[Adopted 12-15-1970 as Ch. XVIIIA
of the 1970 Revised Ordinances, as amended through 3-5-1974]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The Borough of Carteret.
Those hours one-half (1/2) hour before sunrise to one-half
(1/2) hour after sunset.
A park, playground, recreation center or any other area in
the borough owned or used by the borough and devoted to active or
passive recreation.
The person designated by the Chairman of Recreation, Parks
and Playgrounds and by the Mayor of the borough.
Any wheeled conveyance, whether motor powered, animal drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. An exception shall be made for baby carriages
and municipal vehicles in service of the borough.
A.
Buildings and other property. No person in a park
shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any building, 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)
Willfully mark, deface, disfigure, injure, tamper
with or remove any fixture, furnishing, apparatus, appurtenance or
any other thing appertaining to a rest room or wash room, nor shall
any person perform any act which will or may result in rendering a
rest room or wash room unsanitary, unhealthy, noxious or unclean.
(3)
Dig or remove any sand, whether submerged or not,
or any soil, rock, stones, trees, shrubs or plants, downtimber or
other wood or material or make any excavation by tool, equipment,
blasting or other means or agency.
(4)
Construct or erect a 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.
B.
Trees; shrubbery; lawns. No person in a park shall:
(1)
Damage, cut, carve, burn or set fire to, 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 to any tree or plant. No person shall dig
in or otherwise disturb grass areas or in any other way injure or
impair the natural beauty or usefulness of any area.
(2)
Climb any tree or walk, stand or sit upon monuments,
vases, fountains, railing, fences or gun carriages or upon any other
property not designated or customarily used for such purposes.
A.
Pollution of water. No person in a park shall throw,
discharge or otherwise place or cause to be placed in the waters of
any fountain, pool, 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 waters any substance, matter or thing, liquid or
solid, which will or may result in the pollution of the waters.
B.
Refuse and trash. No person in a park shall dump,
deposit, leave or cause or permit to be dumped, deposited or left
any bottle, 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 anywhere
on the grounds thereof, but it shall be placed in the proper receptacles
where they 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.
A.
Traffic. No person in a park shall:
(1)
Fail to obey the instructions or directions of any
police officer or park employee regarding traffic control, such persons
being hereby authorized and instructed to control or direct traffic
wherever and whenever needed within any parks.
(2)
Fail to observe or obey any and all traffic signs
and signals.
(3)
Ride or drive a vehicle at a rate of speed exceeding
10 miles an hour, except upon such roads where a greater rate of speed
is indicated by posted signs.
(4)
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 by posted signs as temporary parking areas.
B.
Parking. No person in a park shall:
(1)
Park a vehicle in other than a designated parking
area in accordance with the posted directions thereat or with the
instructions of any park employee who may be present.
(2)
Park or leave standing any vehicle, whether attended
or unattended, on any park road at any time, nor shall any person
stop, however briefly, on any park road.
(3)
Leave unattended upon a park road, any vehicle which
is disabled to the extent that the operator cannot move it, except
for the purpose of notifying a police officer or employee, such person
being authorized and instructed to render whatever assistance is necessary
to get help to repair or remove the disabled vehicle.
C.
Bicycles. No person in a park shall:
(1)
Ride a bicycle on other than a paved road or path
designated by posted signs for that purpose; except, however, that
a bicyclist shall be permitted to wheel or push a bicycle by hand
on any path, trail or other area of the park where pedestrians are
permitted.
(2)
Ride a bicycle other than on the extreme right-hand
side of any road or path nor ride abreast of another bicycle, except
in order to pass the other bicycle, nor ride any other person unless
the bicycle is specifically constructed to ride more than one person.
Bicyclists shall at all times operate their machines with reasonable
regard to 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.
(3)
Leave a bicycle in any place or portion where other
persons may trip over or be injured by them.
(4)
Ride a bicycle on any road except during daylight
hours.
A.
Picnic areas and use. No person in a park shall:
(1)
Picnic, lunch or otherwise consume food or beverages
at any place other than those designated by posted signs for that
purpose. Park employees shall have the authority to regulate the activities
in such picnic areas when necessary to prevent congestion and to secure
the maximum use for the comfort and convenience of all. Park users
shall comply with any reasonable directions given to achieve this
end.
(2)
Violate the regulation that use of the individual
fireplaces, together with the adjacent tables and benches, follows
the rule of first come, first served.
(3)
Use any picnic area or any portion thereof or the
buildings or structures therein for the purpose of holding picnics
to the exclusion of any other persons, unless such exclusive use is
authorized by a permit issued by the Superintendent of Parks.
