[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 9-22-2008 by Ord. No. 2008-16. Other amendments noted where applicable.]
Parks and Recreation Commission — See Ch. 64.
Alcoholic beverages — See Ch. 100.
Boats — See Ch. 116.
Curfew — See Ch. 142.
Dogs and other animals — See Ch. 148.
Drug-Free Zone Map — See Ch. 152.
Garbage — See Ch. 174.
Littering — See Ch. 190.
Mosquito and West Nile Virus control — See Ch. 195.
Noise — See Ch. 201.
Nuisances — See Ch. 202.
Peace and good order — See Ch. 210.
Skateboarding — See Ch. 233.
Vehicles and traffic — See Ch. 258.
Editor's Note: This ordinance also repealed former Ch. 206, Parks and Recreation, adopted 7-12-1976 by Ord. No. 1976-10, as amended.
This chapter shall be known as the "City of Bordentown Parks and Recreation Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the City of Bordentown or his designee. When a vacancy occurs in the position of Chief of Police, the term shall also include the highest ranking uniformed police officer in the City.
- PUBLIC PARKS, GROUNDS, RECREATIONAL SITES, PLAYGROUNDS, PICNIC AREAS, BEACHES AND PARKING LOTS
- Includes all lands and premises to which the City of Bordentown has title, ownership, possession, occupancy or control of the same by deed, lease, judgment or order of court, dedication, sufferance, grant of possession, authorization or permission for use or other similar vesting of title of ownership, possession, occupancy or control.
- PUBLIC SCHOOLS, SCHOOL GROUNDS AND SCHOOL PLAYGROUNDS
- Includes all lands and premises within the City of Bordentown in and to which the Bordentown Regional Board of Education shall have title, ownership, possession, occupancy or control.
- Any motorized vehicle, motorcycle, minibike, moped, go-cart, snowmobile or other similar power-driven vehicles or equipment.
While in a public park, all persons shall conduct themselves in a proper and orderly manner; and, in particular, all persons shall obey the following regulations:
All areas and facilities shall be available on a first-come, first-served basis unless the City has authorized the use of such facilities or areas for specific designated times by written permission as provided for herein. City officials shall have the authority to regulate activities and use of facilities in such areas to prevent congestion and to secure maximum use for the comfort and enjoyment of all. Visitors shall comply with any directives given for this purpose. The use of any facility shall be reasonable and in lengths of time in relation to the number of persons desiring to use such facilities. No person shall arbitrarily or unreasonably exclude or prevent other persons from using such facilities.
No person shall utilize any facility or area of a park or recreational area for other than the designated use of said facility or area. Participating in or abetting the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, horseshoes, quoits or model airplanes, shall be in those areas set apart for such forms of recreation. The playing of rough or potentially injurious games, such as football, baseball, lacrosse and hockey, shall be allowed only on the fields, courts or areas specifically provided for these uses. Roller-skating and skateboarding, if allowed, shall be confined to those areas specifically designed for such activities.
General regulations. All persons shall:
Properly maintain all picnic areas by placing all trash, refuse, garbage and debris in designated disposal receptacles where provided. If no trash receptacles are available, or if available but full, then trash shall be carried away from the park area by the picnicker, to be properly disposed of elsewhere.
Maintain all rest rooms and washrooms in a neat and sanitary condition.
Swim, bathe or wade only in public bodies of water specifically designated for such activities. No person shall use any waters customarily designated for the purpose of swimming when such activities are prohibited by the City.
Obey all regulations where fishing is permitted.
Appear at any park in only proper clothing, and no person shall dress or undress in any place, vehicle or structure except those structures provided and designated by posted notice for such purpose.
