[Adopted 9-8-1970 by Ord. No. 552; amended in its entirety 3-11-1975 by Ord. No. 662]
As used in this article, the following terms shall have the meanings indicated:
ANIMALS
Includes cats, dogs, horses, any fowl or birds, any living creatures within the jurisdiction of the park.[1]
MIDDLESEX BOROUGH PARKS or PARKS SYSTEM
All the real property situated in Middlesex Borough or adjacent to the Borough acquired by or under the jurisdiction and care of the Middlesex Borough or which may be hereafter acquired by it or come under its jurisdiction.
[Amended 11-26-2019 by Ord. No. 1982]
MUNICIPALITY or BOROUGH
That area of Middlesex County, New Jersey, where, respectively, lay the lands designated as municipal or Borough parks, or any agent thereof so designated by ordinance or resolution.
[Amended 11-26-2019 by Ord. No. 1982]
PARK POLICE OR OFFICER
Any person employed by Middlesex Borough as a Middlesex Borough Parks Policeman or special officer or a municipal, borough or state police officer.
[Amended 11-26-2019 by Ord. No. 1982]
PATH
Any footpath, walk or any path maintained for pedestrians.
PEDESTRIAN
A person afoot.
PERMIT
Any written license issued by or under the authority of the Borough of Middlesex, permitting a special event or activity on park facilities.
[Amended 11-26-2019 by Ord. No. 1982]
PERSON
Any natural person, corporation, company, association, joint-stock association, firm or copartnership.
PRIVATE ROAD OR DRIVE
Every road or land or driveway not open to the use of the public in general.
RIGHT-OF-WAY
The privilege of the immediate use of the roadway, drive or path.
SAFETY ZONE
Any space (within a drive) established for pedestrians.
SOLICITING
Selling goods or services by sample or by taking orders for future delivery with or without accepting advance payment for the goods; seeking any form of contributions.
STOPPING or STANDING
When prohibited, is any cessation of movement of a vehicle, occupied or not, except when necessary to avoid conflict with other traffic, including horses.
TRAFFIC
Pedestrians, ridden or herded animals or vehicles, either singly or together, while in the confines of the park's jurisdiction.
VEHICLE
Any conveyance (except baby carriages), including motor vehicles, trailers, campers, tricycles, bicycles, sleds, sleighs, pushcarts, boats or vehicles propelled by other than muscular power; also any horse.
VENDING
To sell, to dispose of by sale or to trade.
[1]
Editor's Note: The former definitions of "Commission" and "Director," which immediately followed, were repealed 11-26-2019 by Ord. No. 1982.
In the interpretation of this article and all succeeding park ordinances, the provisions shall be construed as follows:
A. 
Any term in the singular shall include the plural.
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 and 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 line of duty or work, as such, or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Commission.
E. 
Any act 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.
All Middlesex Borough park ordinances shall be effective within all the parks and lands under the administration of the Commission and shall regulate the use thereof by all persons.
A. 
Animals.
(1) 
No person shall cause or permit any animal owned by him, in his custody or under his control, to go or become at large.
(2) 
Dogs shall be restrained by a leash not exceeding six feet in length.
(3) 
No person shall hunt, molest, kill, wound, trap, take, chase, shoot, throw missiles at, remove or have in his possession any animal, reptile, bird or egg not owned by him, in his custody or under his control; nor shall he knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or egg.
(4) 
No person over the age of 13 shall fish in any of the brooks, lakes and ponds bordering the parks unless he has a state license. No person shall kill, wound, discharge or throw missiles at any fish in such waters or place therein any piscivorous fish, poison or any other substances injurious to fish.
B. 
Disorderly conduct (N.J.S.A. 2A:170-1 to 170-96).
(1) 
The possession or consumption of any alcoholic beverage by any person under the age of 21 in any public place or place of public assembly is prohibited. In addition, the consumption of any intoxicating beverage at recreational areas of Seneca, Simchock, Runyon fields, the tennis courts and any future developed athletic area in the Borough of Middlesex is prohibited, except by permit. Also, the possession or drinking of any intoxicating beverage by any person at any interscholastic athletic contest is prohibited.
[Amended 8-13-2002 by Ord. No. 1566]
(2) 
No person shall throw stones or other missiles so as to annoy other persons. Games involving the throwing of missiles to be performed only in designated areas.
(3) 
No person shall climb or stand upon any wall, fence, shelter, seat, statue or other erection.
(4) 
No person shall litter in the park, or deposit on the ice or in the ponds any matter that would tend to damage the ice for skating or pollute the ponds.
(5) 
No person shall fail to obey, nor shall any person interfere with, an officer in the proper performance of his duties.
(6) 
No person shall remove or open permanent or temporary barriers, signs, directionals, gates or fences.
(7) 
No persons shall drive, operate and/or park any vehicle upon any grass area unless specifically permitted to do so.
[Amended 8-13-2002 by Ord. No. 1566]
(8) 
Golfing and the driving of golf balls is prohibited in all parks except Mountain View Park.
[Added 10-28-2003 by Ord. No. 1589-03]
C. 
Explosives. No person shall bring into or have in his possession at said parks any explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or conjunction 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 to administer a destructive blow to surrounding objects. Fireworks are excepted from this regulation, provided that written approval of the Commission, local Police Department and State Department of Labor and Industry is secured for the specific occasion.
[Amended 11-26-2019 by Ord. No. 1982]
D. 
Firearms, weapons and tools; concealed weapons, according to N.J.S.A. 2A:151-41 to 2A:151-43. No person shall bring into or have in his possession:
(1) 
Any pistol, revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized track and field events are excepted from this restriction.
(2) 
Any tools, instruments, skeleton keys, picklocks, jimmy or other things known as burglar tools, except when authorized by law.
(3) 
Any rifle, shotgun, air gun, spring gun, slingshot, bow, paint gun or other instrument or weapon in which the propelling force is a spring or air.
[Amended 8-13-2002 by Ord. No. 1566]
E. 
Fires.
(1) 
No person shall kindle, build, maintain or use a fire, except in places designated for such a purpose.
(2) 
All fires shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
(3) 
Gas stoves are permitted if a proper permit is obtained from the Bureau of Fire Prevention.
[Amended 8-13-2002 by Ord. No. 1566]
(4) 
Fuel. Only charcoal, charcoal lighters or fuel provided by the park will be permitted.
(5) 
No cigar, cigarette or lighted match shall be discarded carelessly or in a manner which may start a fire.
F. 
Closing hours.
(1) 
All parks shall close at 9:00 p.m. from September 1 through May 31 and at 10:00 p.m. from June 1 through August 31, except where and when specific closing hours are permitted.
(2) 
Because of the fact that Mountainview Park has provisions for night baseball and night football, Mountainview Park shall remain open until 11:00 p.m. on those days when baseball games and/or football games are in progress.
[Added 7-8-1997 by Ord. No. 1401]
G. 
Opening hours. All parks shall open at sunrise, as defined by the U.S. Weather Bureau for the Somerville area, unless otherwise specified or designated by signs.
H. 
Vending. No person shall sell or offer for sale any object or merchandise or any other thing within the parks, except by permit of the Commission.
I. 
Minors. No parent or guardian or custodian of any minor shall permit or allow him to do any act prohibited by this article.
J. 
Speed limit: Mountainview Park.
[Added 12-12-1972 by Ord. No. 605; amended 4-24-1973 by Ord. No. 616]
(1) 
The speed limit for both directions of traffic along the roadway within Mountainview Park in the Borough of Middlesex shall be established at 15 miles per hour.
(2) 
Regulating and warning signs shall be erected and maintained to effect the above designated speed limit as authorized by the Department of Transportation.
A. 
The following activities are permitted only at times and in areas so designated for that purpose by the Commission and are otherwise prohibited within the parks:
(1) 
Swimming, bathing, wading, fishing.
(2) 
Ice skating, sledding, skiing.
(3) 
Model-airplane flying.
(4) 
Boating on ponds, without motors.
(5) 
Basketball, baseball.[1]
[1]
Editor's Note: The former subsections regarding police pistol range and archery, which subsections immediately followed this subsection, were repealed 8-13-2002 by Ord. No. 1566.
(6) 
Horseshoe pitching.
(7) 
Tennis.
(8) 
Picnicking.
(9) 
Camping.
(10) 
Football and track.
B. 
All persons using the facilities of the parks must obey the posted rules and regulations established for the proper, effective and safe utilization of the said facility.
C. 
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 of any of the following without written permission of the Commission:
(1) 
Display any flag, banner, transparency, target, sign, placard or any other matter for advertising.
(2) 
Operate any musical instrument, sound track or drum for advertising purposes, for the purpose of attracting attention to any exhibition, show, performance or other display.
D. 
Public speeches and rallies will be allowed in accordance with Chapter 292, Parades and Other Assemblies, and after obtaining a parks permit.
E. 
Soliciting. No person shall solicit for any purpose except when allowed by permit and also must have a borough license.
F. 
No horse shall be driven or ridden in the parks except when allowed by permit.
[Amended 6-14-2011 by Ord. No. 1799]
It shall be unlawful for any person to:
A. 
Throw or place any foreign or waste substance in any lake, river, lagoon, stream, storm sewer or drain, or any substance, matter or thing which may or shall result in the pollution of said waters.
B. 
Wash motor vehicles at any of the parks.
C. 
Injure trees, shrubs and grass; or destroy, cut, break, deface, mutilate, disturb, sever or remove from the ground any plant, flower, growing thing, stem, branch or leaf thereof; or pile debris of any kind against the same; or attach any rope or cable or other contrivance thereto; or set fire or assist in setting fire to any of the same.
D. 
No person shall injure, deface, displace, remove, fill in, raise, destroy or tamper with any drive, path, walk, bridge or approach thereto; 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 harvest, cut, injure or remove any ice; or injure, deface, displace, remove or destroy any structure, building, post, railing, bench, seat, platform stand, tree guard, telephone, 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 property or equipment, real or personal, owned by or under the jurisdiction or control of said Borough, 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 mile board, milestone, danger sign or signal, guide sign or post, or any signaling device stanchioned, installed or placed by said Borough, of any city, town or village, within the parks, 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 apparatus, or extinguish the light therein, except upon proper authority or with a permit; or attach, string, adjust or carry any wire or other object in or over any part of said parks.
[Amended 11-26-2019 by Ord. No. 1982]
E. 
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 charge to take into, carry through, leave in or throw, cast, lay, drop or discharge into or on, said parks any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided.
F. 
Encroach upon or occupy the Middlesex Borough parks in such a way as to give the public the impression of ownership of the land.
A. 
A permit shall be necessary for any organization or group of people of 100 or more desiring to use the park facilities.
B. 
There will be a fee of $1 charged for this permit, which will cover the cost of printing and issuing said permit.
C. 
Such permit authorizing a person or organization to use any of the parks may be granted upon application to the Commission, by written approval.
D. 
All conditions of the permit approval must be adhered to, and any violation of the terms, conditions, rules and regulations and any falsifications shall constitute grounds for revocation of the permit by the Commission or its authorized representative.
E. 
If the group obtaining a permit intends to vend or sell alcoholic beverages, permission must be granted by the State Alcoholic Beverage Commission, the local Police Department and the Commission.
F. 
In the event a person, group or organization is denied a permit by the Borough, said person, group or organization may appeal the denial of said permit to the Mayor and Council by filing a written notice of appeal to the Mayor and Council within 48 hours after being officially notified of the denial of the permit by the Borough. The Mayor and Council shall thereafter, as soon as possible, schedule a hearing to ascertain all of the facts involving the application for the permit and the Mayor and Council may overrule the decision of the Borough and authorize the issuance of a permit.
[Amended 11-26-2019 by Ord. No. 1982]
[Amended 11-26-2019 by Ord. No. 1982]
For the use of established designated areas for organized sports, namely football, track and baseball, which areas come under the jurisdiction of the Borough, and prior to the commencement of these activities a written request must be made to the Borough, and a user contract must be filled out in its entirety by both user and the Borough, and all clauses must be adhered to.
[Amended 6-14-2011 by Ord. No. 1799]
A. 
Any person violating any provision of this article shall be subject to a fine not to exceed $1,250 or imprisonment for not more than 90 days, or both.
B. 
In addition to the penalties provided in Subsection A above, the Borough, as authorized by N.J.S.A. 40:48-1, and in accordance with N.J.S.A. 40:48-2.12f, shall charge a fee to any individual who refused to remedy the encroachment or occupation described in § 301-6F above, after having been duly noticed of said violation, for i) all costs associated with the physical removal of any objects constituting the encroachment or occupation and ii) the storage and/or destruction of said objects. Upon certification to the governing body by the appropriate department head as to the actual costs incurred by the Borough, the fee shall become a lien upon the lands owned by the individual violating this article and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands. Such a lien shall bear interest at the same rate as the taxes and shall be collected and enforced by the Tax Collector.