Township of East Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Brunswick 12-22-69 as Ord. No. 69-142 as Ch. XXVI of the Revised General Ordinances. § 158-12 amended 2-13-78 by Ord. No. 78-302. Other amendments noted where applicable.]
[Amended 5-13-85 by Ord. No. 85-637; 3-25-2019 by Ord. No. 19-04]
This chapter shall be known and may be cited as the "East Brunswick Township Ordinance Regulating Conduct in Parks, Public Lands, School Property and Indoor Public Places."
[Amended 7-26-99 by Ord. No. 99-27; 6-11-01 by Ord. No. 01-19; 3-25-03 by Ord. No. 03-10; 6-20-05 by Ord. No. 05-13; 07-25-05 by Ord. No. 05-17; 4-13-15 by Ord. No. 15-06; 11-13-17 by Ord. No. 17-35]
As used in this chapter, the following terms and their derivations shall have the meanings indicated. 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.
COUNTY PARK
A park, play area, natural area, reservation, field, beach, recreation center or any other area the County of Middlesex owns or controls, and devoted to or intended for active or passive recreation or natural resource management.
[Added 6-11-01 by Ord. No. 01-19]
DIRECTOR OF PARKS
The person immediately in charge of the Department of Parks and its activities, and to whom all park rangers and park employees of such area are responsible.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe (as pursuant to N.J.S.A. 26:3D-57)
[Added 3-25-2019 by Ord. No. 19-04]
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
[Added 7-25-05 by Ord. No. 05-17]
INDOOR PUBLIC PLACE
A structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including; but not limited to: a commercial or other office building; office or building owned, leased or rented by the state or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child-care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
[Added 3-25-2019 by Ord. No. 19-04]
PARK
A park, play area, natural area, reservation, field, beach, recreation center or any other area the Township owns, or used by the Township, and devoted to or intended for active or passive recreation or natural resource management.
[Amended 6-28-76 by Ord. No. 76-142-A]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC LAND
Any land which the Township owns, or controls by lease, easement or other conveyance.
[Added 5-13-85 by Ord. No. 85-637]
SCHOOL PROPERTY
School buildings and school grounds and includes, with respect to public and nonpublic elementary and secondary schools: land, portions of land, structures, buildings, and vehicles, owned, operated or used for the provision of academic or extracurricular programs sponsored by a school or a community provider and structures that support these buildings, such as school wastewater treatment facilities, generating facilities, and other central service facilities including, but not limited to, kitchens and maintenance shops; Athletic stadiums, swimming pools, any associated structures or related equipment tied to such facilities including, but not limited to, grandstands and night field lights, greenhouses, garages, facilities used for noninstructional or noneducational purposes, and any structure, building or facility used solely for school administration; playgrounds, and recreational places owned by local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land.
[Added 3-25-2019 by Ord. No. 19-04]
SKATE PARK FACILITY
A designate play area or facility situated at Community Park on Dunhams Corner Road in the Township of East Brunswick devoted to or intended only for skateboarding and in-line skating and designed with special ramps.
[Added 3-24-03 by Ord. No. 03-10]
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device (as pursuant to N.J.S.A. 26:3D-57).
[Added 6-20-05 by Ord. No. 05-13; amended 3-25-2019 by Ord. No. 19-04]
a. 
Wood sticks or wire sparklers of not more than 100 grams of pyrotechnic mixture per item;
b. 
Handheld or ground-based sparkling devices which are non-explosive and no-aerial, which may produce a crackling or whistling effect, and contain 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes; and
c. 
Snakes and glow worms, smoke devices, and trick noisemakers, which include party poppers, snappers, and drop pops, each consisting of 25/100 grains or less of explosive mixture.
SUPERINTENDENT OF PUBLIC LANDS
The person who serves as the Director of Parks as provided in Chapter 3, § 3-58 et seq. of the Code of the Township.
[Added 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27]
TOWNSHIP
The Township of East Brunswick.
