[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-1994 by Ord. No. 93-8; amended in its entirety 6-7-2012 by Ord. No. 2012-6]
Editor's Note: Former Art. II, Protection of Parks and Parkways, adopted 9-9-2010 by Ord. No. 10-6, originally comprised former §§ 338-22 through 338-27.
The purpose of this article is to provide rules and regulations for the use of and conduct in the parks, parkways, walking trails, Tot Lot, and recreation areas in the Borough.
This article shall apply in all parks, parkways, walking trails, Tot Lot, and recreation areas under the jurisdiction of the Borough unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the approving governing agency shall be the Board of Recreation Commissioners or its designee.
In the interpretation of this and all succeeding park and recreation area ordinances, the provisions shall be construed as follows:
Any term in the singular shall include the plural.
Any term in the masculine shall include the feminine and neuter.
Any requirement or prohibitions of any act shall respectively extend to and include the causing and procuring, directly or indirectly, of such act.
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Commission or Borough in line of duty or work as such, or by any person, his agent or employees, in the proper and necessary execution of the terms of any agreement with the Commission or Borough.
Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of, and strictly within the provisions of a permit so to do, and to the extent authorized thereby.
As used in this article, the following terms shall have the meanings indicated:
- Includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park or recreation area.
- APPROVING GOVERNING AGENCY
- The Board of Recreation Commissioners or its designee.
- Any crossing whether marked by a pavement or otherwise; the extension to any sidewalk space across any intersecting drive, street or highway.
- Any boundary of any street, road, avenue, boulevard, or drive, whether or not marked by a curb.
- The Chairman of the Board of Recreation Commissioners unless an employee position of recreation director is established by the Borough Council. In the absence of said employee or a vacancy in the position, the Chairman shall serve as Director.
- PARK ATTENDANT
- Any person employed by the Commission as a parks attendant to perform duties or tasks within the park and recreation area.
- PARKS and PARKWAYS
- All public park grounds, including Leanna Harris Park and the Tot Lot, buildings thereon, and any other property which is now or may hereafter be park grounds under the control and jurisdiction of the Borough of Chesilhurst.
- Any footpath, walk, or any path maintained for pedestrians.
- A person afoot.
- Any written license issued by or under the authority of the approving governing agency permitting a special event or activity on park facilities.
- Any natural person, corporation, company, association, joint stock association, firm or copartnership.
- Persons selling goods or services by sample or taking orders for future delivery with or without accepting advance payment for the goods. Persons seeking any form of contributions.
- STOPPING or STANDING
- When prohibited means any cessation of movement of a vehicle occupied or not, except when necessary to avoid conflict with pedestrians or other traffic, including horses and bicycles.
- Pedestrians, ridden or herded animals and vehicles, either singly or together.
- Any conveyance (except baby carriages), including motor vehicles, trailers of all types, campers, tricycles, bicycles, motorized or not, sleds, sleighs, pushcarts, or vehicles propelled by other than muscular power. Also any horse or horse-drawn conveyance.
- Selling or trading any item or service.
- WALKING TRAIL
- The trail within Leanna Harris Park designated as the walking trail.
It shall be unlawful for any person in a public park or recreation area to:
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or 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.
Bring any pets into or cause any pets to enter into any park, parkway, walking trail, Tot Lot, or recreation area.
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.
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.
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench, or other structure.
Throw, discharge, or otherwise place or cause to be placed in the waters of any fountains, 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 water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
Take into, carry through, or put into any park, any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so 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.
Bring any glass container into any park or recreation area.
Cause or permit to run loose any animal.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight.
Interfere with or in any manner hinder any Borough employee in the performance of his or her duties.
Use threatening, abusive, profane or indecent language or perform any conduct which constitutes a breach of the peace.
Play auto radios, devices that record or transcribe music by any means, portable radios and television sets, or other electronic devices or use any type of amplifying device at a volume so as to interfere with the enjoyment of the parks and parkways by others.
Stand or sit on any tables or guardrails.
Sleep or protractedly lounge on the seats, benches or tables.
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription, without the authorization of the Mayor and/or Borough Council.
Hold any public meeting or give any concert or public entertainment of any kind, without the authorization of the Mayor and/or Borough Council.
Plant any tree, shrub, plant, fern or grass without the authorization of the Mayor and/or Borough Council.
It shall be unlawful for any person in a public park or recreation area to:
Drive 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.
Park a vehicle anywhere except on a designated parking area.
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed. During a snowstorm and for three days thereafter, established parking areas in parks and recreation areas may be utilized for parking, but not by trailers of any kind.
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
Ride a bicycle without reasonable regard to the safety of others.
Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured by them.
Drive or operate within the parks any bus or vehicle adapted for more than 12 passengers; any hearse, truck or tractor, or vehicle used for advertising, provided that taxis, buses, and trucks may be used to carry visitors to the parks and recreation areas.
