[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 4-5-2017 by Ord. No. 9-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 64.
Beaches and recreational facilities — See Ch. 72.
Littering — See Ch. 146.
Minibikes, buggies and snowmobiles — See Ch. 152.
Noise — See Ch. 158.
[1]
Editor's Note: This ordinance also repealed former Ch. 165,
Parks, adopted 12-22-1993 by Ord. No. 59-1993, as amended.
The purpose of this chapter is to provide standards and regulations
for the use of the park(s) and recreation area(s) within the Township
of Egg Harbor.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Duly appointed personnel of the Township, including the Director
of Parks and Recreation and their designated staff members.
Includes but is not limited to a park, playground, recreation
center or any other public area owned or used by the Township or local
authorized government agencies and devoted to active or passive recreation.
The Recreation Commission is responsible for guiding the
administrative policy of Egg Harbor Township park(s) and recreation
area(s) as well as steering future development of facilities to serve
the residents of Egg Harbor Township.
The following hours of use have been established:
A.
Delilah Oaks Parks: sunrise to sunset; except for the pickleball
court 9:00 a.m. to 6:00 p.m. daily.
[Amended 5-20-2020 by Ord. No. 4-2020]
B.
M. K. Betterment Playground: sunrise to sunset.
C.
Oakland Tremont Park: sunrise to sunset.
D.
Childs-Kirk Memorial Park: sunrise to sunset; except for the softball
fields until 11:00 p.m.
E.
Veterans Memorial Park: sunrise to sunset; except for lighted fields
until 11:00 p.m.
F.
Tony Canale Park: sunrise to sunset; except for the soccer fields
until 11:00 p.m.
G.
Arboretum: sunrise to sunset.
H.
Bargaintown Park: sunrise to sunset; except for the baseball field
until 11:00 p.m.
I.
Egg Harbor Township Nature Reserve: sunrise to sunset.
J.
Community Center grounds: sunrise to sunset.
K.
Shires Park: sunrise to sunset.
L.
Shires Tot Lot: sunrise to sunset.
The provisions of this chapter shall not be applicable when:
The following rules and regulations are hereby established,
and it shall be unlawful to violate any of the said rules and regulations:
A.
No person shall act in a loud, indecent, obscene or offensive manner.
B.
No person shall revel, disport or behave in a noisy and boisterous
manner, emitting loud cries and other noises, so as to inconvenience
others, or otherwise disrupt and disturb the public peace and dignity
within the park(s) and recreation area(s) defined or such adjacent
areas. Use of profane, loud, threatening, insulting, indecent and
abusive language is prohibited.
C.
No person shall drive and/or operate minibikes, motor scooters, motorbikes,
gocarts, swamp buggies and snowmobiles and any other similar type
of motor-driven vehicle within the park(s) and recreation area(s).
D.
The starting or maintenance of an open fire or fires in the park(s)
and recreation area(s) at any time during the entire year is prohibited.
E.
No person shall hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall he remove or have in his 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
or poisonous, or deadly reptiles, may be killed on sight.
F.
Pets brought into permitted park(s) and recreation area(s) shall
be confined or under direct control and on a leash. All pet owners
must abide by Township regulations and are responsible for cleaning
up after their pet(s). No pets are allowed on fields, athletic fields,
Tony Canale Park amphitheater lawn, playgrounds or courts at any time.
Service animals, as defined by the Americans with Disabilities Act[1] and New Jersey Law Against Discrimination,[2] are permitted in all park(s) and recreation area(s).
[Amended 10-5-2022 by Ord. No. 43-2022]
G.
No person shall carry or possess firearms of any description, or
air rifles, spring guns, bow 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(s) and recreation
area(s) from beyond park boundaries is forbidden.
H.
The Recreation Commission shall be authorized to establish any other
rules and regulation governing parks which it deems appropriate.
I.
No person shall engage in smoking of any kind or use tobacco products while in any park(s) and recreation area(s) listed in § 165-3, Smoking, is defined as the act of lighting by fire by any means, and/or the act of inhaling, exhaling, burning, or the carrying of any lit smoke product, including, but not limited to, a cigarette, cigar, pipe, electronic smoking device, tobacco, weed, plant or other vegetation or similar material. "Tobacco products" encompasses all smokeless tobacco, including, but not limited to, chewing tobacco, loose-leaf tobacco, tobacco pellets, plug tobacco, twist or rope tobacco, dipping tobacco and dissolvable tobacco.
J.
The Director of Parks and Recreation, in conjunction with the Recreation
Commission, reviews and approves all park(s) and recreation area(s)
use requests for the Township. The Department of Parks and Recreation
then works with its sponsored youth organizations and permitted groups
to schedule the use of all fields and facilities located in Township
park(s) and recreation area(s).
K.
Field closure for maintenance to preserve the quality of Egg Harbor
Township park(s) and recreation area(s) to allow for appropriate rest
and repair of turf areas will be identified by the Director of Parks
and Recreation and their designated staff members. Mandatory field
closure periods will be identified by park(s) and/or recreation area(s).
The closed park(s) and/or recreation area(s) will be identified by
posted signs and/or fencing and the organization's contact person
will be notified. Consequences for not adhering to the field closure
periods will result in the following:
(1)
First offense: written warning to the organization representative.
Security deposit will be forfeited and retained by the Township of
Egg Harbor.
(2)
Second offense: a monetary penalty of $500 will be imposed and must
be paid to the Department of Parks and Recreation. Use of facilities
will be suspended until such time as the penalty is paid in full and
any or all future permitted use will be canceled.
(3)
Third offense: hearing before the Egg Harbor Township Recreation
Commission with a potential loss of the field use permit for the organization.
L.
Athletic fields may be closed due to inclement weather or saturated conditions. If a field is to be determined closed or deemed unplayable by Egg Harbor Township authorized staff on weekdays, notice will be sent to the appropriate league/organization contact person via email by 2:00 p.m. that day. At later weekday times and weekends, each organization is required to cancel its permitted activity if injury may result to participants or if damage to the playing surface or facility may occur. Users must notify the Director of Parks and Recreation, or designated staff member, if the organization closed the field so other users questioning whether to close their fields can be so advised. If there is any doubt, the field should be closed and all activities canceled. Consequences for not adhering to the above closure requirements will result in the consequences for offenses stated above in Subsection K. Field use is prohibited in the following circumstances:
(1)
It is closed for renovation or repair;
(2)
Water is standing on the field;
(3)
Soil is frozen;
(4)
The soil is wet and "spongy";
(5)
Grass can be dislodged from the field easily;
(6)
Steady rain is falling;
(7)
A lightning/electrical storm is occurring; and
(8)
The field is deemed unplayable by Public Works and/or staff from
the Department of Parks and Recreation.
M.
All managers, coaches, or persons in charge of a group using the
park(s) and recreation area(s) will be responsible for the conduct
of all participants, spectators and others connected with the activity,
including visiting teams and opponents. Group users must inform their
participants of the conduct rules. Users must clean up after themselves
(i.e., trash, recycling, etc.) and managers, coaches, or persons in
charge of a group must inspect the park(s) and recreation area(s)
before leaving. All trash must be placed in proper receptacles. Users
are expected to leave the park(s) and recreation area(s) in the same
or better condition in which it was found.
N.
Warm-ups for the next scheduled event must be performed so as not
to interfere with existing event and so as not to endanger the welfare
of all participants, spectators and facilities.
O.
Use or possession of alcoholic beverages or controlled substances
of any kind are prohibited.
P.
No field user may put down lines, significantly or permanently alter,
or make any changes to a park and/or recreation area.
Q.
The Township may remove any article or property found in a park(s)
and recreation area(s) after hours of operation at the owner's expense.
R.
No person or organization shall post by any means or erect or cause
to be erected any sign, placard, advertisement, or inscription, in
any Township park(s) and recreation area(s), without authorization
from the Department of Parks and Recreation.
S.
Vehicles may only be parked in any park and/or recreation area during the hours established in § 165-3 when the park and/or recreation area is open for public use.
[Added 4-18-2018 by Ord.
No. 13-2018]
T.
A limited number of passenger cars (not to exceed five in total)
may be issued a permit to park during hours when the park and/or recreation
area is closed for public use.
[Added 10-3-2018 by Ord.
No. 44-2018]
(1)
Application for parking permit. Application for a parking permit
shall be made, in writing, to the Chief of Police or his designee
upon such forms as shall be prepared by the office of the Chief of
Police.
(2)
Conditions for granting of permit. Parking permits shall be granted
to the following person or persons under terms and conditions as hereinafter
set forth: to persons who are property owners on any street abutting
a park and/or recreation area, where parking is prohibited in front
of their property.
(3)
Cost of permit. A permit will be issued on a calendar year basis
for a fee of $20.
(4)
Surrender of permit. An applicant for a parking permit shall show
to the Chief of Police or his designee satisfactory evidence that
such person fulfills all the conditions required for the issuance
of a permit. Whenever the conditions no longer exist, any person holding
such permit shall surrender the same to the Chief of Police or his
designee.
(5)
Permit renewal. No permit issued hereunder shall be valid for more
than one year, but may be renewed upon expiration, provided that the
conditions for the issuance thereof still exist.
A.
Unless otherwise provided herein, no organizations, entities and for-profit individuals may use or conduct activities or special events in Township park(s) and recreation area(s) without a permit issued by the Parks and Recreation Department (the Department). An individual’s use of a professional trainer without a permit is limited to one hour, when necessary in order to accommodate the public’s use of the facility. Upon written application, each permit will be reviewed, categorized, and issued by the applicant’s use, activity or event proposed, prioritizing each in the order set forth in Subsection B, with Category I having highest priority. The Department will make every reasonable effort to treat all organizations, teams, and individuals using Township facilities in a fair and equitable manner. All parties must comply with federal and state anti-discrimination laws.
[Amended 3-17-2021 by Ord. No. 13-2021]
(1)
Permits
must be available for review at time of use upon request. Permits
are nontransferable and for the exclusive use of the applicant who
must be present during the use, activity or special event authorized.
All permittees must adhere to their approved use at the locations,
dates, and times authorized.
B.
Use categories:
(1)
Category I permit/use: Egg Harbor Township programs and events. Any
Egg-Harbor-Township-sanctioned program and/or special event.
(2)
Category II permit/use: recognized and sponsored Egg Harbor Township
youth sports organizations.
(a)
Egg Harbor Township Baseball Association.
(b)
Egg Harbor Township BMX Association.
(c)
Egg Harbor Township Jr. Wrestling Club.
(d)
Egg Harbor Township Lacrosse Association.
(e)
Egg Harbor Township Soccer Club.
(f)
Egg Harbor Township Street Hockey Association.
(g)
Egg Harbor Township Travel Basketball Association.
(h)
Egg Harbor Township Youth Organization.
(i)
Egg Harbor Township Youth Softball Association.
(3)
Category III permit/use: Egg Harbor Township School District. Programs,
events, and/or activities officially sanctioned, coordinated and sponsored
by the Egg Harbor Township School District.
(4)
Category IV permit use: Egg Harbor nonprofit organizations/Egg Harbor
Township church groups/Egg Harbor Township Boy and Girl Scout groups.
Nonprofit organizations, entities, individuals, or groups for the
purpose of providing recreational services primarily to Egg Harbor
Township residents must show proof of nonprofit status and be able
to demonstrate that their use of facilities benefits and/or serves
Egg Harbor Township residents. Team rosters and/or intended participants
must be 75% Egg Harbor Township residents or higher. If at any time
the organization or team rosters falls below 75%, the organization
must immediately inform the Department of Parks and Recreation. This
may result in the organization or team being reclassified into Category
V.
[Amended 10-2-2019 by Ord. No. 28-2019]
(5)
Category V permit/use: Non-Egg-Harbor-Township nonprofit organizations.
Nonprofit organizations, entities, individuals or groups for the purpose
of providing recreational services must show proof of nonprofit status.
Team rosters or intended participants with less than 75% Egg Harbor
Township residents.
[Amended 10-2-2019 by Ord. No. 28-2019]
(6)
Category VI permit/use: Commercial organizations, entities, individuals
or groups for the purpose of providing recreational services that
are operated as a for-profit commercial enterprise.[1]
[Amended 10-2-2019 by Ord. No. 28-2019]
[1]
Editor's Note: Former Subsection B(7), Category VII permit/use,
which immediately followed, was repealed 10-2-2019 by Ord. No. 28-2019.
C.
To qualify as a nonprofit organization in Category IV or V above,
the organization must be registered as a not-for-profit corporation
with the State of New Jersey. Nonprofit organizations are those organizations
that have evidence of Federal 501(c) filing and state nonprofit status.
D.
Priority is given within a particular sport's designated "season."
In-season sports have equal status to each other; out of season sports
have equal status to each other.
E.
Bargaintown Park Baseball Field has been designated by the Recreation
Commission as a park facility to serve adults in the Township and
surrounding area. Priority may be given to adult groups superseding
the Category rankings stated above.
[Amended 10-2-2019 by Ord. No. 28-2019; 3-15-2023 by Ord. No. 8-2023]
Egg Harbor Township park(s) and recreation area(s) permit fees
by category (Note: All field/court fees are per individual field and
per individual court.):
A.
The first step to securing a park and/or recreation area is to complete a facility use application. The allocation of park(s) and recreation area(s) will be determined by the Director of Parks and Recreation according to the priority of use established in § 165-6, Permits, and provided that the criteria listed are met.
(1)
The Department of Parks and Recreation may schedule fields and facilities
at any time for Township sponsored programs, events and activities.
(2)
Category II applicant's facility use of park(s) and recreation area(s).
Application for the spring and summer season (March 1 through August
31) is to be submitted by December 31. Field use approvals for Category
II will be voted upon at the January Recreation Commission meeting.
(3)
Category II applicant's facility use of park(s) and recreation area(s).
Application for the fall season (September 1 through November 30)
is to be submitted by May 31. Field use approvals for Category II
will be voted upon at the June Recreation Commission meeting.
(4)
All Category III through VII applicants may submit a facility use
of park(s) and recreation area(s) application no more than 60 days
prior to start date of use. Additionally, applications for facility
use of fields between April 1 and August 31 will be accepted up to
January 31. Permits will be issued for groups that apply according
to category rankings. Applications for facility use of park(s) and
recreation area(s) between September 1 and November 15 will be accepted
up to June 30. Permits will be issued for groups that apply according
to category rankings and any policy contained herein.
(5)
Field use applications may be submitted past the dates stated above,
no later than seven business days prior to date of use requested and
will be considered based on remaining park(s) and recreation area(s)
availability.
(6)
Restrictions include:
(a)
Park(s) and recreation area(s) use permits will be issued to
all applicants in Categories III through VII between the dates of
April 1 and November 15 annually. No use outside of these dates for
above category groups will be allowed.
(b)
All Egg Harbor Township park(s) and recreation area(s) will
be permitted for use a maximum of six days a week to ensure they receive
some rest and reduce wear and tear.
(c)
Athletic fields may not be scheduled for more than eight hours
of use in a day. The Director of Parks and Recreation may make exception
to this rule in case of tournament play. During the months of July
and August, all athletic fields will be permitted for use no more
than six hours daily, with a maximum use of four consecutive hours.
A mandatory rest period of two hours will be imposed between approved
use of the field(s) or area(s).
(d)
The Township will leave park(s) and recreation area(s) use times
open, un-scheduled and available for informal use by the general public.
B.
To minimize field wear and maintenance and ensure the safety of participants,
park(s) and recreation area(s) may be retired from play after each
season to allow rehabilitation/regrowth of the turf. The Director
of Public Works, Director of Recreation or the Recreation Commission
may close any Egg Harbor Township park(s) and recreation area(s) for
the upcoming season based upon a review of conditions and required
maintenance to ensure playability. The Township may cancel individual
activities on any given day depending on weather and current park(s)
and recreation area(s) conditions. In case of permitted date of use,
canceled due to weather or park(s) and recreation area(s) conditions,
the Director of Parks and Recreation will assist the organization
in obtaining one alternate date at no additional cost, provided the
date of park(s) and recreation area(s) use is not booked previously
by any another permitted group.
A.
In the event of a debate or conflict between entities in the interpretation
of the above, the Director of Parks and Recreation will submit their
recommendation to the Township Administrator and a final decision
will subsequently be rendered.
B.
In the event of special cases or circumstances (such as decisions
on "last-minute" completed applications with no time to go through
the process described above), the Director of Parks and Recreation
will use their best discretion for park(s) and recreation area(s)
use, and have the support of the Township Administrator.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Any person who is convicted
of violating the provisions of this chapter within one year of the
date of a previous violation and who was fined for the previous violation
may be sentenced by the Court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter.
