[Ord. 1-66, § 1]
As used in this chapter:
The board appointed pursuant to Section 6-6 et seq. of Ch. 6, Boards and Authorities, of these Revised Ordinances.
Any number of persons united by blood, marriage or legal
adoption, living together in a dwelling as a single housekeeping unit.
That public land owned by the Borough of Morris Plains lying
south of Malapardis Road in the Borough and entered by Jim Fear Drive.
The fenced-in area enclosing the pool located in Community
Park.
Any natural person actually living in the Borough or maintaining
a home therein or any such person owning property within the Borough.
The portion of the Morris Plains Community Park, in and upon
which the pool is located, together with all pool facilities and appurtenances,
and includes all related structures, such as the bathhouse, and related
parking areas.
[Ord. No. 1-66, § 2; No. 13-72, § 1; No. 23-81, § 1;
No. 22-86, § 1; No. 17-93, §§ 2, 3; No. 2-96,
§ 1; No. 11-2003, §§ 1, 2]
The use of public parks and recreation areas of the Borough
is available to residents of the Borough and nonresidents; provided,
however, that the exact number of nonresident memberships available
in the Community Park pool shall be determined by the Recreation Commission
on an annual basis using a fair and equitable system to distribute
such memberships. The use of the parks and recreation areas of the
Borough shall also comply with the New Jersey Green Acres Land Acquisition
Acts, N.J.S.A. 13:8A-1 et seq., and the rules and regulations promulgated
thereunder as set forth in N.J.A.C. 7:36-1.1 et seq.
Use of the Morris Plains Community Park and the swimming pool
and other public parks or recreation areas, the control of which has
been or will be assigned to said Recreation Commission, shall be subject
to the regulations set forth in this chapter and as may be promulgated
by ordinance hereafter and to such additional, reasonable rules and
regulations which are not inconsistent with those adopted by ordinance,
as may be promulgated by the Board of Recreation Commissioners and
approved by the Borough Council; provided, however, that such additional
rules and regulations shall be reasonably related to the protection
of property and to the public health and safety. Such additional rules
and regulations shall be posted at all times in at least one conspicuous
place in the area defined as the swimming pool and in at least one
conspicuous place at all other facilities in the Community Park and
any other park or recreation area under the control of said Recreation
Commission. In addition, at least three copies of such rules and regulations
shall be filed with and kept by the Borough Clerk for public inspection.
[Ord. No. 1-66, § 15; No. 17-93, § 4]
(a)
The Recreation Commission and any authorized personnel shall, in
connection with their duties imposed by law, diligently enforce the
provisions of this chapter.
(b)
The Recreation Commission and any authorized personnel shall have
the authority to eject from the park any person acting in violation
of this chapter.
(c)
The Recreation Commission and any authorized personnel shall have
the authority to seize and confiscate any property, thing or device
in the park or used in violation of this chapter.
(d)
This chapter shall also be enforced by the Police Department.
[Ord. 15-73, § 2; 17-93, §§ 1, 5,
6, 7, 8, 9, 10; No. 14-2006, §§ 2, 3]
(a)
While in a public park or recreation area, all persons shall conduct
themselves in a proper and orderly manner.
(b)
No person in any public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving material, waterlines or other public utilities or
part or appurtenances thereof, signs, notices or placards, 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.
(2)
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No person over the age of six years shall
use the rest rooms and washrooms designated for the opposite sex.
(3)
Dig or remove any beach sand, whether submerged or not, or any soil,
rock, stones, trees, shrubs or plants, downtimber or other wood or
materials or make any excavation by tool, equipment, blasting or other
means or agency.
(4)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service
utility into, upon or across such lands, except on special written
permit issued hereunder.
(5)
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
any person attach any rope, wire or other contrivance to any tree
or plant; nor shall any person dig in or otherwise disturb grass areas
or in any other way injure or impair the natural beauty or usefulness
of any area.
(6)
Climb any tree or walk, stand or sit upon monuments, vases, fountains,
railing, fences or upon any other property not designated or customarily
used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall be remove or have in his possession the young of any wild animals, or the eggs or nest or young of any reptile or bird; nor shall be collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy or accept as a gift any specimen, alive or dead, of any of the group of tree snails; provided, however, that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes or other deadly reptiles, may be killed on sight; provided, further, that nothing in this section shall apply to any Borough deer culling permit holder participating in an authorized controlled deer culling event in accordance with the provisions of Chapter 28 of the Revised Ordinances.
(9)
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 such water any substance, matter or thing, liquid
or solid, which will or may result in the pollution of said waters.
(10)
Have brought in or shall dump, 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 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 so provided, all such
rubbish or waste shall be carried away from the park by any person
responsible for its presence, and properly disposed of elsewhere.
(11)
Ride a bicycle on other than a paved vehicular road or path
designated for that purpose. A bicyclist shall be permitted to wheel
or push a bicycle by hand over any grassy area or wooded trail or
on any pave d area reserved for pedestrian use.