Be responsible for preventing the entry of dogs or other domestic animals into areas clearly marked "Domestic animals prohibited in this area." In areas where they are permitted, all pets and animals shall be restrained at all times on physical leashes not greater than six feet in length. Unless otherwise specifically authorized in designated dog-run areas, dogs shall not be permitted to run at large. A physical leash shall be constructed of rope or sturdy fabric which is connected to the dog at the collar and held by a person over the age of 12 years. A physical leash shall not include any type of electronic leash or invisible leash. Dogs which have been declared vicious or potentially dangerous pursuant to N.J.S.A. 4:19-22 et seq. or § 148-6 of this chapter are prohibited from any area of the City's public parks which are specifically established and designated as dog-run zones. The riding of horses shall be on designated bridle trails where permitted. Horses shall be thoroughly broken and ridden with due care and shall not be allowed to graze or be unattended; nor shall horses be hitched to any rock, tree or shrub. Where domestic animals are permitted, proper cleanup shall be completed by the responsible person.
[Amended 6-11-2012 by Ord. No. 2012-08]
Boat only in those waters and at such times as are designated for such purposes by the City. Any person navigating, directing or handling any boat shall do so in a manner so as to not unjustifiably or unnecessarily annoy, frighten or endanger the occupant of any other boat.
Ride all bicycles with all reasonable regard to the safety of others. Bicycling shall be confined to areas so designated for such activity. Bicycles shall be parked in bicycle racks or other areas when such facilities are provided.
Operate, drive and park vehicles only on roads and parking areas so designated by the City and only during the times set forth by said City. Vehicles shall be driven in accordance with posted directions or at the direction of any authorized attendant who may be present.
No person in a public park or recreation area shall:
Create a danger or a breach of peace.
Create any disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians, bicycles, baby carriages and strollers or vehicles.
Obstruct, molest or interfere with any person therein or thereon by making or uttering of loud or offensive or profane or indecent language or audible and annoying, offensive, disgusting, insulting or sexually suggestive remarks, comments or phrases or words to or concerning such person or any passing person or any person in whose hearing the same are made.
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, bridges, tables, fences, benches, fireplaces, grills, paving or paving materials, water lines, public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures, facilities, park property or appurtenances whatever, either real or personal.
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon, under or across such lands, except by special written permit issued hereunder.
Dig or remove any soil, rock, sand, stones, wood or wood materials or make any excavation by tool, equipment, blasting or other means except with written authorization of the City.
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, pick flowers or seeds of any plants or tree, dig in or otherwise disturb grass areas or in any other way injure the plant life.
Climb any tree or walk, stand or sit on monuments, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
Tie or hitch any animal to any tree or plant.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall any person remove or have in his/her possession the young of any wild animals or the eggs or nest or young of any reptile or bird. Exception to the foregoing shall be made in case of self-defense against poisonous snakes.
Throw, discharge or otherwise place or cause to be placed in any body of water, 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.
Dump, deposit or leave trash, dirt, bottles, broken glass, refuse, garbage, debris or other waste materials.
Solicit moneys or contributions for any purpose, whether public or private, unless written permission is granted by the City.
Build, attempt to build or start a fire except in such areas and facilities and under such regulations as may be designated and set forth by the City. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or any other flammable material within a park or on any highways, roads or streets abutting or contiguous thereto.
Leave a picnic fire unattended nor leave a picnic area before any fire is completely extinguished.
Have in his/her possession, or set or otherwise cause to explode, discharge or burn, any firecrackers, torpedo rockets or other fireworks and explosives, or discharge or throw said explosives 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 in terms of flammability and explosion. Upon proper application the City may grant permits for conducting properly supervised firework displays in designated park areas.
Carry or possess a knife, slingshot or other dangerous weapon, firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapons dangerous to human safety and wildlife, or any kind of trapping device. Instruments that can be loaded with and fire blank cartridges may be permitted upon application and approval of a special permit in accordance with the standards and regulations set forth herein. Shooting into park areas from beyond park boundaries is forbidden.
Bring alcoholic beverages, possess or drink same at any time in a public park.
Gamble or participate in or abet any game of chance except when such game of chance is authorized by permit of the City.
Paste, glue, tack, nail 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.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a valid permit.
Expose or offer for sale any article or object, or station or place any stand, cart or vehicle for the transportation, sale or display of any article or object. Exception is hereby made to this subsection in connection with any regularly licensed concessionaire acting by and under the authority and regulation of the City.
Sleep or protractedly lounge on the seats, benches or other areas of a park 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 and welfare.
