Township of East Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Amwell 10-8-1981 by Ord. No. 81-10. Amendments noted where applicable.]
GENERAL REFERENCES
Park rental fees — See Ch. 75, Art. I, § 75-1.
Littering — See Ch. 97.
Tree harvesting — See Ch. 129.

§ 106-1 Purposes.

These rules and regulations are established pursuant to N.J.S.A. 40:61-1 et seq. for the following purposes:
A. 
To facilitate maximum use of public facilities by the general public.
B. 
To coordinate the use of park and recreation facilities, thus assuring maximum opportunity for use through the convenience of advance reservations.
C. 
To provide facilities at minimal cost to the general public, but where exclusive use takes place or special handling is required, to assess the appropriate fee.[1]
[1]
Editor's Note: See Ch. 75, Fees, Art. I, Miscellaneous Fees, § 75-1.
D. 
To coordinate the public use of facilities with maintenance, construction and other activities.

§ 106-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMITTEE
The Township Committee of East Amwell Township.
PARK OR RECREATIONAL FACILITY
A park in the township owned and used by the township and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of East Amwell.
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.

§ 106-3 Use of facilities.

[Amended 11-10-2005 by Ord. No. 05-31]
A. 
Permit requirements for Marion F. Clawson Memorial Park:
(1) 
When there are more than 40 participants at one gathering, a permit is required. The applicant seeking issuance of the permit shall file an application in writing with the Municipal Clerk, stating the name and address of the applicant; name and address of person, corporation or association sponsoring the activity, if any; the day and hours for which the permit is desired; the park or portion thereof for which the permit is desired; a reasonable estimate of the anticipated attendance; type of activity for which the permit is desired; anticipated age group of the expected participants; and any other information reasonably required of the applicant.
(2) 
A deposit of $500 is required for all permits for use of the Marion F. Clawson Memorial Park. Unused deposits will be returned to applicant upon verification of conditions of the park after the event. The expense to clean the restroom, to remove trash or for any repairs related to the activity will be deducted from the deposit.
(3) 
The applicant shall provide a certificate of liability insurance in the amount not less than $1,000,000 combined single limit, naming the Township of East Amwell as an additional insured. The insurance requirement shall not apply to political and religious rallies or meetings of nonprofit groups. However, these groups are required to provide waivers of liability.
(4) 
The applicant is required to complete a hold-harmless agreement, which is part of the application for use of the park.
(5) 
All permit holders shall be responsible for insurance of all participants and making sure that spectators adhere to park rules and for summoning the police if individuals fail to do so. Unsafe conditions should be reported to the Municipal Clerk not later than one business day after its use. The applicant should insure upon conclusion of the use that the park is left in the same condition in which it was found, including removal of any equipment, and clean up and proper disposal of any litter.
(6) 
The Township may refuse to issue a permit where the applicant has violated the conditions of a permit issued on a previous occasion, and the Township may rescind a permit which has been issued for a material misrepresentation of fact on the application.
(7) 
Persons and/or organizations may reserve a facility, an area of open space or recreation area for limited specific use on forms available through the Township; however, such reservation and permission to use the facility shall be subject to the sole discretion and continuing jurisdiction of the Township and subject to the rules and regulations imposed herein, and such other conditions related to public health, safety and well-being imposed by the Township.
(8) 
All permit holders, participants, attendees and groups using the park shall remove their personal property at the conclusion of the event, and the Township shall not be responsible for personal property left unattended.
(9) 
Any newspaper items or announcements about use of the parks must be reviewed by the Township Committee or its designee.
