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Borough of Clementon, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon 8-9-2005 by Ord. No. 2005-27[1] as Art. II of Ch. 5; redesignated as Ch. 194 by Ord. No. 2008-08, adopted 6-10-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 70.
Animals — See Ch. 78.
Curfew — See Ch. 109.
Drug-free zones — See Ch. 115.
Fees — See Ch. 125.
Littering — See Ch. 172.
Peddling and soliciting — See Ch. 202.
Trees — See Ch. 274.
Vehicles and traffic — See Ch. 281.
Motor-driven vehicles — See Ch. 285.
Zoning — See Ch. 298.
[1]
Editor's Note: This ordinance also repealed former Ch. 5, Art. II, Board of Park Commissioners, adopted 8-7-1956 by Ord. No. 56-9, as amended.
The following rules and regulations are hereby adopted for the protection, regulation and control of parks, roads, driveways, sidewalks, paths, lakes, pools, fountains, trees, flowers, shrubs, statuaries, buildings and other objects contained within and upon property designated as Borough parks and recreation areas within the Borough of Clementon.
No person shall be permitted within a Borough park or recreation area under the influence of intoxicating beverages, drugs or narcotics. No person shall possess or distribute for consumption alcoholic beverages without the required permits issued from the Borough Clerk's Office and the approval of the governing body. No person shall possess, distribute or consume drugs or narcotics in or upon any Borough park or recreation area.
A. 
Dogs, horses, animals or pets, domestic or wild, are not permitted within any Borough park or recreation area at any time either on a leash or at large except in areas marked and designated by the governing body by signs bearing the words "Domestic Animals Permitted in This Area." All domestic animals in those areas where such animals are permitted shall be adequately restrained at all times.
B. 
No person shall tie or hitch an animal to any rock, tree, shrub or fixed object.
C. 
No person shall 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.
A. 
No person shall leave bottles, broken glass, ashes, wastepaper or other rubbish within a Borough park or recreation area, except in a properly provided receptacle designated for that purpose.
B. 
No person shall throw or place any dirt, stone, rock, debris, foreign or waste substance, organic or inorganic solid or liquid waste into or upon any Borough park or recreation area or in any stream, lake, pond, river or body of water within or bordering upon land of a Borough park or recreation area.
C. 
No person shall throw, cast, lay or drop, discharge into or allow to remain in the water of a Borough park or recreation area, or any tributary, brook, lake, stream, pond or storm sewer or drain flowing into said waters, any substance, matter or thing which may or shall result in the pollution of said waters.
A. 
No person shall pick flowers, foliage, berries or fruit or damage, carve, cut, break, dig up, transplant, remove or in any way mutilate or injure any tree, shrub, plant, fern, grass, turf, railing, seat, fence, structure or any other object within a Borough park or recreation area or in any other way injure the natural beauty or usefulness of any area.
B. 
No person shall climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property or object not designated or customarily used for such purposes within a Borough park or recreation area.
C. 
No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving materials, public utilities 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, within a Borough park or recreation area.
D. 
No person shall plant or bring into or upon any Borough park or recreation area any tree, shrub or plant or any newly plucked branch or portion of a tree, shrub or plant without permission from the Chairperson of Parks and Playgrounds.
E. 
No person shall dig up, excavate, quarry or remove any dirt, stone, rock, sand or other substance whatsoever, or set off any blast, or cause or assist in doing any of said things within a Borough park or recreation area.
F. 
No person shall build, construct, tear down, improve or alter any buildings or recreation fields or Borough property (whether permanent or temporary) or run or string any public service utility into, upon or across such lands without written permission from the Director of the Department of Public Works, with the consent of the Mayor and Borough Council, and meet the requirements of the National Construction Code.
G. 
No person who is not a Borough employee shall perform field maintenance in any Borough park or recreation area without written permission from the Director of the Department of Public Works prior to any work being performed.
A. 
No person shall build or attempt to build, light or maintain a fire within a Borough park or recreation area except in a permanent grill installed, maintained or designated for that purpose by the Borough of Clementon. Portable grills and camp stoves are prohibited.
B. 
No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco, paper or other flammable material within any Borough park or recreation area or on any highways, roads or streets abutting or contiguous thereto.