VEHICLE
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 Township parks.
WILDLIFE
All animals that are neither human nor domesticated. The term shall include reptiles and birds.
[Added 7-25-05 by Ord. No. 05-17]
[Amended 5-13-85 by Ord. No. 85-637; 6-20-05 by Ord. No. 05-13; 7-25-05 by Ord. No. 05-17]
No person shall engage in any of the following activities in a park:
A. 
Buildings and other property.
(1) 
Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building; bridges; tables; benches; fireplaces; railings; paving or paving material; waterlines or other public utilities or parts or appurtenances thereof; signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(2) 
Restrooms and washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
(3) 
Removal of natural resources. Dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, or make any excavation by tool, equipment, blasting or other means or agency.
(4) 
Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
B. 
Trees, shrubbery, lawns.
(1) 
Injury and removal. 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; nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(2) 
Climbing trees, etc. Climb any tree or wall, stand or sit upon monuments, vases, fountains, railing, fences or structures or upon any other property not designated or customarily used for such purposes.
[Amended 5-13-85 by Ord. No. 85-637]
(3) 
Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.
C. 
Wildlife.
[Amended 7-25-05 by Ord. No. 05-17]
(1) 
Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall be remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird.
(2) 
Feeding.
(a) 
No person shall feed any wildlife in any public park or on any other Township property.
[Added 7-25-05 by Ord. No. 05-17]
(b) 
Give or offer or attempt to give to any animal, reptile or bird any tobacco, alcohol or other known noxious substances.
[Amended 5-13-85 by Ord. No. 85-637]
D. 
Endangered and protected species. Hunt, trap, kill, harm, collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy or accept as a gift any specimen or part of a specimen alive or dead, of any of the species of animals, insects, and plants designated as endangered or protected by the New Jersey Department of Environmental Protection.
[Added 5-13-85 by Ord. No. 85-637]
E. 
Glass Beverage Containers. No person shall bring into any park nor have in his/her possession any glass beverage container for any purpose whatsoever.
[Added 11987 by Ord. No. 87-874]
F. 
Smoking. Smoking shall be prohibited in any municipal park and playground, except in areas specifically designated by the Township and suitably equipped for that purpose.
Any person smoking in violation of this section shall be subject to the following penalty, upon conviction:
(1) 
$50, plus costs, for a first offense.
(2) 
$100, plus costs for a second offense.
(3) 
A third or subsequent offense shall subject to violations and penalties set forth in § 158-12.
G. 
Regulations pertaining to smoking on school property, indoor public places or events.
[Added 3-25-2019 by Ord. No. 19-04]
(1) 
Smoking is prohibited in an indoor public place.
(2) 
Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
(3) 
No person attending an athletic and/or recreational event that takes place on school property shall smoke in any area closer than 50 feet from the boundary of any athletic field and/or within 50 feet of any of the event participants whether or not such participants are engaged in event activities. No smoking shall take place in any restrooms serving an athletic and/or recreational event on Township property during the course of an athletic or recreational event. Smoking is prohibited within 50 feet of any area where food or beverages are served. This prohibition shall apply only to those athletic or recreational events where any of the participants are 18 years of age or younger.
(4) 
For the purposes of this section, the courtyard at the municipal complex located between the municipal building and the library including the Veterans' Memorial and walkways to the parking lots shall be considered prohibited smoking areas as there is a reasonable anticipated presence of children involved in the various recreational programs as well as the library.
(5) 
Violations and penalties. Any person smoking in violation of this section shall be subject to the following penalty, upon conviction:
(a) 
$100, plus costs, for a first offense.
(b) 
$250, plus costs, for a second offense.
(c) 
A third or subsequent offense shall carry fines up to $500.
No person shall engage in any of the following activities in a park:
A. 
Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
B. 
Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not 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.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
No person shall engage in any of the following activities in a park:
A. 
State motor vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicles traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances.
