[Amended 4-18-2011 by Ord. No. 658]
The purpose of this article is to provide rules and regulations for the use of, and conduct in, the parks and recreation areas of the Borough of Harrington Park.
[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1987 by Ord. No. 377 (Ch. 29, Art. I, of the 1967 Code); amended in its entirety 10-21-1991 by Ord. No. 440]
As used in this article, the following terms shall have the meanings indicated:
Any real property, including improvements thereon, which is currently owned or hereafter acquired by the Board of Education and is used by the public as a park, playground or recreation area. The Harrington Park Board of Education and the Harrington Park Police Department shall have concurrent jurisdiction to enforce this article within the Board of Education lands.
Any park, reservoir, playground, recreation area, green, square or any other similar area in the Borough currently owned or hereafter acquired by the Borough, including ball fields, basketball courts, tennis courts, skating areas, roadways and parking facilities located within such areas. In addition, this article shall apply to all SUEZ/VEOLIA (Water Company), and it's successors, property within the jurisdiction of the Borough of Harrington Park, it being acknowledged that such property is environmentally sensitive. The Harrington Park Recreation Commission and the Harrington Park Police Department shall have concurrent jurisdiction to enforce this article within the Borough parklands.
[Amended 5-16-2022 by Ord. No. 760]
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
[Added 6-16-2014 by Ord. No. 689]
All structures owned, leased, rented and/or operated by the Borough of Harrington Park and/or occupied by the employees and used for official business of the Borough of Harrington Park, including all areas adjacent to such facilities and within 35 feet of such areas.
[Added 6-16-2014 by Ord. No. 689]
Includes, but is not limited to, all public parks, playgrounds, basketball courts, swim clubs, tennis courts, ice skating areas, and ball fields publicly owned or leased by the Borough of Harrington Park and all property owned or leased by the Borough of Harrington Park upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway or drive aisle, and within 35 feet of such areas.
[Added 6-16-2014 by Ord. No. 689]
Any person, firm, partnership, association, corporation, company or organization of any kind.
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 the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 6-16-2014 by Ord. No. 689]
A.
B.
Applicability.
(1)
The provisions of this section shall not apply to:
(a)
Persons who are engaged in the performance of duties as an officer or an authorized agent of the Borough.
(b)
Persons in lawful employment when such employment makes it necessary to be in such places during such time periods.
(c)
Persons who are participating in an organized program or meeting authorized by the Harrington Park Recreation Commission in accordance with § 230-9 of this article and who have, pursuant to the provisions of § 230-9 of this article, obtained from the Recreation Commission a written permit authorizing an exception.
(2)
Whenever any of the following facilities are electrically lighted by Borough-owned equipment and until 30 minutes following the extinguishment of Borough-owned lights at each of the following facilities, the provisions of this section shall also not apply to persons utilizing, either as a participant or as an observer, any of the following facilities:
(a)
The park facility and attendant parking facility located within the Borough parklands known as "Pondside Park," which latter is described in § 230-5A of this article.
(b)
The skating rink facility and attendant parking facility located within the Borough parklands known as "George Street Park," which latter is described in § 230-5C of this article.
A.
It shall be unlawful for any person to be, remain, loiter, idle, wander, stroll or play in or upon the Board of Education lands described in § 230-5H of this article between the hours of 8:00 p.m. or 1/2 hour after sunset, whichever is later, and 6:00 a.m. of the following day.
B.
The provisions of this section shall not apply to:
(1)
Persons who are engaged in the performance of duties as an officer or an authorized agent of the Borough or the Board of Education.
(2)
Persons in lawful employment when such employment makes it necessary to be in such places during such time periods.
(3)
Persons who are participating in an organized program or meeting authorized by the Board of Education in accordance with § 230-10 of this article and who have, pursuant to the provisions of § 230-10 of this article, obtained from the Board of Education oral or written authority concerning an exception.
The following lands are hereby designated as Borough parklands and/or Board of Education lands and are subject to the provisions set forth in this article:
A.
B.
The Borough parklands, which are known as "Beechwood Park," and which are shown on the Tax Assessment Map of the Borough, and are accessible as follows:
(1)
Lots 1 and 2 in Block 401, which lots are accessible from:
(a)
Richard Court over the north side of Lot 1 in Block 401.
(b)
Deal Street over Lot 3 in Block 801 (which is privately owned) and, in turn, over the south side of Lot 2 in Block 401.
(c)
Peat Street over Lot 3 in Block 801 (which is privately owned) and, in turn, over the south side of Lot 2 in Block 401.
(d)
Hazel Street over Lot 1 in Block 801 (which is privately owned) and, in turn, over the south side of Lot 2 in Block 401.
(e)
William Street over Lot 1 in Block 805 (which is privately owned) and, in turn, over Lot 1 in Block 801 (which is privately owned) and, in turn, over the southwest side of Lot 2 in Block 401.
(f)
Nelson Street over Lot 1 in Block 805 (which is privately owned) and, in turn, over Lot 1 in Block 801 (which is privately owned) and, in turn, over the southwest side of Lot 2 in Block 401.
C.
The Borough parklands, which are known as "George Street Park," and which are shown on the Tax Assessment Map of the Borough, and are accessible as follows:
(1)
The paper street extension of Florence Road between its intersection with the north side of Glen Avenue West and its intersection with the south side of Hackensack Avenue.
(2)
Lots 30, 31, 33, 34, 35 and 36 in Block 903, which lots are accessible from:
(a)
Hackensack Avenue (via that portion of Florence Road which is a paper street and runs south from its intersection with Hackensack Avenue) over the west sides of Lots 30, 31, 33, 34, 35 and 36 in Block 903.
(b)
Glen Avenue West over the south side of Lot 36 in Block 903.
(c)
Glen Avenue West (via that portion of Florence Road which is a paper street and runs north from its intersection with Glen Avenue West) over the west sides of Lots 30, 31, 33, 34, 35 and 36 in Block 903.
(3)
Lots 1, 2, 3, 4, 5, 6 and 7 in Block 904, which lots are accessible from:
(a)
Hackensack Avenue (via that portion of Florence Road which is a paper street and runs south from its intersection with Hackensack Avenue) over the east sides of Lots 1, 2, 3, 4, 5, 6 and 7 in Block 904.
(b)
Glen Avenue West over the south side of Lot 7 in Block 904.
(c)
Glen Avenue West (via that portion of Florence Road which is a paper street and runs north from its intersection with Glen Avenue West) over the east sides of Lots 1, 2, 3, 4, 5, 6 and 7 in Block 904.
D.
The Borough parklands, which are shown on the Tax Assessment Map of the Borough, consist of the triangular area bounded by Harriot Avenue, Harriot Place and Parkside Road, and are accessible as follows:
E.
The Borough parklands, which are known as "Highland Park," and which are shown on the Tax Assessment Map of the Borough, and are accessible as follows:
(1)
Lot 16 in Block 1001, which lot is accessible from:
F.
The Borough parklands, which are known as "Green Acres" lands, and which are shown on the Tax Assessment Map of the Borough, and are accessible as follows:
(1)
Lots 11, 12, 13 and 14 in Block 501 and Lot 7 in Block 604, which lots are accessible from:
(a)
Lafayette Road over Lot 6 in Block 501 (which is privately owned) and, in turn, over the northeast corner of Lot 11 in Block 501.
(b)
Kramer Lane (the right-of-way which lies to the east of and runs from Tappan Road parallel to Arcadia Court) over Lot 1 in Block 602 (which is privately owned) and, in turn, over Lot 14 in Block 501.
G.
The Borough parklands, which are shown on the Tax Assessment Map of the Borough, consist of the Borough-owned lots which border on the north and east the Board of Education lands on which is located the Harrington Park School, and are accessible as follows:
(1)
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 901, which lots are accessible from:
(a)
Hackensack Avenue on the north sides of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 901.
(b)
Harriot Avenue over Lot 42 in Block 901 (which consists of Board of Education lands) and, in turn, over the south sides of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 901.
(2)
Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Block 901, which lots are accessible from:
(a)
Lynn Street on the east side of Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Block 901.
(b)
Glen Avenue East on the south side of Lot 28 in Block 901.
(c)
Harriot Avenue over Lot 42 in Block 901 (which consists of Board of Education lands) and, in turn, over the west sides of Lots 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Block 901.
H.
The Board of Education lands, which are the lands on which the Harrington Park School is located and which include ball fields, basketball courts and playground facilities operated by the Harrington Park Board of Education, and which are shown on the Tax Assessment Map of the Borough and are accessible as follows:
(1)
Lot 42 in Block 901, which lot is accessible from:
(a)
Harriot Avenue over the south side of Lot 42 in Block 901.
(b)
Hackensack Avenue over Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in Block 901 (which are Borough parklands) and, in turn, over the north side of Lot 42 in Block 901.
(c)
Lynn Street over Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Block 901 (which are Borough parklands) and, in turn, over the east side of Lot 42 in Block 901.
(d)
The paper street extension of Florence Road (between its intersection with the north side of Glen Avenue West and its intersection with the south side of Hackensack Avenue) over Lot 30, 31, 33, 34, 35 and 36 in Block 903 (which are Borough parklands) and, in turn, over the west side of Lot 42 in Block 901.
A.
While in or upon the Borough parklands or the Board of Education lands, all persons shall conduct themselves in a proper and orderly manner, and, in particular, it shall be unlawful for any person to:
(1)
Consume, carry, have in his possession, sell, expose for sale or serve or give away any alcoholic beverages as defined in N.J.S.A. 33:1-1b.
(2)
Throw, deposit or leave any paper, rubbish, refuse or other waste or other litter material except in receptacles, if any, provided for such purpose. If there are no such receptacles, the same shall be carried away and properly disposed of by the person responsible for its presence. Any litter material of any nature discharged from any motor vehicle while in or upon the Borough parklands or the Board of Education lands shall be the responsibility of the owner of said vehicle, whether the owner shall or shall not be then occupying said vehicle.
(3)
Have in his possession glass containers.
(4)
Possess, set off or discharge any explosives, fireworks, or other hazardous materials.
(5)
Picnic or camp without the prior written permission of the Recreation Commission or the Board of Education or light a fire other than such as is authorized in advance in writing for barbecue purposes in such area and under such conditions and restrictions as may be prescribed in a permit issued in advance by the Recreation Commission or the Board of Education.
(6)
Park or cause to be parked any motor vehicle (including motorcycles, motor bikes, mopeds, motor scooters, go-carts and snowmobiles) except in areas designated for that purpose or drive or operate any motor vehicle (including motorcycles, motor bikes, mopeds, motor scooters, go-carts and snowmobiles) except on roadways or parking areas provided for that purpose. These prohibitions shall not apply to the operation of motor vehicles owned or operated by the Borough or the Board of Education or their agents, servants, employees or independent contractors in the course of the business of the Borough or Board of Education, and it is not intended by these prohibitions to establish any regulation or prohibition pertaining to the operation of motor vehicles, which operation is regulated by N.J.S.A. 39:1-1 et seq.
(7)
Engage in bicycle riding, street hockey or skateboarding on any tennis or basketball court or engage in bicycle riding or the flying of model airplanes or the operation of any other remote-operated device or kites anywhere within the Borough parklands and the Board of Education lands in such a manner as to interfere with another's use or enjoyment of the Borough parklands and/or the Board of Education lands.
(8)
Engage in any aspect of golf or archery.
(9)
Engage in swimming or boating in any park, including Pondside Park.
(10)
Ice skate except in George Street Park and/or Highland Park, weather and ice conditions permitting.
(11)
Cause or permit any animal, which is owned by him, in his custody or under his control, to run, fly or be at large or upon any sports/playing field, court or rink. Any person who takes a dog into the Borough parklands or the Board of Education lands shall be subject to the provisions of Chapter 105, Article I, Dog Licensing and Control, of the Code of the Borough of Harrington Park, including § 105-12 thereof.
(12)
Set a trap for any animal.
(13)
Mark, deface, disfigure, tamper with, displace, remove, erect or occupy any buildings, booths, tents, stands, bridges, tables, benches, notices, signs, placards, advertising devices, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, whether the same is temporary or permanent, or sell or give away from any such booth, tent, stand or other structure any food, drink or other thing, without the prior written permission of the Recreation Commission or the Board of Education.
(14)
Utter any profane, threatening, abusive, insulting or indecent language or loud outcry; or perform any obscene or indecent act; or solicit any contribution or subscription; or play or take part in any competitive sport for money or other thing of value; or play or take part in any game of chance; or carry or have in his possession any instrument of chance or gambling whatsoever; or interfere with another's use or enjoyment of the Borough parklands and/or the Board of Education lands; or engage in any disorderly conduct or behavior tending to breach the public peace.
(15)
Use any park or recreation area for the purpose of earning compensation except when such compensation is authorized in advance in writing by the Recreation Commission or the Board of Education in connection with authorized activities.
(16)
Solicit alms or contributions without the prior written permission of the Recreation Commission or the Board of Education.
[Added 6-16-2014 by Ord. No. 689]
A.
Smoking shall be prohibited in all municipal buildings as defined herein. "No smoking" signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol, which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
B.
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal buildings. "No smoking" signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this section. The sign shall be clearly visible to the public and shall contain letters or a symbol, which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
C.
Smoking shall be prohibited in, but not limited to, all public parks, playgrounds, basketball courts, tennis courts, ice skating areas, ball fields, and recreation facilities owned or leased by the Borough of Harrington Park and all property owned or leased by the Borough of Harrington Park upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway or drive aisle, and within 35 feet of such areas, which have been designated with "no smoking" signs. "No smoking" signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol, which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
D.
Smoking shall be prohibited in any vehicle registered to the Borough of Harrington Park.
E.
Violations and penalties. Any person who violates any provision of this section shall be subject to a fine of not less than $50 nor more than $200.
The tennis court facilities located at George Street Park shall be governed by the following rules and regulations:
A.
Usage of the tennis courts shall be restricted to Harrington Park residents only. Guests may use the tennis courts only when accompanied by a Harrington Park resident.
B.
A valid Harrington Park recreation badge must be displayed by players at all times. Players without a valid badge must yield to a valid badge holder.
C.
No tennis court is to be occupied by a single player, when other players are waiting.
D.
The maximum court time shall be one hour for singles play and 1 1/2 hours for doubles play.
E.
Players must start the time running on clocks when play begins or must forfeit the court.
F.
Tennis sneakers must be worn by all players.
G.
Paid tennis lessons shall not be permitted.
H.
Any person seeking to use the tennis courts for private instructions or lessons shall be required to obtain an annual license. Such person shall provide the Borough and Recreation Commission with appropriate coverages as determined by the Borough and shall also indemnify and hold harmless the Borough and Recreation Commission in connection with such activity. The annual fee for the issuance of such a license shall be $500. Students receiving instruction shall be required to pay the applicable fee for a badge. The instructor shall be limited on a daily basis to one hour for the providing of lessons. Students receiving lessons shall display a badge indicating their participation in this activity.
[Added 7-18-2011 by Ord. No. 661]
Subject to the approval of the Borough Council, which approval may be in the form of subsequent ratification, the Recreation Commission and/or the Board of Education may adopt and promulgate reasonable rules and regulations not inconsistent with statute or any Borough ordinance or this article which govern the use of the Borough parklands and the Board of Education lands and the conduct of persons therein. Such rules and regulations shall become effective after publication by the Borough Clerk in a newspaper circulating in the Borough and shall thereafter be maintained in the office of the Borough Clerk and, if they relate to the Board of Education lands, the Secretary of the Board of Education for public inspection between the hours of 9:00 a.m. and 5:00 p.m., prevailing time. Such rules and regulations shall, to the extent feasible, be set forth on signs posted in conspicuous places at the park, playground or open space for which they are effective. Violation of any such rule or regulation shall be punishable in accordance with § 230-14 of this article.