C. 
No person shall have in his/her possession, set or otherwise cause to explode, discharge or burn any firecrackers, torpedoes, rockets, fireworks or explosive or flammable material within any Borough park or recreation area, or discharge them or throw them into any such areas from lands or highways adjacent thereto, without the prior approval of the governing body and meeting the requirements of the New Jersey Uniform Fire Code, N.J.A.C. 5:70.
A. 
No person shall possess, carry or discharge any firearms or weapon of any description, or air rifles, spring guns, bows and arrows, slings or any other forms of weapons or devices potentially inimical to wildlife or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device, within or into any Borough park or recreation area.
B. 
No person shall hunt, abuse, shoot, pursue, molest, trap, capture, hold, remove, injure or kill, or throw objects at, or have in his/her possession any animal, reptile or bird or disturb its habitat, within a Borough park or recreation area. No person shall purchase, sell, accept or give away any such animal, reptile, bird or eggs except as may be specifically provided for and permitted by the governing body.
A. 
No person shall enter upon any portion of a Borough park or recreation area after dusk, except for special events approved by the Chairperson of Parks and Playgrounds.
B. 
No person shall coast with hand sleds, bobs, skis, carts, skateboards, bikes or other vehicles on wheels or runners within a Borough park or recreation area, except in areas so designated and posted for that purpose. No person shall leave a hand sled, bob, skis, cart, skateboard, bicycle or any other vehicle on wheels or runners 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.
C. 
No person shall throw, cast, catch, kick or strike any baseball, golf ball, football, basketball or any other object within a Borough park or recreational area except in areas designated and posted for the purpose.
D. 
No person shall swim, bathe or wade in any pond, stream, lake, pool or other body of water within or bordering a Borough park or recreation area unless it has been designated and posted for that purpose.
E. 
No person shall use, operate or bring any boat, raft, canoe or other watercraft, whether motor powered or not, on any streams, lakes, ponds or body of water within or bordering a Borough park or recreation area unless it has been designated for such purpose and posted for same.
F. 
The use of motorized or powerless flying objects or devices, either for landing or taking off, shall not be permitted in any Borough park or recreation area unless it has been specifically designated and posted for that purpose or special permission has been granted by the Chairperson of Parks and Playgrounds and the appropriate licenses shall have been issued.
G. 
No person shall cut, carve, paint, mark, paste or fasten on any tree, fence, wall, building, monument or other object within a Borough park or recreation area any sign, placard, bill, advertisement or inscription, nor shall any person erect, or cause to be erected, any sign on any park lands or roads in any park, nor shall any person distribute, cast, throw or place any handbill, pamphlet, circular, advertisement or notice of any kind within a Borough park or recreation area without the permission of the Borough Council.
H. 
No person shall engage in any commercial enterprise, including, but not limited to, the offering of services, soliciting, selling or peddling any liquids or edibles for human consumption, or distribute circulars or hawk, peddle or vend any goods, wares or merchandise within a Borough park or recreation area, except when such action is approved by the Chairperson of Parks and Playgrounds and the appropriate licenses shall have been issued.
I. 
No person shall tell fortunes, play at games of chance or use any gambling device within a Borough park or recreation area unless the required license has been issued by the Borough Clerk and permission has been granted by the Chairperson of Parks and Playgrounds.
J. 
No person shall violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of first come, first served within a Borough park or recreation area.
K. 
No person shall use any portion of the picnic area or any of the buildings or structures therein in any Borough park or recreation area 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.
L. 
No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in any Borough park or recreation area after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like except in those areas designated by the governing body for those purposes.
M. 
No person shall go onto the ice on any waters within any Borough park or recreation area except such areas as are designated as skating fields, and provided a safety signal is displayed.
N. 
No person shall disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit within any Borough park or recreation area.
"Recreation field" sign shall mean any sign placed on any Borough recreation field, whether freestanding, attached or temporary.
A. 
Freestanding, attached or temporary signs or banners located on any Borough recreation field or ball field shall be a maximum of 12 square feet.
B. 
Signs shall be permitted only during the playing season and must be removed within 15 days after the completion of the playing season. Temporary signs or banners are permitted for one day only and must be removed at the completion of the day's events.
