The purpose of this article is to establish rules and regulations for the use, protection, care and control of parks and to regulate the conduct of persons on or within such parks and related facilities and to provide penalties for the violation thereof.
[Adopted 2-18-1986 by Ord. No. 1901 (Ch. 187, Art. I, of the 1979 Code)]
As used in this article, the following terms shall have the meanings indicated:
Includes all lands owned, controlled or operated by the City of Garfield for recreational purposes, including but not limited to playgrounds, vest-pocket parks, play areas, fields, walkways and parking areas.
Any natural person or persons, corporation, partnership, organization or unincorporated entity.
A person or persons designated by the City Manager who shall have primary responsibility for enforcement of this article and ordinances regarding the City of Garfield parks and scheduling recreational activities.
[Amended 5-20-1980 by Ord. No. 1723]
A.
Except as otherwise provided herein, no person shall use or suffer to use any park or park facility of the City of Garfield between 1/2 hour after sunset and 1/2 hour before sunrise.
B.
The Recreation Director or City Manager may authorize by written permit use of a park or park facility at any time.
C.
Parks with lighted walkways may be used for pedestrianism whenever walkway lights are illuminated, but in no event beyond 12:00 midnight.
D.
No person, after being given warning, shall loiter in the park 1/2 hour after sunset.
E.
No game, event or activity shall commence after 9:30 p.m., nor shall any inning or period commence after 10:30 p.m.
F.
Persons conducting City of Garfield business, including repair, maintenance, custodial and law enforcement activities, may at any time enter to and upon park premises exclusively for City of Garfield business.
With the exception of law enforcement and park personnel in their performance of City- or park-related activities and with the exception of activities so noted, no person shall:
A.
Injure, deface, displace, remove, fill in, raise, destroy or tamper with any path, walk, bridge or approach thereto, take up or remove or carry away any asphalt, concrete, flagstone, rock, stone, gravel, sand, clay or earth or make any excavation of any kind or nature or injure, deface, displace, remove or destroy any structure, building, post, railing, bench, seat, platform, stand, table, tree guard, telephone, pipe or main for conducting gas, water or wires or any hydrant, sewer drain, pipe, main receiving basin, covering manhole or vent forming a part thereof or any appurtenance or appendage connected therewith or any property or equipment, real or personal, owned by or under the jurisdiction or control of the City or appertaining to the creation, government, use of and maintenance of the City parks or injure or in any way interfere with the operation of any machine, instrument or contrivance used in such parks or injure, deface, displace, remove or destroy any sign, inscription, post or monument erected or marked for any purpose or any mile board, milestone, danger sign or signal, guide sign or post, or any signaling device, stanchion installed or placed by the City for the purpose of direction, restricting or regulating traffic, establishing zone or giving information or direction to the public, or interfere with any lamp, lamppost, gas or electric apparatus or extinguish the light therein, except upon proper authority.
B.
Cut, injure, deface, remove, disturb, mark or write upon any tree, shrub, flower or other plant.
C.
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.
D.
Discard, dump or deposit any bottles, glass, ashes, paper, boxes, cans, dirt, debris, rubbish, waste or refuse. No rubbish, waste or refuse shall be placed in any fountain but shall be placed in proper receptacles. Where receptacles are not provided, all rubbish, waste or refuse shall be carried away from the park by the person responsible for its presence.
E.
Except as specifically permitted for approved fireworks display, bring into the park or have in his possession at the park, any explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination of or conjunction with other substances or compounds may decompose suddenly and generate heat, gas or pressure or any or all of them to produce rapid flaming combustion or administer a destructive blow to surrounding objects.
F.
With the exception of official starters at authorized events, bring into any park or have in his possession any pistol, revolver, rifle, shotgun, air gun, spring gun, slingshot, bow or object or instrument upon which loaded or blank cartridges may be used or which is capable of propelling a force or object, nor shall any person fly or cause to fly any model airplane or like object.
G.
Bring into the park any tool, instruments, skeleton keys, picklocks, jimmies or other things known as "burglar tools" except when authorized for lawful purposes.
H.
Throw stones or other objects so as to annoy or injure other persons.
I.
Hunt, molest, kill, wound, trap, capture, chase, remove or have in his possession any animal, reptile, bird or egg, nor shall any person knowingly purchase, receive, possess, sell or transfer any such animal, reptile, bird or egg.
J.
Operate a snowmobile, motorized bicycle, minibike or other motorized or electric vehicle.
K.
Except where specifically designated and authorized, kindle or make any open fire.
L.
Distribute or cause to be distributed any circular, card or written material or post, paste or affix any sign or notice.
M.
Sell or offer for sale any object or merchandise or other item, except where specifically licensed to do so by the City Manager or his designee.
N.
Bring or harbor any animal, reptile or bird.
O.
Swim, bathe or wade in any waters or waterways in or adjacent to any park, except as allowed by permit or specifically posted designated area and except when clad in suitable bathing apparel.
P.
Robe or disrobe in any vehicle, toilet, building or other place.
Q.
Endanger the safety of other persons by conduct or act.
R.
Prevent any person from using the park in a lawful manner or interfere with such use or compliance with this article or any City ordinance.
S.
Fail to obey or interfere with a law enforcement official or park personnel in the performance of their duties.
T.
Violate any ordinance, rule or regulation for use of the park as approved by the City Council.
U.
Conduct any amusement for gain or for which a charge is made.
V.
Engage in, participate in, aid, form or organize any assembly or group of people or make any speeches or conduct any musical program or festivals in any park unless a permit has been obtained from the City Manager and unless such permit is carried by the person heading or leading such activity, provided that the provisions hereof shall not apply to students' work when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities, nor to any governmental agency within the scope of its functions.
W.
Bring or cause to be brought into a park, including parking and other appurtenant park areas, or have in his possession any glass container, bottle, jar, hollow vessel of glass or earthenware, whether or not containing any liquid substance, except for condiments and other items like relish, pickles, ketchup and mustard used at a picnic, nor shall any person possess, bring or cause to be brought into any park or appurtenant park areas any spray paint or spray paint container.
X.
Bring or cause to be brought into any park, including any parking areas appurtenant to any park, or have in his possession or control at the park any alcoholic beverage. Any person in any motor vehicle wherein any such alcoholic beverage is found shall be presumed to have possession and control of such alcoholic beverage.
A.
Except as permitted at designated times and in designated areas, no person shall engage in any of the following activities:
Badminton | |
Baseball | |
Basketball | |
Bathing | |
Bike riding | |
Bocce | |
Fishing | |
Football | |
Horseshoe pitching | |
Jogging | |
Kite flying | |
Operation of any musical instrument, soundtrack or drum | |
Operation of model airplane or similar device | |
Picnicking | |
Skiing | |
Sledding | |
Soccer | |
Softball | |
Swimming | |
Tennis | |
Volleyball | |
Wading | |
Walking |
B.
No person shall picnic or lunch in any place other than those designated for that purpose, and park personnel and other attendants designated by the Director shall have the authority to regulate picnic and lunch activities in designated areas to prevent congestion and secure maximum use and comfort and enforce reservations of picnic areas.
C.
Each person or permittee using any area of the park, including picnic and lunch areas, shall clean up all debris, refuse and waste and leave the premises in good, neat and sanitary order.
A.
No person shall engage in any of the following activities without first having secured a written permit:
Fireworks | |
Lighted softball and/or soccer | |
Reserved picnics or lunches | |
Reserved touch or flag football | |
Softball and soccer | |
Special organized events | |
Tennis | |
Use of recreation buildings |
B.
Applications available from the Recreation Director shall be filed not less than 20 days nor more than 60 days before the date on which it is proposed to conduct an activity.
C.
The original and one copy of the permit shall be presented to the City Manager or his designee, one copy to the Recreation Director and one copy to the Police Department.
D.
Said application shall provide the following:
(1)
The name, address and daytime telephone of person, organization or entity requesting the activity.
(2)
The name, address and daytime telephone of a natural person designated as the responsible agent of the organization or entity.
(3)
The name, address and daytime telephone of the chairman of such activity.
(4)
The date and hours of the requested activity.
(5)
The park or portion thereof for which the permit is requested.
(6)
A description of the nature of the activity.
(7)
The estimated number of participants and/or attendees.
(8)
A copy of the organization's insurance liability certificate, including the extent of liability coverage, and name, address and telephone number of the insurance agent.
(9)
A certification that the information contained therein is true and that if the information is willfully false, the certifying natural person can be subject to punishment.
E.
The City Manager or his designee shall grant the requested permit, provided that:
(1)
The information contained therein can be verified.
(2)
The activity will not unreasonably interfere with or detract from the general public enjoyment of the park.
(3)
The activity will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation.
(4)
The facility, park or portion thereof have not previously been reserved.
(5)
The activity will not substantially interrupt the safe and orderly movement of traffic.
(6)
The activity will not require the diversion of so great a number of police or special police officers of the City to properly regulate and control the activity and contiguous areas as to prevent normal police protection of the City of Garfield.
(7)
The conduct of the activity will not require an unusual and debilitating diversion of other manpower that normal services cannot be maintained in the City.
(8)
The conduct of the activity is not unreasonable, likely to cause injury to persons or property, incite violence, crimes or violations of City ordinances.
(9)
The activity is not to be held for the sole purpose of advertising any product, service, good, event or is not designated to be held purely for private profit or economic benefit.
(10)
The activity will not expose the City of Garfield to unusual and/or extraordinary liability for personal injury, property damage, infringement of intellectual property rights or other peril.
(11)
The organization, entity or person has not previously been guilty of violation of this article or similar City ordinances or criminal or disorderly persons offenses.
(12)
When required to secure the safety of persons and/or property, or to insure compliance with this article an indemnity bond or cash deposit be made with the City of Garfield on such terms and in such amount and under such conditions as approved by the City Attorney or City Manager.
(13)
The required permit fee is paid.
(14)
A hold harmless and indemnification agreement exculpating the City of Garfield from losses, expenses, claims and fees is executed.
(15)
Satisfactory proof of liability insurance by an insurance company authorized to do business in New Jersey, with minimum coverage of $100,000/$300,000 is provided.
F.
G.
Annual and permit fees. The City Council shall adopt, by resolution, a schedule of fees to be paid and collected in connection with regulated activities. Such fee shall, unless revised annually, remain in effect.
The City Council is hereby authorized to adopt such further rules and regulations not inconsistent herewith.
A.
This article may be enforced by the Director and Park Personnel.
B.
Any person who violates any provision of this article shall, upon the first such offense, be subject to a fine of not less than $25 nor more than $250. For a second offense occurring within 10 years of the first, such person shall be subject to a fine of not less than $100 nor more than $500 and/or imprisonment for up to 30 days, or both. For a third or subsequent offense occurring within 10 years after the first offense, such person shall be subject to a fine of not less than $250 and not more than $1,000 and/or imprisonment for up to 90 days, or both.
C.
A person who has been convicted of a previous violation of this article need not be charged as a second or subsequent offender in order to render him liable to punishment imposed on a second or subsequent offender.
D.
In addition to such fine or imprisonment, a violator may be subject to restitution as determined in the discretion of the court.