B. 
Enforcement of traffic regulations. Fail to obey all police officers, Park Rangers, and designated park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Director of Parks.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
C. 
Obey traffic signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.
D. 
Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding five (5) miles an hour, except upon such roads as the Director of Parks may designate, by posted signs, for speedier travel.
[Amended 6-28-76 by Ord. No. 76-142-A; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
E. 
Operation confined to roads. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Director of Parks.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
F. 
Parking.
(1) 
Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, at and with the instructions of any Park Ranger or designated park employee who may be present.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
(2) 
Full-parking. Full-park on the road or driveway at any time. In order to enjoy some special natural scenic feature, vehicles may be parked with the two (2) left wheels near the right edge of the paving for not more than fifteen (15) minutes. No stopping or parking is permitted even briefly on the left-hand side of any road or driveway.
(3) 
Night parking. Leave a vehicle standing or parked at night without lights clearly visible for at least one hundred fifty (150) feet from both front and rear on any driveway or road area except legally established parking areas.
(4) 
Emergency procedure. Fail to immediately notify a Park Ranger or park employee of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
(5) 
Double-parking. Double-park any vehicle on any road or parkway unless directed by a Park Ranger.
G. 
Bicycles.
(1) 
Confined to roads. Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
(2) 
Operation. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two (2) or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
(3) 
Rider prohibited. Ride any other person on a bicycle.
(4) 
Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
(5) 
Immobile. Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.
(6) 
Night operation. Ride a bicycle on any road or path between thirty (30) minutes after sunset and thirty (30) minutes before sunrise without an attached headlight plainly visible at least two hundred (200) feet in front of, and without a red taillight or red reflector plainly visible from at least one hundred (100) feet from the rear of, such bicycle.
[Amended 5-13-85 by Ord. No. 85-637]
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
No person shall engage in any of the following activities in a park:
A. 
Bathing and swimming.
[Amended 7-26-99 by Ord. No. 99-27]
(1) 
Designated areas. Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted; nor shall any person request any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activity is prohibited by the Director of Parks upon a finding that such use of the water would be dangerous or otherwise inadvisable.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(2) 
Certain hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Director of Parks for such purposes for each individual area.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(3) 
Structure on beach. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two (2) sides; nor shall any guy wire, rope or extensions or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
(4) 
Costume. Allow himself to be so covered with a bathing suit as to indecently expose his person or call forth merited criticism. No person shall appear in bathing costume at any place in the parks except within the limits of designated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards.
(5) 
Bathhouses. Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
B. 
Boating.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(1) 
Designated areas. Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters, except at places designated for boating by the Director of Parks. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(2) 
Public docks. Use the public docks for dockage or other purpose without first making arrangements for such accommodation with the Manager of Parks, who shall assign space and collect reasonable rental charges in conformity with established regulations and rates.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
(3) 
Operation of boats. Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat.
(4) 
Prohibition during closing hours. Launch, dock or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning; nor shall any person be on or remain on, or in, any boat during the said closed hours of the park.
C. 
Fishing.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(1) 
Commerce prohibited. Engage in commercial fishing or the buying or selling of fish caught in any waters.
(2) 
General prohibition. Fish in any waters, whether fresh or salt and whether by the use of hook and line, net, trap or other device, except in waters designated by the Director of Parks for that use and under such regulations and restrictions as have been or may be prescribed by the Director of Parks.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(3) 
Where bathing. At any time fish in any area where bathing is permitted.
D. 
Hunting and firearms. Hunt, trap or pursue wildlife at any time. No person shall use, 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.
E. 
Picnic areas and use.
(1) 
Regulated. Picnic or lunch in a place other than those designated for that purpose. Park Rangers and designated park employees shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
(2) 
Violate the regulation that use of the individual fireplaces, together with tables and benches, follows generally the rule of "first come, first served."
(3) 
Nonexclusive. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics, to the exclusion of other persons; nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
(4) 
Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
F. 
