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Home My Public Portal AboutOrd. 05-13 No. 05-13 Qf)rúnmtttt nf ±4t lßnrnu£4 nf Clht:dtrd, ~~ W~ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING AND SUPPLEMEl'ìTING THE CODE OF THE BOROUGH OF CARTERET RESTRICTING THE USE OF SKATEBOARDS WITHIN THE BOROUGH'S PARKS WHEREAS, Borough Council has determined that the use of skateboards within certain areas of the Borough's Parks and upon the equipment and other faci:'ities located therein has created a dangerous condition threatening the safety of the public and has resulted in damage to the equipment and facilities; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey that the Cod" of the Borough of Carteret be amended and supplemented as follows: Section 1. No person shall operate a skateboard within any area of a Borough Park or other Borough Property that has been restricted from such use by directive of the Superintendent of Parks or his designee. Additionally, it shall be unlawful for any person to operate a skateboard upon any equipment and/or facility located within a Borough Park or upon other Borough Property that has not been designed arid installed for such use, Section 2. Any parent or guardian having custody of a minor child who knowingly permits that child to operate a skateboard in violation of the provisions of this Ordinance shall be guilty of a violation thereof. Section 3. In addition to any other penalty which may be imposed by law for violation for this Ordinance the Superintendent of Parks, upon receiving information that any person has been accused of violating any provision of this Ordinance, shall require that person to appear before him or his designee for a hearing. The accused person shall be notified of the time and place of the hearing, of the time and place of the alleged offense, and of the general nature of the acts constituting the alleged offense. Written notice shall be served on the accused person not less than five (5) days before the date of the hearing, no special form shall be required. At the hearing, the accused shall have the same rights as a person charged before the Municipal Judge with a violation of the provisions ofthis Code. If the Superintendent of Parks or his designee is satisfied by clear and convincing evidence that the accused is guilty as charged, he may prohibit the accused from making use of the Borough Parks for whatever period in his discretion seems just, or where the offender has been found guilty of a flagrant or a repeated violation of this Ordinance, he may permanently ban the offender from the Borough Parks. NO. 05-13 II Section 4. All Ordinances and/or provisions thereof inconsistent with the provision ofthis Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 5. If any section, subsection, part, clause or phrase ofthis Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause of phrase shall be deemed to be sever able from the remainder of this Ordinance. PAGE7 Of 2 Section 6. This Ordinance shall take effect upon passage and publication according to applicable law. I d DO NOT USE SPACE BELOW THJS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A,B. BELLINO X NAPLES X DIAZ X RIOS X .. KRUM X SITARZ X x - Indicate VOl!:. AB . Absent NY . Not Voting XOR· Indicates Vote to Overrule YeW Cp _,-\dopted on first r~adjng ofrhe Council oftne Borough of'Carteret, N.J., on February 17. 2005 Adopted on second readmg after hearing on March 10, 2005 ~:'7r--M~' - 6døL~$~~ ./ . MV ¡C¡PAL CLERK ~ '--..J Affidavit of Publication Publisher's Fee $79.20 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 2/22/05, '¡':i¡j\¡¡!" ", !,':":r::r.iiì " A.D.,2005 \\' \ \~----!- \ \\(\~ {¿. ~\Oë.^~ sworn and subscribed before me this 22nd day of February, A,D., 2005 r<., r·.· -" <:-----c--_ BOROUGH OF CARTERET shall be deemed to be severable from the remain- der of this Ordinance. Section 6. This Ordinance shall take effect upon passage and publication according to applicable law. The foregoing ordinance was introduced at, a meeting of the Council of the Borough of Carte~et held February 17. 2005 when It was adopted oOn First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on March 10, 2005 at approximately 7:00 P.M., Municipal Court/Police Facility. 230 Roosevelt Ave- nue, Carteret, New JerseK at which time and place f~ g:rh~~~d~nterested wi be given an opportunity ~~i~T:3 ~ù~~r;:r Clerk ($79.20) 14461 c~ # ORDINANCE #05-13 AN ORDINANCE AMENDING AND SUPPLE- MENTING THE CODE OF THE BOROUGH OF CARTERET RESTRICTING THE USE OF SKATEBOARDS WITHIN THE BOROUGH'S PARKS WHEREAS, Borough Council has determined that the use of skateboards within certain areas of the Borough's Parks and upon the equipment and other facilities located therein has created a dan"erous h~~di~~~lt~Jef~e~~~~~: ~~e~~eOfe~hujp~~nl[ =~~ facilities; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey that the ;uOd~e~~~:e:~SofJíro~~:Carteret be amended and ~ection 1. No person shall operate a skateboard within any area of a Borough Park or other Bor- ough Property that has been restricted fron; such use by directive of the Superintendent of Parks or his designee. Additionally. it shall be unlawful for :~~i:~;~~nan~%~Pf~~:iiy Îocsakt~~~~th~ ~~oo~o~~h Park or upon other Borough Property that has not been designed and installed for such use. Section 2. Any parent or guardian having custody ~~:r~i;~ ;~~~~:oha~~~~~)i~f~1i~~r~i\~~h~~oCV~~i~~~ of this Ordinance shall be guilty of a violation thereof. Section 3. In addition to any other penalty which may be imposed by law for violation for this Ordi- ce the Superintendent of Parks, upon receiving mation that any person has been accused of Jting any provision of this Ordinance, shall re- _ ,,'e that person to appear before him or his óesiffnee for a hearing. The accused person shall be ri~~I~~df ~I~~~i~t t'h~d f¡1:~:do~~re~~:.a~g~' ~: m: ~rf~~rSa~. W;i~~:no~¿~i~ea;~sallo~:t~~r~~å ~ne t~~ega~~ cused person not less than five (5) days before the date of the hearing. no special form shall be re- quired. At the hearing, the accused shan have the same ~ir:~~; ~itha a ~?~r~iori~¡¡rtt~d p~~~~i~n;h~f t~is"C:~~~I. If the Superintendent of Parks or his designee is satisfied by clear and convincing evidence that the accused is guilty as charged, lie may prohibit the accused from making use of the Borough Parks for whatever period in his discretion seems just. or where the offender has been found gUilty 01 a flagrant or a repeated violation of this Ordmance, he may permanently ban the offender from the Bs~~f.~:a¡~sAII Ordinances and/or provisions thereof inconsistent with the provision of this Ordi- nance shall be and are hereby repealed as to the extent of any such inconsistencies orS:;~~~~ ~i :~i~n6r~?~~i~~~ ;h~~e~~í~~~I~~~~ i~~~IT~ ~~~ ,u~~:~eec1~ o~~ :~6s:c~Y~~. o¿a~~~Fa~}:e" ~JU~~~~i~~ Affidavit of Publication -.-- Publisher's Fee $13.64 State of New Jersey} 55. MIDDLESEX COUNTY i -' , c: c , .....,.../ A "davit Chá~. Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold. NJ~~ed In NEPTUNE, In said County and state, and of general circulation In said county. wh(}~sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 3/151D5. PATRICIA W. TOWNSEND NOTARY PUBL![' OF NEW JERSEY MY COMMISSION F ocr 2, 2005 BOROUGH OF CARTERET ORDINANCE #05-13 AN ORDINANCE AMENDING AND SUP· PLEMENTING THE CODE OF THE BOR- OUGH OF CARTERET RESTRICTING THE USE OF SKATEBOARDS WITHIN THE BOR- OUGH'S PARKS APPROVED AND ADOPT- ED: March 10, 2005 INTRODUCED: February 17, 2005 Advertised as adopted on first reading with no- tice of Public Hearing: February 22, 2005 Hearing Held: March 10, 2005 ~~NI~le~. ~~;M~~YOR Advertised as finally (~¥~I~:~ ~~rg:r~~y 2005 Municipal Clerk ($13.64) 36552 A.D.. 2005 .~. \ ~ ..............~..~ \ \ \ v . 1\ ~"ùl"'^'--"'\ .' i ÿ,,--- Sworn and subscribed before me this 15th day of March, A.D.. 2005