Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 4-17 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 183, Art. I.
Peace and good order — See Ch. 216.
Peddling and soliciting — See Ch. 219.
Dogs (BOH) — See Ch. 343, Art. I.

§ 213-1 Field, playground and court permits.

A. 
A permit shall be required for the use of a Borough field, playground or court under any of the following circumstances:
(1) 
There are more than 17 participants and/or spectators in attendance.
(2) 
When any equipment is needed to be installed temporarily on a field, playground or court, including but not limited to soccer goals, volleyball nets and the lining of any field. No permanent installations of equipment may be installed except by the Borough or with its explicit permission.
(3) 
When any field, playground or court will be used for any purpose other than for which it was specifically created or maintained.
(4) 
When the field, playground or court will be used for "organized" games. Games will be considered organized, if:
(a) 
There is a referee, umpire or other official;
(b) 
Teams are part of a league;
(c) 
Teams have uniforms;
(d) 
There is a fee charged to any team or player for participating;
(e) 
There are trophies, medals or other prizes to be awarded to individuals or teams;
(f) 
Spectators are invited; or
(g) 
A group of 10 or more of the same players or essentially the same players regularly gather to play at the same time and place.
(5) 
When the game or event is sponsored by a business or organization.
(6) 
When a person or group desires to reserve a field, playground or court, or any part thereof, for exclusive use for a period of time.
B. 
Permits for use of a field, playground or court shall be obtained from the Recreation Director of the Borough and filed in accordance with the following procedures:
(1) 
The person or group of persons seeking issuance of a permit shall file an application in writing with the Recreation Director who will then present the application to the Mayor and Council for their consideration. The application must be completed in its entirety and include the following information:
(a) 
The name and address of the applicant;
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any;
(c) 
The day and the hours for which the permit is desired;
(d) 
The park or portion thereof for which the permit is desired;
(e) 
A reasonable estimate of the anticipated attendance;
(f) 
The type of game or activity for which the permit is desired;
(g) 
The anticipated age group of the expected participants; and
(h) 
Such other information as may be reasonably required.
(2) 
The permittee shall provide a certificate of liability insurance in an amount not less than $1,000,000, combined single limit, naming the Borough of Wharton as an additional insured. The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of any negligence of the person or persons to whom such permit shall be issued.
(3) 
All permit holders shall be responsible for ensuring that all participants and spectators adhere to park rules and for summoning the police if individuals fail to do so; for ensuring that the field or court is in a safe condition prior to allowing players to proceed and for reporting unsafe conditions to the Recreation Director not later than one business day after its use; for ensuring that, upon conclusion of the use, the field, playground or court is left in the same condition in which it was found, including removal of any equipment, and cleanup and proper disposal of any litter; for compliance with any special conditions imposed on the permit by the governing body. No person shall fail to produce and exhibit any permit issued by the Mayor and Council upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
C. 
The Mayor and Council may refuse to issue a permit where the applicant has violated the conditions of a permit issued on a previous occasion and may also rescind a permit which has been issued for a material misrepresentation of fact on the application.
D. 
The minimum standards for issuance of a permit for the use of a field, playground or court by the Mayor and Borough Council shall include the following findings:
(1) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(2) 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) 
That the proposed activity or uses will not include violence, crime or disorderly conduct.
(4) 
That the proposed activity or use will not entail extraordinary or burdensome expense of police operation by the Borough.
(5) 
That the requested facility has not been reserved for other activity or use at the same date and hour requested in the application.
(6) 
That all fees have been paid in accordance with the fee schedule included in this chapter.
(7) 
That the requested facility can reasonably accommodate the anticipated attendance.
E. 
When a permit has been issued, the person, group or team possessing the permit is entitled to the exclusive use of the field, playground or court for which the permit is granted and all others shall yield said facility to the person, group or team possessing the permit.
F. 
Appeal. Within seven days after the receipt of a complete application, the Mayor and Council shall notify the applicant in writing of their reasons for refusing a permit. Any aggrieved person shall have the right to appeal to the Mayor and Council by serving written notice thereof on the Borough Clerk within seven days of such refusal.

§ 213-2 Hours; field closings.

A. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year between the hours of 5:00 a.m. and 9:30 p.m. No one will be allowed in a park at any other time.
B. 
Any section or part of any park may be declared closed to the public by the Mayor and Council or their designee or at the discretion of the Borough Administrator, at any time and for any interval of time, either temporarily or at regularly scheduled intervals, daily or otherwise, and either entirely or merely to certain uses, as the Mayor and Council shall find reasonably necessary. "Field Closed" signs may be installed on any public park. Whenever a "Field Closed" sign is posted, no person or vehicle may enter in or upon it.

