[HISTORY: Adopted by the Township Committee of the Township of Independence 12-27-1988 by Ord. No. 88-29 (Ch. 122 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Committee — See Ch. 76.
Fees — See Ch. 206.
[Amended 9-8-2015 by Ord. No. 2015-06]
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 of the park shall be posted therein for public information and shall be determined from time to time by resolution of the governing body upon the advice and recommendation of the Recreation Committee.
B. 
No persons shall, on the grounds of race, color, national origin, religion, age, sex or handicap, be excluded from participation and be denied the benefits of or be otherwise subjected to discrimination in any park facility, program or activity.
[Amended 9-8-2015 by Ord. No. 2015-06]
Permits for special events in parks and recreation areas shall be obtained by application to the Recreation Committee or Township Clerk in accordance with the following procedures:
A. 
The application shall set forth the following information:
(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 the permit is desired.
(5) 
Any other information which the approving governing agency shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(6) 
Variances required from park rules and regulations.
B. 
Standards for issuance of a use permit shall include the following things:
(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.
[Amended 12-9-2008 by Ord. No. 2008-15]
No person shall be permitted within a Township park or recreation area under the influence of drugs or narcotics. No person shall possess or consume alcoholic beverages, drugs or narcotics in any park or recreation area.
No group of 100 or more persons shall use a Township park or recreation area without first having obtained a group use permit not later than 30 days before the proposed date of use. Group use shall be limited to designated areas. Adult supervision of children's groups is required at all times.
[Amended 9-8-2015 by Ord. No. 2015-06]
No persons shall call or hold any public meeting or give any concert or public entertainment of any kind within a Township park or recreation area without first having obtained written permission in advance from the Township Committee no later than 30 days before the proposed date of use.
[Amended 9-8-2015 by Ord. No. 2015-06]
No person shall use loudspeakers, public address systems or amplifiers within a Township park or recreation area without first having obtained written permission in advance from the Township Committee no later than 30 days before the proposed date of use.
No person shall, without permission, enter into or remain within a Township park or recreation area except during the posted hours the park or recreation area is open to the general public.
A. 
It shall be unlawful for any person in the 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 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 Township park or disturb its habitat within a Township 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 it 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 Township.
[Amended 9-8-2015 by Ord. No. 2015-06]
(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 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 wash in any waters or waterways in any park, except in such waters and at such places as are specifically designated therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted.
[Amended 9-8-2015 by Ord. No. 2015-06]
(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 guide 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. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
[Amended 9-8-2015 by Ord. No. 2015-06]
(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. 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.
(22) 
Violate the regulation that use of individual fireplaces, together with tables and benches, follows the generally accepted rule of first-come, first-served.
(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 an unreasonable time if the facilities are crowded.
(24) 
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.
(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 Park Commission 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, javalins, 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.
(27) 
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.
[Amended 9-8-2015 by Ord. No. 2015-06]
The Independence Township Police Department shall have the authority to eject from the park any person or persons acting in violation of this chapter and shall be authorized to seize or confiscate any property, thing or device in the park or used in violation of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-01]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property, and the penalty shall be a minimum fine of $100 and a maximum penalty of one or more of the following: a fine not exceeding $2,000, imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.