Camping. Camp in other than designated camp sites for organized camping, provided by the Director of Parks and used by groups of persons under adequate supervision. 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 house trailer, camp trailer, camp wagon or the like, without permit.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
G. 
Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in that area set apart for such forms of recreation. The playing of rough or comparatively dangerous games, such as football, baseball and quoits, is prohibited except on the fields and courts or areas provided therefor. Rollerskating shall be confined to those areas specifically designated for such pastime.
H. 
Horseback riding. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken, properly restrained and ridden with due care and shall not be allowed to graze or go unattended; nor shall they be hitched to any rock, tree or shrub.
[Added 3-24-03 by Ord. No. 03-10; amended 4-13-15 by Ord. No. 15-06]
A. 
Use of Skate Park Facility. The Skate Park Facility will be open to both Township of East Brunswick residents and residents of the State of New Jersey
B. 
Hours of Operation. The Skate Park Facility will be open from dawn to 10:00 p.m. daily unless otherwise indicated by the Director of Parks.
[Amended 4-13-15 by Ord. No. 15-06]
C. 
Supervision. The Township will not provide on-site supervision.
D. 
Skate Park Facility Equipment. Only equipment installed by the Township may be used within the Skate Park Facility.
E. 
Safety Equipment. The following safety equipment is required when using the Skate Park Facility:
(1) 
Helmets; and
(2) 
Knee Pads; and
(3) 
Elbow Pads; and
(4) 
Wrist Guards.
The above equipment must be worn at all times. Failure to wear said equipment shall be cause for immediate eviction from the Skate Park Facility.
F. 
Signage. A sign will be posted at the Skate Park Facility entrance specifying the aforementioned rules and regulations and such other pertinent information as may deem appropriate.
[Amended 5-23-77 by Ord. No. 77-142-B]
Editor's Note: § 158-7 was originally adopted 8-9-49 and amended 2-27-67 by Ord. No. 67-69; 5-29-73 by Ord. No. 73-69-A; 5-5-75 by Ord. No. 75-69-B; 6-28-76 by Ord. No. 76-69-E Ord. No. 77-69-F, adopted 5-23-77, made the section a part of this chapter.
A. 
Area designated. The premises commonly known as the "Dallenbach Lakes," situated on Dunhams Corner Road in the Township of East Brunswick is designated as the East Brunswick Community Beach. The bathing area shall be operated by the Township as a municipal swimming beach utility.
[Amended 5-13-85 by Ord. No. 85-637]
B. 
Permit required. No person shall use the municipal bathing area for any purpose without first obtaining a permit to do so from the Director.
[Amended 5-13-85 by Ord. No. 85-637]
C. 
Term of permit; Fees. The fees for the use of the swimming facilities are governed by Chapter 3, § 3-59.
[Amended 9-12-77 by Ord. No. 77-142-D; 2-26-79 by Ord. No. 79-115; 2-23-81 by Ord. No. 81-327; 9-28-81 by Ord. No. 81-404; 5-13-85 by Ord. No. 85-637]
[Amended 10-15-91 by Ord. No. 91-99; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
No person in a park shall engage in any of the following activities:
A. 
Intoxicating beverages.
[Amended 7-26-99 by Ord. No. 99-27]
(1) 
Prohibition. Sell alcoholic beverages at any time in the park.
(2) 
Exceptions. At certain specifically designated recreation centers where meals or lunches are served under concession privileges, the sale of alcoholic beverages by such concessionaire will be permitted under the strict regulation and control of the Director of Parks. Sales of alcoholic beverages shall be made only in individual drinks (not in original packages or otherwise in bulk) and shall be served for consumption on the immediate premises of the concession, said sales to be duly licensed pursuant to law.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 10-15-91 by Ord. No. 91-99; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(3) 
Drunkenness. Have entered under or be under the influence of intoxicating liquor.
