[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Editor's Note: This ordinance also repealed former Ch.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.
