Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Wallington Recreation Commission 5-8-1974 (Ch. A367 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Recreation Commissioners — See Ch. 10, Art. III.
Animals — See Ch. 164.
Fireworks — See Ch. 215.
Graffiti — See Ch. 231.
Handbills — See Ch. 234.
Littering — See Ch. 250.
Parks and recreation areas smoking policy — See Ch. 264, Art. I.
Peace and good order — See Ch. 268.
Peddling and soliciting — See Ch. 272.
Public property use and defacement — See Ch. 279.

§ A407-1 Definitions. [1]

Whenever used in any Wallington Recreation Commission rule or regulation, the following respective terms, unless otherwise therein expressly defined, shall mean and include each of the meanings herein respectively set forth:
BOROUGH
The Borough of Wallington.
COMMISSION
The Wallington Recreation Commission.
CROSSING
Any crossing, whether marked by a pavement or otherwise; the extension of any sidewalk space across any intersecting drive, street, highway or bridle path.
CURB
Any boundary of any street, road, avenue, boulevard or drive, whether or not marked by a curbstone.
DRIVE
Any street, road, avenue, drive or boulevard maintained by the Commission for vehicular use.
DRIVER OR OPERATOR
Any person who propels, operates or is in charge of a vehicle.
FOOTPATH OR WALK
Any path maintained for pedestrians.
PARKING PLACE
Any part of any drive or space designated as a place for the standing of vehicles.
PERMIT
Any written license issued by or under the authority of the Commission permitting the performance of a specified act or acts.
PERSON
Any natural person, corporation, company, association, joint-stock association, firm or copartnership.
RULES AND REGULATIONS
Any rule or regulation duly adopted, posted and published by the Wallington Recreation Commission.
VEHICLE
Any conveyance (except a baby carriage), including a motor vehicle; also bicycles, tricycles, sleds, sleighs, pushcarts or vehicles propelled by other than muscular power; also any horse.
WALLINGTON PARKS or PARKS, PARKWAYS, PARK AREAS OR RESERVATIONS
All the real property situated in the Borough of Wallington acquired by or under the jurisdiction and care of the Wallington Recreation Commission, or which may be hereafter acquired by it or come under its jurisdiction.
[1]
Editor's Note: The following introductory material preceded this section: "RESOLVED by the Wallington Recreation Commission that the following Rules and Regulations are hereby adopted for the protection, regulation and control of parks, roads, driveways, sidewalks, paths, pools, fountains, trees, flowers, shrubs, statuary, buildings and other things contained in and upon property controlled by the Wallington Recreation Commission in the Borough of Wallington, County of Bergen and State of New Jersey."

§ A407-2 Construction.

In the interpretation of Wallington Park Rules and Regulations, their provisions shall be construed as follows:
A. 
Any term in the singular shall include the plural, and the plural shall include the singular;
B. 
Any term in the masculine shall include the feminine and neuter;
C. 
Any requirement or prohibition of any act shall, respectively, extend to and include the causing or procuring, directly or indirectly, of such act;
D. 
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Commission in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the Commission; and
E. 
Any act otherwise prohibited by Wallington Recreation Commission Rules and Regulations, provided that it is not otherwise prohibited by law or local ordinance, shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do, and to the extent authorized thereby.

§ A407-3 Territorial scope.

All Wallington Recreation Commission Rules and Regulations shall be effective within all the parks, tennis courts, etc., and parkways of the Wallington Park System and regulate the use thereof by all persons.

§ A407-4 Permits.

A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with terms and conditions thereof. Any violation by its holder or his agents or employees of any term or condition hereof shall constitute grounds for its revocation by the Commission, or by its authorized representative, whose action therein shall be final. In case of the revocation of any Park Commission permit, all moneys paid for or on account thereof shall, in the option of the Commission, be forfeited to and be retained by it; and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the Commission for all damages and loss suffered by it in excess of the money so forfeited and retained; but neither such forfeiture and retention by the Commission of the whole or any part of such moneys, nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any Wallington Recreation Commission rule or regulations. These rules and regulations shall be a part of each permit issued.

§ A407-5 Advertising.

No person shall post, paint, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement; display any flag, banner, transparency, target, sign, placard, blimp, balloon, airplane, searchlight or any other matter for advertising purposes; or operate any musical instrument or drum for advertising purposes, or for the purpose of attracting attention to any exhibition, show, performance or other display without the permission of the Commission.

§ A407-6 Solicitation of alms or contributions prohibited.

No person, group or organization shall solicit alms or contributions for any purpose without the permission of the Commission.

§ A407-7 Leash required for animals.

No person without a permit or consent of the Commission shall cause or permit any animal owned by him, in his custody or under his control, except a dog when restrained by a leash not exceeding six feet in length, to go or be in any park or park area, and each such animal so found at large may be seized and disposed of as provided by the law or ordinance covering disposal of stray animals on highways or public property then in effect at the place where such stray animal may be seen.

§ A407-8 Disorderly conduct.

No person shall utter loud and offensive or profane or indecent language; do any obscene or indecent act; throw stones or other missiles; annoy, obstruct, molest or interfere with any person; interfere with, encumber, obstruct or render dangerous any drive, path, walk or public place; loiter or create a disturbance while under the influence of intoxicating liquor; do any act tending or amounting to a breach of the peace; climb or stand upon any wall, fence, shelter, statue or other erection; enter or leave except at established entranceways or exits; introduce, carry or fire any firecrackers, torpedoes or fireworks; engage in, instigate, aid or encourage a contention or fight, whether or not a ring or prizefight; assault any person; play games of chance, participate in the conduct of a lottery or use or operate any gaming machine, gaming table or instrument or tell fortunes or futures; drink, take, use or have in his or her possession or be under the influence of any opiates or other habit-forming drugs; spit upon any walk crossing, safety zone or the floors of any structure, bridge, platform or stairway; cast, throw or deposit on any walk, crossing, path, safety zone, floor or parkway surface any portion of any fruit, vegetable, foodstuff, paper, pasteboard litter or other substance; or enter upon any portion of the parks in disregard of signs or posted notices forbidding the same; or fail to obey or interfere with an officer in the proper performance of his duties.

§ A407-9 Explosives.

No person shall bring into or have in said parks any explosive, including any substance, compound, mixture or article having properties of such a character that, alone or in combination or continuity with other substances or compounds, may decompose suddenly and generate sufficient heat, gas or pressure, or any or all of them, to produce rapid flaming or combustion or administer a destructive blow to surrounding objects without the approval of the Commission.

§ A407-10 Poisons.

No person shall bring into or have in said parks any poison or poisonous substance without the permission of the Commission.

§ A407-11 Firearms, weapons and tools.

No person shall have or carry, whether or not concealed upon his person, any pistol, revolver or other deadly weapon or any instrument or weapon commonly known as a "toy pistol" or in which or upon which loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any tools or instruments, skeleton keys, pick-locks, jimmies or other things known or used as burglar tools, except when authorized by law. No person shall bring into the parks or have in his possession therein any rifle, pistol using loaded or blank cartridges, shotgun or fowling piece or any air gun, spring gun, slingshot, bow and arrows or other instrument or weapon in which the propelling force is a spring or air.

§ A407-12 Fires; discarding of lighted material.

No person shall kindle, build, maintain or use a fire in said parks. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, structure, car, vehicle or enclosure or under any tree or in underbrush, unless it be to deposit the same in a suitable container provided for the reception thereof.

§ A407-13 Loitering at night.

No person or vehicle shall, between April 1 and August 31 after 10:00 p.m. and between September 1 and March 31 after 9:00 p.m., loiter or remain in said parks, except in an emergency and after notifying a police officer; and except when, where and for whom permission has been granted by the Commission for a group gathering, activity or function.

§ A407-14 Sale of merchandise.

No person shall sell or offer for sale any object or merchandise or any other thing, whether corporeal or incorporeal, except pursuant to a permit issued by the Commission.

§ A407-15 Minors.

No parent, guardian or custodian of any minor shall permit or allow him to do any act prohibited by any Wallington Recreation Commission rule or regulation.

§ A407-16 Incorporation of other legislation.

All other uses as prohibited by the Code of the Borough of Wallington are hereby incorporated and made a part of these rules and regulations.

§ A407-17 Additional regulated acts.

No person, without a permit, shall erect any structure, stand, tent or platform, hold any meeting, perform any ceremony, make a speech, address or harangue, exhibit to the public any dramatic performance or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion pictures, circus, juggling, rope walking or any other acrobatics, engage in any parade, drill, maneuvers or civic or other procession; or shall bring into, sell, give away, display or drink, consume or cause or procure to be sold, given away, displayed or drunk any alcoholic or spirituous liquors or beverages, except only such alcoholic or spirituous liquors as may be specifically permitted by the Commission, and only at such times and places as specifically designated and approved by the Commission.

§ A407-18 Scheduled games.

All regularly scheduled games to be played or conducted on park facilities shall require a permit issued by the Commission noting the day, hour and duration of the game. No other person or group of persons shall use such facilities during the time covered by any such permit, except by the specific authority of the Commission.

§ A407-19 Applicability of Motor Vehicle Act.

All the provisions of the New Jersey State Motor Vehicle Act and Traffic Laws shall apply in the parks and shall be strictly enforced, with such further restrictions as may be hereinafter stated.

§ A407-20 Standing of vehicles.

No owner or driver shall cause or permit his vehicle to stand anywhere outside of designated parking spaces, except for a reasonable time in a drive to take up or set down passengers.

§ A407-21 Injury to property, drives, bridges and equipment.

No person without a permit shall injure, deface, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up or remove or carry away any asphalt, concrete, flagstone, rock, stone, gravel, sand, clay or earth; or make any excavation of any kind, name or nature; or injure, deface, displace, remove or destroy any structure, building, post, railing, bench, seat, platform, stand, tree guard, telephone, telegraph, pipe or main for conducting gas, water or wires, or any hydrant, sewer, drain, pipe, main, receiving basin, covering, manhole or vent forming a part thereof, or any appurtenance or appendage connected therewith; or any other property or equipment, real or personal, owned by or under the jurisdiction or control of said Commission or appertaining to the creation, government, use or maintenance of said parks; or injure or in any way interfere with the operation of any machine, instrument or contrivance used in said parks; or injure, deface, displace, remove or destroy any sign, inscription, post or monument erected or marked for any purpose; or any danger sign or signal, guide sign or post or any signaling device sanctioned, installed or placed by said Commission or by the Borough for the purpose of directing, restricting or regulating traffic, establishing zones or giving information or direction to the public; or interfere with any lamp, lamppost, gas or electric light apparatus, or extinguish the light therein, except upon proper authority; or attach, string, adjust or carry any wire or other object in, on or over any part of said parks.

§ A407-22 Damage to vegetation.

No person without a permit shall destroy, cut, break, deface, mutilate, injure, disturb, sever from the ground or remove any plant, flower, flower bed, shrub, tree, growing thing, plant growth or any branch, stem or leaf thereof; or pile or maintain any material or debris of any kind against or upon the same; or attach any rope, cable or other contrivance thereto; or set fire, or assist another to set fire, to any timber, trees, shrubs, plants, flowers, grass or plant growth, except at such time when permission to do so shall have been given by the said Commission to the public.

§ A407-23 Rubbish and refuse matter.

No person shall take into, carry through, leave in or throw, cast, lay, drop or discharge into or on or suffer or permit any servant, agent, employee or person in his or her charge to take into, carry through, leave in or throw, cast, lay, drop or discharge into or on said parks any ashes, dross, cinders, bottle, shells, paper, cans, dirt, sand, oil, grease, clay, loam, stone or building rubbish, brush, stumps, hay, straw, oats, sawdust, shavings, or manufacturing, trade or household waste, old iron or other metal or objects made therefrom, or rubbish of any sort; or sick, diseased or dead animals, organic refuse or other offensive matter, including swill, brine, urine, offal, fecal matter, garbage or rubbish.

§ A407-24 Repealer.

All rules and regulations or parts thereof and all amendments thereto heretofore adopted are hereby repealed. The foregoing repeal of any rule or regulation shall not affect or impair any act done, offense committed, right accruing or acquired, or liability, penalty or forfeiture or punishment incurred prior to the time these rules and regulations take effect; but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if these rules and regulations had not been adopted.

§ A407-25 Violations and penalties.

Any person violating any of the provisions herein shall, upon conviction thereof before a Municipal Judge, according to the provisions of N.J.S.A. 40:12-6, be adjudged a disorderly person.