(4) 
Consumption of intoxicating liquor prohibited; exception. No person in a park shall consume or possess intoxicating and alcoholic beverages except by written permission of the Director of Parks.
[Added 8-22-77 by Ord. No. 77-142-C; 5-13-85 by Ord. No. 85-637; amended 10-15-91 by Ord. No. 91-99; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
B. 
Fireworks and explosives. Brought or have in his possession or set off or otherwise cause to explode or discharge or burn any sparkling devices or novelties, firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or highway 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.
[Amended 11-13-17 by Ord. No. 17-35]
C. 
Domestic animals. No person in a park shall engage in any of the following activities:
[Amended 9-14-81 by Ord. No. 81-387]
(1) 
Fail to clean up and properly dispose of defecation left by a dog under the control or ownership of such person.
(2) 
Have been responsible for the entry of a dog or other domestic animal into areas other than the automobile parking concourses and walks immediately adjacent thereto and into such other areas as may be clearly marked by signs bearing the words "Domestic Animals Permitted 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 ten (10) feet in length.
D. 
Reservation of facilities. Occupy any seat or bench or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the Board for the use of the opposite sex. Exception is made for children under six (6) years of age.
E. 
Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director of Parks. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
F. 
Closed areas. Enter an area posted as "Closed to the Public"; nor shall any person use or abet the use of any area in violation of posted notices.
G. 
Games of chance. Gamble or participate in or abet any game of chance.
H. 
Going onto ice. Go onto the ice on any of the waters except such areas as are designated as skating fields, and provided that a safety signal is displayed.
I. 
Loitering and boisterousness. 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 a breach of the public peace.
J. 
Exhibit permits. Fail to produce and exhibit any permit from the Director he 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 or rule.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
K. 
Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
L. 
Use of drugs and other Controlled Dangerous Substances. No person in a park shall possess, use, sell or distribute marijuana or any drug or pill or other item which is a controlled dangerous substance, as defined by Title 2C of New Jersey Statutes.
[Added 9-14-81 by Ord. No. 81-387; 5-13-85 by Ord. No. 85-637]
No person in a park shall engage in any of the following activities:
A. 
Vending and peddling. Expose or offer for sale any article or thing; nor shall be station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Director.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
B. 
Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire.
C. 
Signs. 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.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
A. 
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information.
B. 
Closed areas. Any section or part of any park may be declared closed to the public by the Director 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 users, as the Director shall find reasonably necessary.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637]
C. 
Lost and found articles. The finding of lost articles by Park Rangers or Park Attendants shall be reported to the Director of Parks and Public Works who shall make every reasonable effort to locate the owners. The Director of Parks shall make every reasonable effort to find articles reported as lost.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
D. 
Permit. A permit shall be obtained from the Director of Parks before participating in park activities designated by the Director of Parks.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(1) 
Application. A person seeking issuance of a permit hereunder shall file an application with the Director. The application shall state:
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673]
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which such permit is desired.
(e) 
An estimate of the anticipated attendance.
(f) 
Any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should issue hereunder.
(2) 
Standards for issuance. The Director shall issue a permit hereunder when he finds:
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673]
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the Township.
(e) 
That the facilities desired have not been reserved for other use at the day and hour required in the application.
(3) 
Appeal. Within two (2) days after receipt of an application, the Director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within two (2) days to the Township Council, which shall consider the application under the standards set forth in Subsection D(2) hereof and sustain or overrule the decision of the Director within seven (7) days. The decision of the Township Council shall be final.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673]
(4) 
Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
(5) 
Liability of permittee. The person or persons to whom a permit is issued shall be liable for any 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.
(6) 
Revocation. The Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673]
[Amended 6-28-76 by Ord. No. 76-142-A; 5-13-85 by Ord. No. 85-673; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
A. 
Officials. The Director of Parks, Park Rangers, Parks Foreman and designated Department of Parks employees shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
B. 
