Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 380.
Peace and good order — See Ch. 439.
Smoking — See Ch. 524.
Swimming pools — See Ch. 571.
[Adopted 9-25-1984 by Ord. No. MC 2747 (Ch. 136, Art. II, of the 1981 Revised Code)]
The purpose of this article is to provide rules and regulations for the use of and conduct in the parks and recreation areas of the Township of Irvington.
This article shall apply to and in all parks and recreation areas under the jurisdiction of the Township, unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the approving agency shall be the Department of Parks and Recreation.
In the interpretation of this article, the provisions shall be construed as follows:
A. 
Any requirement or prohibition of any act shall respectively extend to and include the causing and procuring, directly or indirectly, of such act.
B. 
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Township in the line of duty or work as such, or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Township.
C. 
Any act otherwise prohibited by this article shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do and to the extent authorized thereby.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park and recreation area.
DIRECTOR
The Director of the Department of Parks and Recreation.
PARK ATTENDANT
Any person employed by the Township as a park attendant to perform duties or tasks within the park and recreation areas.
PERMIT
Any written license issued by or under the authority of the Director permitting a special event or activity on park facilities.
PERSON
Any natural person, corporation, company, association, firm or partnership.
VEHICLE
Any conveyance (except baby carriages), including motor vehicles, trailers of all types, campers, tricycles, bicycles, motorized or not, sleds, sleighs, pushcarts or vehicles propelled by other than muscular power.
It shall be unlawful for any person in a public park or recreation area to:
A. 
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, playground equipment, fireplaces, railings, fences, nets, paving 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, whether real or personal.
B. 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition.
C. 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment or other means or agency.
D. 
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.
E. 
Damage, cut, carve, mark or remove any plant or injure the bark or pick flowers of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
F. 
Climb any tree or shrub or climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
G. 
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
H. 
Throw, discharge or otherwise place or cause to be placed in the 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.
I. 
Take into, carry through or put into any park any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided. Where receptacles are not provided, all such rubbish or waste will be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
J. 
Bring any glass container into any park or recreation area.
K. 
Cause or permit any animal to run loose.
L. 
Tie or hitch any animal to any tree or plant.
M. 
Violate any of the provisions of §§ 397-1 through 397-3, inclusive (noise), of the Revised Code regarding prohibited noises.
It shall be unlawful for any person in a public park or recreation area to:
A. 
Drive any vehicle on any area.
B. 
Park a vehicle anywhere except on a designated parking area.
C. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
D. 
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.
E. 
Wash any vehicle.
F. 
Use the parks, park drives, parking places or parkways for the purpose of demonstrating any vehicles or for the purpose of instructing another to drive or operate any vehicle, nor shall any person use any park area, including parking places, for the repairing or cleaning of any vehicle, except in an emergency.
G. 
Cause or permit a vehicle in tow of another vehicle to enter the parks or proceed therein, except that in case of a breakdown a disabled vehicle may be towed to the nearest exit; or operate or drive a vehicle containing any person or object projecting or hanging outside of or beyond the sides or the rear thereof.
It shall be unlawful for any person other than a law enforcement officer to bring into or have in his possession in any park or recreation area any destructive device or weapon as defined in N.J.S.A. 2C:39-1.
A. 
It shall be unlawful for any person to have in his possession, sell, distribute or set off any fireworks or explosives.
B. 
No smoking in public parks; penalties.
[Added 3-13-2001 by Ord. No. MC 3165]
(1) 
The smoking of cigarettes, e-cigarettes, cigars or pipes at Township public parks within the Township of Irvington is hereby prohibited. The appropriate signage of no smoking at all in the Township public parks will be installed by the Recreation Department of the Township. Complaints may be issued by any citizen or enforcement officer.
[Amended 8-6-2013 by Ord. No. MC 3499]
(2) 
Unless otherwise provided by law, statute or ordinance, any person violating the above prohibition shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $100 for each such offense. Any person under the age of 18 convicted of the offense herein shall not be subject to a fine but shall be required to perform community service or attend an educational program, as determined by the Municipal Court Judge.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: See also Ch. 524, Smoking.
A. 
No person shall post, paint, affix, distribute, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement.
B. 
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the Township:
(1) 
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle or a sign lawfully on a taxi or bus is not prohibited.
(2) 
Operate for advertising purposes any musical instrument, soundtrack or drum.
(3) 
Hold public assemblages.
(4) 
Conduct exhibitions.
(5) 
Hold a parade.
No person shall expose or offer for sale any article in any park or recreation area without a license.
No person shall kindle, build, maintain or use a fire except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle or under any tree or in underbrush.
While in a public park or recreation area, no person shall:
A. 
Bring alcoholic beverages or drink or use the same at any time, nor shall any person be under the influence of intoxicating liquor.
B. 
Solicit contributions for any purpose, whether public or private.
C. 
Play any game of chance or have possession of any instrument or device for gambling.
D. 
Play, engage or take part in any game or competitive sport for money or other valuable thing without a written permit.
It shall be unlawful for any person in a park or recreation area to:
A. 
Camp or stay overnight.
B. 
Take part in the playing of any games involving thrown or otherwise propelled objects except in those areas designated for such forms of recreation.
C. 
Play football, baseball, basketball, soccer or lacrosse, except in areas designed for such games.
D. 
Roller-skate or use skateboards except in those areas specifically designated for such pastimes.
E. 
Enter an area posted as "closed to the public."
F. 
Fail to produce and exhibit any permit 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.
G. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
H. 
Erect or occupy any tent, stand or other structure in any park or playground or sell or give away from any such tent, stand or other structure any food, drink or other thing without a permit.
It shall be unlawful for any person or group of persons to hold a picnic in any park, except in areas set aside or specifically designated as picnic areas. A permit must be secured for any picnic with more than 20 participants.
[Amended 11-13-1996 by Ord. No. MC 3045; 12-26-1996 by Ord. No. MC 3052; 3-15-2011 by Ord. No. MC 3434]
A. 
No person shall be in any park after the closing hours of parks as follows:
(1) 
During eastern standard time, November through February, 7:30 a.m. to 6:00 p.m.
(2) 
During daylight saving time, March, April, May, 7:30 a.m. to 9:00 p.m.
(3) 
During June through October, 7:30 a.m. to 9:00 p.m.
B. 
All supervised Township of Irvington organized recreational teams are hereby exempt from the park closing hours as included in this chapter.
The following activities are permitted only at times and in areas so designated for that purpose and are prohibited elsewhere within the parks:
A. 
Baseball.
B. 
Horseshoe pitching.
C. 
Tennis.
D. 
Picnicking.
E. 
Football and track.
F. 
Basketball.
G. 
Soccer.
H. 
Roller-skating.
A. 
Permits for special events in parks and recreation areas shall be obtained by application to the Director or his designee in accordance with the following procedure:
(1) 
A person seeking issuance of a permit hereunder shall file an application stating:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which the permit is desired.
(e) 
Any other information reasonably necessary to make a determination as to whether a permit should be issued hereunder.
(f) 
Variances required from park rules and regulations.
(2) 
Standards for issuance of a use permit 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's enjoyment of the park.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or uses that are reasonably anticipated will not induce violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail extraordinary or burdensome expense to the Township, including police protection.
(e) 
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
B. 
Appeal. Within 10 days after the receipt of any application, the Director shall advise an applicant in writing of his decision to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the Township by serving written notice thereof on the Township Clerk within five business days of said refusal. A copy of said notice shall also be served on the Director within the same time, and said Director shall immediately forward the application and the reasons for his refusal to the Municipal Council. The Municipal Council shall hear and decide the matter within 14 days from the receipt of the appeal by the Township Clerk or at its first meeting after the appeal is received, whichever is later.
C. 
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 permit.
D. 
An applicant for a permit shall be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the Director prior to the commencement of any activity or issuance of any permit.
E. 
Revocation. The Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Township Public Safety Department, the Director and any park attendant shall have the authority to order any person or persons acting in violation of this article to leave the park and recreation area.
A. 
Any person, association or corporation who shall violate the provisions of §§ 428-5, 428-6, 428-9, 428-10, 428-14, 428-15, and 428-16 shall, upon conviction, be fined not less than $50 for each violation nor more than $1,000 or imprisoned for a term not to exceed 90 days, or both, at the discretion of the court. Upon a second or subsequent conviction, any person, association or corporation who shall violate the provisions of §§ 428-5, 428-6, 428-9, 428-10, 428-14, 428-15, and 428-16 shall be fined not less than $100 nor more than $1,000 or imprisoned for a term not to exceed 90 days, or both, at the discretion of the court.
B. 
Any person, association or corporation who shall violate the provisions of §§ 428-7, 428-8, 428-11, 428-12 and 428-13 shall, upon conviction, be fined not less than $100 for each violation nor more than $1,000 or imprisoned for a term not to exceed 90 days, or both, at the discretion of the court.