[HISTORY: Adopted by the Township Committee
of the Township of Hainesport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-13-1982 by Ord. No. 1982-14; amended in its entirety 7-23-2002 by Ord. No. 2002-8-6]
[Amended 4-9-2019 by Ord.
No. 2019-2]
The purpose of this article is to establish rules and regulations
governing the use of public parks and recreation areas in the Township
of Hainesport. Rules of acceptable conduct are established herein
for all persons using public park facilities, as well as prohibited
activities and procedures for obtaining use permits.
While in a public park or recreational area,
all persons shall conduct themselves in a proper and orderly manner,
and, in particular, all persons shall obey the following regulations:
A.
All areas and facilities shall be available on a first-come,
first-served basis unless the Township has authorized the use of such
facilities or areas for specific designated times by written permission
as provided for herein. Township officials shall have the authority
to regulate activities and use of facilities in such areas to prevent
congestion and to secure maximum use for the comfort and enjoyment
of all. Visitors shall comply with any directives given for this purpose.
The use and duration of any facility shall be reasonable in relation
to the number of persons desiring to use such facilities. No person
shall arbitrarily or unreasonably exclude or prevent other persons
from using such facilities.
B.
No person shall utilize any facility or area of a park or recreational
area for other than the designated use of said facility or area. Participating
in or abetting the playing of any games involving thrown or otherwise
propelled objects such as balls, stones, arrows, horseshoes, drones
or model airplanes shall be in those areas set apart for such forms
of recreation. The playing of rough or potentially injurious games
such as football, baseball, lacrosse and hockey shall be allowed only
on the fields, courts, or areas specifically provided for these uses.
Roller skating and skateboarding, if allowed, shall be confined to
those areas specifically designed for such activities.
[Amended 4-9-2019 by Ord.
No. 2019-2]
C.
Each person shall properly maintain all picnic areas by placing all
trash, refuse, recycling, garbage and debris in designated disposal
receptacles where provided. If no trash receptacles are available,
or if available but full, then trash and recycling shall be carried
away from the park area by the picnicker/visitor to be properly disposed
of elsewhere.
[Amended 4-9-2019 by Ord.
No. 2019-2]
D.
Each visitor shall maintain all rest rooms and washrooms
in a neat and sanitary condition. No person above the age of five
years shall use the restrooms and washrooms designated for the opposite
sex.
E.
Visitors shall not appear at any park or recreational
area nude or in other than appropriate and decent clothing; nor shall
any person dress or undress in any place, vehicle or structure except
those structures provided and designated by posted notice for such
purposes.
F.
Visitors shall not allow the entry of dogs or other domestic animals
into areas clearly marked "Domestic Animals Prohibited in this Area."
In areas where they are permitted, all pets and animals shall be restrained
at all times on adequate leashes not greater than six feet in length.
Dogs shall not be permitted to run at large unless in a designated
area specifically for such purpose following the rules posted for
that purpose. The riding of horses shall be on designated bridle trails
where permitted. Horses shall be thoroughly broken and ridden with
due care and shall not be allowed to graze or go unattended nor shall
horses be hitched to any rock, tree or shrub. Where domestic animals
are permitted, proper cleanup shall be completed by the responsible
persons; this requirement shall not apply to a blind person using
a guide dog.
[Amended 4-9-2019 by Ord.
No. 2019-2; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
G.
Visitors shall ride bicycles with reasonable regard
to the safety of others. Bicycling shall be confined to areas so designated
for such activity. Bicycles shall be parked in bicycle racks or other
areas when such facilities are provided.
H.
No minibike, snowmobile or all-terrain vehicle shall
be allowed on park grounds. No unauthorized person shall drive, operate,
use or bring into any park area an automobile, motorbike, motorcycle
or other motorized vehicle except on those road surfaces so designated
by the Township and only during the times set forth by said Township.
Vehicles shall be driven in accordance with posted directions or at
the direction of any authorized attendant who may be present.
No person in a public park or recreation area
shall:
A.
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railing, pavings or paving materials, water lines or public
utilities or parts of appurtenances thereof, posts, or other boundary
markers, or other structures of equipment, facilities or park property
or appurtenances whatsoever, either real or personal.
B.