Ejectment. The Director of Parks, Park Rangers and designated Department of Parks employees shall have the authority to eject from the park any person acting in violation of this chapter.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
C. 
Seizure of property. The Director of Parks, Park Rangers and designated Department of Parks employees shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this chapter.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
D. 
Issuances of summons. The Director of Parks, Parks Foreman, Park Rangers and designated employees of the Department of Parks shall have the authority to issue summonses before the Municipal Court to any persons acting in violation of this chapter.
[Amended 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
E. 
Park Rangers as wildlife protectors. The Director of Parks and all Park Rangers are designated protectors of all wildlife in parks and public lands. The role and duties of Park Rangers as wildlife protectors will be to:
[Added 10-12-77 by Ord. No. 77-142-E; amended 5-13-85 by Ord. No. 85-637; 7-26-99 by Ord. No. 99-27; 4-13-15 by Ord. No. 15-06]
(1) 
Enforce the hunting ban in East Brunswick parks and public lands.
(2) 
Cooperate with and assist the animal control officer with the control and/or preservation of wildlife on private property in the Township.
(3) 
Cooperate with state wildlife officers in promoting wildlife conservation programs in the Township.
(4) 
Cooperate with and assist state wildlife officers in stocking fish in Township waters and tributaries.
(5) 
Assist in wildlife related programs conducted by the Township.
[Amended 2-13-78 by Ord. No. 78-302]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, General Provisions, Article I. Each day such violations are committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Added 6-11-01 by Ord. No. 01-19; amended 3-25-2019 by Ord. No. 19-04]
The following fines shall be charged for violations of rules and regulations governing the use of parks, public lands, school property and indoor public places.
Title
Fine
2nd Offense
Intoxicants/Alcoholic Beverages
Alcohol permit required
$100.00
$200.00
Group Use/Meeting/Exhibitions
Group Permits/Supervision of Minors
$50.00
$100.00
Meetings, Exhibitions
$70.00
$150.00
Amplified Music
$50.00
$100.00
Pets/Horses
Dogs/Cats; unleashed, fecal matter
$50.00
$100.00
Horses; unbridled, improperly hitched
$50.00
$100.00
Refuse
Improperly disposing
$100.00
$200.00
Natural Features/Wildlife
Harm to Natural Features
$50.00
$100.00
Feeding Wildlife
$50.00
$100.00
Fires/Fireworks
Fires
$50.00
$100.00
Fireworks/Explosives
$50.00
$100.00
Hunting/Fishing
Firearms/Weapons
$50.00
$100.00
Hunting
$50.00
$100.00
Restricted Uses and Areas
Park Use
$50.00
$100.00
Carnival Rides
$50.00
$100.00
Game and Area Permits
$50.00
$100.00
Swimming
$50.00
$100.00
Boating
$50.00
$100.00
Ice Skating
$50.00
$100.00
Flying Objects
$50.00
$100.00
Aims and Contributions
$50.00
$100.00
Commercial Uses
Vending
$100.00
$200.00
Advertising
$50.00
$100.00
Gambling
$25.00
$ 50.00
Vehicles/Parking
All provisions of Title 39
$50.00
$100.00
Restricted Traffic
$50.00
$100.00
Speeding
$50.00
$100.00
Obeying Rangers
$100.00
$200.00
Careless Driving
$75.00
$150.00
Vehicle Parking
$50.00
$100.00
Obstruction of Travel
$50.00
$100.00
Commercial Vehicles on Park Property
$50.00
$100.00
Demonstrating and Instructing
$50.00
$100.00
Hitch-hiking
$50.00
$100.00
Washing Cars
$50.00
$100.00
Towing or Projecting Load
$50.00
$100.00
Disorderly Persons
Loitering
$50.00
$100.00
Resisting, Impersonating, Interfering
$50.00
$100.00
Harassment
$50.00
$100.00
Indecent Exposure
$50.00
$100.00
Hours of Operation
Opening, Closing, After Park Hours
$50.00
$100.00
Each day such violations are committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Added 11-13-78 by Ord. No. 78-97]
A. 