C. 
All signs and banners, whether freestanding, attached or temporary, must be professionally done and must be presented to the Chairperson of Parks and Playgrounds for review and registration. All signs and banners must be in good taste and cannot have any references to tobacco or alcohol brands. Nothing herein shall be interpreted to exclude local business sponsorships.
D. 
Signs must be registered every two years. Temporary signs or banners must be registered daily.
E. 
Following the initial adoption of this provision, all existing signs shall be registered and, if not in compliance with the regulations herein, shall be removed after the 2007 playing season.
A. 
No person shall use any portion of a Borough park or recreation area for the purpose of a way, except driveways, parking areas, roadways, paths, walks, trails and footpaths established for pedestrian travel by the Borough Council. No person shall use any pedestrian path, walk, trail or footpath for vehicular travel. The use of bicycles, mopeds and motorcycles will be limited to roadways, drives and parking areas as established and open to all other vehicular traffic within any Borough park or recreation area as may be posted and designated. Minibikes, trail bikes, go-carts, all-terrain vehicles and any unlicensed vehicles are prohibited from any Borough park or recreation area. Bicycles, mopeds and motorcycles cannot be driven on any park or recreation area except as hereinabove stated.
B. 
No person shall drive or propel, or cause to be driven or propelled, along or over any road within a Borough park or recreation area any vehicle at a rate of speed greater than 15 miles per hour or such other speed limit as established by the Borough Council and posted along the right-of-way.
C. 
No person shall drive or propel, or cause to be driven or propelled, along or over any road, roadway, drive, driveway or parking area within a Borough park or recreation area any vehicle in a reckless or careless manner or in any manner to endanger the life, limb or property of pedestrians, the drivers or occupants of other vehicles or any other person or property within a Borough park or recreation area. The motor vehicle, moped, motorcycle and its operator shall be in compliance with New Jersey State motor vehicle license and safety laws.
D. 
No person shall park or store any motorcar, motorcycle, moped, minibike, bicycle, wagon or other vehicle within a Borough park or recreation area, except in areas designated and posted for such purposes, or such areas as may on occasion be specifically designated as temporary parking areas by the Chairperson of Parks and Playgrounds. Parking areas and thoroughfares are limited to use by park patrons only and for the purpose of driving to park vehicles. Loitering in or around parked vehicles is not permitted unless special permission has been granted by the Chairperson of Parks and Playgrounds as hereinafter provided.
E. 
No person shall set or place or cause to be set or placed any goods, wares or merchandise or property of any kind so as to obstruct travel within a Borough park or recreation area.
F. 
No person shall enter any part of a Borough park or recreation area or park roads with a commercial vehicle, except by permit issued by the Chairperson of Parks and Playgrounds.
G. 
No person shall use park drives or parkways within a Borough park or recreation area for the purpose of demonstrating any vehicle or for the purpose of learning to drive or operate any vehicle.
H. 
No person shall leave a vehicle standing or parked at night in established parking areas or elsewhere in a Borough park or recreation area. No motor vehicle shall be parked in said Borough park and recreation areas from 1/2 hour after sunset until sunrise, except as otherwise permitted by the Chairperson of Parks and Playgrounds.
I. 
No person shall park any motor vehicle, boat or trailer for the purpose of selling same within a Borough park or recreation area.
A. 
The hours of operation of all Borough parks and recreation areas are 8:00 a.m. to dusk.
B. 
No person shall enter into or remain within a Borough park or recreation area except during the hours the park or recreation area is open to the general public, unless written permission is granted by the Chairperson of Parks and Playgrounds.
A. 
Except for unusual and unforeseen emergencies, Borough parks and recreation areas 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 governing body.
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 may be maintained on the basis of residence in any park.
D. 
No group of 10 or more persons shall use a Borough park or recreation area without first having obtained a permit from the Public Works Department at least 15 days before the proposed date of use. Group use shall be limited to designated areas. Adult supervision of children's groups is required at all times.
E. 
No person shall call or hold any public meeting or give any concert or public entertainment of any kind within a Borough park or recreation area without first having obtained written permission from the Public Works Department at least 15 days before the proposed date of use.
F. 
No person shall use loudspeakers, public address systems or amplifiers within a Borough park or recreation area without first having obtained written permission from the Public Works Department at least 15 days before the proposed date of use.
Permits for special events/activities in Borough parks and recreation areas must be obtained by application to the Public Works Department in writing at least 15 days before the proposed date of use in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Public Works Department stating:
(1) 
The name and address of the applicant;
(2) 
The name and address of the person, persons, corporation, organization or association sponsoring the activity, if any;
(3) 
The day(s) and hour(s) for which the permit is desired;
(4) 
The field, park or portion thereof for which such permit is desired; and
(5) 
Any other information which the Public Works Department shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
Standards for issuance of a use permit by the Public Works Department 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; and
(4) 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
C. 
Appeal. Within seven days after the receipt of an application for permit, the Director of Public Works shall advise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Borough Council by serving written notice thereof on the Borough Clerk within five days of said refusal. A copy of said notice shall also be served on the Public Works Department within the same time, and said Department shall immediately forward the application and the reasons for its refusal to the Borough Council, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Public Works Department's decision within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council 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. 
An applicant is required to supply evidence of liability and hazard insurance with a single limit of $1,000,000 and naming the Borough of Clementon, New Jersey, as an additional insured.
F. 
Unless specifically identified in Subsection I hereof, each applicant shall submit, with the application for permit, the sum set forth in Chapter 125, entitled "Fees," representing a nonrefundable registration fee and a security deposit. In the event that any provision of this article is violated by a permittee, the security deposit is forfeited.
G. 
The person(s) to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of negligence of the person(s) to whom such permit shall have been issued.
H. 
Revocation. The Public Works Department shall have the authority to revoke a permit upon a finding of violation of any rule, statute or ordinance or upon good cause shown.
I. 
Exceptions. The following groups shall be exempt from the requirements of Subsection F above:
(1) 
Clementon Youth Association;
(2) 
Clementon Fire Department;
(3) 
Clementon Police Department;
(4) 
Clementon Board of Education;
(5) 
Clementon Special Events Committee; and
(6) 
Any Clementon organization which has the approval of the Borough Council, subject to special conditions set forth by the aforementioned Council.
J. 
The exemption granted to any group by this section may be revoked by the Borough Clerk if such group violates any of the provisions of this Code.
A. 
No person shall resist any agent or officer of the Borough of Clementon in the discharge of his/her duty or fail or refuse to obey any lawful command of any agent or officer or in any way interfere with or hinder or prevent any such agent or officer from discharging his/her duty or in any manner assist or give aid to any person in custody to escape or attempt to escape from custody or to attempt to rescue any person when in such custody.
B. 
No person shall falsely represent or impersonate any agent or officer or pretend to be an agent or officer of the Borough of Clementon.
C. 
No person shall harass, obstruct, molest, assault or interfere with any person lawfully within a Borough park or recreation area or resist, obstruct, molest, assault or interfere with any agent or officer of the Borough of Clementon in discharge of his/her duty.
D. 
No person shall remain within a Borough park or recreation area who does not abide by ordinances, rules and regulations adopted by the Borough Council for the preservation of good order and the protection of property within a Borough park or recreation area. No person shall remain within a Borough park or recreation area who does not abide by the instructions and directions of duly authorized officers, agents and employees of the Borough of Clementon in the lawful performance of their duties. Any person directed by an authorized agent, officer or employee of the Borough to leave a Borough park or recreation area shall do so promptly and peaceably.
E. 
No person shall interfere with or in any manner hinder any authorized agents, officers or employees of the Borough of Clementon while engaged in constructing, repairing or caring for any park property or interfere with any improvements being made within or about a Borough park or recreation area.
A. 
The Code Enforcement Officer or its designated agents shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
B. 
The Code Enforcement Officer or its designated agents shall have the authority to eject from the park area any person(s) acting in violation of this article.
C. 
The Code Enforcement Officer or its designated agents shall have the authority to order the seizure and confiscation of any property, thing or device in the park or used in violation of this article by the Clementon Police Department.
D. 
This article shall also be enforced by the Department of Public Works and the Clementon Police Department.
Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a fine of not more than $1,000 or imprisonment for a term not exceeding 180 days, or both, at the discretion of the Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.