[HISTORY: Adopted by the Council of the Borough of Milford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1991 by Ord. No. 546-91]
A.
It shall be unlawful for any person in a public park or recreation
area to:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
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.
(2)
Fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition.
(3)
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.
(4)
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 a special written permit
issued hereunder or except as may be authorized by the Borough.
(5)
Damage, cut, carve, transplant or remove any tree or plant, injure
the bark or pick the 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.
(6)
Climb any tree or walk or stand or sit upon monuments, vases, planters,
fountains, railings or 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, kill, wound, trap, abuse, shoot, pursue or throw missiles
at, remove or have in his possession any animal, reptile or bird found
within a Borough park or disturb its habitat 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 or federal
fish and game laws, nor shall any person fish in the waters traversing
or abutting a park, except as may be permitted by the state and/or
federal fish and game laws.
(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 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 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.
(11)
Drive or park any vehicle in any area except the paved park
roads or parking areas or such areas as may, on occasion, be specifically
designated as temporary parking areas by the Milford Borough Common
Council.[1]
(12)
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 permitted or except as may be related to the use of structures
lawfully thereon.
(13)
Ride a bicycle without reasonable regard to the safety of others.
(14)
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.
(15)
Swim, bathe or wade in any waters or waterways in 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 purpose of swimming or bathing
or congregate thereat when such activities are prohibited by the Common
Council upon a finding that such use of the water would be dangerous
or otherwise inadvisable.
(16)
Erect, maintain, use or occupy on or in any beach or bathing
area any tent, shelter or structure of any kind, nor shall any guy
wire, rope or extension brace or support be connected or fastened
from any such structure to any other structure, stake or rock or other
object outside thereof, except as may be permitted in writing or as
authorized by the Common Council.
(17)
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 Common Council. Such activity shall be in accordance
with applicable regulations as are now or will hereafter be adopted.
(18)
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy, frighten or endanger the occupant of any other
boat.
(19)
Fish in any area where bathing is permitted, except as may be
permitted by law.
(20)
Shoot into park areas from beyond park boundaries. No person
shall carry or possess firearms of any description, air rifles, spring
guns, bows and arrows, slings or any other forms of weapons potentially
inimical to wildlife and dangerous to human safety, any instrument
that can be loaded with and fire blank cartridges or any kind of trapping
device, except as may be specifically provided for and being in accordance
with state and/or federal fish and game laws.
(21)
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 for the comfort and convenience of all. Visitors shall
comply with any directions given to achieve this end.
(22)
Violate the regulation that use of individual fireplaces, together
with tables and benches, follows the generally accepted rule of first
come, first served, unless otherwise authorized in writing.
(23)
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, except as may be authorized by permit or reservation,
nor shall any person use such areas and facilities for an unreasonable
time or beyond the time authorized by permit or reservation if the
facilities are crowded.
(24)
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.
(25)
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 any movable structure or special vehicle to be used
or that could be used for such purpose, such as a house trailer, camp
trailer, camp wagon or the like, except in those areas designated
by the Common Council for those purposes.
(26)
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 or as specifically
permitted in writing. Roller-skating shall be confined to those areas
specifically designed for such pastime.
(27)
Ride a horse, except on designated bridle trails. Where permitted,
horses shall be thoroughly broken, 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.
While in a public park or recreation area, all persons shall
conduct themselves in a proper and orderly manner, and, in particular,
no person shall:
B.
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 or 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
is in conjunction with any of the foregoing standpoints. At the discretion
of the Common Council, 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 the Common Council by signs bearing the words
"Domestic Animals Prohibited 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.
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 Common Council. 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.
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 Common
Council.
H.
Go onto the ice on any of the waters, except such areas as are designated
as skating fields, provided that a safety signal is displayed.
I.
Upon request, fail to produce and exhibit any permit from the Common
Council 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 Common Council.
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 parklands or highways or roads in
any park.
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 Common Council.
A.
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.
B.
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, but nothing
contained herein shall be construed so as to preclude or otherwise
prevent the establishment by the Borough of a permit or reservation
system for park facilities.