§ 213-3 Fees.

A. 
A fee shall be imposed for the issuance of any permit in accordance with the provisions set forth in this chapter. The following definitions shall apply when determining the appropriate fee:
(1) 
No fee: sanctioned team and included in the Borough's Municipal Budget or sanctioned by the Wharton Board of Education.
(2) 
Resident league: seventy-five percent of the participants listed on the team's roster must be Wharton residents.
(3) 
Nonresident league: any team that consists of less than 75% of the participants as Wharton residents.
(4) 
Borough nonprofit groups: any group or organization which is recognized as not for profit and that is located within the boundary lines of the Borough.
(5) 
Borough industrial/offices/commercial: any company located within the boundary lines of the Borough.
(6) 
Out-of-Borough nonprofit group: any group or organization which is recognized not for profit and that is not located within the boundary lines of the Borough.
(7) 
Out-of-Borough industrial/offices/commercial: any company not located within the boundary lines of the Borough.
B. 
Fee schedule. The following is the fee schedule for permits to use any Borough Park, Playground, Court, Field or other Recreational Facility:
Ball Field Use: Season Rates
Resident league
$100 per Wharton team
Nonresident league
$200 per nonresident team
Soccer Fields Use: Season Rates
Resident league
$400 per Wharton team
Additional dates
$40 per date
Nonresident league
$800 per nonresident team
Additional dates
$80 per date
Picnic Areas
Borough resident
No charge
Borough nonprofit groups
$100
Borough industrial/offices/commercial
$125
Out-of-Borough nonprofit groups
$150
Out-of-Borough industrial/offices/commercial
$200
Additional charge for large groups/events/fund-raisers/festivals to offset extra field and park maintenance, etc. (increments based on size of event)
$25/$50/$75/$100
Charge for extra dumpsters, refuse receptacles, port-a-johns
Applicant's expense
Tennis Courts
Borough resident
$7 per person for annual permit
Non-Borough resident
$20 per person for annual permit
C. 
All fees are nonrefundable if a condition of the permit is violated.

§ 213-4 Rules and regulations.

No person in a park shall:
A. 
Traffic.
(1) 
Cause or permit his vehicle to stand outside of a designated parking space, except for a reasonable time to pick up or discharge passengers or equipment. No motor vehicle shall be parked in a park area when the park is closed.
(2) 
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designed as temporary areas by the Mayor and Borough Council.
(3) 
Park a vehicle in other than an established or designated parking area. Parking shall be in accordance with posted directions and with the instruction of any attendant who may be present.
(4) 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
(5) 
No person shall ride or drive any type of motorized vehicle within or upon a walkway, sidewalk, pathway or any part of a municipal park not designed or customarily used for such purpose.
(6) 
Vehicles abandoned for more than 24 hours in any parking area shall be towed and stored, and the owners shall be responsible for all charges for towing and storage in addition to any fines levied for violation of this chapter.
(7) 
Vehicles may be parked in municipal lots, provided that a permit has been obtained in accordance with Chapter 7, Vehicles and Traffic, of the Code of the Borough.
B. 
Buildings and other property.
(1) 
Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(2) 
Rest rooms and washrooms. Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the rest rooms and washrooms designated for the opposite sex.
(3) 
Removal of natural resources. Dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
(4) 
Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such land, except on special written permit issued hereunder.
C. 
Trees, shrubbery and lawns.
(1) 
Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance in any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty of usefulness of any area.
(2) 
Climbing trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property not designated or customarily used for such purposes.
(3) 
Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.
D. 
Wild animals and birds.
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(1), Hunting, was repealed 5-7-2012 by Ord. No. O-07-12.
(2) 
Feeding of any animal is prohibited.
E. 
Pollution; refuse and trash.
(1) 
Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such water any substances, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(2) 
Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any water in or contiguous to any park or left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
F. 
Bicycle traffic.
(1) 
Confined to roads. Ride a bicycle on other than a paved vehicular road or path designated for the purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrians' use.
(2) 
Operation. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
(3) 
Rider prohibited. Ride any other person on a bicycle.
(4) 
Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
(5) 
Immobile. Leave a bicycle lying on the ground or posing or set against trees or in any place or position where other persons may trip over to be injured by them.
(6) 
Night operation. Ride a bicycle on any road between 30 minutes after sunset or before 30 minutes before sunrise without an attached headlight plainly visible at least 200 feet in front of and without a red taillight or red reflector plainly visible from at least 20 feet from the rear of such bicycle.
G. 
Prohibited acts.
(1) 
Alcoholic beverages. Possess or consume any alcoholic beverage on any park property except by special permit provided by the Mayor and Council. In addition, applicants for a permit shall comply with State of New Jersey Alcoholic Beverage Control Commission rules and regulations, secure a State of New Jersey Alcoholic Beverage Control Permit and pay any fees required.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection G(2), regarding drunkenness, was repealed 3-22-2010 by Ord. No. O-03-10.
(3) 
Fireworks and explosives. Have brought or have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives or inflammable material or discharge them or throw them into any such area from land highways adjacent thereto. This prohibition includes any substance, compound and mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints.
(4) 
Domestic animals. Have been responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto and in such other areas as may be clearly marked by signs bearing the words "Domestic Animals Permitted in this Area." Nothing herein shall be construed as permitted the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than eight feet in length.
(5) 
Reservation of facilities. Occupy any seat or bench or enter into or loiter or remain in any pavilion or other structure or section thereof which may be reserved and designated by the Mayor and Council for the use of the opposite sex. Exception is made for children under five years of age.
(6) 
Dress. Appear in any place in other than proper clothing. With the exception of a restricted bathing area, "property clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body. No person shall dress or undress on any Borough property or in any vehicle parked at the facility.
(7) 
Gambling. No form of gambling, as defined in the New Jersey Code of Criminal Justice, specifically including the so-called "friendly card game," shall be permitted on any park property.
(8) 
Amplifying systems and musical instruments. No sound-amplifying system nor any musical instrument, radio, phonograph or similar instruments shall be utilized after 8:00 p.m., except by permit of the Mayor and Council.
(9) 
Interference with personnel. No person shall interfere with any employees of the Borough of Wharton to prevent said persons from performing their work or other duties.
(10) 
Blocking access routes to park property prohibited. No person shall block or impede by any means normal vehicular or pedestrian ingress or egress to or from any park property.
(11) 
Glass containers. No person is permitted to bring any glass containers into a park or recreation area. It is the purpose and intent of this section to prohibit the bringing of glass containers into a park which might be broken and might cause potential harm to people. Eyeglasses and glass containers containing prescribed medicines are exempt from the provisions of this section.
H. 
Picnicking. No person shall:
(1) 
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(2) 
Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."
(3) 
Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use areas and facilities for an unreasonable time if the facilities are crowded.
(4) 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
I. 
Swimming. No person shall:
(1) 
Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designed for the purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Mayor and Council upon a finding that such use of the water would be dangerous or otherwise inadvisable.
(2) 
Frequent any waters or places designed for the purposes of swimming or bathing or congregate thereat except between such hours of the day as shall be designated by the Mayor and Council for such purposes for each individual site.
(3) 
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view in such tent, shelter or structure from at least two sides, nor shall any guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
J. 
Firearms. No person shall:
(1) 
Carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
K. 
Fish. No person shall:
(1) 
Fish in any waters except in waters designated by the Mayor and Council for that use and under such regulations and restrictions as have or may be prescribed by the Mayor and Council.
(2) 
Fish in any area where bathing is permitted.
L. 
Boating. No person shall:
(1) 
Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any water, except at places designated for boating by the Mayor and Council. Such activity shall be in accordance with applicable regulations as are now or hereinafter adopted.
(2) 
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
(3) 
Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on, remain on or in any boat during the closed hours of the park.
M. 
Ice skating. No person shall:
(1) 
Go onto the ice on any of the waters except such areas as are designated as skating fields and provided a safety signal is displayed.
N. 
Vending.
(1) 
Exposing or offering for sale any article or thing, stationing or placing any stand, cart or vehicle for the transportation, sale or display of any such article or thing shall be prohibited. Exception shall be made for any regularly licensed concessionaires acting by and under the authority and regulation of the Mayor and Council.
(2) 
Solicitation of alms or contributions for any purpose, whether public or private, shall be prohibited.
O. 
Fires. No person shall:
(1) 
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Mayor and Council. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.

§ 213-5 General conduct; disorderly behavior.

While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner and, in particular, no person shall:
A. 
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.
B. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
C. 
Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.

§ 213-6 Enforcement.

A. 
Officials. Police officers and such other persons as designated by the Mayor and Council shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Authority to eject. Any police officer or such other persons as designated by the Mayor and Council shall have the authority to eject from the park any person acting in violation of this chapter.
C. 
Seizure of property. Any park attendant shall have the authority to seize and confiscate any property, thing or device that is used in violation of this chapter.

§ 213-7 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).