Fish in any area where bathing is permitted.
Leave a bicycle lying on the ground or pavement or set against trees or in any other place or position where other persons may trip over or be injured by it.
Go onto the ice except in such areas designated as skating ponds and provided a safety signal is displayed.
Fail to produce and exhibit any permit from the City he/she claims to have upon request of any City official who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
Occupy any seat or bench or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved or designated by the City for the use of a specific group.
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 City for such purposes.
Picnic or lunch in a place other than those places designated for that purpose. Attendants shall have the authority to regulate this activity 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 regulations to achieve this end.
Cause or permit the vehicle he/she is operating to stand outside of designated parking spaces, except for a reasonable time to receive or discharge passengers or equipment. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
Drive, park or stand any vehicle except upon avenues, streets, road or alleys constructed and provided for the same and except further vehicles and equipment owned by the City of Bordentown or authorized by the Board of Commissioners or emergency vehicles and equipment.
Violate any rule or regulation duly passed by resolution of the Board of Commissioners to further implement this chapter upon such resolution being duly published in the official newspaper of the City of Bordentown.
Bring, carry, possess or discard any bottle, jar, drinking utensil, vessel or container or similar object made of glass.
The public parks of the City of Bordentown shall operate between the hours of 6:00 a.m. and 9:00 p.m. during the months of April through October and from 6:00 a.m. to 6:00 p.m. during the remaining months of the calendar year. In addition, special application may be made to the appropriate personnel to extend the hours, said hours to be extended by permit.
Any person present on the public parks or recreation areas before opening time and after closing time shall be deemed to be in violation of this section.
Except for unusual and unforeseen emergencies, all parks shall be open to the public every day of the year during the hours designated by the City. Any area or facility may be declared closed to the public by the City at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise).
Permits for special events or use of particular areas or facilities of a park or recreational area shall be granted by the City after submission and review of an application in accordance with the following standards and regulations:
The application shall contain the following information:
The name and address of the applicant.
The name and address of the person, persons, corporation, association or organization; the name and address of the president and secretary of said organization and relationship of applicant to said organization.
The date and time for which the permit is desired.
The park or portion thereof for which such permit is desired.
The activity to be undertaken or reason for the application.
The number of persons anticipated to participate.
Any other information which the City shall find reasonably necessary to make a fair determination as to whether a permit should be issued.
Standards for issuance of a use permit by the City. Standards may include the following findings:
That the proposed activity or use of the park or recreational area will not unreasonably interfere with or detract from the general public enjoyment of the park.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion and maintenance of public health, welfare, safety and recreation.
That the proposed activity or uses that are reasonably anticipated will not induce or tend to induce violence, crime or disorderly conduct.
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the City.
That any fees assessed participants or requests for contributions will be solely for the purpose of offsetting or equaling the organization's reasonable expectation of expenses to be incurred.
That the facilities desired have not been reserved for another use at the date and time requested in the application.
Conditions of issuance. All permits issued shall be on the condition that:
The permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permit.
The person, persons or organization to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever by reason of negligence of the person, persons or organization to whom such permit shall have been issued. The City shall have the right to require that prior to the issuance of a permit or commencement of the activity, the applicant 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 City.
The permittee shall maintain the park, recreational area or facilities by removing all trash or debris and restoring the area or facilities to a condition equal to or better than its condition prior to the granting of the permit. In the event that special or extraordinary maintenance is required or additional costs are incurred for a proposed use or activity, such costs shall be borne by the applicant.
No structures shall be erected or placed, no utilities installed, run or extended and no alteration of a natural or man-made feature, facility or object shall be allowed unless so authorized in the permit issued by the City and, when so authorized, in accordance with its requirements for such use and alterations.
No permit shall be valid except for the facilities, area and time expressly set forth therein.
The permittee will obey any other reasonable requirement, condition or restriction which the City authorizes.
Fees may be charged for a permit and the City may require a cash deposit or bond in reasonable amount to ensure performance of the terms and conditions of the permit, which deposit shall be refundable after deducting the cost of necessary expenses incurred by the City in restoring the leased area to the condition the same was in at the time the permit was issued, reasonable wear and tear excepted.
