[Adopted 9-11-1972 by Ord. No. 72-9 (Ch.
175, Art. I, of the 1985 Code)]
This article shall be known and may be cited
as the "Park and Ball Field Control Ordinance."
For the purpose of this article, the terms used
herein are defined as follows:
That part of the park area designated for playing all kinds
of ball games.
The Borough of Woodcliff Lake.
Remaining idle in essentially one location, and shall include
the colloquial expression "hanging around."
That portion of the Old Mill Park which is enclosed and used
for swimming, recreational programs and picnics.
[Added 12-23-1975 by Ord. No. 75-17]
Any adult person having the care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
A park, reservation or any other area in the Borough, owned
or used by the Borough and devoted to recreation.
[Added 12-23-1975 by Ord. No. 75-17]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
That area of the Old Mill Park (and immediate vicinity) used
for playing tennis.
[Added 12-23-1975 by Ord. No. 75-17]
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. Exception is made for baby carriages and
vehicles in the service of the Borough.
[Added 4-15-1985 by Ord. No. 85-4]
All provisions of this chapter shall apply to
all property owned by the Board of Education of the Borough of Woodcliff
Lake and designated as "park" or "ball field" by resolution of such
Board. Upon such designation and until further action of the Board,
such properties, hereinafter called "school properties," shall thereafter
be included in the definition of "park" or "ball field" in this chapter
as if originally set forth therein; provided, however, that the issuance
of permits and the granting of permission or approval and other provisions
and conditions of operating policy, as set forth in this article,
with respect to school properties that are subject exclusively to
control by the Board of Education shall be determined by resolution
of the Board. With respect to school properties that are subject to
joint control of the Board of Education and the Mayor and Council
(such as that portion of Lot 13 in Block 1504 that is described in
the Interlocal Services Act Agreement between the Board and the Mayor
and Council, dated March 3, 1975), nothing herein shall be deemed
to modify the said Interlocal Services Act Agreement.
[Amended 10-6-2008 by Ord. No. 08-07[1]]
A.
Park and field hours shall be as provided in Article II of this chapter, except that the Mayor and Council may, from time to time and by permit only, prescribe other hours for special events.
B.
For the purposes of this section, the activation of the Borough of Woodcliff Lake Lightning Detection System constitutes a duly proclaimed emergency. Upon such activation, all public parks, playgrounds and open spaces of the Borough of Woodcliff Lake are immediately closed and remain closed through the entire duration of the System activation. All groups and individuals using these areas must immediately stop their activities and exit for the purpose of seeking shelter. It is prohibited and unlawful to violate this section, and punishable under § 240-14 of the Borough Code.
No person in a park shall:
A.
Buildings and other property.
(1)
Disfiguration and removal. Willfully mark, deface,
disfigure, injure, tamper with or displace or remove any building,
bridges, tables, benches, fireplaces, railings, paving or paving materials,
water lines 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)
Restrooms and washrooms. Fail to cooperate in maintaining
restrooms and washrooms in a neat and sanitary condition. No person
over the age of six years shall use the restrooms and washrooms designated
to the opposite sex.
(3)
Removal of natural resources. Dig or remove any soil,
rock, stones, trees, shrubs or plants, down timber or other wood or
materials or make any excavation by tool, equipment, blasting or other
means or agency.
(4)
Erection of structures. Construct or erect any building
or structure of whatever kind, whether permanent or temporary in character,
or run or string any public utility into, upon or across such lands,
except on special written permit issued hereunder.
B.
Trees, shrubbery, lawns.
(1)
Injury and removal damage. Cut, carve, transplant
or remove any tree or plant, 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. A person shall not
dig in or otherwise disturb grass areas or in any other way injure
or impair the natural beauty or usefulness of any area.
(2)
Climbing and similar activities. Climb any tree or
walk, stand or sit upon monuments, vases, fountains, railings, fences,
ornamental urns, flower boxes, guncarriages or upon any other property
not designated or customarily used for such purposes.
(3)
Hitching of animals. Tie or hitch a horse, dog or
other animal to any tree or plant.
C.
Wild animals, birds and reptiles.
(1)
Hunting. Hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw missiles at any animal, reptile or bird,
nor shall he remove or have in his possession the young of any wild
animal or the eggs, nest or young of any reptile or bird. Exception
to the foregoing is made in that snakes known to be deadly poisonous,
such as rattlesnakes, copperheads and other deadly reptiles, may be
killed on sight.
(2)
Feeding. Give or offer or attempt to give any animal
or bird any tobacco, alcohol or other known noxious substances.
No person in a park shall:
A.
Pollution of waters. Throw, discharge or otherwise
place or cause to be placed in the waters or 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 waters, any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
B.
Refuse and trash. Have brought in or dump, 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 park or
left anywhere on the grounds thereof, but shall be placed in the proper
receptacles where these are provided. Where receptacles are not so
provided, all such rubbish or waste shall be carried away from the
park by the person responsible for its presence and properly disposed
of according to law.
