[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 4-17 of the Revised General Ordinances).
Amendments noted where applicable.]
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.
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. Notwithstanding the hereinabove,
any confined area designated and clearly marked with signs by the
Mayor and Council as a "dog park" shall be open during the hours of
5:00 a.m. and 9:00 p.m. from March 2 through and including November
1, and open between the hours of 5:00 a.m. and 7:00 p.m. from November
2 through and including March 1. No one will be allowed in a park
at any other time.
[Amended 11-18-2019 by Ord. No. O-17-19]
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.
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.
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.
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.
(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." Except within a confined area designated
and clearly marked with signs by the Mayor and Council as a "dog park,"
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. Dogs may go unleashed while in the dog park, however,
all persons accompanying a dog or puppy must use a leash when taking
the dog or puppy to and from the dog park. Except as hereinabove specifically
noted, nothing herein shall be construed as permitting the running
of dogs at large.
[Amended 10-21-2019 by Ord. No. O-16-19]
(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.
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.
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.
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.
