[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:
A.
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.
B.
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Tie or hitch an animal to any tree or plant.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Ride a bicycle without reasonable regard to the safety of others.
N.
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.
O.
Swim, bathe, or wade in any waters or waterways in any park.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
Violate the regulation that use of individual fireplaces together
with tables and benches follows the generally accepted rule of "first
come, first served."
U.
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.
V.
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.
W.
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.
X.
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.
Y.
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:
A.
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.
B.
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.
C.
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.
D.
Solicit alms or contributions for any purpose, whether public or
private.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
K.
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.
L.
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.
A.
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.
B.
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.
C.
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.
A.
The Park and Recreation Director and park attendants shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
B.
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).
C.
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.
A.
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.
B.
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.