Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River 4-20-1964 (Ch. 145 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 103.
Dogs — See Ch. 108.
Littering — See Ch. 214.
Peace and good order — See Ch. 253.

§ 246-1 Prohibited activities.

No person in a public park or recreation area shall:
A. 
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines 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.
B. 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
C. 
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.
D. 
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 lands, except on special written permit issued hereunder.
E. 
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 attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas nor in any other way injure or impair the natural beauty or usefulness of any area.
F. 
Climb any tree, or walk, stand or sit upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
G. 
Tie or hitch an animal to any tree or plant.
H. 
Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird; nor collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy, or accept as a gift, any specimen, alive or dead, of any of the group of tree snails. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes or other deadly reptiles, may be killed on sight.
I. 
Throw, discharge or otherwise place or cause to be placed into the water of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or into 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.
J. 
Have brought in or 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 waters in or contiguous to any park or be 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.
K. 
Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Recreation Department.
L. 
Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.
M. 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in park areas.
N. 
Ride a bicycle on other than a paved vehicular road or path designated for that 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 pedestrian use.
O. 
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 for the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
P. 
Ride any other person on a bicycle.
Q. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
R. 
Leave a bicycle lying on the ground or paving or set against a tree or in any place or position where other persons may trip over or be injured by it.
S. 
Ride a bicycle on any road or bicycle path between 15 minutes after sunset and 15 minutes before sunrise.

§ 246-2 Swimming, boating, fishing and picnicking.

In areas of parks and public lands designated as recreation areas, no person shall:
A. 
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 hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activity is prohibited by the Recreation Department upon a finding that such use of water would be dangerous or otherwise inadvisable.
B. 
Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Recreation Department for such purpose for each individual area.
C. 
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 into said tent, shelter or structure from at least two sides, nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
D. 
Allow himself to be so covered with a bathing suit as to indecently expose his person. No person shall appear in bathing costume at any place in the parks except within the limits of designated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards.
E. 
Dress or undress on any beach or in any vehicle, toilet room or other place except in such bathing houses or structures as may be provided for that purpose.
F. 
Bring into any waters or operate thereon any boat, raft or other watercraft, whether motor-powered or not, except at places designated for boating by the Recreation Department. Such activity shall be in accordance with such applicable regulations as are now or may hereafter be adopted.
G. 
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.
H. 
Launch, dock or operate any boat of any kind on any waters between the closing hour of the park at night and the opening hour the following morning, nor shall any person be on or remain on or in any boat during the said closed hours of the park.
I. 
Fish in any water except in waters designated by the Recreation Department for that use and under such regulations and restrictions as have been or may be prescribed by the Recreation Department.
J. 
Fish in any area where bathing is permitted.
K. 
Hunt, trap or pursue wildlife at any time. No person shall use, 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. 
Picnic or lunch in a place other than those places designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and the convenience of all. Visitors shall comply with any directions given to achieve the end.
M. 
Violate the regulation that use of individual fireplaces, together with tables and benches, follows generally the rule of "first come, first served."
N. 
Use any portion of the picnic areas or of 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 area and facilities for an unreasonable time if the facilities are crowded.
O. 
Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles, where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker, to be properly disposed of elsewhere.
P. 
Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like.
Q. 
Take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games, such as football, baseball and quoits, is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designated for such pastime.
R. 
Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.

§ 246-3 Prohibited conduct.

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. 
Bring alcoholic beverages into or drink same at any time in a park, nor shall any person be under the influence of intoxicating liquor in a park.
B. 
Have in his possession, set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives or flammable material, or discharge them or throw them into any such areas from land or highway 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 standpoints. At the discretion of the Recreation Department, permits may be given for conducting properly supervised fireworks in designated areas.
C. 
Be responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto and 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 permitting 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 six feet in length.
D. 
Occupy any seat or bench or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the Recreation Department for the use of the opposite sex. Exception is made for children under six years of age.
E. 
Appear at any place in other than proper clothing. With the exception of the restricted bathing areas, "properly clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body.
F. 
Solicit alms or contributions for any purpose, whether public or private.
G. 
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Recreation Department. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park area or on any highway, road or street abutting or contiguous thereto.
H. 
Enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
I. 
Gamble or participate in or abet any game of chance.
J. 
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.
K. 
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 a breach of the public peace.
L. 
Fail to produce and exhibit any permit from the Recreation Department which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
M. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
N. 
Expose or offer for sale any article or thing, nor shall be station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Recreation Department.
O. 
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.
P. 
Park within any park or playground, including but not limited to the parking areas of said park or playground, during any hours which the park is not open to the public. This shall include but is not limited to overnight parking.
[Added 12-16-1998 by Ord. No. 1998-31]

§ 246-4 Opening and closing of parks.

A. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information. Parks shall be open at sunrise and shall close at sunset as published in the official paper of the Borough of South River.
[Amended 12-16-1998 by Ord. No. 1998-30]
B. 
Any section or part of any park may be declared closed to the public by the Recreation Department at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Recreation Department shall find reasonably necessary.

§ 246-5 Permits for special events.

Permits for special events in parks shall be obtained by application to the Recreation Department in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Recreation Department, 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) 
An estimate of the anticipated attendance.
(6) 
Any other information which the Recreation Department shall find reasonably necessary to a fair determination as to whether a permit should issue hereunder.
B. 
Standard for issuance. The Recreation Department shall issue a permit hereunder when it finds:
(1) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park.
(2) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) 
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(4) 
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the Borough.
(5) 
That the facilities desired have not been reserved for other use at the day and hour requested in the application.
C. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.
D. 
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit is issued.
E. 
Revocation. The Recreation Department shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.

§ 246-6 Enforcement.

A. 
The Recreation Department and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Recreation Department and any park attendant shall have the authority to eject from the park any person acting in violation of this chapter.
C. 
The Recreation Department 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.

§ 246-7 Violations and penalties.

[Amended 2-9-1977 by Ord. No. 1977-6]
This chapter shall also be enforced by the Police Department, and any person convicted of violating the provisions of this chapter relating to conduct in public parks or any regulation or rule promulgated hereunder shall be subject to the penalties provided in Chapter 1, Article I, General Penalty, in the discretion of the Judge.