Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater 12-5-1989 by Ord. No. 89-32 (§ 4-15 of the 1971 Revised General Ordinances). 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 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 the 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 site 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, 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.
(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 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 Recreation Commission.
[Amended 12-19-1989 by Ord. No. 89-33[1]]
[1]
Editor's Note: This ordinance also provided that references to the "Recreation Commission" throughout this chapter shall be understood to refer to the Board of Recreation Commissioners as established by Article XXII of Chapter 10 of the Code of the Township of Stillwater.
(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 for 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 Recreation Commission upon a finding that such use of the water would be dangerous or otherwise inadvisable
[Amended 12-19-1989 by Ord. No. 89-33]
(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 or support be connected to 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 Recreation Commission. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
[Amended 12-19-1989 by Ord. No. 89-33]
(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, 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.
(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 Recreation Commission for those purposes.
[Amended 12-19-1989 by Ord. No. 89-33 ]
(26) 
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.
(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.
(28) 
Fail to comply with any rule or regulation regarding the public's use of any public park or recreation area established by resolution of the Township Committee and prominently posted in the public park and/or recreation area.
[Added 8-16-2016 by Ord. No. 2016-12]
B. 
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 or drink same at any time, nor shall any person be under the influence of intoxicating liquor in a park.
(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 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 Recreation Commission, permits may be given for conducting properly supervised fireworks in designated park areas.
[Amended 12-19-1989 by Ord. No. 89-33]
(3) 
Be responsible for the entry of a dog or other domestic animal into areas clearly marked by the Recreation Commission 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.
[Amended 12-19-1989 by Ord. No. 89-33 ]
(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 by the Recreation Commission. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
[Amended 12-19-1989 by Ord. No. 89-33 ]
(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 or participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the Recreation Commission.
[Amended 12-19-1989 by Ord. No. 89-33]
(8) 
Go onto the ice on any of the waters, except such areas as are designated as skating fields, provided that a safety signal is displayed.
(9) 
Upon request, fail to produce and exhibit any permit from the Recreation Commission 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.
[Amended 12-19-1989 by Ord. No. 89-33 ]
(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) 
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 regularly licensed concessionaire acting by and under the authority and regulation of the Recreation Commission.
[Amended 12-19-1989 by Ord. No. 89-33]
(12) 
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to he erected any sign whatever on any park lands or highways or roads in any park.
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 Recreation Commission.
[Amended 12-19-1989 by Ord. No. 89-33]
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 in any park may be maintained on the basis of residence.
[Amended 12-19-1989 by Ord. No. 89-33]
Permits for special events in parks shall be obtained by application to the Recreation Commission in accordance with the following procedures:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Recreation Commission 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 Recreation Commission 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 Recreation Commission 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 Township.
(5) 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
C. 
Within five days after the receipt of an application, the Recreation Commission 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 Township Committee by serving written notice thereof on the Township Clerk within five days of said refusal. A copy of said notice shall also be served on the Recreation Commission within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Recreation Commission's decision within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Township 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 Recreation Commission 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 Commission prior to the commencement of any activity or issuance of any permit.
F. 
Revocation. The Recreation Commission shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
[Amended 12-19-1989 by Ord. No. 89-33]
A. 
The Recreation Commission and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Recreation Commission 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 Recreation Commission and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park or which is used in violation of this chapter.
D. 
This chapter shall also be enforced by the Stillwater Township Police Department.
[Amended 12-19-1989 by Ord. No. 89-33]
The Township reserves the right with respect to any or all of the public park and recreation areas and any facilities located therein to enter into any agreement with the Board of Education of the Stillwater Township School 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 Stillwater Township Committee or Recreation Commission heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Recreation Commission.
[Amended 12-19-1989 by Ord. No. 89-33]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the penalties set forth in Chapter 1, Article III, General Penalty, and any person so convicted shall be responsible for the replacement, repair or restoration of any damaged park property.
This chapter is in addition to and not in derogation of any other ordinance involving or affecting any of the subject matters contained in this chapter.
[Added 7-11-2006 by Ord. No. 2006-14]
A. 
Smoking is prohibited in all Township parks and recreation facilities except for areas specifically designated as smoking areas. For purposes of this chapter, "smoking" is defined as the burning of a lighted cigar, cigarette or pipe, or any other matter or device that contains tobacco, including the carrying of lighted tobacco, and shall be prohibited at all times within the public parks and recreational facilities of the Township of Stillwater, including but not limited to:
(1) 
All fields, parking lots, restrooms, bleacher areas, dugouts, playground areas, concession stands and shelters; and
(2) 
All enclosed public park buildings owned, leased or operated by the Township of Stillwater.
B. 
No smoking signs shall be clearly, sufficiently and conspicuously posted at the entrance to the park and at any concession stand. Smoking is only permitted in the areas posted as designated smoking areas with appropriate signage.
C. 
Any person who violates this section is guilty of a petty disorderly persons offense and subject to a fine of up to $2,000.