AN ORDINANCE OF THE TOWNSHIP OF BERKELEY AMENDING CHAPTER XXVI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF BERKELEY ENTITLED “BEACHES AND RECREATIONAL AREAS.”

                                                                                    December 8, 2009

BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF BERKELEY, COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows:

SECTION 1.  Chapter XXVI, § 26-1.19 entitled "Recreation Exemptions" shall be amended as follows:

26-1.19   Recreation Exemptions.

a.     A disabled veteran of any war, who is a permanent resident or taxpayer of the Township and who is certified by appropriate Federal authorities as being qualified for a permanent combat related disability of thirty (30%) percent or more, shall be exempt from the payment of any fees or other charges for the use of any recreational facilities of the Township as provided for in this Code.

b.     Definitions. As used in this chapter:

        Veteran shall mean any person who has served and was discharged under honorable conditions or is currently serving the country in the Army, Navy, Air Force, Marines and Coast Guard, including all Reserves and National Guard personnel attached to these branches, as well as those who serve in the Merchant Marine in time of war.

        Veteran of any war shall mean any veteran who served in the active military, naval or air service during a period of war.

c.     All active military service members, spouses and their children shall be exempt from the payment of any fees or other charges for the use of any recreational facilities of the Township as provided for in this Code upon presentation of appropriate identification.

SECTION 2.  If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.

SECTION 3.  All ordinances or resolutions or parts of ordinances or resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 4.   Pursuant to the provisions of law, this Ordinance shall take effect twenty (20) days after its passage by the Township Council and approval by the Mayor, where such approval is required by law. 

SECTION 5.  A certified copy of the within Ordinance be forwarded by the Township Clerk to the following:

                        1.         Mayor and Council Members

                        2.         Business Administrator

                        3.         Township Attorney

                        4.         Superintendent of Recreation, Parks & Beaches