[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 4-28-2003 by Ord. No. 1129 (Ch. 160 of the 1981 Code). Amendments noted where applicable.]
[Amended 3-26-2008 by Ord. No. 1227]
The Lindenwold Board of Parks and Recreation Commissioners shall determine the use of all Borough parks and playgrounds by groups and organizations through the issuance of permits. The permit shall designate the group or organization authorized to use the field or fields, the field or fields it is permitted to use and the dates and times on which the use is permitted. Permits shall be obtained by application to the Board of Parks and Recreation Commissioners in accordance with the following procedure:
Applications can be obtained from the Borough Clerk and also returned to the Borough Clerk. The Borough Clerk will review for completeness (checklist provided) and date-sensitive applications. If application is incomplete it will be immediately returned to the applicant and missing information identified. If it is date-sensitive the Chairperson will be immediately notified so a determination can be made to hold an emergency meeting if needed.
A person seeking issuance of a permit hereunder shall file an application with the Board of Parks and Recreation Commissioners, stating:
The name and address of the applicant.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The date, day and hours for which the permit is desired.
The park or portion thereof for which such permit is desired.
Any other information which the Board of Parks and Recreation Commissioners shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
Standards for issuance of a use permit by the Board of Parks and Recreation Commissioners include the following findings:
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
That the proposed activity will not entail extraordinary or burdensome expense of police operation by the Borough of Lindenwold.
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
In order to qualify to be considered for the issuance of a permit to use any of the Borough's fields or facilities, one must do the following:
Submit a complete team roster or a participant list with the names, addresses and phone numbers of all members prior to the start of the event.
Present proof of liability insurance in the minimum amount of $1,000,000 covering the use of the park and recreation area to be used. The Borough of Lindenwold must be named as an additional insured. Waiver of the insurance may be applied for depending on the requested use.
The Board shall designate the Director of Public Works or his designee to inspect the facilities being used by the permit holder prior to that use and after that use. The Director of Public Works or his designee shall determine whether or not the permitted premises have been left in reasonably the same condition as existed prior to the use. In the event that is the case, the Director of Public Works or his designee shall notify the Borough Clerk of such, and the security deposit will be returned forthwith. If the Director of Public Works or his designee reveals damage and/or lack of cleanup to the permitted premises, the Director of Public Works or his designee shall notify the Borough Clerk, who shall not release the security deposit. The Director of Public Works shall cause any necessary work to be done to return the permitted premises to its before-use status. Thereafter, the Director of Public Works shall notify the Borough Clerk as to the cost of the work based upon employee hours times the hourly rate plus 20%. The Borough Clerk shall deduct that cost from the security deposit and return the balance to the permit holder. In the event there is not sufficient deposit to pay for the work, the permit holder shall be responsible for payment of any excess amount and shall not be permitted to receive any additional permits until payment is made. The Borough may also pursue any legal remedies it may have in such a situation.
Fee schedule for tournament use.
A tournament shall not be for more than four days.
Any applicant, in addition to the requirements of prior sections, shall provide the Borough Clerk a schedule of games at least one week before the scheduled event.
Tournament hours shall be 8:00 a.m. to 11:00 p.m. with a fifteen-minute grace period for rain delays or overtime. The fields shall be vacated at 11:15 p.m. No credit shall be allowed for weather cancellations, but the Borough will attempt to reschedule any cancelled games.
In the event that any misconduct from parents, fans, coaches or players occurs, the Lindenwold Police Department or the Director of the Public Works Department is authorized and empowered to suspend play of all remaining games for the entire tournament, in which case there will be no fee refunded.
All users shall be responsible for leaving the facilities in a clean and orderly condition, and any cleanup work necessitated by a failure to do so shall be charged against the security deposit.
Any group or organization which has received a permit shall be responsible for seeing that the following conditions are adhered to:
The permit shall not be transferred or assigned. The permit holder or designated representative must be present whenever the field is in use during the time of its permit.
No alcoholic beverages are permitted at any time by anyone during the use of the fields, including the team players and spectators. The permit holder shall be responsible for enforcing this condition.
The permit holder shall be responsible for any and all illegal acts by spectators and team members, including the opposing team.
The permit holder shall be responsible for ensuring that team members and spectators adhere to no-parking regulations at and near the field in use.
Within five days after the receipt of an application, the Board of Parks and Recreation Commissioners 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 Borough Council of the Borough of Lindenwold by serving written notice thereof on the Clerk of the Borough of Lindenwold within five days of said refusal.
A copy of said notice shall also be served on the Board of Parks and Recreation Commissioners within the same time, and said Board shall immediately forward the application and the reasons for its refusal to the Borough Council of the Borough of Lindenwold, which shall consider the application under the standards set forth under § 224-1C hereof and sustain or overrule the decision of the Board of Parks and Recreation Commissioners within 10 days from the receipt of the appeal by it. The decision of the Borough Council of the Borough of Lindenwold shall be final.
All park rules and regulations and all applicable ordinances shall bind a permittee fully as though the same were inserted in the permit.
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. The opening and closing hours for each individual park shall be posted therein for public information.
Any section or part of any park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely for certain uses.
No person in a public park and recreational area shall:
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, pavings or paving materials; waterlines 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. No person above the age of five years shall use the rest rooms and washrooms designated for the opposite sex.
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 trees or plant, or dig in or otherwise disturb grass 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, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, or remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous or other deadly reptiles may be killed on sight.
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 or adjacent to any park or any tributary stream, storm sewer or drain flowing into 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, refuse or other trash. Such refuse or trash shall not be placed in any waters in or contiguous to 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.
Park a vehicle in other than an established or designated parking area and such shall be in accordance with posted direction thereat and with the instruction of any attendant who may be present.
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park area.
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
Ride a bicycle without reasonable regard for the safety of others.
Leave a bicycle lying on the ground or pavement or set against trees or in any place or position where other persons may trip over or be injured by it.
Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purposes of swimming or bathing, or congregate thereat, when such activities are prohibited by the Board of Parks and Recreation Commissioners upon a finding that such use of the water would be dangerous or otherwise inadvisable.
Frequent any waters or places designated for the purposes of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Board of Parks and Recreation Commissioners for such purposes for each individual site.
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two sides, nor shall any guide wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
Allow his/her person to be so covered with a bathing suit as to indecently expose his/her person.
Dress or undress on any beach or in any vehicle, toilet room or other place, except in such bathing houses or structures as may be provided for that purpose.
Bring into any waters or operate therein any boat, raft or other watercraft, whether motor-powered or not, except at places designated for boating. Such activity shall be in accordance with applicable regulations as are now or hereafter may be adopted.
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on or remain on or in any boat during said closed hours of the park.
Fish in any area where bathing is permitted.
Carry or possess firearms of any description or air rifles, spring guns, bows 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. Shooting into park areas from beyond park boundaries is forbidden. This subsection does not apply to members of the Borough Police Department or other law enforcement officers who are duly authorized to carry firearms in the discharge of their duties.
[Amended 11-5-2014 by Ord. No. 2014-01]
Picnic or lunch in a place other than those designated for that purpose.
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 any unreasonable time if the facilities are crowded.
Leave a picnic area 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.
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.
While in a public park or recreational area, all persons shall conduct themselves in a proper and orderly manner, and in particular no person shall:
Bring alcoholic beverages, drink them at any time or be under the influence of intoxicating liquor in a park.
Have in his possession or set or otherwise cause to explode or discharge or burn any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable 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 Board of Parks and Recreation Commissioners, permits may be given for conducting properly supervised fireworks in designated park areas.
Appear at any place in other than proper clothing.
Solicit alms or contributions for any purpose, whether public or private.
Build or attempt to build a fire. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
Enter an area posted as "Closed to the Public" or use or abet 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 Board of Parks and Recreation Commissioners.
Go onto the ice of any of the waters.
Sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to breach the public peace.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, or erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.
No sport activity allowed.
[Added 4-25-2018 by Ord. No. 2018-03]
No sport activity is allowed on the grass in front of the amphitheater in the park on United States Avenue. All sporting activity is by permit only using the proper fields according to Chapter 224.
In addition, the Municipal Compliance Officer, Municipal Designee, the Chief of Police, any police officer of the Borough of Lindenwold or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Lindenwold for any violation of this section or any article, section, subsection or provision thereof. Upon conviction in such case, for each and every violation, the violator shall be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.
The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of the negligence of the person or persons to whom such permit shall have been issued.
The Board of Parks and Recreation Commissioners shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
[Amended 11-5-2014 by Ord. No. 2014-01]
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 the penalties as set forth in Chapter 1, § 1-1, of this Code.