Restrictions. Public lands designated by the Township Council or otherwise dedicated or restricted pursuant to law and pursuant to the Recreation and Parks Master Plan as parks and play areas may not be sold.
B. 
Reservations, natural easements and trails. Other public lands designated by the Superintendent of Public Lands or his or her successor as reservations, natural easements and trails may not be sold unless the Township Council shall have made a determination that such lands are not needed for public use, nor may they be converted for other public uses without the adoption of a resolution of approval by the Township Planning Board and the Township Council.
C. 
Undesignated open space. Public lands designated as undesignated open space may not be sold or converted for other uses without the written approval of the Township Council.
D. 
Public purpose areas. Public lands designated as public purpose areas may not be converted for other public uses without the written approval of the Superintendent of Public Lands and the Township Administrator.
E. 
Conversion of undesignated open space. Public lands designated as undesignated open space may be used or converted for any reasonable public use as determined by the Superintendent of Public Lands.
F. 
Conversion of lands to reservations. Portions of any park area, public purpose area, natural easement or trail area or undesignated open space area may be designated as a reservation by the Superintendent of Public Lands.
[Added 3-18-13 by Ord. No. 13-10]
Smoking shall be prohibited on all public land, except in areas specifically designated by the Township and suitably equipped for that purpose. For purposes of this section only, public streets and highways as defined in Title 39 of New Jersey's Revised Statutes, including any sidewalks abutting same, shall not be considered public land.
[Added 2-13-90 by Ord. No. 90-5; amended 10-25-93 by Ord. No. 93-60; 12-27-93 by Ord. No. 93-79]
A. 
The Township Council has determined that it is in the best interest of the residents of the community to establish a procedure for the naming of public parks, buildings, and places and to establish recognition for officials involved in acquisition, construction and dedication of these facilities.
B. 
No park, public building or portion thereof, lands or place shall be named after any living individual.
[Added 12-27-93 by Ord. No. 93-79]
C. 
The name of any park or public lands shall include words which will denote a general geographic area, where possible, in which it is located within the Township. The name shall be established by ordinance passed by Council.
D. 
Any plaque commemorating the park, public lands, or public facility, if it includes names of mayors or members of Council shall include, at a minimum, the names of all mayors and Council members who were involved in the project from initial formal action by Council through the completion of the acquisition or development at time of dedication.
[Added 4-6-09 by Ord. No. 09-09]
In accordance with and pursuant to N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44 and P.L. 1997, c. 181, the Drug-Free School Zone Maps, consisting of one sheet, prepared by Gregory Potkulski, PE, Manager of Engineering Services, dated March 17, 2009, is hereby approved and adopted as an official finding and record of the location and boundaries of the areas within the Township of East Brunswick on or within 1,000 feet of any property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board.
[Added 4-6-09 by Ord. No. 09-09]
The Drug-Free School Zone Maps approved and adopted pursuant to § 158-15 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this article shall be amended to approve amended Drug-Free School Zone Maps to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Added 4-6-09 by Ord. No. 09-09]
The School Board or the Chief Administrative officer in the case of any private or parochial elementary or secondary school is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Added 4-6-09 by Ord. No. 09-09]
The Township Clerk is hereby directed to receive and to keep on file as an official record the original of the Drug-Free School Zone Map approved and adopted pursuant to § 158-15 of this article and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of each such map and of the ordinance enacting this article shall be provided without cost to the Middlesex County Clerk and to the Office of the Middlesex County Prosecutor.
[Added 4-6-09 by Ord. No. 09-09]
The following additional matters are hereby determined, declared, recited and stated:
A. 
