[Added by Ord. No. 2006-04]
A. Smoking, defined as the burning of a lighted cigar, cigarette, or
pipe, or any other matter or device that contains tobacco, including
the carrying of lighted tobacco, shall be prohibited at all times
within the public parks and recreational facilities of the Township
of Fredon, including (but not limited to):
(1) All fields, parking lots, restrooms, bleacher areas, dugouts, playground
areas, concession stands, and shelters; and
(2) All enclosed public park buildings owned, leased, or operated by
the Township of Fredon.
B. "No Smoking" signs shall be clearly, sufficiently, and conspicuously
posted at the entrance to the park and at the concession stand. Smoking
is only permitted in the areas posted as designated smoking areas
with appropriate signage.
C. Any person who violates this section is guilty of a petty disorderly
persons offense, pursuant to N.J.S.A. 2C:33-13, and subject to a fine
of up to $200.
Permits for special events in parks shall be obtained by application
to the Park and Recreation Committee in accordance with the following
procedures:
A. Application. A person seeking issuance of a permit hereunder shall
file an application with the Park and Recreation Committee stating:
(1) The name and address of the applicant.
(2) The name and address of the person or persons, corporation or association
sponsoring the activity, if any.
(3) The day and hours for which the permit is desired.
(4) The park, or portion thereof, for which such permit is desired.
(5) Any other information which the Park and Recreation Committee shall
find reasonably necessary for a fair determination as to whether a
permit should be issued hereunder.
B. Standards for issuance. Standards for issuance of a use permit by
the Park and Recreation Committee 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.
(4) That the proposed activity will not entail extraordinary or burdensome
expense of police operation by the Township.
(5) That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
C. Notice of denial; appeal.
(1) Within five days after the receipt of an application, if the permit
is refused, the Park and Recreation Committee shall apprise an applicant,
in writing, of its reasons for refusing a permit, and any aggrieved
person shall have the right to appeal to the Township committee by
serving written notice thereof on the Township Clerk within five days
of such refusal.
(2) A copy of such notice shall also be served on the Park and Recreation Committee within the same time and the committee shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsection
B hereof and sustain or overrule the Park and Recreation Committee's decision within 10 days from the receipt of the appeal by the Township Clerk. The decision of the Township Committee shall be final.
D. Rules. A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in the permits.
E. Insurance. The person or persons to whom the permit is issued shall
be liable for all loss, damage or injury sustained by any person whatever
by reason of the negligence of the person or persons to whom such
permit shall have been issued. The Park and Recreation Committee shall
have the right to require any permittee to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities in such amounts as may be from time
to time determined by the committee prior to the commencement of any
activity or issuance of any permit.
F. Revocation. The Park and Recreation Committee shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance,
or upon good cause shown.
The Township reserves the right, with respect to any or all
of the public park and recreation areas and any facilities located
therein, to enter into any agreement with the Board of Education of
the Township concerning the control and use thereof and, anything
contained in this chapter to the contrary notwithstanding, any use
of such premises or such facilities by the Board of Education pursuant
to any agreement with the Township Committee or Park and Recreation
Committee heretofore or hereafter entered into shall be free and exclusive
from any control or supervision of or by the Park and Recreation Committee.
[Amended by Ord. No. 99-06]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto, shall be liable for penalties in accord with the schedule shown in §
1-3.
This chapter is in addition to and not in derogation of any
other ordinance involving or affecting any of the subject matters
contained in this chapter.