(10) 
Appeal process: Within five days following the next regularly scheduled Township Committee meeting after the receipt of an application, the Committee shall apprise an applicant, in writing, of its reasons for refusing a permit, and in the event the decision is by a designated agency of the Committee or the Clerk, any aggrieved person shall have the right to appeal to the Township Committee by serving written notice thereof on the Township Clerk within five days of said refusal. A copy of said notice shall also be served on the designated agency within the same time, and said agency shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under this appeal process. The Township Committee has the authority to sustain or overrule the designated agency's decision within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Township Committee shall be final.
(11) 
Standards for issuance of a use permit shall include the following:
(a) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(b) 
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
The proposed activity will not entail extraordinary or burdensome expense on the Township.
(d) 
The facilities desired have not been reserved for other use at the date and hour requested in the application.
(e) 
The proposed activity and use will be limited to no more than 250 people.
(f) 
If the gathering is more than 40 people, portable toilet(s) are required and must conform to the East Amwell Board of Health ordinance covering chemical toilets.[1]
[1]
Editor's Note: See Ch. 168, Sanitation Units and Chemical Toilets, Portable.
(g) 
If a permit is issued for use of the park, it must be displayed during the day of the event.
B. 
Hours of operation.
(1) 
All recreation areas and open spaces are open from one-half hour after sunrise and closed in the evening one-half hour before sunset. No person shall enter recreation areas except during their hours of operation.
(2) 
When the gates are shut at Marion F. Clawson Memorial Park, the park is not open to the public. The Township can temporarily close the park to the public as necessary, and signs will be posted.
(3) 
With permission obtained from the East Amwell Township Recreation Committee, the municipal ball fields, exclusive of Clawson Park, will be available for public use for night games and active recreation practices. Approval of ball field use is scheduled through the East Amwell Recreation Committee using the field use forms provided by the East Amwell Recreation Committee.
(4) 
Ball fields at Marion F. Clawson Memorial Park are for passive recreation use only; no league games will be scheduled.
C. 
Rules and regulations. The following rules and regulations apply to Township park and recreational facilities:
(1) 
Persons shall enter or leave the park through established entry and exit ways.
(2) 
All accidents should be reported within 24 hours to the Municipal Clerk at (908) 782-8536. An accident report is attached to the application for use form for the Marion F. Clawson Memorial Park and the recreation use form for municipal ball fields.
(3) 
East Amwell Township has trash receptacles at its parks for use by individuals, and persons shall not bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. Use proper receptacles when provided. If receptacles are not provided, all rubbish shall be carried away from the area by the person responsible for its presence and properly disposed of elsewhere. When sponsoring a group event, organizers shall remove their refuse from the park and Township property.
(4) 
Proper use of fields/facilities is required. Any damage or alteration of same, other than from normal use, shall be considered a violation of these rules and regulations and shall be prosecuted, and violators will be responsible for reimbursing the Township for repairs of all damages and related costs.
(5) 
The pavilion at Marion F. Clawson Memorial Park is available on a first-come, first-serve basis, unless a permit has been issued for groups of 40 members or more.
(6) 
There is a sign-up sheet at the Municipal Clerk's office for use of the tennis court, and the calendar will also be posted at the park. Use of the tennis court should be limited to 1 1/2 hours if there are other players waiting.
(7) 
If the grill is used at the Marion F. Clawson Memorial Park, the person responsible for the fire must stay until it is completely extinguished.