Submission of applications. Applications for permits shall be submitted to the City or its duly authorized representatives. If a permit is denied, the applicant shall be given written notice setting forth the reasons therefor.
Denial of permit. If a permit is denied by the City's authorized representative, the applicant shall have the right to appeal said decision to the Board of Commissioners by serving written notice thereof on the City Clerk within five days from receipt of notice of denial. A copy of said notice shall also be served on the City's authorized representatives which denied the permit within the same time, and said representative shall immediately forward the application and the reasons for its refusal to the Board of Commissioners, which shall consider the application under the standards set forth in this section. The Board of Commissioners shall consider such appeal at its next regular meeting or prior thereto at a special meeting, which appeal shall be considered on the record without public hearing. In any event, the Board of Commissioners shall affirm, reverse or modify the decision to deny the permit within 30 days from the filing of notice of appeal, in default whereof the appeal shall be considered denied. Written notice of the decision of the Board of Commissioners upon any appeal shall be given to the applicant within 10 days thereof.
Revocation of permit. The City's authorized representative shall have the authority to revoke a permit if the applicant or any person acting in his behalf shall violate any of the provisions of this chapter or any rule or regulation of the City or any of the restrictions, terms or conditions under which the-permit was issued. In the event of such revocation, the applicant shall have the right to appeal to the Board of Commissioners in the same manner and on the same terms set forth above.
The City or its duly authorized representatives, including the custodians, supervisors and assistants appointed by the City, or any police officer, shall be responsible for the enforcement of this chapter and shall have authority to eject from any park or recreation area any person or persons acting in violation thereof and shall also have the authority to seize and confiscate any property, thing or device which is being used in a park or recreational area in violation thereof.
No parent or guardian of a minor under the age of 18 years shall knowingly permit, allow or suffer such minor to do any act prohibited by this chapter or any rule or regulation duly passed by resolution of the Board of Commissioners to further implement this chapter.
Whenever any minor under the age of 18 years is charged with a violation of this chapter, his parent or guardian shall be notified of such charge by the Chief of Police.
If at any time within 45 days following the giving of notice as provided in § 206-10 hereof, the minor to whom said notice related or applied is again charged with a violation of this chapter, it shall be reputably presumed that the minor committed such subsequent violation with the knowledge, allowance, permission or sufferance of the parent or guardian of the minor, and said parents or guardian shall thereupon be charged with a violation of this chapter by the person making the charge against the minor or by the Chief of Police.
Violations. Any person who shall violate any rules, regulations or bylaws duly adopted by the City may be deemed and adjudged a disorderly person by any court of competent jurisdiction, as provided by law.
Penalties. Any person violating any of the provisions hereof, or any rule, regulation or bylaws of the City shall, upon conviction, be subject to a penalty, either imprisonment for not more than 90 days or a fine not exceeding $1,000 or both, in the discretion of the court, and the court may also order the replacement, repair or restoration of any property damaged by such person in a park or recreational area.
[Added 4-8-2019 by Ord. No. 2019-04]
Definitions. As used in this section, the following terms shall have the meanings indicated.
- PARKS, OPEN SPACE AND RECREATIONAL FACILITIES
- Includes all public parks owned by the City of Bordentown.
- Consistent with N.J.S.A. 26:3D-57, means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or inhaling or exhaling of smoke or vapor from an electronic smoking device.
Prohibition of smoking in public places; signs. Smoking shall be prohibited in Hilltop Park, Second Street Park, Carslake Community Center Park, Gilder Field, West Street Park, and Lime Kiln Alley Park.
Signage. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a diagonal line through its cross section) shall be clearly, sufficiently and conspicuously posted at the entrance to every public place where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine. However, the posting of such signs shall not congest the overall appearance of the areas regulated by this chapter nor impose an inordinate expense upon the City of Bordentown.
Enforcement. City of Bordentown employees, Police Department and Housing Inspector.
Violations and penalties. Unless another penalty is expressly provided by New Jersey statute, any person violating any provisions of the chapter shall, upon conviction, be subject to a fine of not less $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense.