[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]]
(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:
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.
[Added 7-20-2021 by Ord.
No. 2021-08; amended 12-21-2021 by Ord. No. 2021-17]
Sports teams or organizations that have obtained approval from
the Stillwater Township Recreation Commission to use an athletic field(s)
at Veterans Park may also submit a written request to the Recreation
Commission for approval for such team or organization to provide and
use temporary lighting at Veteran's Memorial Park. The request
must include information regarding the number and type of lights,
as well as the type of generator that it will use to power the lights.
The Township of Stillwater will not supply electricity for the lights.
If approved such team and/or organization is responsible for supplying
its own lighting equipment and generators to power such lights, and
shall secure the lights and generators in order that they cannot be
operated by anyone other than authorized team or organization personnel.
The lights and generators shall be stored at such locations as directed
by the Recreation Commission, and the team or organization is responsible
for any damage or theft of the lights and generators, the Township
of Stillwater assumes no responsibility for such items. The team or
organization shall also provide proof of insurance for the lighting
and generators as well as liability insurance in such amounts as determined
by the Township Committee and its risk manager. Additionally, all
lights and generators must be shut off no later than 8:30 p.m. The
team or organization shall also sign such indemnification and hold
harmless agreements as may be required by the Recreation Commission
and the Township of Stillwater. The Township's Code Enforcement
Officer is authorized to enforce this section.