Dig or remove any soil, rock, sand, stone, trees,
shrubs or plants or other wood or materials or make any excavation
by tool, equipment, blasting or other means or agency.
C.
Construct or erect any building or structure of whatever
kind, whether permanent or temporary, or run or string any public
service utility into, upon, or across such lands except on special
written permit issued hereunder.
D.
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or any seed of any tees
or plants, dig in the otherwise disturbed grass areas or in any other
way injure the natural beauty or usefulness of any area.
E.
Climb any tree or walk or stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
F.
Tie or hitch an animal to any tree or plant.
G.
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.
An exception to the foregoing is made in snakes known to be deadly
poisonous, or deadly reptiles, which may be killed on sight.
H.
Dump, deposit or leave any trash, dirt, bottles, broken
glass, ashes, paper, boxes, cans, rubbish, waste, garbage or other
refuse unless otherwise allowed to be deposited in authorized trash
receptacles.
I.
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park area.
J.
Bring alcoholic beverages or drink same at any time.
[Amended 10-14-2008 by Ord. No. 2008-7-9]
K.
Solicit funds for any purpose or sell, vend, peddle or offer for
sale any commodity, article, or services within any park, playground,
open space, building or property of the Township where such activity
is purely for pecuniary profit, or solicit funds for any purpose,
other than employees and officials of the Township of Hainesport or
persons having prior written permission from the Township.
[Amended 4-9-2019 by Ord.
No. 2019-2]
L.
Have in his possession or set or otherwise cause to
explode or discharge or burn any firecrackers, torpedo rockets or
other fireworks, firecrackers or explosives of inflammable material
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition includes any substance,
compound, mixture or article that, in conjunction with other substance
or compound, would be dangerous from any of the foregoing standpoints.
At the discretion of the Board of Recreation Commissioners, permits
may be given for conducting properly supervised fireworks in designated
park areas.
M.
Carry or possess firearms of any description or air
rifles, spring guns, bows and arrows, slings or any other form of
weapons dangerous to human safety and wildlife, or any kind of trapping
device; instruments that can be loaded with and fire blank cartridges
may be permitted upon application and approval of a special permit
in accordance with the standards and regulations set forth herein
or elsewhere in the ordinances of this Township. Shooting into park
areas from beyond park boundaries is forbidden.
N.
Gamble or participate in or abet any game of chance
except when such game is authorized by permit of the Township.
O.
Paste, glue, tack, nail or otherwise post any sign,
placard, advertisement or inscription; nor shall any person erect
or cause to be erected any sign on any public lands or highways or
roads adjacent to a park or recreational area.
P.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a valid permit.
R.
Sleep or protractedly lounge on the seats or benches or other areas.
[Amended 4-9-2019 by Ord.
No. 2019-2]
S.
Build a fire unless specifically authorized by the
Township, in writing, beforehand. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarette or cigars, tobacco paper
or other flammable material within any park or on any highways, roads
or streets abutting to contiguous thereto.
T.
Enter an area posted as "Closed to the Public"; nor
shall any person use or abet in the use of any area in violation of
posted notices.
A.
Except due to unusual and unforeseen emergencies,
parks shall be open to the public every day of the year during the
designated hours. The opening and closing hours for each individual
park shall be posted therein for public information.
B.
Any section or part of any park may be declared closed
to the public, at any time, either temporarily or at regular and stated
intervals (daily or otherwise), and either entirely and/or merely
for certain uses.
[Amended 4-9-2019 by Ord.
No. 2019-2]
B.
Applications are not required for the unreserved use of the parks,
playgrounds, courts, fields and open space areas which are available
to all visitors on a first-come, first-served basis during normal
park hours.
C.
Applications for the use of any municipal facility available for
use can be obtained in person at the Hainesport Township Municipal
Building located at 1401 Marne Highway, Hainesport. They can also
be found on the internet at www.hainesporttownship.com.
D.
Permits. The permit application must state:
(1)
The name and address of the applicant.
(2)
The name and address of the person, corporation or association sponsoring
the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park, or portion or specific field or court thereof, for which
such permit is desired.
(5)
The activity to be undertaken or reason for the application.
(6)
The number of persons anticipated to participate.
(7)
The age of the persons anticipated to participate.