(12)
Ride a bicycle other than on the right-hand side of the road
pavement as close as conditions permit, and bicycles shall be kept
in single file when two or more are operating as a group. Bicyclists
shall at all times operate their machines with reasonable regard to
the safety of others, signal all turns, pass to the right of any vehicle
they are overtaking and pass to the right of any vehicles they may
be meeting.
(13)
Ride any other person on a bicycle.
(14)
Leave a bicycle in a place other than a bicycle rack when such
is provided and there is a space available.
(15)
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 them.
(16)
Ride a bicycle on any road or bicycle path between 15 minutes
after sunset or 15 minutes before sunrise.
(17)
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 set forth
in this chapter or may be hereafter adopted or promulgated as provided
in Section 16-2 of this chapter. Nor shall any person frequent any
waters or places customarily designated for the purpose of swimming
or bathing or congregate thereat when such activity is prohibited
by the Recreation Commission upon a finding that such use of the water
would be dangerous or otherwise inadvisable.
(18)
Frequent any waters or places designated for the purpose of
swimming or bathing or congregate thereat, except between such hours
of the day as shall be designated by the Recreation Commission for
such purposes for each individual area.
(19)
Erect, maintain, use or occupy on or in any beach or bathing
area any tent, shelter or structure of any kind.
(20)
Allow himself to be so undressed as to indecently expose his
person. No person shall appear in bathing costume at any place in
the parks except within the limits of designated bathing places or
areas, and all bathing costumes shall conform to commonly accepted
standards of dress.
(21)
Dress or undress on any beach, or in any vehicle, toilet or
other place, except in such bathing houses or structures as may be
provided for that purpose.
(22)
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 Recreation Commission. Such activity shall be in
accordance with applicable regulations as are now or may hereafter
be adopted.
(23)
In any designated area marked for boating, navigate, direct
or handle any boat in such a manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupant on any other boat.
(24)
In any designated area marked for boating, launch, dock or operate
any boat of any kind on any waters between the closing hour of the
park at night and opening hour of the following morning; nor shall
any person be on or remain in or on any boat during said closed hours
of the park.
(25)
Fish in any waters except in waters designated by the Recreation
Commission for that use and except under such regulations and restrictions
as have been or may be prescribed by the Recreation Commission.
(26)
Fish in any area where bathing is permitted.
(27)
Hunt, trap, or pursue wildlife at any time; use, 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. Shooting into park areas from beyond park boundaries is forbidden; provided, further, that nothing in this section shall apply to any Borough deer culling permit holder participating in an authorized controlled deer culling event in accordance with the provisions of Chapter 28 of the Revised Ordinances.
(28)
Picnic or lunch in a place other than those designated for that
purpose. The Recreation Commission and any authorized personnel shall
have the authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the comfort
and convenience of all. Visitors shall comply with any directions
given to achieve this end.
(29)
Violate the regulation that use of individual fireplaces, together
with tables and benches, follows generally the rule of first come,
first served.
(30)
Use any portion of the picnic areas or of 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; provided,
however, that this regulation shall not apply to any person whose
application to reserve the use of the facility for a specific date
has been approved by the Recreation Commission.
(31)
Leave a picnic area before the fire is completely extinguished
and before all trash in the nature of boxes, papers, cans, bottles,
garbage and other refuse is placed in the disposal receptacles where
provided. If no such trash receptacles are available, then refuse
and trash shall be carried away from the park area by the picnicker
to be properly disposed of elsewhere.
(32)
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 vehicle to be used or
that could be used for such purpose of overnight camping, such as
housetrailer, camp-trailer, camp-wagon or the like. Overnight camping
by organized groups is allowed by special permission of the Board
of Recreation Commissioners.
(33)
Take part in or abet the playing of any games involving thrown
or otherwise propelled objects, such as balls, stones, arrows, javelins
or model airplanes, except in areas set apart for such forms of recreation.
The playing of rough or comparatively dangerous games such as football,
baseball and quoits is prohibited except on the fields and courts
or areas provided therefor.
(34)
Ride a horse except on designated bridle trails. Where permitted,
horses shall be thoroughly broken and properly restrained and ridden
with due care and shall not be allowed to graze or go unattended;
nor shall they be hitched to any rock, tree or shrub.
(35)
Be under the influence of any alcoholic beverage.
(36)
Have in his possession or set off or otherwise cause to explode
or discharge or burn any firecrackers, torpedo, rocket or other fireworks
or explosives of inflammable material or discharge them or throw them
into any such areas from land or highway 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 Commission,
permits may be given for conducting properly supervised fireworks
in designated areas.
(37)
Permit the entry of a dog or other domestic animal into areas
other than parking concourses and walks immediately adjacent thereto
and in such other areas as may be clearly marked by signs bearing
the words "Domestic Animals Permitted in This 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.
Any person in charge of a dog in such areas shall comply with the
provisions of Section 5-19(d) of the Revised Ordinances concerning
the sanitary removal and disposal of feces deposited by such dog.
(38)
Occupy any seat or bench or enter into or loiter or remain in
any pavilion or other park structure or section thereof which may
be reserved and designated by the Recreation Commission for the use
of the opposite sex. Exception is made for children under six years
of age.
(39)
Appear at any place in other than proper clothing. With the
exception of the restricted bathing areas, "properly clothed" shall
be construed to prohibit the wearing of trunks or clothing that does
not cover the upper portion of the body.
(40)
Solicit alms or contributions for any purpose, whether public
or private.
(41)
Build or attempt to build a fire except in such areas and under
such regulations as may be designated by the Recreation Commission.
No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other inflammable material
within any park area or on any highway, road or street abutting or
contiguous thereto.
(42)
Enter an area posted as "Closed to the Public"; nor shall any
person use or abet the use of any area in violation of posted notices.
(43)
Gamble or participate in or abet any game of chance.
(44)
Go onto the ice on any of the waters except such areas as are
designated as skating areas, and provided that a safety signal is
displayed.
(45)
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 a breach of the public peace.
(46)
Fail to produce and exhibit any permit from the Recreation Commission
he claims to have upon request of any authorized person who shall
desire to inspect the same for the purpose of enforcing compliance
with any ordinance or rule.
(47)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity, under the authority of
a permit.
(48)
Expose or offer for sale any article or thing, nor shall station
or place any stand, cart or vehicle for the transportation, sale or
display of any such article or thing. This regulation shall not apply
to any regularly licensed concessionaire acting by and under the authority
and regulation of the Recreation Commission.
(49)
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 public lands or highways or roads
adjacent to a park.
(50)
Consume any alcoholic beverages or have any alcoholic beverages
in his or her possession, except by express, prior permission of the
Borough Council as set forth in a special permit therefor granted
by the Borough Council. Such permits, which shall not be unreasonably
withheld, shall be issued by the Borough Council only for specific
events or occasions and provided that: (a) the Council receives written
application therefor; (b) the application contains a description of
the occasion or event and the reasons for which the permit is desired;
(c) the application contains a description of the safeguards which
the applicant shall undertake to protect the public peace, health,
cleanliness, good order and welfare; and (d) the applicant complies
with the directions, if any, of the council to furnish and submit
appropriate assurances that the safeguards mentioned in (c), above,
will in fact be implemented.[1]
[1]
Editor's Note: Ord. 15-73, § 4 provides as
follows:
1. Preamble. Significant problems have recently been encountered
in and by the Borough of Morris Plains due to the possession and use
of alcoholic beverages in public parks and recreation areas. The problems
include unsightly litter of alcoholic beverage containers, noise,
unruly conduct and disturbance of the enjoyment of others. The within
regulation is designed to assist in meeting and correcting these problems.
[Ord. 1-66, § 13; 17-93, § 1]
(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 Council.
(b)
Any section or part of any park under the supervision and control
of the Recreation Commission may be declared exposed to the public
by the Recreation Commission 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 to certain uses, as the Recreation Commission
shall find reasonably necessary.
[Ord. No. 1-66, § 14; No. 17-93, § 1]
Permits for special events in parks, under the supervision and
control of the Recreation Commission, shall be obtained by application
to the Recreation Commission in accordance with the following procedure:
(a)
Application. A person seeking issuance of a permit hereunder shall
file an application with the Recreation Commission stating:
(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)
An estimate of the anticipated attendance;
(6)
Any other information which the Recreation Commission shall find
reasonably necessary to a fair determination as to whether a permit
should issue hereunder.
(b)
Standards for issuance. The Recreation Commission shall issue a permit
hereunder when it finds:
(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 public health, welfare, safety
and recreation;
(3)
That the proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct;
(4)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough;
(5)
That the facilities desired have not been reserved for other use
at the day and hour required in the application.
(c)
Appeal. Within Within five (5) days after receipt of an application,
the Recreation Commission 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 by serving written
notice thereof on the Borough Clerk within five (5) days of said refusal.
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A copy of said notice of appeal shall also be served upon the
Recreation Commission within the same time. Said Commission shall
immediately forward the application and the reasons for its refusal
to the Borough Council, which shall consider the application under
the standards set forth in paragraph (b)(2) of this section and shall
sustain or overrule the Recreation Commission's decision within
ten (10) days from the receipt of the appeal by the Borough Clerk.
The decision of the Borough Council shall be final.
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(d)
Rules obeyed. A permittee shall be bound by all park rules and regulations
and all applicable ordinances as fully as though the same were inserted
in said permits.
(e)
Liability. The person or persons to whom a permit is issued shall
be liable for any loss, damage or injury sustained by any person whatever
by reason of the negligence of the person or persons to whom such
permit shall have been issued.
(f)
Revocation. The Recreation Commission shall have the authority to
revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
[Ord. No. 1-66, § 10; No. 17-93, § 1]
It is intended that the provisions of this chapter contained
in Sections 16-4, 16-5, 16-17(a)(1), 16-17(a)(3) and 16-18(b) hereof
shall be applicable to all public parks and recreation areas now or
hereafter created within the Borough, whether or not under the supervision
and control of the Board of Recreation Commissioners. No reference
to the Board of Recreation Commissioners or Recreation Commission
in said provisions shall be construed as giving any authority to said
board with respect to any public lands, public parks or recreation
areas under the supervision and control of any other agency.
