This article shall be known and may be cited as the "Parks or Recreation Facilities Control Ordinance."
[Adopted 7-22-1969 by Ord. No. 663]
A.
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. BOROUGH BOROUGH ADMINISTRATOR PARK or RECREATION FACILITY PERSON VEHICLE
Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
The Borough of Westwood.
Refers to all public parks, playgrounds and other publicly owned venues, both indoors and outdoors, within the Borough of Westwood which are owned, used or controlled by the Borough for recreational purposes, meetings, expositions, social functions and similar activities.
[Amended 8-15-2000 by Ord. No. 00-14[3]]
Any person, firm, partnership, association, corporation, company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the Borough parks or recreation facilities.
[1]
Editor's Note: This ordinance also provided that all references in this article to the Borough Manager shall be changed to Borough Administrator.
[Amended 6-3-2025 by Ord. No. 25-18]
No person in a park or recreation facility shall:
A.
Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts of other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B.
Rest rooms and washrooms. Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
C.
Removal of natural resources. Dig or remove any soil, rock, trees, shrubs or plants, down timber or other wood or materials to make any excavation by tool, equipment, blasting or other means or agency.
D.
Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
No person in a park or recreation facility shall:
A.
Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
B.
Climbing and similar activities. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences, ornamental urns, flower boxes, gun carriages or upon any other property not designated or customarily used for such purposes.
C.
Hitching of animals. Tie or hitch a horse, dog or other animal to any tree or plant.
No person in a park or recreation facility shall:
A.
Hunting.[1] Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal or the eggs, nest or young of any reptile or bird.
(1)
Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, copperheads and other deadly reptiles, may be killed on sight.
No person in a park or recreation facility shall:
A.
Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or recreation facility or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
B.
Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or recreation facility, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park or recreation facility by the person responsible for its presence and properly disposed of according to law.
[Amended 1-18-2011 by Ord. No. 11-04; 6-3-2025 by Ord. No. 25-18]
No person in a park or recreation facility shall:
A.
State motor vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such other regulations as are contained in this and other Borough ordinances.
B.
Enforcement of traffic regulations. Failure to obey the directions of a police officer and shall comply with instructions given and all traffic ordinances and Title 39 regulations of the New Jersey Motor Vehicle Code. Police Officers may in their sole discretion issue a summons for violating this section.
C.
Traffic signs. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.
D.
Operation confined to roads. Drive any vehicle on any park or recreation facility area except the paved roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Chief of Police, Borough Administrator and approved by the Governing Body.
E.
Traffic flow. The free flow of traffic along Borough streets shall remain unimpeded and all traffic and pedestrian signals shall be followed, except to the extent authorized by a permit or other legal authorization for the closure of a Borough street.
F.
Pedestrian traffic. Pedestrians not participating in the special event shall be given a four-foot passage to travel on Borough sidewalks and may not be maliciously obstructed or detained. Persons not participating in a special event must be allowed unimpeded access to buildings and businesses in the vicinity of the special event, with a clear space for ingress and egress available at all times.
G.
Redirecting. Law enforcement is authorized to redirect a special event in the interest of public safety.
H.
Closing of streets. Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying out the preceding sections of this chapter, the Borough Council will provide by resolution, for the closing of any street, or portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days whenever they find that such closing is necessary for the preservation of the public safety, health or welfare. Any regulations promulgated by the Borough Council pursuant to the authority of this section shall provide for the posting of proper warning signs of such closing in any street, or portion thereof, during the time the same is closed. The penalty for the violation of this section or any regulations promulgated pursuant thereto shall be as contained in § 243-17 Violations and penalties, of the Westwood Borough Code.
No person in a park or recreation facility shall:
A.
Hunting and firearms. Hunt, trap or pursue wildlife at any time.[1] No person shall use, carry or possess firearms of any description or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden. Excluded from the foregoing definitions are starter pistols used in connection with any athletic or recreational event used by authorized recreational personnel.
B.
Picnics and refreshments.
(1)
Regulated. Picnic lunch or other refreshments shall be eaten only in such places as may be designated for this purpose. The Governing Body shall, by resolution, designate the areas and places within the Borough parks where such activities may be permitted.
(2)
Duty of picnicker. No picnicker shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
C.
Camping. No person shall set up a tent, shack or other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park 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.
D.
Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, discs, arrows, javelins or model airplanes. The playing of physically active or comparatively dangerous games, such as football, baseball, horseshoes and quoits, is prohibited as are all sports involving running or jumping except in those areas as may be specifically set aside by resolution by the Governing Body for such forms of recreation.
E.
Horseback riding. Horseback riding is not permitted in Borough parks, except that pony rides may be offered as a feature of a fair sponsored or approved by the Governing Body.
[Amended 8-15-2000 by Ord. No. 00-14; 8-19-2003 by Ord. No. 03-12; 1-18-2011 by Ord. No. 11-04; 12-20-2022 by Ord. No. 22-42; 4-16-2024 by Ord. No. 24-11; 6-3-2025 by Ord. No. 25-18]
No person in a park or recreation facility shall:
A.
Intoxicating beverages prohibited. Serve, consume or dispense alcoholic beverages at any time in a park or recreation facility unless they have obtained specific authorization from the Governing Body to do so.
B.
Large assemblies. Assemble a large group in the park or recreation facility without a permit from the Borough Administrator for any public or private purpose, it being understood that the right of peaceful use of park or recreation facility privileges shall not be abridged or unreasonably withheld upon proper application being made and subject to rules and regulations established by the Governing Body.
C.
Permits for emergent assemblies shall be submitted to the Borough Administrator and passed through the Police Chief for a determination about the event and a recommendation to proceed. The Chief of Police shall review pertinent intelligence data and weigh the potential for counter protests and the public safety implications of the same and report those findings to the Borough Administrator prior to the issuance of such permits in order that the Borough may impose reasonable restrictions or additional fees upon the applicant. The Borough Administrator shall inform the Governing Body of any emergent applications prior to issuance of permit.
D.
Block the free flow of pedestrian or vehicular traffic throughout walkways and roadways withing the limits of a park or recreation facility.
E.
Fireworks and explosives. Bring, or have in his or her possession, or set off or otherwise cause to explode, discharge or burn, and firecrackers, torpedo, rocket or other fireworks or explosives or flammable material or discharge them or throw them into any such area from the land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, could be dangerous from any of the foregoing standpoints.
F.
Domestic animals. Permit the running at large of dogs or other domestic animals. All such animals shall be restrained at all times on adequate leashes not greater than six feet in length. No such animal is permitted on playing surfaces, or within fenced or unfenced playground perimeters regardless of whether the animal is leashed.
G.
Alms. Solicit alms or contributions for any purpose, whether public or private, without authorization from the Borough of Westwood.
H.
Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Borough Administrator. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable material within any park or recreation facility area or any highway, road or street abutting or contiguous thereto.
I.
Closed areas. Enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
J.
Games of chance. Gamble or participate in or abet any game of chance except for any fames of chance duly approved by the Games of Chance Commission and approved by the Governing Body of the Borough.
K.
Exhibit permits. Fail to produce and exhibit any permit from the Borough Administrator he or she 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.
L.
Interference with permittees. Disturb or interfere unreasonable with any person or party occupying any area, or participating in any activity, under the authority of a permit.
M.
Tobacco prohibited. Smoke/vape any tobacco products in any indoor or outdoor park or recreation facility.
N.
Marijuana and cannabis. Smoke or otherwise consume marijuana, cannabis or other Delta-9-Tetrahydrocannabinol or THC infused products of any kind in any indoor or outdoor park or recreation facility, or at any scheduled public event.
O.
Body excretions. No person shall spit, urinate or defecate in any public or non-public areas other than in receptacles, urinals or toilets expressly provided for that purpose.
P.
Public restrooms.
(1)
No person shall utilize public restrooms for the purpose of bathing, changing clothes, laundering clothes or personal belongings, and all washing activities shall be limited to the immediate needs of personal hygiene.
(2)
No person shall jointly occupy with one or more individuals any single urinal, toilet booth or toilet stall except for those individuals providing assistance to persons with disabilities or to individuals needing assistance.
Q.
Unlawful conduct. No person shall subject other persons, patrons, employees, to any or all of the following unlawful conduct:
(1)
Engaging in or threatening, fighting or other violent or tumultuous behavior;
(2)
Creating a hazardous or physically dangerous condition;
(3)
Subjecting another to striking, kicking, shoving, spitting, punching or other offensive touching, or threatening to do so; or
(4)
Engaging in any course of alarming conduct or of repeatedly committed acts with the purpose to alarm or seriously annoy such other person.
R.
Vandalization. No person shall cause damage, injury or harm by vandalizing, defacing, altering or writing upon any facility or equipment.
S.
Interference. No person shall interfere with a special event provided the persons engaging in such activity are in compliance with the foregoing rules and regulations and any other generally applicable laws or ordinances. All of the foregoing rules and regulations shall apply without regard for whether a permit must be or has been obtained, except to the extent of a particular rule or regulation has been waived or modified by a valid permit or other legal authorization.
T.
Post event cleanup. No permit holder shall leave the buildings, playgrounds, and recreation facilities in an unkempt manner. All buildings, playgrounds, and recreation facilities shall be returned to their original state prior to permit holders use of such.
No person in a park or recreation facility shall:
A.
Vending and peddling. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any concessionaire acting by and under the authority and regulation of the Borough Administrator.
B.
Advertising. Announce, advertise or call public attention in any way to any article or service for sale or hire.
C.
Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park or recreation facility.
[Amended 1-18-2011 by Ord. No. 11-04; 6-3-2025 by Ord. No. 25-18]
A.
The Mayor and Council of the Borough of Westwood shall, from time to time, as it shall see fit, by resolution at a public meeting, establish rules and regulations for the control and use of parks or recreation facilities within the Borough of Westwood, including the hours during which these facilities shall be open to the public, with the exception that walkways shall at all times be open to pedestrian through traffic.
B.
The use of park and recreation facilities improved and maintained for organized events and games, other than walkways for pedestrian through traffic and roadways for through traffic, may be limited to residents of the Borough of Westwood except where approval for such nonresident use of Borough park or recreation facilities shall be obtained from the Recreation Director, required by law to be open to nonresidents.
C.
Any organized group of 10 or more persons must have a permit in order to use a Borough park or recreation facility.
D.
No special event shall occur with 10 or more persons, and no person shall participate in a special event with 10 or more persons, absent the issuance of a permit.
E.
Signs are not permitted to be posted on utility or other poles, unless authorized in writing by the owner or operator of the utility or other pole. Additionally, and signs or flags must be held by hand and not affixed to any pole or stick exceeding three feet in length, except for cardboard tubing.
F.
In order to protect the quiet enjoyment of resident' homes during sleeping hours, including the sleeping hours of children, under no circumstances may sound amplification equipment be utilized during a special event in a residential neighborhood before the hour of 8:00 am or after the hour of 7:00 p.m. Persons participating in a special event shall not be permitted to climb in trees or up utility poles.
G.
To protect the public safety, it is prohibited to conduct a special event inside or in the immediate vicinity of a police or fire station, the interior of a Borough-owned or Borough-controlled building, or other buildings or locations within the Borough, as determined by the Borough Administrator, to be subject to this provision to protect the public safety. The foregoing does not apply to Borough property generally considered traditional public forums, including but limited to public parks, plazas, streets and sidewalks, or limited public forums.
H.
It is prohibited to engage in picket in or other activities that (i) are disruptive of or are undertaken to disrupt, (ii) are directed at, and (iii) take place directly in front of or directly adjacent to, a particular private residence.
I.
Said rules and regulations shall be posted in places where effective, including the Borough website, pursuant to the provisions of N.J.S.A. 40:61-1 et seq.[1]
[1]
Editor's Note: Original § 84-10, Nonresident restrictions, which immediately followed this section, was repealed 5-20-2003 by Ord. No. 03-03.
[Added 8-15-2000 by Ord. No. 00-14; amended 1-18-2011 by Ord. No. 11-04; 6-3-2025 by Ord. No. 25-18]
A.
Parks and recreation facilities may be reserved for usage by designated groups or individuals or by organizations. The Mayor and Council shall promulgate forms and procedures for the use of said facilities by resolution. It shall be unlawful to violate the terms and conditions of any use permit issued by the Mayor and Council. Failure to abide by the conditions of the approval will be considered just cause to immediately cancel the permit and end the event.
B.
Application to conduct an emergent special event of 10 or more people shall be made to the Borough Administrator, in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information:
(1)
The name, address and telephone number of the person requesting the permit.
(2)
The name and address of the organization of group they are representing.
(3)
The name, address and telephone number of the person or persons who will act as chairperson of the special event and be responsible for the conduct thereof.
(4)
The number of monitors to be provided and the identifying marks, badges, or symbols to be worn or used by the monitors.
(5)
A description of the event, the estimated number of persons to participate and otherwise attend and the number and types of vehicles (if any) to participate.
(6)
The method of notifying participants of the terms and conditions of the special event.
(7)
The date the event is to be conducted and the hours it will commence and terminate.
(8)
The specific assembly and dispersal locations, the specific route and the plans, if any, for assembly and dispersal.
(9)
Whether any music will be provided, either live or recorded.
(10)
The number, types and locations of all loudspeakers and amplifying devices to be used.
(11)
Such other information as the Police Chief may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
(12)
Agreement to indemnify and hold harmless the Borough, its servants, agents, and employees for any and all claims caused by or arising out of the activities permitted.
(13)
A certificate of insurance naming the Borough of Westwood as an additionally insured in the amount of $1,000 for general liability unless waived by the Borough Council.
(14)
Any event that may necessitate the use of Police, separate and apart from the working shift, will at the discretion of the Borough require prepayment for the anticipated cost of Police security for such an event.
No such permit shall be issued for a special event unless application has been made not less than 10 days in advance of the date on which said special event is sought to be held, unless the applicant demonstrates that it was not feasible to have made an application by such time. No such event shall commence earlier than 8:00 a.m. nor continue beyond the hour of 10:00 p.m. of the same day. All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.
C.
Fees for use of parks and recreation facilities shall be charged and payable as set forth in Article III, Recreation Fees, of this chapter.
D.
Issuance or denial of permit. If the Borough Administrator, in consultation with the Chief of Police as necessary, shall find that the special event is not to be held for any unlawful purpose, does not interfere with the publics health, safety and welfare and will not in any manner tend to cause a breach of the peace or unnecessarily interfere with the use of the public streets or public rights-of-way, they may issue said permit.
[Amended 6-3-2025 by Ord. No. 25-18]
A.
Officials. The Borough police shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
B.
Disbursement. The police department shall have the authority to eject from the park or recreation facility any person acting in violation of this article.
C.
Seizure of property. The Westwood Police Department shall have authority to seize and confiscate any property, thing or device in the park or recreation facility used in violation of this article and in accordance with New Jersey State Statutes.
[Amended 6-22-1976 by Ord. No. 772; 6-3-2025 by Ord. No. 25-18]
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty as a disorderly person and, upon conviction, shall, in the discretion of the Judge, be fined as follows: