As used in this chapter, the following terms
shall have the meanings indicated:
PARK
Includes all playgrounds and land area owned, controlled
or operated by the Borough and devoted to or used for recreational
purposes.
This chapter is enacted to establish rules and
regulations for the protection, care and control of Borough parks
and to regulate the conduct of persons on or within such parks or
using the facilities thereof.
No person shall violate any regulation adopted
by the Borough Council, or any rule made and promulgated by the Board
of Recreation Commissioners governing the use of Borough parks, the
facilities therein and the conduct of persons using such parks and
park facilities.
[Amended 4-13-2006 by Ord. No. 2006-5]
A. The fee for a permit for the use of Arbolino Park
or Indians Field shall be as follows:
(1) Athletic fields:
(b)
Per season, including practices: $400.
(c)
If lights are required, the expense shall be
the responsibility of the user.
(2) Other nonathletic use:
(a)
For a group of 20 people or less: $25.
(b)
For a group of over 20 people: $50.
B. The fee for a permit for the use of DiRenzo Park
or the Municipal Park at the corner of Ledgewood Avenue and Main Street
shall be as follows: $25 per use.
C. Permits and rates for the use of other park facilities
shall be such as may be required and established by the governing
body.
[Amended 2-14-2019 by Ord. No. 2019-3]
Applications for a park permit shall be filed
with the Board of Recreation Commissioners not less than seven days
before the date on which such activity is proposed. Such application
shall be made on a form promulgated by the Board and shall follow
the procedures established in the Board’s Park/Field Use Guidelines.
[Amended 2-14-2019 by Ord. No. 2019-3]
A. The grant
of a permit shall be conditioned upon the organization/individual
providing a certificate of insurance at least five business days prior
to the date of use.
B. The certificate
of insurance must indicate the following:
(1) Minimum
limits of $500,000 CSL personal liability for individual Borough residents
or $1,000,000 CSL general liability for businesses and all others
for bodily injury and property damage. The Board of Recreation Commissioners
may require higher liability limits upon review of the application
if the nature of activities planned justifies additional insurance
requirements.
(2) The
certificate of insurance shall name the Borough of Netcong, its officials,
agents and employees as additional insureds.
The Board of Recreation Commissioners shall
grant and issue such park permit if:
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 facilities desired have not been reserved for
other use at the day and hour required in the application.
D. The conduct of such activity will not substantially
interrupt the safe and orderly movement of traffic.
E. The conduct of such activity will not require the
assignment of an inordinate number of Borough police officers to properly
police such activity in the area contiguous thereto, thus inhibiting
the Borough's ability to maintain its normal standard of police protection.
F. The conduct of such activity is not likely to cause
injury to persons or property, incite violence, crime or disorderly
conduct.
G. Such activity is not to be held for the sole purpose
of advertising any product, goods or event and is not designed purely
for private profit.
Each park permit shall state the following:
B. Park or portion thereof to be used.
C. Hour when such activity shall start and terminate.
No person in any park or recreation area shall:
A. Kill, injure or disturb any animal or bird or damage
any grass, tree, shrub or plant or any building, sign, structure or
equipment upon any premises under the jurisdiction of the Borough.
B. Carry firearms or explosives, air rifles, bows and
arrows, sling shots or any weapons.
C. Throw, deposit, or place litter or any form of waste
material anywhere except in a trash container, including spitting
chewing tobacco.
[Amended 10-14-2021 by Ord. No. 2021-22]
D. Use any loud, violent, obscene or profane language
or to act in a disorderly manner or to commit any nuisance.
E. Break, throw or discard any glass on lawns, walks,
benches, tables or other areas on any park property.
F. Disturb or interfere with any improvements made or
being made in or about the parks.
G. Enter upon any portions of the grounds in disregard
of signs or posted notices forbidding the same.
H. Allow any dog to run at large in the parks. Any dog
found in any such park shall be deemed to be running at large unless
the owner of the dog carries him or leads him by a strap or rope not
exceeding six feet in length.
I. Sell, vend or give away, in or upon any of the parks
or drives, any articles of merchandise without the written authorization
of the Board of Recreation Commissioners.
J. Throw, cast, catch, kick or strike any baseball, golf
ball, football or basketball, or any other object except in designated
places.
K. Have alcoholic beverages in his or her possession,
without the written authorization of the Borough Council.
L. Throw or place any foreign or waste substance in any
lake or stream in or bordering upon any of the parks, or swim or bathe
therein except in such places and at such times as the Board of Recreation
Commissioners may direct.
M. Throw, cast, lay or drop, discharge into or allow
to remain in the waters of the parks or of any stream or lake bordering
thereon any substance, matter or things, which may or shall result
in the pollution of said waters.
N. Fail to comply with regulations posted or signs adjacent
to the entrance ways to said parks.
O. Ride or drive any off-road vehicle or all-terrain
vehicle (ATV), minibike or dirt bike within any park area.
P. Kindle or make any open fire.
Q. Violate any rule for the use of the park or its facilities
made or approved by the Board of Recreation Commissioners.
R. Play or
permit the playing of any radio or other amplified or unamplified
electronic sound-producing device without the use of earphones in
such a manner or with such volume as to unreasonably annoy or disturb
the quiet, comfort, or peace of the public.
[Added 10-14-2021 by Ord. No. 2021-22]
The Borough's parks shall be open daily to the
public during, those hours established and posted by the Board of
Recreation Commissioners. No person other than Borough personnel conducting
Borough business therein shall occupy or be present in the park during
any hours in which the park is not open to the public. Any person
who enters a park or is otherwise present in a park when such park
is not open to the public shall be subject to the penalties set forth
in this section.
[Amended 2-14-2019 by Ord. No. 2019-3]
The Board of Recreation Commissions is hereby
empowered to promulgate and publish rules and regulations not inconsistent
with the provisions hereof to govern recreational activities within
the parks. It shall be a violation of this chapter for any individual
or organization to violate a published rule or regulation promulgated
by the Board or to violate a condition contained in a use permit issued
by the Board.
The provisions of this chapter are in addition
to, and not in repeal of, except where inconsistent herewith, otherwise
applicable requirements, prohibitions and provisions of law.
The provisions, prohibitions and requirements
of this chapter shall be enforced by the Borough Police Department.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.