[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista 1-28-1980 by Ord. No. 158-1979 (Ch. 78 of the 1993
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Open space dedication — See Ch. 189.
It is hereby declared to be for the best interest, health, safety
and general welfare of the citizens of Buena Vista Township that regulations
be promulgated for the control of public parks and playgrounds in
the Township of Buena Vista.
[Amended 3-13-1995 by Ord. No. 293-1995]
Except as provided herein, it shall be unlawful for any person
to be in or upon any of the public parks and playgrounds and playgrounds
jointly administered by the Township of Buena Vista and Buena Vista
Regional Board of Education from dusk until 8:00 a.m. unless prior
written approval is obtained from the Township Clerk. Township tennis
courts shall be available for use during the hours from 8:00 a.m.
to 11:00 p.m.
Permits for special events in parks or to use the park beyond
the normal hours shall be obtained by application to the Township
Clerk in accordance with the following procedures:
A.
A person seeking issuance of a permit hereunder shall file an application
with the Township Clerk or his designee disclosing the following:
(1)
The name and address of the applicant.
(2)
The name and address of the person, 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 Township Committee shall find reasonably
necessary to a fair determination as to whether a permit should be
issued hereunder.
B.
Standards for issuance of a use permit by the Township Clerk 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 the public health, welfare,
safety and recreation.
(3)
That the proposed activity or use that is reasonably anticipated
will not include violence, crime or disorderly conduct.
(4)
That the proposed activity or use will not entail extraordinary or
burdensome expense to the Township.
(5)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
C.
The Township Clerk shall not unduly withhold issuance of any permit
unless he finds and determines that the proposed activity or activities
for which a permit is sought would probably result in, at the time
proposed for scheduling, the depriving of adjacent property owners
of the quiet use and enjoyment of their premises or could not be conducted
without jeopardizing the public health, safety and welfare of those
for whom the permit is sought or other citizens of the Township of
Buena Vista, or adjacent thereto, or would result in a public nuisance
or disturbance.
D.
In the event of a denial of a request for a permit, the Township Clerk shall apprise the applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal, in writing, to the Township Committee within 10 days from the receipt of such denial. The Township, in reviewing any such appeal, may make an independent determination of the facts but shall at all times apply those legal standards set forth in Subsection B hereof in the rendering of such determinations.
E.
In the event that the denial of a request for permit results in a
hearing date beyond that requested in the application for permit,
the applicant shall be permitted to amend his application on appeal
to request another date beyond the hearing set by the Township Committee.
F.
The permit holder shall be bound by all park and playground rules
and regulations and all applicable ordinances as fully as though the
same were inserted in said permits.
G.
The Clerk shall have the authority to revoke a permit upon finding
a violation of any rule or ordinance or upon good cause shown.
A.
Each person, firm or corporation using the public parks and playgrounds
shall:
(1)
Clean up all debris, extinguish all fires, when such fires are permitted,
and leave the premises in good order and the facilities in a neat
and sanitary condition.
(2)
Comply with all applicable provisions of the state motor vehicle
traffic laws in regard to equipment and operation of vehicles, together
with such regulations as are contained in this chapter and other ordinances.
(3)
Obtain the written permission of the Township Clerk before bringing
any buses or charter groups into the park premises.
B.
Prohibited acts. It shall be unlawful for any person, firm or corporation
using such parks and playgrounds to either perform or permit to be
performed any of the following acts:
(1)
Property. No one shall:
(a)
Willfully mark, deface, injure, disfigure, tamper with, displace
or remove any building, bridges, tables, benches, fireplaces, railings,
paving or paving material; waterlines or other public utilities, or
parts or appurtenances thereof; signs, notices or placecards, whether
temporary or permanent; monuments, stakes, posts or other boundary
markers; or other structures or equipment, facilities or park or playground
property or appurtenances whatsoever, either real or personal.
(b)
Throw, discharge or 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 such waters any substance, matter or thing, liquid or solid,
which will or may result in the pollution of said waters.
(c)
Bring in or dump, deposit or leave any bottles, broken glass,
ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or
other trash. No such refuse or trash shall be placed in any waters
in or contiguous to any park or playground or be left anywhere on
the grounds thereof, but shall be placed in the proper receptacles
where these are provided. Where receptacles are not so provided, all
such rubbish or waste shall be carried away from the park or playground
by the person responsible for its presence and properly disposed of
elsewhere.
(d)
Damage, cut, carve, transplant or remove any tree or plant or
injure the bark or pick the flowers or seeds of any tree or plant;
nor shall anyone attach any rope, wire or other contrivance to any
tree or plant. A person shall not dig or otherwise disturb grass areas
or in any other way injure or impair the natural beauty or usefulness
of any area.
(2)
Domestic animals. No animals shall be permitted on premises, except
horses in designated areas.
(3)
Wild animals. No one shall: hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw stones or any missiles at or give or
offer any poisonous foods to any animal, reptile, bird or the eggs
of same, except that the foregoing shall not prohibit the killing
of any deadly animal.
(4)
General conduct. No one shall:
(a)
Bring in or upon, have brought in or upon or cause to be brought
in or upon the park, or the grounds thereof, any alcoholic beverage
or illegal drug, or sell, purchase, consume or drink any alcoholic
beverage or illegal drug at any time in the park. Any person entering
the park or found within the park to be under the influence of alcoholic
liquor or illegal drugs shall be immediately removed.
(b)
Bring in or cause to be brought in or have in his or her possession
or set off or otherwise cause to be exploded, discharged or burned
any firecracker, torpedo, rocket or other fireworks or explosive or
flammable material, or discharge them or throw them into any area
of the park upon the land adjacent thereto. Notwithstanding the foregoing,
the park grounds or facilities thereon may be used for a scheduled
fireworks program under the permit.
(c)
Build or attempt to build a fire except in a fireplace designated
and constructed for such purpose and under such regulations as may
be adopted from time to time by the Township Committee. No person
shall drop, throw or otherwise scatter lighted matches, burning cigars
or cigarettes, tobacco or any other flammable material within the
park.
(d)
Enter upon ice, except such ice designated for skating purposes,
provided that a safety signal is so displayed on said ice or displayed
on an adjacent area.
(e)
Engage in any disorderly conduct or a behavior tending to cause
a breach of the public peace. No person shall disturb or otherwise
interfere with any other person or group of persons occupying any
area or engaging in any organized activity.
(f)
Sell or offer for sale any object or merchandise or any other
thing within the parks or playgrounds or place any other equipment
or apparatus within the parks or playgrounds, except by permit or
as may be permitted by the rules and regulations in accordance with
the requirements set forth in this Code.
(g)
Remove or open permanent or temporary barriers, signs, directionals,
gates or fences.
(h)
Picnic or lunch in a place other than one designated for that
purpose.
(i)
Endanger the safety of any person by any conduct or act.
(j)
Prevent any person from using any park or playground or any
of its facilities or interfere with such use in compliance with this
chapter and the rules applicable to such use.
(k)
Fail to obey or interfere with any police officer, Township
official or employee in the proper performance of his duties.
(l)
Leave any motor vehicle overnight.
(m)
Leave bicycles, except in designated areas.
(n)
Ride bicycles or other vehicles without regard to the safety
of others.
(o)
Ride a horse, except in areas designated for such use.
(p)
Gamble.
(q)
Sleep on park benches.
(r)
Camp, except with the written permission of the Township Clerk.
(s)
Solicit alms or contributions, except with the written permission
of the Township Clerk.
(t)
Carry firearms or other weapons.
(u)
Bring any concession trucks or otherwise sell any food or beverages
in park areas or 500 feet from park entrances without the prior written
permission of the Township Clerk.
(v)
Attempt to use any playing field or other area which has been
reserved for use by some other person, firm, corporation or group.
(w)
Attempt to gain entry to a special event without paying the
required admission fee.
A.
The Township Clerk shall, in connection with his duties, enforce
the provisions of this chapter and, in furtherance of those duties,
may designate such enforcement to the Recreation Committee or such
other persons employed or appointed by the Township.
B.
The Township Clerk or those designated by the Township Committee,
including members of the New Jersey State Police, shall have the authority
to eject from the parks and playgrounds area any person or persons
acting in violation of this chapter.
C.
The Township Clerk or those designated shall have the authority to
seize, confiscate, hold and/or retain, subject to the constraints
of due process of law, and property, thing or device used in violation
of this chapter in any public park and/or playground.
D.
The Recreation Committee shall have the authority to adopt rules
and regulations to be implemented by the Township Clerk which shall
become effective after approval by the Township Committee. Said rules
will be posted in a conspicuous place.
[Added 5-23-1983 by Ord. No. 175-1983; amended 8-1992 by Ord. No. 239-1992]
The following fees shall be charged to the applicant for the
use of the Buena Vista Township recreational parks:
A.
Applications for permits for special events shall be filed with the Township Clerk or his designee as per § 199-3 of this chapter.
B.
"Qualified organization" means any bona fide nonprofit organization,
association of veterans, religious congregation, religious organization,
charitable organization, educational organization, fraternal organization,
civic service club, officially recognized fire company and officially
recognized first-aid squad.
C.
All applicants shall pay for the use of Buena Vista recreational
parks a nonrefundable fee of $120.
[Amended 3-10-1997 by Ord. No. 6-1997; 1-26-1998 by Ord. No. 4-1998; 10-26-1998 by Ord. No. 17-1998; 4-4-2011 by Ord. No. 3-2011][1]
D.
All applicants requesting use of the facility and/or equipment of the Richland Park or the Martin Luther King facility shall pay, in addition to the application fee established in Subsection C, such fees as are established by resolution of the Township Committee.
[Amended 3-10-1997 by Ord. No. 6-1997; 1-26-1998 by Ord. No. 4-1998; 7-10-2001 by Ord. No. 11-2001]
E.
The Township Committee shall by resolution adopt rules and regulations
for all parties using the recreational facilities of the Township.
[Amended 7-10-2001 by Ord. No. 11-2001]
F.
The Township Committee, upon the recommendation of the Recreation
Committee, may, at its sole discretion, reduce the fees established
herein for local qualified nonprofit organizations.
[Added 7-10-2001 by Ord. No. 11-2001]
