[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 1-11-1999 by Ord. No. 13-98. Amendments noted where applicable.]
It shall be unlawful for any person in a public park or recreation area to:
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, water lines or other public utilities or parts 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.
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grassed areas, or in any other way injure the natural beauty or usefulness of any area.
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
Tie or hitch an animal to any tree or plant.
Hunt, molest, kill, wound, trap, abuse, shoot, pursue, or throw missiles at, remove, or have in his possession any animals, reptile, or bird found within a Borough park; or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or eggs so taken, except as may be specifically provided for and being in accordance with state and federal fish and game laws.
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 any park or any tributary stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
Drive or park any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas by the Park and Recreation Director.
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
Ride a bicycle without reasonable regard to the safety of others.
Leave a bicycle 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.
Swim, bathe, or wade in any waters or waterways in any park.
Bring into or operate any boat, raft, or other watercraft, whether motor powered or not, upon any waters, except at places designated for boating by the Borough Committee. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant or any other boat.
Shoot into park areas from beyond boundaries. No person shall carry or possess firearms of any description, or air-rifles, spring-guns, bow and arrows, slings or any other forms 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, except as may be specifically provided for by the Park and Recreation Director, and being in accordance with state and federal fish and game laws and local ordinances.
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use of the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."
Use any portion of the picnic area or any of the buildings or structures therein 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.
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
Set up tents, shacks, or any 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 house-trailer, camp-trailer, camp-wagon, or the like except in those areas designated by the Recreation Director for those purposes.
Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits, or model airplanes except in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designated for such pastime.
Ride a horse.
While in public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall:
Bring alcoholic beverages or drink same at any time; nor shall any person be under the influence of intoxicating liquor in a park, nor possess or be under the influence of any controlled, dangerous substances or drugs.
Have in his possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets, or other fireworks, or explosives or inflammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. At the discretion of the Recreation Director, permits may be given for conducting properly supervised fireworks in designated park areas.
Be responsible for the entry of a dog or other domestic animal into areas clearly marked by signs bearing the words "Domestic Animals Prohibited in the Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length. Dog owners shall be responsible for the cleanup of any dog feces voided by their pet.
Solicit alms or contributions for any purpose, whether public or private.
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Recreation Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
Enter an area posted as "Closed to the Public," nor shall any person use, or abet in the use of any area in violation of posted notices.
Gamble, or participate in or abet any game of chance except in such areas and under such regulations as may be designated by the Borough Committee.
Go on the ice on any of the waters except such areas as are designated as skating fields, and provided a safety signal is displayed.
Upon request, fail to produce and exhibit any permit from the Park and Recreation Director he claims to have to any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
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 regularly licensed concessionaire acting by and under the authority and regulation of the Borough Committee or their designee.
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 park lands or highways or roads in any park.
Except for unusual and unforeseen emergencies, parks 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 Borough Committee.
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.
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.
The Park and Recreation Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
The Park and Recreation Director and any authorized personnel, including the Brooklawn Borough Police Department, shall have the authority to eject from the park area any person or persons acting in violation of this chapter.
The Park and Recreation Director and any authorized personnel shall have the authority to seize and confiscate any property, thing, or device in the park used in violation of this chapter.
This chapter shall also be enforced by the Brooklawn Borough Police Department.
Any person violating any of the provisions of this chapter 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 not exceeding $1,000 and, in default of payment thereof, may be sentenced to imprisonment in the county jail at the discretion of the magistrate, for a term not exceeding seven days.
The Borough Committee may from time to time, with the advice of the Recreation Commission, prescribe such additional and reasonable rules and regulations for the use of the Borough parks, playgrounds and recreation areas as it deems proper. Such additional rules and regulations shall be adopted by resolution and shall be posted at prominent places in the subject areas.
All parks in the Borough of Brooklawn will be open during the hours of 8:15 a.m. to 9:00 p.m. Any person who is found on Borough Park Property before 8:15 a.m. or after 9:00 p.m. shall be deemed in violation of this chapter.
It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit, or by inefficient control to allow, the juvenile to be or remain upon any Borough street in violation of this chapter. The term "knowingly" includes knowledge which a parent has or should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody.
Whenever any juvenile is given notice of a violation of this chapter, his parent shall also be notified of such violation by the Chief of Police or any other person designated by him to give notice. This notice shall be in writing, stating the name of the juvenile, the date, time and place of the violation, and shall be signed and dated by the person giving such notice to the parent. The original of such notice shall be served upon the parent either in person or by regular mail addressed to the parent by such name and at such address as was provided by the minor charged with the curfew violation. Personal service of the notice shall be made upon the parent within 72 hours of the violation, or if service is by mail, the notice shall be deposited in the United States Postal Service within 72 hours of the violation. A copy of each notice given to a parent shall be retained by the Borough of Brooklawn Police Department for a period of one year.
If at any time following the service of notice as provided in § 112-8B of this chapter, the juvenile to whom the notice applies again violates this chapter, it shall be rebuttably presumed that the parent having legal custody of the juvenile knowingly permitted or, by inefficient control, allowed the juvenile to be or remain upon the Borough streets in violation of this chapter, and the parent shall thereupon be charged with a violation of this chapter.
It shall be an affirmative defense to be proved by the parent by a preponderance of evidence that the juvenile was not in violation of this chapter on the dates specified.
A parent shall be given one written warning notice of a curfew violation for each juvenile under his or her control. The second curfew violation for each juvenile shall be treated as a first offense by the parent. In the event that a parent has more than one juvenile under his or her control, the second curfew violation for each juvenile shall be treated as a first offense by the parent and each subsequent offense by each juvenile shall be treated as a subsequent offense by the parent. The parent shall be charged with increased subsequent offenses on the basis of curfew violations per juvenile, not on the basis of the total number of curfew violations of all the juveniles under his or her control.
For the first parental offense, a parent shall be fined $25 plus court costs. The fine shall be increased by an additional $25 for each subsequent offense by the parent (based on curfew violations per juvenile, not the total number of curfew violations of all the juveniles under his or her control). Upon a plea or finding of guilty on any offense, the judge of the municipal court may sentence the parent to perform such community service as the court deems appropriate under the circumstances of the case. In no event, however, shall the amount of community service imposed upon the parent be more than eight hours for the first offense, nor shall community service be increased by more than eight additional hours for each subsequent offense by the parent (each subsequent offense counted on the basis of curfew violations per juvenile, not on the total number of curfew violations of all juveniles under the control of the parent).
Any juvenile who shall violate any of the provisions of this chapter more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision and, the Chief of Police shall proceed to file such charges with the Superior Court of New Jersey, Camden County, Family Part. In the event that the judge of the Municipal Court finds that a juvenile was not in violation of this chapter after a hearing on a complaint against a parent for violation of the parental responsibility sections of this chapter, such incident shall not constitute, nor be counted as, a curfew violation by the juvenile. If the judge of the Municipal Court finds the parent not guilty of the parental responsibility section of this chapter, but does not determine that the juvenile was not in violation of this chapter, the incident shall constitute, and be counted as, a curfew violation by the juvenile.
It shall also be unlawful for any individual, juvenile or adult, to violate any regulations under this chapter when they are on Brooklawn Board of Education property. This section of the ordinance is designed to enable Brooklawn Police Officers to patrol and enter upon school property or grounds of the Brooklawn Board of Education. This section is included for the purposes of preventing the unauthorized presence of persons during the time periods designated in this chapter.
Any person who is present on the property or grounds owned by the Brooklawn Board of Education between the hours set forth in this chapter shall be considered a trespasser and shall be in violation of this chapter.