Center Park; and
[Amended 9-21-2023 by Ord. No. 1082]
Any other park, reservation, playground, recreation center or
any other area in the Borough owned or used by the Borough, and devoted
to active or passive recreation.
Any person or persons to whom a facility use permit is issued.
Any person, firm, partnership, association, team corporation,
company or organization of any kind.
Any person, firm partnership, association, team, corporation
or organization of any kind whose membership is comprised of a majority
of Oceanport residents.
[Amended 9-21-2023 by Ord. No. 1082]
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 the Borough parks.
No person in a public park, facility or recreation area shall:
A.
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, stake posts or other boundary markers
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal;
B.
Fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition.
[Amended 9-21-2023 by Ord. No. 1082]
C.
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;
D.
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;
E.
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark or pick the flowers or seeds of any tree or plant, dig in
or otherwise disturb grass areas or in any other way injure the natural
beauty or usefulness of any area;
F.
Climb any tree or walk or stand upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes;
G.
Tie or hitch an animal to any tree or plant;
H.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird; nor shall
he or she remove or have in his or her possession the young of any
wild animal or the eggs or 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;
[Amended 9-21-2023 by Ord. No. 1082]
I.
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 such waters;
J.
Have brought in or shall 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 shall be 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.
K.
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 by the Borough.
[Amended 9-21-2023 by Ord. No. 1082]
L.
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.
M.
Park, store or place a motor vehicle when the parks and/or playgrounds
are not open for public use. (This section shall not apply to municipal
vehicles.)
N.
[1]Hit any type of golf ball.
[1]
Editor's Note: Former Subsection N, regarding parking, storing
or placing a motor vehicle along the roller hockey rink located at
Blackberry Bay, was repealed 9-21-2023 by Ord. No. 1082. This ordinance also provided for the redesignation of former Subsections O through Y as Subsections N through X, respectively.
O.
Use or possess a motorized toy, model miniature or remote control
aircraft.
P.
Park, store or place any motor vehicle or other personal property
when the owner of the subject vehicle/property (or owner's agent)
is not presently utilizing the subject park or playground area. This
section shall not apply to municipal vehicles, nor shall it apply
during periods of emergency, as proclaimed by the Mayor or any other
duly appointed authority.
Q.
Carry or possess firearms of any description or air rifles, spring
guns, bows and arrows, slings or any other forms of weapons 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.
R.
Walk a dog in or permit a dog into the playground area of any park.
S.
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 Borough
for those purposes.
[Amended 9-21-2023 by Ord. No. 1082]
T.
Take part in or abet the playing of any games involving thrown or
otherwise propelled objects such as stones, arrows, javelins, horseshoes,
quoits or model airplanes except in those areas set apart for such
forms of recreation.
[Amended 9-21-2023 by Ord. No. 1082]
U.
Rollerblade, skateboard, roller skate or ride a bicycle on any tennis,
basketball or pickleball court.
[Amended 9-21-2023 by Ord. No. 1082]
V.
Bring into or operate any boat, raft or other watercraft, whether
motor-powered 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.
W.
Sell, rent or lease (or advertise for same) any vehicle, vessel,
boat, personal watercraft, bicycle, motorcycle or any other personal
property, without first having obtained a permit from the Borough
of Oceanport.
X.
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, or be on or remain on or in any boat during
the closed hours of the park.
While in a public park, facility 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 be under
the influence of intoxicating liquor in a park unless Council approval
by resolution has been previously secured for the event;
B.
Have in his or her possession or set or otherwise cause to explode
or 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 the discretion
of the Council, permits may be given for conducting properly supervised
fireworks in designated park areas;
C.
Be responsible for the entry of a dog or other domestic animal into
areas clearly marked by signs bearing the words "Domestic Animals
Prohibited in this Area." Nothing herein shall be construed as permitting
the running of dogs at large. All dogs in those areas where such animals
are permitted shall be restrained at all times on adequate leashes
not greater than six feet in length and shall be curbed;
D.
[1]Build or attempt to build a fire except in such areas and
under such regulations as may be designated by the Council. 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;
E.
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;
F.
Gamble or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the Council;
G.
Go onto the ice on any of the waters except such areas as are designated
as skating fields, provided that a safety signal is displayed;
H.
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;
I.
Fail to produce and exhibit any permit from the Borough of Oceanport
he or she 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, rule or regulation;
J.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit;
K.
Expose or offer for sale any article or thing, nor shall he or she
station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Council;
L.
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 and other outdoor
facilities shall be open to the public every day of the year during
the designated hours. The opening and closing hours for each individual
park shall be posted therein for public information and shall be determined
from time to time by resolution of the Council.
B.
Any section or part of any park may be declared closed to the public
by the Borough of Oceanport 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 to certain uses, as the Borough of Oceanport
shall find reasonably necessary.
C.
Under normal circumstances, all municipal parks and outdoor recreational
facilities shall open at 8:00 a.m. and close at dusk, with the exception
of the lighted tennis courts at Blackberry Bay Park and lighted turf
fields at Maria Gatta Park, which shall close at 10:00 p.m.[1]
[1]
Editor's Note: Former Subsection D, regarding the use of indoor
facilities terminating by 11:00 p.m., which immediately followed this
subsection, was repealed 9-21-2023 by Ord. No. 1082.
A.
Under any circumstances or at any time permit any such dog to enter
into or onto any park property unless such dog is accompanied and
controlled by a person of the age of seven years or over and is securely
confined by an adequate leash not more than six feet in length;
B.
Under any circumstances or at any time permit any such dog to injure
or damage any vegetable garden, flower garden, lawn, plant, tree,
shrubbery, grounds or any other property in or on any park;
C.
Under any circumstances or at any time permit any such dog to bark,
cry, whine, howl or otherwise disturb the peace or quiet within or
surrounding any park property;
D.
Under any circumstances or at any time permit any such dog to harass
any person or animal on park property or cause any injury to any person
or other animal on park property;
E.
Under any circumstances or at any time fail to immediately remove
all feces deposited in or on any park property by any such dog by
any sanitary method approved by the local health authority or as otherwise
established by the Borough of Oceanport.
A.
Facility use permit availability. Oceanport's recreational facilities
are available for use by groups and individuals who make requests
based upon availability. Applications are not required for the unreserved
use of parks, fields, courts, playgrounds and other outdoor recreational
facilities, except as required below. An individual or group that
has reserved a particular park, field, court, playground or recreational
facility and is in possession of a facility use permit will receive
priority over an individual or group lacking such a permit.
B.
Facility use permits required. A facility use permit shall be required
for the use of any Oceanport-owned park, field, court, recreational
facility or playground for use under any of the following circumstances:
(1)
Except as otherwise determined by resolution of the Council, when there are "organized" groups [as defined in Subsection B(4) below] of more than four participants or 50 spectators in attendance.
(2)
Any equipment is needed to be installed temporarily on the field,
playground, court or facility, including, but not limited to goals,
nets and lining of the field of play. No permanent installations of
equipment may be made.
(3)
Any field, playground, court or facility will be used for any sport
or purpose other than for which it was specifically created.
(4)
The field, playground, court or facility will be used for organized
games or activities. Games and/or activities will be considered "organized"
if:
(a)
There is a referee, umpire or other official present; or
(b)
Teams are part of a league; or
(c)
Teams have uniforms; or
(d)
There is a charge for any team, player or participant for participating;
or
(e)
There are trophies, medals or other prizes offered to individuals
or teams; or
(f)
Spectators are invited.
(5)
The game or event is sponsored by a business or organization.
(6)
A person or group elects to reserve a park, field, court, playground
or other recreational facility for exclusive use for a specific period
of time.
(7)
The field, playground, court or facility will be used for sports
or other training, exercise, instruction or other activity conducted
by an individual paid to provide said services.
C.
Facility use permit application availability and submission dates.
[Amended 9-16-2021 by Ord. No. 1042; 4-20-2023 by Ord. No. 1070]
(2)
Maria Gatta Community Park fields are available from March 1 through
December 1, subject to field maintenance and as otherwise determined
by the Borough.
[Amended 9-21-2023 by Ord. No. 1082]
(3)
All other fields are available March 15 through November 15, subject
to weather and as otherwise determined by the Borough.
(4)
The Borough may accept long-term contracts with educational institutions
in lieu of permit applications for use of the facilities.
[Amended 9-21-2023 by Ord. No. 1082]
D.
Permit application content. The application for requesting use of
a facility can be downloaded from the Borough of Oceanport's website
or can be obtained from the Borough during business hours. The application
should be submitted or mailed to the Borough of Oceanport, Attn: Facility
Use Request, PO Box 370, Oceanport, NJ 07757.
[Amended 9-16-2021 by Ord. No. 1042; 9-21-2023 by Ord. No. 1082]
E.
Facility use permit application standards. Standards for issuance
of a facility use permit by the Recreation Coordinator shall include
the following findings:
[Amended 9-16-2021 by Ord. No. 1042; 9-21-2023 by Ord. No. 1082]
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park or facility;
(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 or police operation by the Borough;
(5)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application;
(6)
That the applicant has not had a previous permit revoked an/or has
not been found to have violated this article in connection with previous
usage.
F.
Insurance requirements. Proof of insurance is required with certain
facility use permit applications.
(1)
Formal organizations (e.g., Boy Scouts, athletic leagues, AAU teams,
travel teams, businesses, athletic camps, etc.) that wish to use municipal
facilities must maintain and provide proof of adequate insurance.
An original, executed certificate of insurance is required at the
time of application. Informal groups, however, are free to use the
facilities without insurance coverage, contingent upon the execution
of an indemnification and waiver which is more particularly described
below. Insurance requirements may also be waived for municipally sponsored
or approved meetings or events. Determination as to whether a group
is formal or informal will be made by the Recreation Coordinator.
Factors will include, but are not limited to, incorporation status,
size of membership, frequency of gatherings and existing insurance.
[Amended 9-21-2023 by Ord. No. 1082]
(2)
Those permittees required to have insurance must present satisfactory
evidence (an original, executed certificate of insurance) of insurance
protection for participants, spectators, coaches and the public. Satisfactory
evidence of insurance shall mean commercial general liability insurance,
from an insurer licensed to do business in the State of New Jersey,
with limits of liability in an amount not less than $1,000,000, per
occurrence and aggregate. The policy must provide coverage for the
user's activity at the approved facilities and shall state such activities
on the certificate of insurance. The certificate of insurance shall
name the Borough of Oceanport as an additional insured for the duration
of the use of the facility(ies).
G.
Indemnification and waiver.
(1)
All permittees must sign a waiver in which they agree to waive and
relinquish all claims, and causes of action, of every kind which they
have or may have against the Borough of Oceanport arising out of the
use of the facility(ies) resulting in personal injury and/or property
damage. All permittees must acknowledge that they assume all risks
in connection with the use of the facility(ies).
(2)
All permittees must indemnify the Borough of Oceanport of any and
all liability of loss, and against all claims or actions based upon
or arising out of damage or injury (including both) to persons or
property caused by or sustained in connection with the applicant's
use of the facility(ies), and the defense of any such claims or actions,
whether the liability, loss or damage is caused by, or arises out
of negligence of the Borough of Oceanport, or any of the agents, employees
or otherwise. The user must further agree to reimburse the Borough
of Oceanport, its agents, employees or otherwise, for any and all
expenses, attorney's fees or costs incurred in the enforcement of
this waiver and indemnification.
(3)
The form of waiver and indemnification can be downloaded from the
Borough of Oceanport's website or can be obtained from the Borough
Clerk during regular business hours.
H.
In certain instances, a liability bond may be required by the Borough.
That determination will be made on a case-by-case basis. The Recreation
Coordinator will notify the permittee in the event the Borough requires
said bond.
[Amended 9-16-2021 by Ord. No. 1042; 9-21-2023 by Ord. No. 1082]
I.
Permit application procedure.
[Amended 9-16-2021 by Ord. No. 1042]
(1)
Upon receipt of application, the requested usage will be reviewed
by the Recreation Coordinator for facility availability and scheduling
of activity.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
(2)
The applicant will be contacted to advise if approved or not approved.
(3)
If the request is approved, the applicant will also be advised of
the usage fees along with payment instructions.
(4)
Upon receipt of payment in full, a permit will be issued by the Recreation
Coordinator to the applicant. Usage fees are not refundable unless
deemed otherwise by the Borough.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
(5)
All applications shall be reviewed under the standards set forth under Subsection E of this section.
(6)
Appeals regarding the Recreation Coordinator's decision for approval
or disapproval, when disputed, shall be decided by the Municipal Council
by way of resolution. Appeals shall be submitted to the Borough Clerk's
office for Council decision. The decision of the Borough Council shall
be final.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
J.
Permittee obligations and responsibilities.
(1)
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
such permits.
(2)
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 person or persons to whom the permit is
issued shall be responsible for:
(a)
Ensuring that all participants and spectators adhere to park
rules and regulations;
(b)
Ensuring that the field, court or facility is in safe condition
prior to allowing players or participants to proceed and to report
unsafe conditions to the Recreation Coordinator not later than one
day after its use; and
[Amended 9-16-2021 by Ord. No. 1042; 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
(c)
Ensuring that, upon conclusion of the use, the field, court
and/or facility is left in the same condition as it was found, including
removal of any equipment, and cleanup and proper disposal of any litter.
A user maintenance fee of no less than $50 to cover any damage to
the field/court, equipment or costs incurred by the Borough to return
the field/court to its original condition may be assessed to the permittee.
The Recreation Coordinator will notify the permittee and payment is
due within 24 hours of notification.
[Amended 9-21-2023 by Ord. No. 1082]
K.
Permit
cancellation policy:
[Added 9-21-2023 by Ord. No. 1082[1]]
(1)
Field
closures will be at the discretion of the Borough for reasons such
as extreme weather (i.e., lightning, snow or excessive winds) or any
other necessary reason. Renters may be given credit on their account
to use for a future rental based on availability.
(2)
Reservations
cancelled by permittee will not be refunded. Credits may be applied
at the discretion of the Borough based on how much notice was given
prior to cancellation, whether the field can be rented again, and
if the field is rebooked at the time of cancellations.
L.
Revocation of issued permit. The Borough Administrator, Borough Clerk,
Recreation Coordinator and/or the Borough Council shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown. The Borough Administrator, Borough Clerk,
Recreation Coordinator and/or the Borough Council may also revoke
a permit which has been issued upon discovery of a material misrepresentation
of fact on the application.
[Amended 9-16-2021 by Ord. No. 1042; 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
M.
Priorities of use. Applications for the use of facilities will be
scheduled on a first-come-first-served basis or as determined to be
in the best interest of the Borough. In all instances, priority is
given to Oceanport residents. When more than one application is received
for the same date(s), the following order of priority shall apply:
[Amended 9-21-2023 by Ord. No. 1082]
(1)
Meetings or events directly sponsored by the Borough Council for
municipal purposes, inclusive of the Borough's recreational sports
programs via the Borough-approved recreational sports associations.
(2)
Meetings or events directly sponsored by municipal advisory boards
and committees.
(3)
Meetings or events directly sponsored by Borough departments for
municipal purposes.
(4)
Meetings or events held for the discussion of municipal issues.
(5)
Resident youth recreation activities, leagues or service organizations.
(6)
Resident adult recreation activities, leagues or service organizations.
(7)
Board of Education related activities.
(8)
Nonresident youth recreation activities, leagues or service organizations.
(9)
Nonresident adult recreation activities, leagues or service organizations.
