Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union 10-9-1979 by Ord. No. 3413 (Ch. 198 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Department of Recreation — See Ch. 121.
Bicycles — See Ch. 179.
Damaging of buildings and fixtures — See Ch. 198.
Golf — See Ch. 302.
Littering — See Ch. 358.
Human-powered locomotion devices — See Ch. 362.
Motorcycles and similar vehicles — See Ch. 369.
Recreational facilities — See Ch. 415.

§ 397-1 Unlawful acts; definitions.

A. 
No person in a public park or recreational area shall:
(1) 
Damage or defacing.[1] Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving materials, 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.
[1]
Editor's Note: See also Ch. 198, Buildings and Fixtures, Damaging of.
(2) 
Sanitary conditions of rest rooms. Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person above the age of five years shall use the rest rooms and washrooms designated for the opposite sex.
(3) 
Soil, rock or sand removal. Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
(4) 
Construction. 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.
(5) 
Trees, shrubbery or monuments.[2]
(a) 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seed of any trees or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
(b) 
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
(c) 
Tie or hitch an animal to any tree or plant.
[2]
Editor's Note: See also Ch. 516, Trees.
(6) 
Ponds, streams and bodies of water. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary stream, storm sewer or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(7) 
Waste and garbage.[3] Have brought in or shall dump in, 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 waters in or contiguous to any park or left any where on the grounds thereof but shall be placed in the proper receptacles where the same are provided; where receptacles are not 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.
[3]
Editor's Note: See also Ch. 462, Solid Waste; Recycling; and Ch. 358, Littering.
(8) 
Vehicles and parking.[4]
(a) 
Drive any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas, including motorized vehicles, such as minibikes and mopeds.
(b) 
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.
(c) 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park area.
(d) 
Leave a bicycle in a place other than a bicycle rack, when such is provided and there is space available.
(e) 
Ride a bicycle without reasonable regard to the safety of others.[5]
[5]
Editor's Note: See also Ch. 179, Bicycles.
(f) 
Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured by them.
[4]
Editor's Note: See also Ch. 266, Vehicles and Traffic.
(9) 
Swimming and bathing. Swim, bathe or wade in any waters or waterways in or adjacent to any park.
(10) 
Boats and rafts. Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters, except at places designated for boating. Such activity shall be in accordance with applicable regulations as are now or hereafter may be adopted.
(11) 
Firearms.[6] No person shall carry or possess firearms of any description or air rifles, spring guns, bows 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.
[6]
Editor's Note: See also Ch. 273, Firearms; Hunting.
(12) 
Picnicking.
(a) 
Picnic or lunch in a place other than those designated for that purpose.
(b) 
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 such areas and facilities for an unreasonable time if the facilities are crowded.
(c) 
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.
(13) 
Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation.
(14) 
Dogs. To allow a dog of which he is in charge to go upon any part of the park property or recreational area, unless held by a leash not longer than six feet.[7]
[7]
Editor's Note: See also Ch. 168, Animals.
(15) 
Sale of goods and wares. To sell or offer for sale any goods, wares or merchandise whatsoever or to display or distribute any advertising device, circular or card, in any park or recreational area, except upon a written permit of the Chief of Police to be specifically authorized for each occasion upon direction of the Township Committee.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PARK
Includes recreational areas.

§ 397-2 Conduct in parks.

While in a public park or recreational area, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
A. 
Bring alcoholic beverages, drink the same at any time, nor shall any person be under the influence of intoxicating liquor.[1]
[1]
Editor's Note: See also § 160-26, State approval required for use in designated areas.
B. 
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 any other substance or compound, would be dangerous from any of the foregoing standards. At the discretion of the Superintendent of Recreation, permits may be given for conducting properly supervised fireworks in designated park area.
C. 
Appear at any place in other than proper clothing.
D. 
Build or attempt to build a fire, except in such areas and under such regulations as may be designated. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or recreational area or on any highways, roads or streets abutting or contiguous thereto.
E. 
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.
F. 
Gamble or participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the Superintendent of Recreation.
G. 
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.
H. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
I. 
Paste, glue, tack or otherwise post any sign, placard advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.

§ 397-3 Hours.

A. 
Except for 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 and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise) and either entirely or merely for certain uses.

§ 397-4 Permits for special events.

Permits for special events in parks shall be obtained by application to the Department of Recreation in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Department of Recreation stating:
(1) 
The name and address of the applicant.
(2) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(3) 
The day and hours for which the permit is desired.
(4) 
The park or portion thereof for which such permit is desired.
(5) 
Any other information which the Department of Recreation shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
Standards for issuance of a use permit by the Department of Recreation include the following findings:
(1) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(2) 
The proposed activity and use will not unreasonably interfere or detract from the promotion of public health, welfare, safety and recreation.
(3) 
The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(4) 
The proposed activity will not entail extraordinary or burdensome expense or police operation by the Township of Union.
(5) 
The facilities desired have not been reserved for other use at the date and hour requested in the application.
C. 
Appeal. Within five days after the receipt of an application, the Department of Recreation shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Municipal Administrator by service of a written notice thereof on the Superintendent of Recreation and the Municipal Administrator within five days of said refusal. Said Department shall then immediately forward the application and the reasons for its refusal to the Municipal Administrator who shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Department of Recreation's decision, within 10 days from the receipt of the appeal by him. The decision of the Municipal Administrator shall be final.
D. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
E. 
The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever, by reason of the negligence of the person or persons to whom such permit shall have been issued. The Department of Recreation shall have the right to require any permittee to 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 Department of Recreation, prior to the commencement of any activity for which a permit has issued.
F. 
Revocation. The Department of Recreation shall have the authority to revoke a permit upon finding of a violation of any rule or ordinance or upon good cause shown.

§ 397-5 Enforcement.

A. 
The Department of Recreation and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Department of Recreation and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this chapter.
C. 
The Department of Recreation and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park, or used in violation of this chapter.
D. 
This chapter shall also be enforced by the Police Department of the Township of Union.

§ 397-6 Violations and penalties.

[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998[1]]
Any person, firm or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).