§ 106-4 Prohibitions.

[Amended 9-13-2001 by Ord. No. 01-19;11-10-2005 by Ord. No. 05-31]
The following prohibitions apply to Township park and recreational facilities:
A. 
No person shall damage, deface, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers, fruits, berries or seeds of any tree or plant, or pick anything planted or growing. No person shall attach any rope, wire or any other contrivance to any tree or plant, dig or disturb grass areas, or injure or impair the natural beauty or usefulness of any area. No person shall excavate, remove, add to or alter in any way any rock, soil, stone or sand.
B. 
No person shall mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridge, table, bench, fireplace, railing, paving or paving material; waterline or other public utilities or parts or appurtenances thereof; sign, notice or placard, whether temporary or permanent; monument, stake, post or other boundary marker; or other structure or equipment, facilities or property or appurtenances whatsoever.
C. 
No person shall climb any tree or wall, stand or sit upon monuments, vases, planters, fountains, railings, fences, or upon any other property not designated or customarily used for such purposes.
D. 
Nothing shall be thrown or discharged in waters or streams to cause pollution.
E. 
No person shall possess, use or consume any alcoholic beverage or controlled dangerous substance or related paraphernalia, as such items are defined in the New Jersey Statutes, Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.); Controlled Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.), or as these statutes may be amended.[1]
[1]
Editor's Note: See Ch. 50, Alcoholic Beverages.
F. 
No person using the facilities shall do, perform or engage in or encourage others to do, perform or engage in any act or activity that is prohibited by the laws of the State of New Jersey or ordinances of the Township of East Amwell.
G. 
No dogs or domestic animals are allowed to run at large. All such animals shall be restrained at all times on adequate leashes not greater than six feet in length. All persons bringing such animals to the open space and recreation areas shall have in their possession at all times appropriate sanitary means, including but not limited to shovels or other implements and containers or disposal bags, and such person shall immediately remove and dispose of all feces and droppings deposited by the dog or other animal. Animals are prohibited in the gazebo, pavilion, the tennis courts, ball fields, and the children's playground area. No animals should be tethered to any structure at the park nor to any tree or shrub, and the animals should be under control of the person bringing the animal to the park at all times.[2]
[2]
Editor's Note: See Ch. 53, Animals, Art. I, Dogs.
H. 
No horseback riding shall be permitted, and horses are prohibited.
I. 
No person shall bring into, carry or have in his possession, use or discharge, any firearm or weapon, as defined in N.J.S.A. 2C:39-1 et seq., or as may be amended. Fireworks are illegal and regulated under N.J.S.A. 21:2-1 et seq. and N.J.S.A. 21:3-1 et seq.
J. 
No person shall use loud, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to cause a breach of the public peace.[3]
[3]
Editor's Note: See Ch. 163, Nuisances.
K. 
No person shall play any tape player, CD player, musical instrument or sound device in a manner which would tend to annoy or disturb the peace and good order of the park or of properties adjacent thereto.
L. 
No golfing is allowed.
M. 
No hard balls are allowed.
N. 
Proper use of fields/facilities is required. Any damage or alteration of same, other than from normal use, shall be considered a violation of these rules and regulations and shall be prosecuted as such, in addition to reimbursing the Township for repairs of all damages and related costs.
O. 
No target practice and no hunting are allowed.
P. 
No person shall be allowed to sell or solicit on site. This prohibition may be waived for nonprofit organizations. No commercial enterprises or uses are allowed without written consent by the Township Committee.
Q. 
No smoking is allowed.
R. 
No metal detectors or similar devices are allowed without prior written consent of the Township Committee.
S. 
No person shall enter restricted areas without written consent of the Township Committee.
T. 
No person shall wash an automobile on the site.
U. 
No person shall use the Township properties and facilities contrary to posted or permitted instructions. The police can eject persons in violation and have the authority to seize or impound any item or device prohibited under this chapter or used in connection with any violation of the chapter.
V. 
No person shall play games of chance, participate in the conduct of a lottery, except as to those lotteries which are permitted by the State of New Jersey, or use or operate any gaming table or instrument, or sell futures or fortunes.
W. 
No person shall sell or offer for sale any food, object or merchandise or any other thing except with written permission of the Township Committee.

§ 106-5 Minors.

[Amended 11-10-2005 by Ord. No. 05-31]
A. 
Parents are responsible for violations of minors at park and recreational facilities, and no minors under the age of seven are allowed to use the playground equipment at the park without adult supervision.
B. 
Children under the age of 12 are not permitted at the Marion F. Clawson Memorial Park without adult supervision.

§ 106-6 Vehicles.

[Amended 11-10-2005 by Ord. No. 05-31]
The following vehicle rules apply to Township park and recreational facilities:
A. 
No person shall be allowed to ride bicycles without reasonable regard for the safety of others, and bicycles shall not be ridden on the playing fields, the tennis court, or in the gazebo and pavilion areas.
B. 
No motor vehicles shall stand or park anywhere but in designated parking areas. No vehicles shall be driven on the turf area except for Township-authorized vehicles.
C. 
No person shall drive a vehicle more than 10 miles per hour in the designated driving area.
D. 
No ATVs, four-wheelers/three wheelers, skateboards, minibikes, dirt bikes, snowmobiles, or other such type vehicles are allowed, except for Township-authorized vehicles.
E. 
No person shall allow any vehicle to remain after closing hours, except by special permission of the Township Committee.

§ 106-7 Violations and penalties.

The penalty for violation of any of the provisions of this chapter unless otherwise provided by law shall be one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days.