[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Rocky Hill 10-5-2009 by Ord. No. 10-2009.[1] Amendments noted where applicable.]
Parks or other public land in the Borough of Rocky Hill, County
of Somerset, State of New Jersey, will be closed to the public from
sunset to sunrise except by permit or for official business, and it
shall be unlawful for any person to trespass, loiter or otherwise
enter on said lands, or any part thereof, during said time, or to
fail or refuse to depart from said lands upon demand by any Borough
official or other lawful authority.
[Amended 5-17-2021 by Ord. No. 2021-08]
Unless specifically authorized or exempted by the Borough or
through the issuance of an official permit, the following activities
and conduct shall be prohibited within any park or other public land
belonging to or operated by the Borough:
A.
No person shall post, print, affix, distribute, glue, tack or otherwise
post a sign, placard, advertisement or inscription. No signage, excepting
that authorized by the Borough may be posted.
B.
No person shall operate any musical instrument, sound track, drum,
voice amplifier, or any other sound device for advertising purposes
or for the purpose of attracting attention to any exhibition, show,
performance or other display.
C.
Unless otherwise provided, no person shall cause or permit any animal
owned by him, in his custody, or under his control, to go or be at
large.
(1)
Dogs shall be restrained by a leash, cord, chain, or otherwise.
(2)
No person shall ride or drive a horse unless it is well broken and
constantly held in such control that it may be easily or quickly turned
and stopped.
(3)
No person shall permit a horse to be unbridled or left unattended
in any unenclosed area without being securely fastened.
D.
No person shall hunt, molest, harm, frighten, kill, trap, pursue,
chase, shoot or throw missiles at any animal, wildlife, reptile or
bird; or knowingly purchase, buy, receive or have in his possession,
sell, convey or give away any such animal, reptile, bird or eggs of
any such reptile or bird.
E.
No person shall throw stones or other missiles so as to annoy or
injure other persons.
F.
No person shall climb or stand upon a wall, fence, shelter, monument,
statue, or other structure.
G.
No person shall enter or leave the park facilities except at established
entrances and exits.
H.
No person shall remove or open permanent or temporary barriers, signs,
directionals, gates, or fences.
I.
No person shall have in his possession or bring into any park or
other public land, or set or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo rockets or other fireworks, firecrackers
or explosives or inflammable material or discharge them or throw them
into such area from lands or highways adjacent thereto. This prohibition
includes any substance, compound, mixture or article that in conjunction
with any other substance or compounds may decompose suddenly and generate
sufficient heat, gas or pressure or any or all of them to produce
rapid flaming, combustion, or administer a destructive blow to surrounding
objects.
J.
No person shall carry or possess firearms of any description in which
loaded or blank cartridges may be used, or air guns, spring guns,
slings or any other form of weapon potentially dangerous to wildlife
and human safety. Shooting such devices into the park area from beyond
the park boundaries or beyond the boundary of any other public land
is forbidden, except that this section shall not apply to any police
officer, constable or other duly constituted officer under the laws
of the State of New Jersey, or of the United States of America, authorized
to carry firearms in the performance of his official duties.
K.
No person shall kindle, build, maintain or use a fire or use any grill or portable oven.
This provision shall not prohibit the Rocky Hill Fire Department or
any vendor employed by the Borough of Rocky Hill from using grills
or portable ovens to prepare food for community events. Further, this
provision shall not prohibit vendors from using grills or portable
ovens to prepare foods for events sanctioned or authorized by the
Borough Council. However, any vendor using grills or portable ovens
is not exempt from any Fire Code requirements specified in this Code
book or in any Somerset County or State of New Jersey rules, regulations,
or statutes.
L.
No person shall operate any vehicle except on roadways or parking areas provided for such purpose. No person shall operate a minibike, moped, ATV or snowmobile within the boundaries of any park or other public land. See Chapter 188, Motorized Vehicles, of this Code for relevant prohibitions and exceptions. This provision shall not be construed to limit or prohibit the operations of emergency service organizations.
M.
No person shall park or cause to be parked any vehicle except in
areas established for parking or designated by signs for such purposes.
No vehicle shall be parked, whether or not the operator is in attendance,
after the closing hours of any park or other public land unless the
parking area is necessary to park the vehicles of attendees at a public
meeting or other public event that has been authorized by the Borough
Council.
N.
No person shall throw any substance, matter or thing which may or
shall result in the pollution of any lake, river, lagoon, stream,
storm sewer, or drain of any park or the like which leads into or
passes through the park.
O.
No person shall take into, carry through, leave in, throw, cast,
lay, drop or discharge onto or on any park or onto or on any public
land any rubbish, refuse, garbage, or other material, irrespective
of whether the same is organic or inorganic.
P.
No person shall injure any trees, shrubs, grass, or destroy, cut,
break, deface, mutilate, disturb, sever or remove from the ground
any plant, flower, growing thing, stem, branch or leaf thereof. In
addition, no person shall pile debris of any kind against such vegetation,
attach any rope or cable or other conveyance thereto, or set fire
or assist in setting a fire to any of the same. This provision shall
not prohibit the Borough of Rocky Hill or any of its contractual agents
from undertaking whatever activities or conduct are required to maintain
the landscaping of the parks and public lands, including but not limited
to mowing, weeding, pruning, planting, mulching, fertilizing, removing
diseased trees, and clearing of the land for authorized building projects.
Further, this provision shall not prohibit activities authorized by
the Borough in celebration of Earth Day or other volunteer clean-up
programs.
Q.
No person shall willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings, paving materials, water lines or other
public utilities or parts of or appurtenances thereof. This provision
shall not prohibit the Borough of Rocky Hill or any of its contractual
agents from undertaking whatever activities or conduct are required
to maintain and improve the park facilities.
R.
No person shall dig or remove any soil, rock, sand, clay or earth
or make any excavation of any kind by any means or agency. This provision
shall not prohibit the Borough of Rocky Hill or any of its contractual
agents from undertaking whatever activities or conduct are required
to maintain and improve the park facilities.
S.
No person shall gamble or participate in any game of chance, unless
under permit issued by the Borough.
T.
FEED
WILDLIFE
No person shall feed any wildlife. As used in this chapter, the following
terms shall have the meanings indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife, but shall not include baiting in the legal taking of fish
and/or game.
Any animal, whether mammal, bird, fish, reptile or amphibian,
that is not domesticated.
U.
No person shall consume alcoholic beverages except by permit issued
by the New Jersey Division of Alcohol and Beverage Control and by
resolution from the Borough Council.
V.
No person shall ice skate in parks or other public land in the Borough
of Rocky Hill.
[Amended 5-17-2021 by Ord. No. 2021-08]
The following activities and uses are permitted only by persons
who obtain a valid permit therefore and are otherwise prohibited within
the park or other public land belonging to or operated by the Borough:
A.
No person shall cast, hand out or leave about any bill, billboard, placard, tickets, hand bill, circular, flag, banner, transparency or any other matter for advertising purposes within any park or other public land without first obtaining a permit therefor in the manner described in § 131-6 and further provided that such person shall, in addition, obtain a permit for such activity in accordance with Chapter 135, Peddling and Soliciting.
B.
No person shall conduct or organize an outdoor assembly of persons within any park or other public land at which 200 or more persons shall be in attendance unless such person shall first obtain a permit therefor from the Borough Clerk. Such permit does not obviate the need to obtain a permit in accordance with the provisions of Chapter 74 of this Code, if such chapter is relevant to the activities and uses.
C.
No person shall solicit for contributions or for any purpose whether public or private except that a nonprofit, religious, charitable, civic or veteran organization, service club, volunteer fire or first aid company may solicit in its name money, donations or financial assistance and may sell or distribute any item of literature or merchandise for which a fee is charged. Such organization shall, prior to any such solicitation in any park or other public land, comply with the provisions of Chapter 135, Peddling and Soliciting, and obtain, in accordance with that section, the permits and identification cards required.
D.
No person shall sell or offer for sale any object or merchandise or any other thing within any park or other public land except by permit issued in accordance with § 131-6, and, in addition to such permit, no person shall engage in such activities without a permit obtained pursuant to the provisions of Chapter 135, Peddling and Soliciting.
F.
A person may obtain a permit, in the manner described in § 131-6, for purposes of reserving for exclusive use a portion or portions of a park or other public land, including but not limited to athletic fields or other athletic areas, picnic areas or portion(s) thereof, or the buildings or structures therein.
The Recreation Committee and Borough Engineer are hereby authorized
to recommend to the Borough Council rules and regulations for the
safe and efficient operation and management of the parks of the Borough.
When such rules and regulations are approved by resolution of the
Borough Council, the Borough Engineer shall post such rules and regulations
in appropriate places together with other notices consistent with
this chapter to provide public notice thereof. To the extent that
such postings and signs meet the design specifications in the Rocky
Hill Development Regulations Ordinances,[1] no other permits for installation of signage will be required. If such rules and regulations shall require the issuance of a permit prior to any activity or group activity, the standards for issuance of permits provided for in § 131-6B shall apply. It shall be unlawful for any person to use or to be present in a park in a manner prohibited by such rules and regulations.
[1]
Editor's Note: The Development Regulations Ordinance is on
file in the office of the Municipal Clerk.
A.
Van Horne Park. On behalf of the Borough of Rocky Hill, the Township
of Montgomery is hereby authorized to issue permits for recreational
activities in Van Horne Park in accordance with the Township's ordinances
and permit procedures, including fee schedules, as specified in the
recreation agreement with the Borough of Rocky Hill. Such fees charged
and collected by the Township of Montgomery will be reimbursed to
the Borough of Rocky Hill in accordance with the recreational agreement
between the Township and the Borough.
B.
For parks or activities not subject to the recreational agreement with the Township of Montgomery, no person shall engage in any activity or use within any park where a permit is required by this section or by the rules and regulations adopted by the Borough Council pursuant to § 131-4, without first having obtained such permit in accordance with the following procedure and standards:
(1)
A permit shall be obtained by application submitted to the Borough
Clerk of the Borough of Rocky Hill, which application shall contain
the following:
(a)
The name and address of the applicant.
(b)
The name and address of the person(s), corporation(s) or association(s)
sponsoring the activity, if any.
(c)
The days and hours for which the permit is desired.
(d)
The park or portion thereof for which the permit is desired.
(e)
The specific activity or use for which the permit is necessary,
including the number of persons to be covered by such permit.
(g)
Copy of nonprofit certificate or certificate of incorporation.
(h)
Agreement that no vehicles will be parked on the playing fields.
(i)
Agreement to remove any trash, garbage, or debris attributable
to the activity or use for which the permit is required.
(j)
Agreement to report promptly to the Borough Clerk and to compensate
the Borough of Rocky Hill for any damage to the grounds, facilities,
equipment, or other property caused by the activity or use for which
the permit is required. The cost to remediate such damage will be
determined by the Borough Engineer.
(2)
The Borough Clerk, in consultation with the Mayor, shall consider such application and, within 15 days of receipt of a complete application, including the insurance certificate and hold-harmless agreement required in Subsection B(4) below, either grant or deny the application. The decision of the Borough Clerk shall be transmitted to the applicant shown on the application. The standards for issuance of such permit by the Borough Clerk shall include the following:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public 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 for the police operation by the Borough.
(e)
That the facilities desired have not been reserved for other
use at the date and hour requested by the application.
(f)
That the proposed activity or use will not cause destruction
of or damage to the grounds, facilities, equipment or other property.
(g)
That the proposed activity or use will not generate nuisance
or harmful levels of noise, odor, dust, or debris.
(h)
That the proposed activity or use will not create an impediment
to the safe and orderly passage of pedestrian or vehicular traffic.
(3)
Any person aggrieved by the decision of the Borough Clerk as hereinabove
provided shall have the right to appeal to the Borough Council by
serving written notice thereof on the Borough Clerk within five days
of notification of the decision of the Borough Clerk. A copy of such
notice shall also be served on the Mayor within the same time and
the Mayor shall immediately forward the application and the reasons
for its refusal to the Borough Council, who shall consider the appeal
under the application standards set forth in this section and sustain,
modify, or overrule the decision of the Borough Clerk within 10 days
from receipt of the appeal by the Borough Clerk. If no scheduled Borough
Council session occurs within the ten-day appeal period, then a subcommittee
of the Borough Council, consisting of the Borough Council President,
the Chair or Deputy of Public Safety, and the Chair or Deputy of Finance,
shall meet and consider the appeal.
(4)
The person to whom the permit is issued shall hold the Borough harmless
and be liable for all loss, damage or injury sustained by any person
whatsoever by reason of the negligence or intentional act of the person,
its agents, servants, employees or guests, to whom the permit was
issued. In addition, permittees shall be required to comply with the
following hold-harmless and insurance requirements, as appropriate:
(a)
All permittees shall be required to submit a duly executed hold-harmless
agreement in a form prescribed by the Borough Clerk and produce valid
photo identification, which the Borough Clerk shall photocopy and
attach to the permit application;
(b)
All permittees receiving weekly or seasonal use permits shall
be required to furnish the Borough Clerk with a certificate of insurance
confirming general liability insurance with coverage for bodily injury
and property damage of at least $1,000,000 combined single limit each
occurrence, naming the Borough of Rocky Hill and its employees, officers,
agents and servants as additional insureds, and further confirming
that the permittee's insurance is primary insurance for the Borough
and as to any other insurance that may be in force as to the Borough.
In addition, if the activities to be conducted by the permittee include
any sporting or athletic games, contests, exhibitions or tournaments,
the insurance shall contain the following provision: The insurance
afforded includes coverage for any bodily injury, sickness, disease
or death, sustained by any person or persons or injury or damages
to, or destruction of, any property directly or indirectly arising
out of, relating to, or in connection with the use of the park and
its facilities.
(c)
Companies, corporations, organizations and associations receiving daily use permits, as set forth in § 131-6, shall be required to furnish the Borough Clerk with a certificate of insurance in accordance with Subsection B(4)(b) immediately above. Certificates of insurance shall not be required of individual permittees.
(5)
The Borough Clerk shall have the authority to revoke any permit upon
a finding of violation of any Borough, state or federal rule, regulation
or ordinance or upon good cause shown.
(6)
Notwithstanding any other provisions of this section, the State Police
or the designated Police Force of the Borough of Rocky Hill shall
be authorized to revoke a permit issued hereunder when, during the
course of the activity for which the permit has been issued, the safety
of any persons or the safety of personal property, including that
of the Borough of Rocky Hill, is in clear and immediate danger as
a result of the activity authorized by the permit. Where such permit
has been revoked or where persons and personal property are endangered
as set forth above by a person or persons who do not possess such
permit, the State Police or the designated Police Force of the Borough
of Rocky Hill is authorized to require that such person or persons
leave the park area and take all steps necessary to eliminate the
condition which endangers persons or personal property. The provisions
of this chapter and the provisions of any rules and regulations adopted
by the Borough Council may be enforced in Van Horne Park by the Police
Department of the Township of Montgomery.
The Township of Montgomery is hereby authorized to issue permits
for recreational activities in Van Horne Park in accordance with the
Township's ordinances, including fee schedules, as specified in the
recreation agreement with the Borough of Rocky Hill. Such fees charged
and collected by the Township of Montgomery will be reimbursed to
the Borough of Rocky Hill in accordance with the recreational agreement
between the Township and the Borough. For parks or activities not
subject to the recreational agreement with the Township of Montgomery,
in order to defray maintenance, materials, labor and utility costs
incurred by the Borough resulting from permittees' use of recreational
facilities, permit fees, as follows, are herewith established:
A.
Permit types and applicant categories. The following permit types
and applicant categories are hereby established:
(1)
Daily use: A reservation obtained by permit granted under § 131-7 for use of a portion or portions of a Borough park for an amount of time during a one-day period.
(2)
Nonresident for-profit: Any organization, company, or corporation
that is organized for profit and whose principal place of business
is not located within the Borough. The term "nonresident for-profit"
shall also refer to an individual who does not reside within the Borough
and who organizes an activity at which an admission fee or participant's
entrance fee is charged.
(3)
Nonresident individual: An individual who does not reside within
the Borough and who organizes an activity at which no admission fee
or participant's entrance fee is charged.
(4)
Nonresident nonprofit: Any nonprofit corporation, organization or
association that is not organized for profit and the majority of whose
members do not reside within the Borough.
(5)
Resident for-profit: Any organization, company, or corporation that
is organized for profit and whose principal place of business is within
the Borough. Also, as used herein, "resident for-profit" shall refer
to an individual who resides within the Borough and who organizes
an activity at which an admission fee or participant's entrance fee
is charged.
(6)
Resident individual: An individual who resides within the Borough
and who organizes an activity at which no admission fee or participant's
entrance fee is charged.
(7)
Resident nonprofit: Any nonprofit corporation, organization or association
that is not organized for profit and the majority of whose members
reside within the Borough.
B.
Facility reservation fee. Permit fees will be charged in accordance
with the following schedule. No fees will be charged either to individuals
or to nonprofit entities that do not charge a fee for the permitted
event.
C.
Security Deposit. In addition to the above fees, a $500 security
deposit shall be required of any for-profit permittee. Further, such
security deposit shall also be required of any nonprofit permittee
conducting a use for which an admission fee or participant's entrance
fee is charged. Any damages exceeding the amount of the security deposit,
as determined by the Borough Engineer, will be billed to the party
or parties named in the permit application. The security deposit shall
be returned by the Borough to the permittee within 30 days after the
conclusion of the permitted event provided there was no damage to
Borough facilities as a result of the event. In the event of damage,
the Borough shall apply the security deposit to costs incurred or
to be incurred for repairs to the damaged facility.
D.
When fees paid. All fees and security deposits shall be paid prior
to issuance of the permit.
E.
Exemption from fees and security deposits. The Borough and other
governmental entities shall be exempt from the payment of all fees
and security deposits set forth in this section.
F.
Refunds. In general, no refunds will be granted. However, if an event
is canceled because the Borough has closed the park due to inclement
weather and the permittee is unable to reasonably reschedule the event
within ninety days, subject to the availability of the park facilities,
a refund may be issued at the discretion of the Borough Clerk.
A.
The tennis courts and practice facilities located in the Borough
of Rocky Hill are available for the personal use of the residents
of the Borough and to the residents of other municipalities through
explicit agreement.
B.
Personal use includes private tennis lessons given to residents of
the Borough of Rocky Hill or to those residing in a municipality with
which the Borough has made explicit agreement, as well as lessons
sponsored by the Borough Recreation Committee.
C.
Personal use shall mean the use of a single court or practice facility.
Play on the court is limited to no more than 60 minutes if others
entitled to use the court indicate their desire to do so. Priority
use of practice facilities is to be given to those seeking to practice
tennis.
D.
The tennis courts may not be used for roller skating, skate boarding,
or any other activity.
E.
No pets are permitted on the courts or practice facility.
F.
Any person, not a resident of the Borough or of a municipality with
which the Borough has made explicit agreement, wishing to use the
tennis courts owned by the Borough of Rocky Hill for personal use
must obtain a permit to do so from the Borough Clerk of the Borough
of Rocky Hill.
G.
No individual or commercial enterprise may use the tennis courts
for profit or to give lessons to individuals who are not residents
of the Borough or of a municipality with which the Borough has made
explicit agreement.
H.
Proof of permit. Any resident of the Borough of Rocky Hill or of
a municipality with which the Borough has made explicit agreement
may show either the permit issued by the Rocky Hill Borough Clerk
or a valid New Jersey driver's license or other ID reflecting residency.
Nonresidents must show the permit issued by the Rocky Hill Borough
Clerk.
A.
Residents of the Borough of Rocky Hill or of a municipality with
which the Borough has made explicit agreement do not have to pay a
fee for the use of tennis courts.
B.
The fee for a personal use permit to use the Borough tennis courts
shall be $75 per year for each family or individual wishing to use
the tennis courts but who does not reside in the Borough of Rocky
Hill or in a municipality with which the Borough has made explicit
agreement.
Any permit to use the tennis courts shall be valid until December
31 of the year in which it is obtained.
Should any provision of this chapter be determined invalid by
a court or administrative tribunal of competent jurisdiction, such
determination shall not affect the remaining provisions.
This chapter shall take effect in accordance with law.