Use the parks, park drives, parking places, or parkways for the purpose of demonstrating any vehicles, or for the purposes of instructing another to drive or operate any vehicle, nor shall any person use any park area, including parking places, for the repairing or cleaning of any vehicle, except in an emergency.
Ride bicycles or any motorized vehicles on the walking trail or the Tot Lot.
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction.
Any burglar tools.
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
It shall be unlawful for any person to have in his possession or set off any fireworks. Permits may be given for conducting properly supervised fireworks in designated park areas.
No person shall post, paint, affix, distribute, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular, or advertisement.
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the Borough or the Board of Recreation Commissioners:
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited.
Operate for advertising purposes any musical instrument, soundtrack or drum.
Hold public assemblages.
Hold a parade.
Engage in organized league athletic events.
No person shall expose or offer for sale any article in any park or recreation area, without a license as a concessionaire.
No person shall kindle, build, maintain or use a fire except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle, or under any tree or in underbrush.
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:
Bring alcoholic beverages, or controlled dangerous substances, drink or use the same at any time nor shall any person be under the influence of intoxicating liquor or a controlled dangerous substance in a park or recreation area.
Solicit alms or contributions for any purpose, whether public or private.
Play any game of chance or have possession of any instrument or device for gambling.
Play, engage or take part in any game or competitive sport for money, or other valuable thing, without a written permit.
It shall be unlawful for any person in a park or recreation area to:
Camp or stay overnight anywhere except in areas designated for camping or staying overnight in vehicles or trailers.
Take part in the playing of any games involving thrown or otherwise propelled objects except in those areas designated for such forms of recreation.
Play football, baseball, basketball, soccer or lacrosse, except in areas designated for such games.
Roller skate or use skateboards except in those areas specifically designed for such pastimes.
Enter an area posted as "closed to the public."
Engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
Fail to produce and exhibit any permit 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.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
Erect or occupy any tent, stand or other structure in any park or playground, or sell or give away from any such tent, stand or other structure any food, drink or other thing, without a permit.
It shall be unlawful for any person or group of persons to hold a picnic in any park, except in areas set aside or specifically designated as picnic areas. A permit must be secured for any picnic with more than 20 participants.
The ordinances relating to the use of public swimming pools shall govern the use of any swimming pool in any park.
Any person desiring to use any kind of a boat in parks shall abide by the ordinances relating to boating in public places. No boats with motors shall be permitted, except in areas specifically designated for them.
The hours of operation of the parks and parkways shall be dawn until dusk. No person shall enter into or remain within the parks and parkways except during the hours of operation without the authorization of the Mayor and/or Borough Council.
The following activities are permitted only at times and in areas so designated for that purpose and are prohibited elsewhere within the parks:
Swimming, bathing, wading, fishing.
Ice skating, sledding, skiing.
Model airplane flying.
Boating on ponds, without motors.
Baseball (except organized league games).
Police pistol range.
Tennis (except organized league games).
Football and track (except organized league games).
Basketball (except organized league games).
Soccer (except organized league games).
Throwing or propelling any object.
Permits for special events and organized league games in parks and recreation areas shall be obtained by application to the approving Commissioners or their designee in accordance with the following procedure:
A person seeking issuance of a permit hereunder shall file an application stating:
The name and address of the applicant.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The day and hours for which the permit is desired.
The park or portion thereof for which the permit is desired.
Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder.
Proof of liability insurance covering injuries to members of the sports team and their assistants.
Variances required from park rules and regulations.
Paying a fee of $100 for each permit.
Standards for issuance of a use permit shall include the following findings:
That the proposed activity of use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Borough.
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
Within 10 days after the receipt of an application, the Commissioners shall tell an applicant, in writing, of their decision to grant or deny a permit; in the event of a denial the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the Borough Council by serving written notice thereof on the Borough Clerk within five working 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 Borough Council. The Borough Council shall decide within 10 days from the receipt of the appeal by the Borough Clerk, or at its first meeting after the appeal, whichever is later. The decision of the Borough Council shall be final.
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.
An applicant for a permit shall be required 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 prior to the commencement of any activity or issuance of any permit.
Revocation. The Borough Council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
[Added 8-1-2013 by Ord. No. 2013-3]
Purpose. This section prohibits the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Chesilhurst so as to protect public health, safety and welfare, and prescribes penalties for failure to comply.
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
- Any individual; corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- All animals that are neither human nor domesticated.
Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by the Borough of Chesilhurst, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers or unconfined wildlife at environmental education centers, or feral cats as part of an approved trap-neuter-release program).
Violations and penalties. Any person who is found to be in violation of the provisions of this section shall be subject to a line not less than $25 and not to exceed $100.
Any person violating any provision in this article shall, upon conviction, be liable for the replacement, repair, or restoration of any damaged park property.
Any person violating any provision in this article shall, upon conviction, be subject to a fine not less than $100 and not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Additionally, any person violating any provision in this article may be ejected from the parks and parkways on the date of the violation.
Police officers and Borough employees, in connection with their duties imposed by law, shall be responsible for enforcement of the provisions of this article.