[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
[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:
Includes cats, dogs, horses, any fowl or birds and any living
creatures within the jurisdiction of the park and recreation area.
The Director of the Department of Parks and Recreation.
Any person employed by the Township as a park attendant to
perform duties or tasks within the park and recreation areas.
Any written license issued by or under the authority of the
Director permitting a special event or activity on park facilities.
Any natural person, corporation, company, association, firm
or partnership.
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.
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]
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]
The following activities are permitted only at times and in
areas so designated for that purpose and are prohibited elsewhere
within the parks:
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.
