[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 1 of
Chapter 23 of the Revised Ordinances of the City of Clifton, New Jersey,
1960; amended in its entirety 12-18-1992 by Ord. No. 5608-92. Subsequent
amendments noted where applicable.]
The purpose of this chapter is to establish
rules and regulations for the protection, care and control of the
public parks, playgrounds and recreation areas in the City of Clifton;
to regulate the conduct of persons on or within such parks, playgrounds
and recreation areas or using the facilities thereof; and to provide
penalties for the violation of its provisions.
A.
It shall be unlawful for any person in a public park,
playground or recreation area to:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings 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.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition.
(3)
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)
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)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or seed of any tree or
plant, dig in or otherwise disturb grassed areas, or in any other
way injure the natural beauty or usefulness of any area.
(6)
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.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, kill, wound, trap, abuse, shoot, pursue
or throw missiles at, remove or have in his possession any animal,
reptile or bird found within a City park nor disturb its habitat within
a City park; or knowingly buy, receive, have in his possession, sell
or give away any such animal, reptile, bird or eggs so taken, except
as may be specifically provided for and being in accordance with state/federal
fish and game laws.
(9)
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 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.
(10)
Have brought in or 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 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 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.
(11)
Drive or park 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 by the City of Clifton.
(12)
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas. No motor vehicle shall
be parked in said park areas from 1/2 hour after sunset until sunrise,
except as otherwise permitted.
(13)
Ride a bicycle without reasonable regard to the safety
of others.
(14)
Leave a bicycle lying on the ground or paving or set
against trees or in any place or position where a person may trip
over or be injured by it.
(15)
Swim, bathe or wade in any waters or waterways in
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 designated for the purpose of swimming
or bathing or congregate thereat when such activities are prohibited
by the City of Clifton upon a finding that such use of the water would
be dangerous or otherwise inadvisable.
(16)
Erect, maintain, use or occupy on or in any beach
or bathing area any tent, shelter or structure of any kind, 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.
(17)
Bring into or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters, except at places designated
for boating by the City of Clifton. Such activity shall be in accordance
with applicable regulations as are now or will hereafter be adopted.
(18)
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.
(19)
Fish in any area where bathing is permitted.
(20)
Shoot into park areas from beyond park boundaries.
No person shall 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, except as may be specifically provided
for, and being in accordance with state/federal fish and game laws.
(21)
Picnic or lunch in a place other than those designated
for that purpose. The City of Clifton 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.
(22)
Annoy another person or utter any profane, threatening,
indecent or abusive language or act in a disorderly manner.
(23)
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 any unreasonable time if the facilities are crowded.
(24)
Leave a picnic area 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.
(25)
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 house trailer,
camp trailer, camp wagon or the like, except in those areas designated
by the City of Clifton for those purposes.
(26)
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. The playing of rough or comparatively
dangerous games, including but not limited to football, baseball,
soccer, street hockey and lacrosse, is prohibited, except on the fields
and/or courts or areas provided therefor. Roller-skating shall be
confined to those areas specifically designated for such pastime.
[Amended 8-19-1994 by Ord. No. 5694-94]
(27)
Ride a horse except on designated bridle trails, where
permitted. Horses shall be thoroughly broken, 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.
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:
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 or 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 standpoints.
At the discretion of the City of Clifton, permits may be given for
conducting properly supervised fireworks in designated park areas.
C.
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by signs bearing the words "Domestic
Animals Prohibited 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.
Solicit alms or contributions for any purpose, whether
public or private.
E.
Drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other inflammable materials
within any park or on any highways, roads or streets abutting or contiguous
thereto.
F.
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.
G.
Gamble, participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the City of Clifton.
H.
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.
I.
Upon request, fail to produce and exhibit any permit
from the City of Clifton he claims to have to any authorized person
who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
J.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
K.
Expose or offer for sale any article or thing, nor
shall he 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 City of Clifton.
L.
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 park lands or highways
or roads in any park.
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 and shall be determined from
time to time by resolution of the City of Clifton.
B.
No person shall, on the grounds of race, color, national
origin, religion, age, sex or handicap, be excluded from participation
in, be denied the benefits of or be otherwise subjected to discrimination
in any park facility, program or activity.
C.
Discrimination on the basis of residence, including
preferential reservation, membership or annual permit systems, is
prohibited, except to the extent that reasonable differences in admission
and other fees may be maintained on the basis of residence in any
park.
Permits for special events in parks shall be
obtained by application to the City of Clifton in accordance with
the following procedures:
A.
A person seeking issuance of a permit hereunder shall
file an application with City of Clifton stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person(s), corporation(s)
or association(s) 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
desired.
(5)
Any other information which the City of Clifton shall
find reasonably necessary for a fair determination as to whether a
permit should be issued hereunder.
B.
Standards for issuance of a use permit by the City
of Clifton 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 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 uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense of police operation by the City of Clifton.
(5)
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C.
The City of Clifton shall apprise an applicant in
writing of its reasons for refusing a permit, and an aggrieved person
shall have the right to appeal to the City of Clifton by serving written
notice thereof on the City Clerk within five days of said refusal.
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
by reason of the negligence of the person or persons to whom such
permit shall have been issued. The City of Clifton 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 prior to the commencement of any activity or issuance of
any permit, as well as any other insurance or indemnification as determined
by the City of Clifton.
F.
Permits shall be required for all organized play to
take place on any ballfields, tennis courts, basketball courts or
any other recreational areas under the control of the City of Clifton.
Unauthorized individuals utilizing the aforesaid areas during hours
when permits have been issued by the City of Clifton are subject to
removal.
[Added 10-4-1994 by Ord. No. 5701-94[1]]
G.
Revocation. The City of Clifton shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
A.
The City of Clifton, by and through its agents and
employees, shall, in connection with their duties imposed by law,
diligently enforce the provisions of this chapter.
B.
The City of Clifton, by and through its agents and
employees, shall have the authority to eject from the park area any
person or persons acting in violation of this chapter.
C.
The City of Clifton, by and through its agents and
employees, 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 be enforced by the City of Clifton
Police Department.
The City of Clifton reserves the right, with
respect to any or all of the public park and recreation areas and
any facilities located therein, to enter into any agreement with the
Board of Education of the City of Clifton concerning the control and
use thereof and, anything contained in this chapter to the contrary
notwithstanding, any use of said premises or said facilities by the
Board of Education pursuant to any agreement with the City of Clifton
or hereafter entered into shall be exempt from the terms of this chapter.
Any person violating any of the provisions of
this chapter or any rule or regulation promulgated pursuant hereto
shall, upon conviction, be subject to the replacement, repair or restoration
of any damaged park property and shall be subject to a fine not exceeding
$500 or imprisonment for a term not exceeding 90 days, or both.