All persons who desire to utilize Borough parklands between the hours of 8:00 p.m. or 1/2 hour after sunset, whichever is later, and 6:00 a.m. of the following day pursuant to the exception in § 230-3B(1)(c) of this article shall only do so pursuant to a written permit issued in advance by the Harrington Park Recreation Commission in response to an application therefor filed with the Borough Clerk or a representative of the Recreation Commission.
All persons who desire to utilize Board of Education lands between the hours of 8:00 p.m. or 1/2 hour after sunset, whichever is later, and 6:00 a.m. of the following day pursuant to the exception in § 230-4B(3) of this article shall only do so pursuant to a written authority issued in advance by the Board of Education or any of its authorized representatives in response to an application therefor filed with the Secretary of the Board of Education or any other authorized representative of the Board of Education.
A.
All persons who desire to use any ball field located within the Borough parklands for play between organized teams shall only do so pursuant to a written permit issued in advance by the Harrington Park Recreation Commission in response to an application therefor filed pursuant to § 230-12 of this article with the Borough Clerk or a representative of the Recreation Commission. Such permit shall be in the possession of the applicant (or the applicant's agent) at the time of field usage.
B.
All persons who desire to use any ball field located within the Board of Education lands for play between organized teams shall only do so pursuant to a written permit issued in advance by the Harrington Park Board of Education in response to an application therefor filed pursuant to § 230-12 of this article with the Secretary of the Board of Education or any other authorized representative of the Board of Education. Such permit shall be in the possession of the applicant (or the applicant's agent) at the time of field usage.
A.
A person or group seeking the issuance of a permit or authorization hereunder shall file an executed application setting forth, in the discretion of the Recreation Commission or the Board of Education:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the person, if any, sponsoring the activity.
(3)
The relief requested, if the applicant is seeking an exception under § 230-3B(1)(c), 230-4B(3) or 230-6A(5), (13) or (15) of this article.
(4)
The day and hours for which the permit or authority is requested.
(5)
The park or portion thereof for which such permit or authority is requested.
(6)
An estimate of the anticipated attendance.
(7)
Any other information which the Recreation Commission or the Board of Education shall determine to be reasonably necessary to a fair determination as to whether a permit or authority shall be issued or granted.
B.
In connection with any application for use of ball field, the person or group shall file with the Borough Clerk or a member of the Recreation Commission or the Secretary of the Board of Education or any other authorized representative of the Board of Education, as appropriate, an executed hold harmless agreement. Nothing in this section or this article shall be deemed to require the filing of an application for a permit or authority for organized, officially sanctioned Borough or Board of Education events.
A.
The members of the Borough Police Department, the members of the Recreation Commission and such other persons as may be designated by the Recreation Commission shall have authority to enforce this article and may, pursuant to such authority:
B.
The members of the Borough Police Department, the members and officers and employees of the Board of Education and such other persons as may be designated by the Board of Education shall have authority to enforce this article and may, pursuant to such authority:
C.
Enforcement. The enforcement authority of this article shall be the police of the Borough of Harrington Park.
[Added 6-16-2014 by Ord. No. 689]
[Adopted 11-15-2004 by Ord. No. 575]
[Amended 4-18-2011 by Ord. No. 658]
The Recreation Commission shall be permitted to sell and display pennants and advertisements on a temporary basis for use on all fields, playgrounds and parks referred to in this chapter.
The Recreation Commission shall screen all such displays and advertisements for appropriateness considering the community norms and standards.
No sign shall be affixed to other than the temporary baseball fencing. No sign shall be larger than such fencing, and all signs shall be removed at the conclusion of the season.
All funds shall be remitted to the Borough Treasurer who shall keep and maintain such funds for the benefit of the Recreation Commission.[1]
[1]
Editor's Note: Original § 5, dealing with supersession of conflicting ordinances, and § 6, dealing with the right to amend the ordinance, which immediately followed this section, were repealed 4-18-2011 by Ord. No. 658.
[Added 4-18-2011 by Ord. No. 658]
Violation of any provision of this article shall be punishable as set forth in Chapter 164, Fines and Penalties.