(10)
All other uses.
A.
Other than those who qualify as exempt or partially exempt as set forth in Subsection B, all groups, organizations, teams, leagues shall be required to pay a fee to use municipal facilities as follows:
[Amended 9-16-2021 by Ord. No. 1042; 9-15-2022 by Ord. No. 1061; 4-20-2023 by Ord. No. 1070]
(1)
Application review fee: $20, nonrefundable but will be credited towards
any permit fees.
(2)
Facility use fee:
[Amended 9-21-2023 by Ord. No. 1082]
(3)
Resident team rosters shall consist of a majority Oceanport residents.
[Amended 9-21-2023 by Ord. No. 1082]
(4)
All other teams are to be considered nonresident teams. The determination
of whether a team is a resident or nonresident team, when disputed,
shall be decided by the Municipal Council and confirmed by way of
resolution.
(5)
Sport trainers must make the reservation and provide a certificate
of insurance for the dates of rentals. All sports trainers must provide
a Safe Sport Certificate from the State of New Jersey.
[Added 9-21-2023 by Ord. No. 1082[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(5) as Subsection A(8).
(6)
Sport trainers will be provided with yearly credentials which must
be worn at all times during use of the fields.
[Added 9-21-2023 by Ord. No. 1082]
(7)
Use of the pickleball and tennis courts will require a badge to be
displayed at all time. The badge will be issued by the Recreation
Coordinator upon payment of yearly fee.
[Added 9-21-2023 by Ord. No. 1082]
(8)
Other undefined uses and their fees shall be set and approved by
resolution of the Mayor and Council.
B.
Borough-approved recreation sports associations.
(1)
Notwithstanding anything to the contrary set forth within the ordinances
of the Borough of Oceanport, the Borough of Oceanport hereby recognizes
the following entities as "Borough-approved recreation sports associations"
and further recognizes that these entities are charged with the responsibility
of planning, promoting, organizing and operating specific recreation
sports programs on behalf of the Borough, for the benefit of the Borough,
its residents and, in certain instances, the residents of neighboring
communities:
[Amended 5-21-2019 by Ord. No. 1002; 9-16-2021 by Ord. No. 1042]
(2)
Insofar as these entities operate the Borough of Oceanport's recreation
sports programs with the consent and under the aegis of the Borough
of Oceanport, these entities and their teams shall be exempt from
all fees.
C.
Sports camps sponsored or operated by a Borough-approved recreation
sports association shall not be required to pay a fee.
Security: All applications for permits for groups of 50 people
or more shall be referred to the Chief of Police for review. The Chief
of Police shall have the discretion to impose any reasonable conditions
related to the public health, safety and welfare on the issuance of
the permit, including but not limited to the employment of police
officers by the applicant/permittee during the activity for security
and/or traffic/parking control.
[Amended 9-16-2021 by Ord. No. 1042]
A.
The Recreation Coordinator and/or their designees shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this article.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
B.
The Recreation Coordinator and/or their designees shall have the
authority to eject from the park area any person or persons acting
in violation of this article.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
C.
The Recreation Coordinator and/or their designees shall have the
authority to seize and confiscate any property, thing or device in
the park or used in violation of this article.
[Amended 4-20-2023 by Ord. No. 1070; 9-21-2023 by Ord. No. 1082]
D.
This article shall also be enforced by the Police Department and
Code Enforcement Officer of the Borough.
[Amended 9-21-2023 by Ord. No. 1082]
Any person, firm, association or corporation violating any section
of this chapter shall, upon conviction in the Municipal Court, be
subject to a fine of $500 but not more than $5,000. Each day after
the initial violation shall be considered a new and individual violation.
All ordinances or parts thereof inconsistent with the provisions
of this article are hereby repealed as to such inconsistency.
If any section, paragraph, subsection, clause or provision of
this article shall be adjudged invalid, such adjudication shall apply
only to the section, paragraph, subsection, clause or provision so
adjudged and the remainder of this article shall be deemed valid and
effective.
