Township of Mount Holly, NJ Article I General Provisions

[Adopted 7-7-1980 as Sec. 3-16 of Ch. III of the Revised General Ordinances]

§ 187-1 Prohibited acts and conduct.

A. Prohibitions.

(1) No person in a public park and recreation area shall:

(a) Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, 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.

(b) Fail to cooperate in maintaining rest rooms and wash rooms in a neat and sanitary condition. No person above the age of five years shall use the rest rooms and wash rooms designated for the opposite sex.

(c) 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.

(d) 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.

(e) Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seed of any trees or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.

(f) 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.

(g) Hunt, molest, harm, frighten, kill, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, nor shall he remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird.

[Amended 6-22-1992 by Ord. No. 1992-5]

(h) 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 or adjacent to 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.

(i) 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 or contiguous to any part 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.

(j) Drive 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.

(k) Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.

(l) Leave a vehicle standing or parked at night at established parking areas or elsewhere in the park area.

(m) Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.

(n) Ride a bicycle without reasonable regard to the safety of others.

(o) Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.

(p) Swim, bathe or wade in any waters or waterways in or adjacent to 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 purposes of swimming or bathing or congregate thereat when such activities are prohibited by the Department of Recreation upon a finding that such use of the water would be dangerous or otherwise inadvisable.

(q) Frequent any waters or places designated for the purposes of swimming or bathing or congregate thereat, except between such hours of the day as shall be designated by the Department of Recreation for such purposes for each individual site.

(r) Allow himself to be so covered with a bathing suit so as to indecently expose his person.

(s) Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.

(t) 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 hereafter may be adopted.

(u) 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.

(v) Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on or remain on or in any boat during said closed hours of the park.

(w) Fish in any area where bathing is permitted.

(x) No person shall carry or possess firearms of any description or air rifles, spring guns, bows 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. Shooting into park areas from beyond park boundaries is forbidden.

(y) Picnic or lunch in a place other than those designated for the purpose.

(z) 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.

(aa) Drive, or permit to be driven, any vehicle registered for 9,000 pounds gross vehicle weight (GVW) on any park road or path, with the exception of trucks making bona fide deliveries.

(2) Nothing herein in § 187-1A(2), (5), (6), (10), (16) or (17), or any other subsections contained in this chapter shall be construed to prohibit any group, individual or any authorized organization from temporarily moving vegetation or other noxious growth, or for the temporary removal or moving of any stones, rocks or other materials for the purpose of allowing the launching or disembarking of any canoe, kayak, or other nonmotorized vessel designed for recreational boating activity on or about Rancocas Creek at the “possible boat launch” locations within the Mt. Holly Bypass/RTE 541 Area, OxBow Area, Monroe Park, Mill Dam Park, and Iron Works Park, which are more specifically defined and identified as “possible boat launch” locations in Appendix A to Chapter 187, Parks and Recreation Areas, of the Township Code.[1]

[Added 2-11-2019 by Ord. No. 2019-2]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

B. Conduct in particular. 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:

(1) Bring alcoholic beverages into the park or drink the same at any time, nor shall any person be under the influence of intoxicating liquor in a park. The Township Council, in connection with public celebrations or similar special events, by written permit, may, except from the provisions of this subsection the consumption of alcoholic beverages in a public park as specified in such permit, and on a date and between hours therein specified and subject to conditions designed to prevent any abuse or disorder resulting therefrom.

(2) 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 flammable 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 Township Council, permits may be given for conducting properly supervised fireworks in designated park areas.[2]

[2] Editor's Note: See Ch. 130, Fireworks.

(3) Appear at any place in other than proper clothing.

(4) Solicit alms or contributions for any purpose, whether public or private.

(5) Build or attempt to build a fire except in such areas and under such regulations as may be designated. No person shall 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.

(6) 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.

(7) Gamble, participate in or abet any game of chance except in such areas and under such regulations as may be designated by the Department of Recreation.

(8) 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.

(9) Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.

(10) Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

(11) 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 public lands or highways or roads adjacent to a park.

§ 187-2 Hours; exceptions.

A. Except for unusual and unforeseen emergencies and the exclusions noted in Subsections B, C and D below, parks shall be open to the public every day of the year from one hour before sunrise to one hour after sunset. No person and/or vehicle shall be present in any designated park at a time other than these designated hours. The parks governed by these hours are:

	Carlton Avenue Recreation Area.
	Chestnut Street Basketball Court.[1]
	Chestnut Street Recreation Area.
	Creek Island.
	Fountain Square.
	Iron Works.
	Mill Dam.
	Millstone Park. [Added 10-10-1989 by Ord. No. 1989-15]
	Monroe.
	Murrell Street Park. [Added 10-10-1989 by Ord. No. 1989-15]
	Recreation area located on west side of Pine Street and Mill Street. [Added 10-10-1989 by Ord. No. 1989-15]
	Saul Place Recreation Area
	The Mount
	Veterans Park
	Woolman's Lake

[1] Editor's Note: The reference to the Brainerd Street Community Center, which immediately followed this entry, was repealed 10-10-1989 by Ord. No. 1989-15.

B. The Township Council, in connection with public celebrations or other special events, may, by written permit, provide for a later closing hour for a specified park for a specific date and subject to whatever conditions are needed to ensure the public safety of the participants.

C. Persons who are walking through the park on designated walkways are excluded from the closing hour designation, provided that their length of time in the park is limited to that required to traverse the park area.

D. Persons who are participating in recreation activities on facilities lighted by the Township are exempt from the closed hour designation while the lights are functioning.

E. Any section or part of any park may be declared closed to the public at any time and for any interval of time, either temporary or at regular and stated intervals, daily or otherwise, and either entirely or merely for certain uses.

§ 187-3 Permits.

Permits for special event in parks shall be obtained by application to the Department of Recreation in accordance with the following procedure:

A. A person seeking issuance of a permit hereunder shall file an application with the Department of Recreation stating:

(1) The name and address of the applicant.

(2) The name and address of the person, 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 such permit is desired.

(5) Any other information which the Department of Recreation shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

(6) Any organization utilizing the Iron Works Park lights shall provide a complete roster with the name, address, and telephone number of all participants prior to use. The Township will access a fee of $25 per nonresident participant annually.

[Added 2-27-2006 by Ord. No. 2006-03]

(7) Any organization utilizing the concession stand shall pay an escrow fee of $500 annually prior to use. The fee will be returned upon inspection and as long as the Township has not incurred any cost associated with the use of the concession stand.

[Added 2-27-2006 by Ord. No. 2006-03]

B. Standards for issuance of a use permit by the Department of Recreation 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 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 or police operation by the Township of Mount Holly.

(5) That the facilities desired have not been reserved for another use at the date and hour requested in the application.

C. Appeal.

(1) Within five days after receipt of an application, the Department of Recreation shall appraise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Parks and Recreation Committee by serving written notice thereof on the committee within five days of said refusal.

(2) A copy of said notice shall also be served on the Department of Recreation within the same time, and said Department shall immediately forward the application and reasons for its refusal to the committee who shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Department of Recreation's decision within 10 days from the receipt of the appeal by him. The decision of the Parks and Recreation Committee 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 Department of Recreation 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 Department of Recreation prior to the commencement of any activity of issuance of any permit.

F. Revocation. The Department of Recreation shall have the authority to revoke a permit upon the finding of violation of any rule or ordinance or upon good cause shown.

G. Permit fees. All groups, organizations and/or leagues will be required to pay a reasonable fee ("permit fee") to use municipal facilities and Board of Education facilities scheduled and maintained by Mount Holly Township. Said fees, rents, rates or other charges shall be kept on file with the Director of Recreation and may be modified as appropriate, subject to review and approval by the Township Council via passage of a resolution. In addition to the permit fee to be established herein, an additional fee of $25 per field, per evening shall be charged to any group, organization or league which requests use of the recreational lighting facilities in any park or recreation area within the Township to cover the costs associated with use, maintenance and utility charges for operation of said lighting facilities. Said lighting fee shall be paid at the issuance of the permit.

[Added 1-14-2008 by Ord. No. 2007-29]

§ 187-4 Enforcement.

A. The Police Department, the Department of Recreation and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.

B. The Police Department, the Department of Recreation and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this article.

C. The Police Department, the Department of Recreation 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 article.

§ 187-5 Violations and penalties.

[Amended 12-10-1984 by Ord. No. 1984-22; 6-22-1992 by Ord. No. 1992-5]

Any person violating any of the provisions of this article 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 $1,000 and, in default of payment thereof, may be sentenced to imprisonment in the county jail, in the discretion of the Judge, for a term not exceeding 90 days, or both.