No person in a park shall:
A.
State motor vehicles laws apply. Fail to comply with
all applicable provisions of the state motor vehicles traffic laws
in regard to equipment and operation of vehicles, together with such
other regulations as are contained in this chapter and other Borough
ordinances.
B.
Enforcement of traffic regulations. Fail to obey all
police officers and park employees, such persons being hereby authorized
and instructed to direct traffic whenever and wherever needed in the
parks and on the highways, streets or roads immediately adjacent thereto
in accordance with the provisions of these regulations as may be issued
subsequently by the Chief of Police or Borough Administrator and approved
by the Mayor and Council.
C.
Obey traffic signs. Fail to observe carefully all
traffic signs indicating speed, direction, caution, stopping or parking
and all others posted for proper control and to safeguard life and
property.
D.
Operation confined to roads. Drive any vehicle on
any park area except the paved roads or parking areas or such other
areas as may on occasion be specifically designated as temporary parking
areas by the Chief of Police or Borough Administrator and approved
by the Mayor and Council.
E.
Parking.
(1)
Designated areas. Park a vehicle in other than an
established or designated parking area, and such use shall be in accordance
with the directions posted.
(2)
Emergency procedure. Fail to notify the Police Department
immediately of any emergency in the nature of a breakdown requiring
the assistance of a tow truck, mechanic or other person.
(3)
Double-parking. Double-park any vehicle on any park
road unless so directed by a police officer.
(4)
Muffler required. Fail to use a muffler adequate to
deaden the sound of the engine in a motor vehicle as provided by N.J.S.A.
39:3-70.
F.
Speed of vehicles. Ride or drive a vehicle faster
than 15 miles per hour, except upon such roads as may be posted for
speedier travel.
G.
Bicycles.
(1)
Confined to roads. Ride a bicycle other than on a
paved vehicular road. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy area or on any paved area reserved
for pedestrian use.
(2)
Operation. Ride a bicycle other than on the right
hand of the road paving as close to the curb as conditions permit,
and bicycles shall be kept in single file when two or more are operating
as a group. 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 may overtake and to the right
of any vehicles approaching them.
(3)
Rider prohibited. No cyclist may ride any other person
on a bicycle.
(4)
Leave a bicycle lying on the ground or paving or set
against a tree or in any place or position where other persons may
trip over or be injured by it.
No person in a park shall:
A.
Hunting and firearms. Hunt, trap or pursue wildlife
at any time. No person shall use, carry or possess firearms of any
description or air rifles, spring guns, bow and arrows, slings or
any other form of weapons potentially inimical to wildlife and dangerous
to human safety or any instrument that can loaded with and fire blank
cartridges, or any kind of trapping device.[1] Shooting into park areas from beyond park boundaries is
forbidden. Excluded from the foregoing definitions are starters' pistols
used in connection with any athletic or recreational event used by
authorized recreational personnel.
B.
Picnics and refreshments.
(1)
Regulated. Picnic lunch or other refreshments shall
be eaten only in such places as may be designated for this purpose.
The Mayor and Council shall, by resolution, designate the area and
places within the Borough parks where such activities may be permitted.
(2)
Duty of picnicker. 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.
C.
Camping. No person shall set up a tent, shack or 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.
D.
Games. Take part in or abet the playing of any games
involving thrown or otherwise propelled objects, such as balls, stones,
discs, arrows, javelins or model airplanes. The playing of physically
active or comparatively dangerous games, such as football, baseball,
horseshoes and quoits, is prohibited, as are all sports involving
running or jumping, except in those areas as may be specifically set
aside by the Mayor and Council for such forms of recreation.
E.
Horseback riding. Horseback riding is not permitted
in a Borough park, except that pony rides may be offered as a feature
of a fair sponsored or approved by the Mayor and Council.
No person in a park shall:
A.
Intoxicating beverages prohibited. Have brought alcoholic
beverages, nor shall any person drink alcoholic beverages at any time
in a park, except on special occasions as approved by the Mayor and
Council.
B.
Large assemblies. It shall be necessary to produce
a permit from the Borough Administrator to permit a large group to
assemble in the park for any public or private purpose, it being understood
that the right of peaceful use of park privileges shall not be abridged
or unreasonably withheld upon proper application being made and subject
to rules and regulations established by the Mayor and Council.
C.
No person, persons or group shall block free flow
of pedestrian or vehicular traffic throughout walkways and roadways
within the limits of a park.
D.
Fireworks and explosives. Have brought or have in
his possession, or set off or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo, rocket or other fireworks or explosives
or flammable material or discharge them or throw them into any such
area from land or highway adjacent thereto. This prohibition includes
any substance, compound, mixture or article that, in conjunction with
any other substance or compound, could be dangerous from any of the
foregoing standpoints.
E.
Domestic animals. Nothing herein shall be construed
as permitting the running of dogs or other domestic animals at large.
All such animals shall be restrained at all times on adequate leashes
not greater than six feet in length.
F.
Dress. Appear in any park other than properly clothed.
"Properly clothed" shall be construed to prohibit the wearing of trunks
or clothing by males and females that do not cover the lower portion
of the body and the wearing of clothing by females that does not cover
the upper portion of the body.
G.
Alms. Solicit alms or contributions for any purpose,
whether public or private.
H.
Fires. Build or attempt to build a fire except in
such areas and under such regulations as may be designated by the
Mayor and Council of the Borough of Woodcliff Lake. No person shall
drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco, paper or other flammable material within any park
area or any highway, road or street abutting or contiguous thereto.
I.
Closed areas. 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.
K.
Exhibit permits. Fail to produce and exhibit any permit
from the Borough Administrator he claims to have, upon request of
any authorized person who shall desire to inspect the same for the
purpose of enforcing compliance with any ordinance or rule.
L.
Interference with permittees. Disturb or interfere
unreasonably with any person or party occupying any area or participating
in any activity under the authority of a permit.
M.
Smoking; possession of tobacco and vapor products.
[Added 5-3-1999 by Ord. No. 99-2; amended 5-19-2014 by Ord. No. 14-03]
(1)
No person shall smoke any tobacco or vapor product, including but
not limited to cigarettes, cigars and pipes, nor shall any person
possess such tobacco or vapor product in their hand or mouth in a
manner which outwardly appears to be an act of smoking and regardless
of whether the tobacco or vapor product is lit or unlit, on any outdoor
municipal public park, recreation area and Senior Center/Community
Center.
(2)
For purposes of this subsection, "outdoor municipal public park,
recreation area and Senior Center/Community Center" shall be defined
as any public park, playground, ball field, Senior Center/Community
Center or pool owned or leased by or situated within the Borough of
Woodcliff Lake upon which the public is invited or upon which the
public is permitted and where individuals may gather for any recreational
activity, including areas adjacent to such areas such as parking areas,
driveways, or drive aisles.
(3)
Insofar as this subsection may be applicable to property owned by the Borough of Woodcliff Lake Board of Education, and insofar as § 240-3 of this article construes the provisions of this subsection as being applicable to parks, ball fields or recreation areas owned by the Board of Education, the provisions of this subsection shall apply to property owned by the Woodcliff Lake Board of Education to the extent it is not expressly superseded by any state statute or Board of Education rule or policy adopted expressly in furtherance of state statutes providing for the prohibition of smoking on school properties.
No person in a park shall:
A.
Vending and peddling. Expose or offer for sale any
article or thing, nor shall he 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 concessionaire acting by
and under the authority and regulation of the Borough of Woodcliff
Lake.
B.
Advertising. Announce, advertise or call public attention
in any way to any article or service for sale or hire.
C.
Signs. 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 public lands, highways
or roads adjacent to a park.
A.
No person shall behave in a park or ball field area
in such manner as to:
(1)
Create or cause to be created a danger of a breach
of the peace.
(2)
Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest or interfere with any person lawfully in any park area or ball field area as defined in § 240-2. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
B.
Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any park or ball field area is causing or likely to cause any of the conditions in Subsection A hereof, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this article.
[Amended 12-23-1975 by Ord. No. 75-17]
The Mayor and Council of the Borough of Woodcliff
Lake shall, from time to time, as it shall see fit, by resolution
at a public meeting, establish rules and regulations for the control
and use of parks (including all field areas, Old Mill Park pool area
and tennis courts) within the Borough of Woodcliff Lake, including
the hours during which these facilities shall be opened to the public,
the fees which shall be charged for the use of said facilities and
the penalties which may be imposed for violation of such rules and
regulations. The rules and regulations shall be published conspicuously
in places where effective pursuant to the provisions of N.J.S.A. 40:61-1
et seq.[1]
[1]
Editor's Note: Original § 175-13,
Restrictions on use by nonresidents, which immediately followed this
section, was repealed 12-2-2002 by Ord. No. 02-14.
A.
Officials. The Borough Administrator and the Borough
police shall, in connection with their duties imposed by law, diligently
enforce the provisions of this article.
B.
Ejectment. The Borough Administrator or his duly authorized
deputy or police officer shall have the authority to eject from the
park any person acting in violation of this article.
C.
Seizure of property. All police officers shall have
authority to seize and confiscate any property, thing or device in
the park or used in violation of this article.
[Amended 4-15-1985 by Ord. No. 85-4]
Any person, firm or corporation violating any
of the provisions of this article shall be deemed guilty of a misdemeanor
and, upon conviction, shall, in the discretion of the Judge of Municipal
Court, be fined an amount not exceeding $1,000 or be imprisoned in
the county jail for a period not exceeding 90 days, or be both so
fined and imprisoned.