A person seeking issuance of a permit hereunder shall, at least
14 days prior to the date requested, file an application with the
Borough Clerk stating:
A.
The name and address of the applicant.
B.
The name and address of the person, persons, corporation or associations
sponsoring the activity, if any.
C.
The day and hours for which the permit is desired.
D.
The park or portion thereof for which such permit is desired.
E.
Any other information which the Common Council shall, by resolution,
find reasonably necessary for a fair determination as to whether a
permit should be issued hereunder.
Standards for issuance of a use permit by the Borough Clerk
shall include the following findings:
A.
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
B.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of the public health, welfare,
safety and recreation.
C.
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
E.
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
Within 10 days after the receipt of an application, the Borough Clerk shall apprise an applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Common Council by serving written notice thereof on the Borough Clerk within 10 days of said refusal. The Borough Clerk shall immediately forward the application and the reasons for his refusal to the Common Council, which shall consider the application under the standards set forth under § 140-6 hereof and sustain or overrule the Borough Clerk's decision at the next regular meeting of the Council. The decision of the Common Council shall be final.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permit.
The person or persons to whom the permit is issued shall be
liable for all 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. The Common Council shall have the right
to require any permittee to submit evidence of liability insurance
covering injuries to members of the permitted group and of the general
public arising out of such permitted activities in such amounts as
may be, from time to time, determined by the Council prior to the
commencement of any activity or issuance of any permit and may further
require such permittee to provide security to insure that the premises
are not damaged and are maintained properly.
The Common Council shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
A.
The New Jersey State Police shall, in connection with its duties
imposed by law, diligently enforce the provisions of this article.
B.
The New Jersey State Police shall have the authority to eject from
the park area any person or persons acting in violation of this article.
C.
The New Jersey State Police shall have the authority to seize and
confiscate any property, thing or device used in the park in violation
of this article.
The Common Council reserves the right, with respect to any or
all of the public park and recreation areas and any facilities located
therein, to enter into any agreement with the Board of Education of
the Borough of Milford concerning the control and use thereof, and
anything contained in this article to the contrary notwithstanding,
any use of said premises or said facilities by the Board of Education
pursuant to any agreement with the Common Council heretofore or hereafter
entered into shall be free and exclusive from any control or supervision
of or by the Common Council.
Any buildings or other structures located on any Borough park
property which are leased to any agency shall remain the property
of said agency and may be utilized by that agency pursuant to its
lease, any provision of this article to the contrary notwithstanding.
Any person violating any of the provisions of this article 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 $2,000;
or imprisonment for a period not exceeding 90 days; or a period of
community service not exceeding 90 days.
This article is in addition to and not in derogation of any
other ordinance involving or affecting any of the subject matters
contained herein.
[Adopted 5-4-1981 by Ord. No. 263-81]
Use of the Milford Borough tennis and basketball courts is subject
to the following terms and conditions in accordance with the following
rules and regulations:
A.
Hours shall be from 8:00 a.m. to 10:00 p.m.
B.
Reservations. Reservations for court time on weekdays shall be made
at the Borough Hall with the Borough Clerk or on a first-come-first-served
basis thereafter. Reservations for court time on weekends must be
made by 4:00 p.m. on the Friday preceding the weekend.
C.
All children under the age of 12 years must be accompanied by a parent
or a legally responsible guardian or adult.
D.
No food or beverages shall be permitted on the courts at any time.
E.
Sneakers or tennis shoes must be worn on the courts at all times.
F.
No sports or activities other than tennis and basketball shall be
conducted on the courts.
The foregoing rules and regulations shall be posted at the tennis
courts, along with the following notice:
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TAKE NOTICE
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The liability of the Borough of Milford for personal injury
or loss to any property on or about or occasioned by or during the
use of these premises is limited by law, and the Borough of Milford
shall not be responsible for or liable in damages to any person for
such personal injury or loss.[1]
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Any person who violates any provision of this article or neglects
or fails to comply with any provision of this article or the rules
and regulations established herein shall, upon conviction, be liable
to a penalty of not more than $50 for the first offense and $100 for
each subsequent offense, in the discretion of the Municipal Judge.
