[HISTORY: Adopted by the Borough Council of the Borough of
Chesilhurst as indicated in article histories. Amendments noted where
applicable.]
[1]
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:
A.
Any term in the singular shall include the plural.
B.
Any term in the masculine shall include the feminine and neuter.
C.
Any requirement or prohibitions of any act shall respectively extend
to and include the causing and procuring, directly or indirectly,
of such act.
D.
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.
E.
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.
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.
Any person employed by the Commission as a parks attendant
to perform duties or tasks within the park and recreation area.
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.
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.
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:
A.
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.
B.
Bring any pets into or cause any pets to enter into any park, parkway,
walking trail, Tot Lot, or recreation area.
C.
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.
D.
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.
E.
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.
F.
Attach any rope or cable or other contrivance to any tree, fence,
railing, bridge, bench, or other structure.
G.
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.
H.
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.
I.
Bring any glass container into any park or recreation area.
J.
Cause or permit to run loose any animal.
K.
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.
L.
Interfere with or in any manner hinder any Borough employee in the
performance of his or her duties.
M.
Use threatening, abusive, profane or indecent language or perform
any conduct which constitutes a breach of the peace.
N.
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.
O.
Stand or sit on any tables or guardrails.
P.
Sleep or protractedly lounge on the seats, benches or tables.
Q.
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription, without the authorization of the Mayor and/or Borough
Council.
R.
Hold any public meeting or give any concert or public entertainment
of any kind, without the authorization of the Mayor and/or Borough
Council.
S.
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:
A.
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.
B.
Park a vehicle anywhere except on a designated parking area.
C.
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.
D.
Leave a bicycle in a place other than a bicycle rack when such is
provided and there is space available.
E.
Ride a bicycle without reasonable regard to the safety of others.
F.
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.
G.
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.
H.
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.
I.
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:
A.
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.
B.
Any burglar tools.
C.
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.
A.
No person shall post, paint, affix, distribute, deliver, place, cast
or leave about any bill, billboard, placard, ticket, handbill, circular,
or advertisement.
B.
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:
(1)
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.
(2)
Operate for advertising purposes any musical instrument, soundtrack
or drum.
(3)
Hold public assemblages.
(4)
Conduct exhibitions.
(5)
Hold a parade.
(6)
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:
A.
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.
B.
Solicit alms or contributions for any purpose, whether public or
private.
C.
Play any game of chance or have possession of any instrument or device
for gambling.
D.
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:
A.
Camp or stay overnight anywhere except in areas designated for camping
or staying overnight in vehicles or trailers.
B.
Take part in the playing of any games involving thrown or otherwise
propelled objects except in those areas designated for such forms
of recreation.
C.
Play football, baseball, basketball, soccer or lacrosse, except in
areas designated for such games.
D.
Roller skate or use skateboards except in those areas specifically
designed for such pastimes.
E.
Enter an area posted as "closed to the public."
F.
Engage in threatening, abusive, insulting or indecent language or
engage in any disorderly conduct or behavior tending to breach the
public peace.
G.
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.
H.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
I.
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.[1]
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:
A.
Swimming, bathing, wading, fishing.
B.
Ice skating, sledding, skiing.
C.
Model airplane flying.
D.
Boating on ponds, without motors.
E.
Baseball (except organized league games).
F.
Police pistol range.
G.
Archery.
H.
Horseshoe pitching.
I.
Tennis (except organized league games).
J.
Picnicking.
K.
Camping.
L.
Football and track (except organized league games).
M.
Basketball (except organized league games).
N.
Soccer (except organized league games).
O.
Bicycle riding.
P.
Throwing or propelling any object.
Q.
Roller skating.
A.
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:
(1)
A person seeking issuance of a permit hereunder shall file an application
stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which the permit is desired.
(e)
Any other information reasonably necessary to a determination
as to whether a permit should be issued hereunder.
(f)
Proof of liability insurance covering injuries to members of
the sports team and their assistants.
(g)
Variances required from park rules and regulations.
(h)
Paying a fee of $100 for each permit.
(2)
Standards for issuance of a use permit shall include the following
findings:
(a)
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.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary or
burdensome expense or police operation by the Borough.
(e)
That the facilities desired have not been reserved for other
use on the date and hour requested in the application.
B.
Appeal.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
FEED
PERSON
WILDLIFE
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.
C.
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).
E.
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.
A.
Any person violating any provision in this article shall, upon conviction,
be liable for the replacement, repair, or restoration of any damaged
park property.
B.
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.