(8)
The fee charged for participation in the activity for which the permit
is being sought.
(9)
Any other information which the Township shall find reasonably necessary
to make a fair determination as to whether a permit should be issued.
E.
Standards for issuance of a use permit by the Township. Standards
may include the following findings:
(1)
That the proposed activity or use of the park or recreational area
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not induce or tend to induce violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense or police or public works operation by the Township.
(5)
That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equaling the organization's
reasonable expectation of expenses to be incurred.
(6)
That the facilities desired have not been reserved for another use
at the date and time requested in the application.
F.
Permits issued. All permits issued shall be on the condition that:
(1)
The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
(2)
The person, persons or organization to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
by reasons of negligence of the person, persons or organization to
whom such permit shall have been issued. The Township shall have the
right to require that, prior to the issuance of a permit or commencement
of the activity, the applicant submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities in such amounts as may be from time to time
determined by the Township.
(3)
The permittee shall maintain the park, recreational area or facility
by removing all trash or debris and restoring the area or facility
to a condition equal to or better than its condition prior to the
granting of the permit. In the event that special or extraordinary
maintenance is required or additional costs are incurred for a proposed
use or activity, such costs shall be borne by the applicant.
(a)
Tournament or all-day permittees shall be responsible for cleaning
and restocking public restrooms during the course of use and at the
conclusion of the approved use.
(4)
No structures shall be erected or placed, no utilities installed,
run or extended and no alteration of a natural or man-made feature,
facility or object shall be allowed unless by the Township and, when
so authorized, in accordance with its requirements for such use and
alterations.
(5)
No permit shall be valid except for the facilities, area and time
expressly set forth therein.
(6)
Any other reasonable requirement, condition or restriction that the
Township authorizes.
(7)
Fees may be charged for a permit, and the Township may require a
cash deposit or bond in reasonable amount to ensure performance of
the terms and conditions of the permit, which deposit shall be refundable
after deducting the costs of necessary expenses incurred by the Township
in restoring the leased area to the condition the same was in at the
time the permit was issued, reasonable wear and tear excepted.
(9)
An original, signed liability insurance indemnification and waiver is required with certain applications (See § 123-5.3 below).
(10)
A certified summary of the team roster or membership list is
required with all facility use applications. The Township reserves
the right to require additional information as deemed necessary.
G.
Submission of permit applications. Applications for permits shall
be submitted to the Township Clerk. If a permit is denied, the applicant
shall be given written notice setting forth the reasons therefor.
H.
Denial of permit. If a permit is denied by the Township, the applicant
shall have the right to appeal said decision to the Township Committee
by serving written notice thereof on the Municipal Clerk within five
days of receipt of notice of denial. The Municipal Clerk shall forward
the application, the written denial and the written appeal notice
to the Township Committee so that an appeal may be heard at its next
regularly scheduled meeting, which shall be heard on the record without
public discussion. The Township Committee shall consider the application
under the standards set forth in this article. The Township Committee
shall thereafter affirm, reverse or modify the decision to deny the
permit within 30 days from the filing of notice of appeal. Written
notice of the decision of the Township Committee shall be given to
the applicant within 10 days thereof.
I.
Revocation of permit. The Township's authorized representative
shall have the authority to revoke a permit if the applicant, or any
person acting in his behalf, shall violate any of the provisions of
this article, or any rule or regulation of the Township or any of
the restrictions, terms or conditions under which the permit was issued.
In the event of such revocation, the applicant shall have the right
to appeal to the Township Committee in the same manner and on the
same terms set forth above.
J.
Hainesport Township reserves the right to prohibit, rescind or change
the use of facilities, without notice, regardless of prior approval
for use.
K.
Applications for the use of any municipal facility can be denied
at the discretion of the Township. Often certain fields must be rested
and allowed to grow, or maintenance work is needed.
L.
No facility use permit shall extend past December 31 of the year
of issuance; nor will be granted for longer than one year in duration.
It is the applicant's responsibility to file a new application
upon expiration.
[Added 4-9-2019 by Ord.
No. 2019-2[1]]
A.
All adult groups, organizations and/or leagues will be required to
pay a fee to use municipal facilities.
B.
Hainesport-based and Rancocas Valley sending-district-based youth
service and sports groups and the Hainesport Township Senior Citizen
Group are exempt from all seasonal fees.
C.
Commercial applicants are disallowed from using municipal facilities
unless sponsored directly by the Township of Hainesport or its authorized
representatives.
D.
If reserved fields or facilities are found to be unused (including
seasonally permitted fields), fees may be assessed and permit applications
may be revoked and denied for future use.
E.
Deposits.
(1)
A $200 returnable deposit (check or money order payable to Hainesport
Township) is required with all applications for use of athletic fields
and courts.
(2)
A $100 returnable deposit (check or money order payable to Hainesport
Township) is required with applications for nonathletic fields.
(3)
Users will be notified, in writing, by the Recreation Department
if any portion of the deposit is not returned due to facility damage.
[Added 4-9-2019 by Ord.
No. 2019-2]
A.
Formal organizations (i.e. RVS, scout troop, athletic leagues) that wish to use municipal facilities must maintain adequate insurance coverage and provide proof of coverage with their application. An original executed certificate of insurance, listing Hainesport Township as the certificate holder is required at the time of application. Informal groups, however, are free to use facilities without insurance coverage, contingent upon the execution of an indemnification and waiver, which is described in § 123-5.3. Insurance requirements may also be waived for municipally sponsored meetings or events. Determination as to whether a group is formal or informal will be made by the Township Administrator and Director of Recreation. Factors that will be considered include, but are not limited to, incorporation status, size of membership, frequency of gatherings, and existing insurance.
B.
Those users required to have insurance must present satisfactory
evidence (original executed certificate of insurance) of insurance
protection for participants, spectators, coaches and public within
the following terms and conditions: The applicant must maintain commercial
general liability insurance with limits of liability not less than
$1,000,000 per occurrence and aggregate; the policy will provide coverage
for the users' activities at the approved facility, and shall
state such activities on the certificate of insurance; the certificate
shall name the Township of Hainesport as the certificate holder and
as an additional insured for the full duration of the use of the facility
(facilities).
[Added 4-9-2019 by Ord.
No. 2019-2]
A.
Users must sign a waiver in which they agree to waive and relinquish
all claims, and causes of action, of every kind that they have or
may have against the Township of Hainesport arising out of the use
of the facility resulting in personal injury and/or property damage.
The users must recognize and acknowledge that they assume all risks
in connection with the use of the facility.
B.
Users must indemnify the Township of Hainesport of any and all liability
of loss, and against all claims or actions based upon or arising out
of damage or injury (including both) to persons or property caused
by or sustained in connection with the applicant's use of the
facility, and the defense of any such claims or action, whether the
liability, loss or damage is caused by, or arises out of negligence
of the Township of Hainesport, or any of the agents, employees or
otherwise. The user must further agree to reimburse the Township of
Hainesport for any and all expenses, attorneys' fees, or costs
incurred in the enforcement of this waiver and indemnification.
The Township, or its duly authorized representatives,
including the custodians, supervisors and assistants appointed by
the Township, or any police officer or state police trooper, shall
be responsible for the enforcement of this article. Said authorized
representatives shall have the authority to eject from any park or
recreation area any person or persons acting in violation thereof.
Law enforcement personnel shall have the authority to seize and confiscate
any property, thing or device which is being used in a park or recreational
area in violation thereof.
Any person who shall violate any rules, regulations
or bylaws duly adopted by the Township may be deemed and adjudged
a disorderly person by any court of competent jurisdiction, as provided
by law.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 4-9-2019 by Ord. No. 2019-2]
Any person violating any of the provisions hereof or any rule, regulation or bylaws of the Township shall, upon conviction, be subject to the penalty referenced in Chapter 1 of the Code of the Township of Hainesport, and the court may also order the replacement, repair or restoration of any property damaged by such person in a park or recreational area.
[Adopted 9-12-1995 by Ord. No. 1995-9-8]
The purpose of this article is to establish
hours of operation for certain public parks and facilities within
the Township of Hainesport.
The following public properties shall be closed
between the hours of 9:00 p.m. and 6:00 a.m., and it shall be unlawful
for any person to be in or at said public facilities between the hours
specified herein:
