[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Gibbsboro 4-21-1987 by Ord. No. 87-5 (Ch.
129 of the 1982 Code). Amendments noted where applicable.]
A.
It shall be unlawful for any person in a public park
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 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 borough park, nor disturb its habitat
within a borough 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 and federal fish and game laws.
(9)
Throw, discharge or otherwise place or cause to be
placed in the water 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 result in the pollution of said waters.
(10)
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 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 vehicles 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 Park and Recreation Commission or other persons designated by the Borough Council. Notwithstanding any other fines or penalties which may be provided under § 278-1 of the Ordinances of the Borough of Gibbsboro, any person found violating this section shall be subject to a minimum fine of $1,000 with a maximum fine of $2,500. Any person found violating this section for a second or subsequent offense shall be subject to a minimum fine of $2,500.
[Amended 7-10-2013 by Ord. No. 2013-07]
(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 Park and Recreation Commission and other persons designated
by the Borough Council 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 to 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
water raft, whether motor-powered or not, upon any waters, except
at places designated for boating by the Park and Recreation Commission
or other persons designated by the Borough Council. 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)
Picnic or lunch in a place other than those
designated for that purpose. Attendants 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.
(21)
Violate the regulation that use of individual
fireplaces together with tables and benches follows the generally
accepted rule of first-come-first-served.
(22)
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.
(23)
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.
(24)
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, except in those
areas designated by the Park and Recreation Commission or other persons
designated by the Borough Council for those purposes.
(25)
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, such as football, baseball
and lacrosse, is prohibited, except on the fields and courts or areas
provided therefor. Roller-skating shall be confined to those areas
specifically designed for such pastime.
(26)
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.
B.
Shooting into park areas from beyond park boundaries
is forbidden. 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 and federal fish and game
laws.
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 or drink the same at any
time, nor shall any person be under the influence of intoxicating
liquor in a park.
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 standpoints.
At the discretion of the Park and Recreation Commission or other person
designated by the Borough Council, 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 the Park and Recreation Commission
or other person designated by the Borough Council 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.
Build or attempt to build a fire, except in such areas
under such regulations as may be designated by the Park and Recreation
Commission or other person designated by the Borough Council. No person
shall drop, throw or otherwise scatter lighted matches, paper or other
inflammable material within any park or on any highways, roads or
streets abutting to contiguous thereto.
[Amended 6-12-2013 by Ord. No. 2013-06]
F.
Enter an area posted "Closed to the Public," nor shall
any person use or abet in the use of any area in violation of posted
notices.
G.
Gamble or participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the Park and Recreation Commission or other person designated by
the Borough Council.
H.
Go onto the ice on any of the waters, except such
areas as are designated as skating fields, and provided that a safety
signal is displayed.
I.
Upon request, fail to produce and exhibit any permit
from the Park and Recreation Commission or other person designated
by the Borough Council 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 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 Park and Recreation Commission or
other person designated by the Borough Council.
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 highway
or roads in any park.
M.
All forms of smoking, including cigarettes, cigars or other types
of tobacco, shall be banned from the public parks and recreation areas
or any highway, road or street abutting or contiguous thereto. Any
person found violating the provisions of this subsection shall be
subject to a fine not to exceed $500.
[Added 6-12-2013 by Ord. No. 2013-06]
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 Park and Recreation Commission or
other person designated by the Borough Council.
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 the residence in any
park.
Permits for special events in parks shall be
obtained by application to the Park and Recreation Commission or other
person designated by the Borough Council, in accordance with the following
procedures:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Park and Recreation Commission or other
person designated by the Borough Council stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or associations 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 Park and Recreation
Commission or other person designated by the Borough Council 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 Park
and Recreation Commission or other person designated by the Borough
Council 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 Borough.
(5)
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C.
Appeals procedure.
(1)
Within five days after the receipt of an application,
the Park and Recreation Commission or other person designated by the
Borough Council 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 Borough Council by serving written notice on the
Borough Clerk within five days of said refusal.
(2)
A copy of said notice shall also be served on the Park and Recreation Commission or other person designated by the Borough Council within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the Borough Council, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Park and Recreation Commission's or other person designated by the Borough Council decision within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council 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 Park and Recreation Commission
or other person designated by the Borough Council 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 Park and Recreation Commission or other person designated
by the Borough Council prior to the commencement of any activity or
issuance of any permit.
F.
Revocation. The Park and Recreation Commission or
other person designated by the Borough Council shall have the authority
to revoke a permit upon a find of violation of any rule or ordinance
or upon good cause shown.
A.
The Park and Recreation Commission or other person
designated by the Borough Council and park attendants shall, in connection
with their duties impose by law, diligently enforce the provisions
of this chapter.
B.
The Park and Recreation Commission or other person
designated by the Borough Council 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 Park and Recreation Commission or other person
designated by the Borough Council 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 be enforced by the Police Department
of the Borough.
The Borough of Gibbsboro reserves the right,
with respect to any or all of the public park and recreation area
and any facilities located therein, to enter into any agreement with
the Board of Education of the Borough of Gibbsboro 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 Borough
Council or Park and Recreation Commission or other person designated
by the Borough Council heretofore or hereafter entered into shall
be free and exclusive from any control or supervision of or by the
Park and Recreation Commission or other person designated by the Borough
Council.
This chapter is in addition to and not in derogation
of any other ordinance involving or effecting any of the subject matters
contained in the within chapter.
[Amended 4-27-2005 by Ord. No. 2005-7]
