The following conduct and action shall hereafter be prohibited
in all public parks and recreational areas owned by the Borough of
Buena:
A. Willfully marking, defacing, injuring, tampering with or displacing
or removing any building or structure, any bridge, tables, benches,
fireplaces, waterlines or other public utilities, or parts thereof,
any monuments, stake posts or boundary markers, or any signs, notices
or placards, whether temporary or permanent, or any other structure,
facility or equipment or other park property, either real or personal,
owned, maintained or utilized in any public park by the Borough of
Buena or the Board of Recreation Commissioners.
B. Damaging, marking, defacing, injuring, tampering with or otherwise
injuring any rest room, washroom or other facility maintained by the
Borough of Buena or the Board of Recreation Commissioners for the
convenience and use of the public.
C. Digging up or removing any soil, rock, stones, trees, shrubs or plants
from any public park or recreational area or making any excavation
within the boundaries of any such park or recreational area.
D. Constructing or erecting any building or structure, of whatever kind,
whether permanent or temporary, without the express written permission
of the Board of Recreation Commissioners.
E. Damaging, cutting or removing any tree or other plant or intentionally
damaging any grass or natural area or otherwise intentionally injuring
or damaging the natural beauty or usefulness of any park or recreational
area owned or maintained by the Borough of Buena.
F. Trespassing into any area of any park or recreational area which
is posted as prohibiting such trespass, or driving a motor vehicle,
automobile, motorcycle or other vehicle onto any footpath or other
area in any park or recreational area which is specifically posted
as prohibiting the operation of an automobile, motorcycle or other
motor vehicle.
G. Hunting, tracking, killing, molesting or otherwise harming any animal,
wildlife, reptile or bird which is located in any park or recreational
area which is owned by the Borough of Buena or removing the young
of any wild animal, the eggs from any nest or the young of any reptile
or bird. This provision shall not prohibit the destruction of any
dangerous animal, such as a poisonous snake, by the Police Department
of the Borough of Buena or by such person or persons as may be authorized
by the Board of Recreation Commissioners or the Animal Warden of the
Borough of Buena.
H. Throwing, discharging or otherwise placing or causing to be placed
in the waters of any fountain, pond, lake, stream or other body of
water in or adjacent to any park or recreation area, or in any tributary
stream, storm sewer or drainage area, any substance, matter or thing
which may or will result in the pollution of said waters.
I. Dumping, depositing or leaving any bottles, broken glass, paper,
paper products, boxes, cans, rubbish, waste, garbage or other refuse
or trash within any park or recreational area. Neither should any
such item mentioned in the first sentence of this subsection be placed
in any waters in or contiguous to any park or recreational area or
be left upon the grounds thereof. Where proper trash receptacles are
provided, every person using any park or recreational area owned by
the Borough of Buena shall place any such item described in the first
sentence of this subsection in such receptacle. Where receptacles
are not provided or are not otherwise available, all such items described
in the first sentence of this subsection shall be carried away from
the park or recreational area by the person responsible for their
presence and properly disposed of elsewhere.
J. Operating any automobile, motorcycle or other vehicle or a bicycle
in those areas which are specifically permitted in a careless, reckless
or unsafe manner so as to endanger the safety of the driver, occupant
or other person who may reasonably be using the park or recreational
area.
K. Swimming or bathing in waters or waterways in or adjacent to any
public park or recreational area where such water or waterways are
posted against swimming or bathing.
L. Congregating, gathering or otherwise remaining upon that portion
of any park or recreational area beyond the hours which are specifically
permitted by proper signs duly posted by the Board of Recreation Commissioners.
M. Erecting, maintaining, using or occupying any tent, shelter or structure
of any kind beyond the hours or in violation of any regulations promulgated
by the Board of Recreation Commissioners.
N. Dressing or failing to dress in such a manner as to indecently expose
oneself to other persons who are or may be using the parks and recreational
areas of the Borough of Buena.
O. Carrying, possessing or using any firearm of any description or any
air rifle, spring gun, bow and arrow, sling or any other weapon potentially
harmful to wildlife or dangerous to human safety, or carrying, possessing
or using any trapping device. Neither shall any person shoot any firearm,
air rifle, spring gun, bow and arrow or any other weapon into any
park or recreational area from beyond the boundaries of said park
or recreational area.
P. Starting a fire outside any permanent or temporary fireplace or grill
or leaving a park or recreation area before a fire which has been
started is completely extinguished.
Q. Participating in any game involving the throwing or propelling of
objects such as balls, arrows or stones, except in those areas set
apart for such forms of recreation.
R. Discharging, burning, exploding or having in one's possession any
firecrackers, fireworks, torpedo rockets or other type of fireworks
or firecrackers; provided, however, that the Council of the Borough
of Buena may authorize a properly supervised fireworks display in
a designated park or recreational area upon proper application therefor.
S. Gambling or participating in or abetting any game of chance, except
in such areas and under such regulations, consistent with the laws
of the State of New Jersey, as may be authorized by the Board of Recreation
Commissioners.
T. Engaging in loud, boisterous, threatening, abusive or insulting or
indecent language or engaging in any disorderly conduct or behavior
tending to breach the public peace.
U. Using the parks or recreational areas of the Borough of Buena for
the sale, display or distribution of any article or thing or exposing
or offering for sale any article or thing, or the placement of any
stand, cart or vehicle for the transportation, sale or display of
any such article or thing. The Board of Recreation Commissioners may
authorize one or more persons, upon proper application, to sell souvenirs
in conjunction with the conduct of any contest or game which may be
held in any park or recreational area of the Borough of Buena and,
in addition, may authorize the sale of food or other refreshments
from appropriate refreshment stands which are either operated or leased
by the Board of Recreation Commissioners.
V. Posting, tacking, gluing or otherwise placing or installing any sign,
placard, advertisement or inscription of any nature within any park
or recreational area or erecting or causing to be erected any sign
whatsoever on any public lands or highways adjacent to any park or
recreational area.
Except for unusual and unforeseen emergencies, parks and recreational
areas owned, maintained or operated by the Borough of Buena shall
be open to the public every day of the year during such hours as may
be designated by the Board of Recreation Commissioners. In the event
that no regulation regarding the hours of operation is promulgated,
then all such parks and recreational areas shall remain open and available
to the public without restriction. The opening and closing hours for
any park or recreational area or for any portion thereof shall be
posted in conspicuous places by the Board of Recreation Commissioners
and may be changed from time to time by resolution of such Board.
[Amended 1-22-2018 by Ord. No. 661]
This chapter shall be enforced by the Franklin Township Police
Department. The Board of Recreation Commissioners, however, may hire
such persons, attendants or other personnel to assist in the enforcement
of this chapter and to file complaints against persons found to be
violating any of the provisions hereof, as it may deem advisable,
consistent with its operating budget. Additionally, the Board of Recreation
Commissioners or any employee or attendant hired by it shall have
authority to seize and confiscate any property, thing or device in
any park or recreational area which is being used or possessed in
violation of this chapter.
In the event that the Board of Recreation Commissioners is disbanded
or in the event that it fails to act pursuant to the authority granted
by this chapter, then the Clerk of the Borough of Buena shall be authorized
to issue permits and to perform all clerical functions provided for
in this chapter, and the Council of the Borough of Buena shall be
authorized to promulgate regulations, and the Mayor of the Borough
of Buena shall otherwise see to the enforcement of this chapter.
[Amended 1-12-1987 by Ord. No. 329]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter shall, upon conviction, be subject to such penalties as set forth in Chapter
1, General Provisions, Article
III.