The maps approved and adopted pursuant to § 158-15 of this article were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and, pursuant to N.J.S.A. 2C:35-7, these maps shall constitute prima facie evidence of the following:
(1) 
The location of elementary and secondary schools within the Township of East Brunswick
(2) 
The boundaries of the real property which is owned by or leased to such schools or a school board.
(3) 
That each such school property is and continues to be used for school purposes.
(4) 
The location and boundaries of areas which are on or within 1,000 feet of each such school property.
B. 
All of the property depicted on the maps approved and adopted herein as school property was owned by or leased to an elementary or secondary school or school board and was being used for school purposes as of March 17, 2009.
C. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44 and P.L. 1997, c. 181, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the ones approved and adopted pursuant to § 158-15 of this article. The failure of any map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to an elementary or secondary school or school board or that such property is not used for school purposes.
D. 
All of the requirements set forth in N.J.S.A. 2C:35-7, as amended by P.L. 1988, c. 44 and P.L. 1997, c. 181, concerning the preparation, approval and adoption of Drug-Free School Zone Maps have been complied with.
[Added 4-6-09 by Ord. No. 09-09]
In accordance with and pursuant to the authority of P.L. 1997 c. 327 (N.J.S.A. 2C:35-7.1) as amended by P.L. 1988, c. 44 and P.L. 1997, c. 181, the Drug-Free Public Park and Public Building Zone Map prepared by Gregory Potkulski, PE, Manager of Engineering Services, dated March 17, 2009, is hereby approved and adopted as an official finding and record of the location and areas within the Township of East Brunswick of property which is utilized as public parks and public buildings, owned, leased or controlled by the Township of East Brunswick, and of the areas on or within 500 feet of said properties.
[Added 4-6-09 by Ord. No. 09-09]
The Drug-Free Public Park and Public Building Zone Map approved and adopted pursuant to § 158-20 of this article shall continue to constitute an official finding and record of the location and boundaries of areas on or within 500 feet of the real estate comprising public parks and public buildings owned, leased or controlled by the Township of East Brunswick until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of the public housing facilities, public parks and/or public buildings and drug-free public areas within the Township of East Brunswick.
[Added 4-6-09 by Ord. No. 09-09]
The Township Clerk is directed to receive and to keep on file the original of the Drug Free Public Park & Public Building Zone Map approved and adopted pursuant to § 158-20 of this article and to provide at reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this article shall be provided without cost to the Middlesex County Clerk and the office of the Middlesex County Prosecutor.
[Added 4-6-09 by Ord. No. 09-09]
The following matters are hereby determined, declared, recited and stated:
A. 
It is understood that the map approved and adopted pursuant to § 158-20 of this article was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of the State of New Jersey, and that pursuant to state law, such map shall constitute prima facie evidence of the following:
(1) 
The location of public parks and public buildings owned, leased or controlled by the Township of East Brunswick.
(2) 
The boundaries of the real property which is utilized in connection with public parks and public buildings owned, leased or controlled by the Township of East Brunswick.
(3) 
That such property continues to be used as public parks and/or public buildings.
(4) 
The location and boundaries of areas which are on or within 500 feet of such public parks and public buildings.
B. 
Except as is otherwise expressly noted on the face of the approved map, all of the property depicted on the map as drug-free public park and drug-free public building area was owned, leased or controlled by the Township of East Brunswick and was being used for public parks and/or public buildings as of March 17, 2009.
C. 
Pursuant to the provisions of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 159-20 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public parks and/or public buildings and which is owned, leased or controlled by the Township of East Brunswick, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the location and boundaries of such property which has not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned or leased by the Township of East Brunswick or that such property is not used for public parks or public buildings.
D. 
All of the requirements of P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1) concerning the preparation, approval and adoption of a drug-free public area map have been complied with.
[Added 4-6-09 by Ord. No. 09-09]
If any article, section, subsection, paragraph, phrase or sentence of this article is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, said article, section, subsection, paragraph, phrase or sentence shall be deemed separable and shall not affect the validity of the remaining portions hereof.