(4)
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.
B.
Camping. No person in a park shall camp or otherwise
remain overnight without first having secured a camping permit from
the Superintendent of Parks, who may attach thereto any reasonable
conditions or restrictions.
C.
Games. No person in a park shall participate in the
playing of any games involving thrown or otherwise propelled objects,
such as balls, stones, arrows, quoits, horseshoes, javelins or model
airplanes, except in those areas designated by posted signs as permitting
such forms of recreation.
D.
Horseback riding. No person in a park shall 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.
A.
Drinking and intoxication; exception.
[Amended 4-19-1990 by Ord. No. 90-16]
(1)
No person shall drink, imbibe, consume or possess
any alcoholic beverage upon any portion of any park property.
(2)
In certain specific designated recreational areas,
the Superintendent of Parks may issue a special permit for the consumption
of alcoholic beverages for consumption at a picnic or other activity
sponsored by a nonprofit corporation or organization.
B.
Fireworks and explosives. No person in a park shall
possess, set off or otherwise cause to explode or discharge or burn
any fireworks or other explosives prohibited by any law of the State
of New Jersey. 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.
C.
Domestic animals. No person owning, harboring, keeping
or in charge of any dog, cat or domestic animal shall allow such animal
to enter any public park.
[Amended 7-17-1979 by Ord. No. 79-7]
D.
Reservation of facilities. No person in a park shall
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 Board for the use of the opposite sex.
E.
Fires. No person in a park shall kindle or attempt
to kindle a fire except in such areas and under such regulations as
may be designated by posted sign. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other flammable materials within any park area or on any highway,
road or street abutting or contiguous thereto.
F.
Closed areas. No person in a park shall 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.
G.
Games of chance. No person in a park shall gamble
or participate in or abet any game of chance not permitted by laws
in the State of New Jersey.
H.
Ice skating. No person in a park shall enter upon
any body or water frozen over with ice except those designated by
posted signs as permitting skating, provided that a safety signal
is displayed.
I.
Disorderly conduct. No person in a park shall 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.
J.
Exhibition of permits. No person in a park shall fail
to produce and exhibit any permit required hereunder upon request
of any authorized person who shall desire to inspect the same for
the purpose of enforcing compliance with any ordinance or regulation.
K.
Interference with permittees. No person in a park
shall disturb or interfere unreasonably with any person or party occupying
any area of the park lawfully.
L.
Golf. No person shall engage in the playing of golf
in any way, shape or form on park properties.
[Added 9-19-1985 by Ord. No. 85-38]
M.
Feeding animals. No person shall feed any animal or
fish wildlife any food or other substance except such food or substance
as may be expressly permitted and conspicuously posted in and about
the borough parks from time to time by the Parks Department. Any person
violating this subsection shall be subject to a fine not less than
$50 or more than $100.
[Added 3-24-1994 by Ord. No. 94-11]
N.
The Council, from time to time, shall be permitted to make such rules and regulations as it shall deem appropriate for the use of the park and park facilities. Rules and regulations promulgated pursuant to this subsection shall be posted in summary form, in the park for which the rule is intended to apply. Nothing herein shall be interpreted to require the posting of, nor to modify or reduce the effectiveness of, any other rules, regulations, requirements or obligations established in this Chapter 182.
[Added 8-20-1998 by Ord. No. 98-40]
A.
Hours. Except for unusual and unforeseen emergencies
or unless extended by special permit, parks shall be open to the public
every day of the year during daylight hours. The opening and closing
hours for each individual park shall be posted therein for public
information.
B.
Closed areas. Any section or part of any park may
be declared closed to the public by the Superintendent of Parks at
any time and for any interval of time, either temporarily or at regular
and stated times, daily or otherwise, and either entirely or merely
to certain use, as the Superintendent of Parks shall find reasonably
necessary.
C.
Permit.
(1)
A permit shall be obtained from the Superintendent
of Parks before participating in the following park activities:
(a)
Camping or otherwise remaining in a park overnight.
(b)
Entering or remaining in a park except during
daylight hours.
(c)
Entering any section or portion of a park temporarily
or permanently closed to the public.
(d)
Using any picnic area or any building or structure
therein to the exclusion of any other person or for any other activity
prohibited or not specifically permitted under the terms of this Article.
(2)
Application. A person seeking issuance of a permit
hereunder shall file an application with the Superintendent of Parks.
The application shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the person sponsoring
the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit
is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Superintendent
of Parks shall find reasonably necessary to a fair determination as
to whether a permit should be issued hereunder.
(3)
Standards for issuance. The Superintendent of Parks
shall issue a permit hereunder when he finds:
(a)
That the proposed activity or use of the park
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(b)
That the proposed activity and use will not
unreasonably interfere with or detract from the promotion of public
health, welfare, safety and recreation.
(c)
That the proposed activity or use is not reasonably
anticipated to incite violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail unusual,
extraordinary or burdensome expense or police operation by the borough.
(4)
Conditions. The Superintendent of Parks is hereby
authorized to attach to a permit issued hereunder any reasonable conditions
which, in his opinion, are necessary to ensure that the proposed activity
will conform to the above standards.
(5)
Appeal. Within 10 days after receipt of an application,
the Superintendent of Parks shall apprise an applicant, in writing,
of his reasons for refusing a permit, and any aggrieved person shall
have the right to appeal, in writing, within 10 days to the Borough
Council, which shall consider the application under the standards
set forth in this subsection hereof and sustain or overrule the Superintendent
of Parks' decision within 15 days. The decision of the Borough Council
shall be final.
(6)
Effect of permit. A permittee shall be bound by all
state laws, applicable borough ordinances, park rules and regulations
and any conditions or restrictions attached to the permit.
(7)
Liability of permittee. The person 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 persons
to whom such permit shall have been issued.
(8)
Revocation. The Superintendent of Parks shall have
the authority to revoke a permit upon a finding of violation of any
rule or ordinance or upon good cause shown.
[Added 3-4-1999 by Ord. No. 99-6]
A parent or legal guardian shall not permit
or by ineffective control allow a minor to violate this article.
A.
The Superintendent of Parks and the Police Department
shall, in connection with their duties imposed by law, diligently
enforce the provisions of this article.
B.
The Superintendent of Parks and any police officer shall have the authority to eject from the park any person acting in violation of the provisions of this Article, provided that such person first receives verbal warning or notice of the same. Failure to heed such notice or warning shall result in fine and penalty as prescribed in § 182-9.
C.
The Superintendent of Parks and any police officer
shall have the authority to seize and confiscate any property, thing
or device in the park used in violation of the provisions of this
Article.
D.
Any juvenile found by a police officer to be in violation
of any rule regarding conduct within the parks shall be taken into
police custody and released thereafter to his or her parent or guardian.
The parent and guardian shall immediately be notified and required
to report to police headquarters to obtain release of the juvenile.
[Added 3-4-1999 by Ord. No. 99-6]
E.
In determining the age of the juvenile, and in the
absence of convincing evidence such as a birth certificate, a police
officer shall use his or her best judgement in determining age.
[Added 3-4-1999 by Ord. No. 99-6]
F.
When a parent or guardian is immediately called and
has come to take charge of the juvenile, information shall be sought
from the parent or guardian or person having legal custody of the
minor so as to permit ascertainment, under constitutional safeguards,
of relevant facts and to centralize responsibility in the person designated
there and then on duty for accurate, effective, fair, impartial and
uniform enforcement and recording making.
[Added 3-4-1999 by Ord. No. 99-6]
G.
If a parent of guardian cannot be located or fails
to take charge of the juvenile, then the juvenile shall be released
to the juvenile authorities. The juvenile may temporarily be entrusted
to any adult, relative, neighbor or other person who will on behalf
of a parent assume the responsibility of caring for the juvenile pending
availability of the parent or guardian.
[Added 3-4-1999 by Ord. No. 99-6]
H.
In the case of a juvenile, a formal warning shall
be issued to a first offender and served upon the parent or guardian
in person or by certified mail. Thereafter, a summons shall be issued
to a second offender and served upon the parent or guardian in person
or by certified mail.
[Added 3-4-1999 by Ord. No. 99-6]
I.
If the juvenile has been issued a warning, or convicted
of violating this article on a prior occasion within six months of
the date of the alleged subsequent violation, there shall be a presumption
that the parent or guardian having care of the juvenile knew or should
have known of the juvenile's violation of this article.
[Added 3-4-1999 by Ord. No. 99-6]
[Amended 4-19-1990 by Ord. No. 90-16; 3-4-1999 by Ord. No. 99-6]
A.
After receipt of a warning notice pursuant to § 182-8 of a first violation by a juvenile, if the juvenile is found guilty of a second violation of the park rules he shall be deemed to be in violation of this article and subject to the penalties set forth in § 182-9(B); additionally the parents and guardian of the juvenile shall also be subject to prosecution under this article under such circumstances.
