[HISTORY: Adopted by the Township Committee of the Township
of South Harrison as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-12-2008 by Ord. No. 0-08-27]
The purpose of this article is to regulate activity at Stewart
Park for the safety of the patrons of the park.
A.
The driving, striking or otherwise hitting of golf balls at Stewart
Park is prohibited by the Township of South Harrison.
B.
The following acts are hereby declared to be examples in violation
of this section:
(1)
The driving, striking or otherwise hitting in any way of golf balls
within the confines of Stewart Park.
C.
The above enumeration is intended to give typical illustrations of
prohibited acts and shall not be construed as exclusive.
[Added 5-13-2015 by Ord.
No. 0-15-03]
A.
No person at Stewart Park and Recreational Area shall:
(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 of 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)
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.
(3)
Tie or hitch any animal to any tree, plant, or structure at
the park.
(4)
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, waste or trash shall be
placed in any waters or contiguous to any park, or left anywhere on
the grounds thereof, but shall be placed in the proper receptacles
where 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. Additionally,
all vendors at approved functions shall be responsible for the proper
disposal of their own trash, waste, and refuse.
(5)
Drive any vehicle on any area except the park roads or parking
areas or such other areas as may on occasion be specifically designated
as temporary parking areas by the appropriate Township officials.
(6)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions and with
the instruction of any attendant who may be present.
(7)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park.
(8)
Discharge, ignite, or utilize fireworks, unless approved and
sanctioned by the South Harrison Township Committee and Recreation
Commission.
(9)
Ride a bicycle or skateboard on the walking paths.
(10)
Engage in horseback riding anywhere within the park.
(11)
No person shall carry or possess firearms of any description,
or air rifles, spring guns, bows and arrows, slings, or any other
form 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 boundaries is expressly forbidden.
(12)
Ignite or maintain fires, except in designated areas established
by the Township, conditions permitting.
(13)
Engage in hunting, which conduct is expressly forbidden.
B.
While in Stewart Park and Recreation Area, all persons shall conduct
themselves in a proper and orderly manner, and in particular no person
shall:
(1)
Bring or consume alcoholic beverages, nor drink same at any
time, nor shall any person be under the influence of intoxicating
liquor at the park.
(2)
Bring, ingest, or consume any illegal drugs, nor be under the
influence of illegal drugs in the park.
(3)
Act in a disorderly manner, which disorderly conduct is expressly
forbidden.
(4)
Build or attempt to build a fire, except in such areas and under
such regulations as may be designated. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper, or other flammable material within the park or on any
highways, roads or streets abutting or contiguous thereto.
(5)
Smoking of any kind, including electronic cigarettes, is expressly
forbidden within the park.
(6)
Loiter after the park hours established herein.
(7)
Walk any dog that is not properly leashed and secured by the
owner. Additionally, all dog waste shall be picked up and be properly
disposed of within a receptacle provided by the Township.
(8)
No children under the age of six are permitted on any playground
equipment and appurtenances unless accompanied by a parent or guardian.
[Added 5-13-2015 by Ord.
No. 0-15-03]
A.
Except for unusual and unforeseen emergencies, Stewart Park shall
be open to the public every day of the year during the designated
hours, which may be amended by the Township from time to time. The
opening and closing hours for the park shall be posted therein for
public information; however, unless posted otherwise, the park is
open daily from dawn to one hour after sunset, except during events
approved or sponsored by the South Harrison Township Recreation Commission.
B.
Any section or part of the park may be declared closed to the public
at any time and for any interval of time, either temporary or at regular
and stated intervals (daily or otherwise), and either entirely or
merely for certain uses approved by the Township Committee and the
South Harrison Township Recreation Commission.
[Added 5-13-2015 by Ord.
No. 0-15-03]
Permits for special and social events at the park shall be obtained
by application to the South Harrison Township Recreation Commission
in accordance with the following procedure:
A.
A person or organization seeking issuance of a permit hereunder shall
file an application with the South Harrison Township Recreation Commission
at least 30 days prior to the scheduled event stating the following:
(1)
The name and address of the applicant.
(2)
The name and address of the person, corporation or association
sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
Any other information which the Recreation Commission shall
find reasonably necessary to issue a fair determination as to whether
a permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Recreation Commission
shall include the following findings:
(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
or detract from the promotion of public health, welfare, safety and
recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime, or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or
burdensome expense or police operation by the Township of South Harrison.
(5)
That the facilities desired have not been reserved for other
use at the date and hour requested in the application.
C.
Appeal. Within 10 days after the receipt of an application, the Recreation
Commission shall appraise an applicant, in writing, of its reasons
for refusing a permit, and any aggrieved person shall have the right
to appeal to the Township Committee by serving written notice thereof
on the Township Clerk within five days of said refusal.
D.
A copy of said notice shall also be served on the Recreation Commission within the same time, and said department shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth in Subsection B above and sustain or overrule the Recreation Commission's decision within 10 days from the receipt of the appeal. The decision of the Township Committee shall be final.
E.
A Permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permits.
F.
The person or persons to whom the permit is issued shall be liable
for all loss, damage, or injury sustained by any person(s), whether
by reason of the negligence of the person or persons to whom such
permit shall have been issued. The Recreation Commission shall have
the right to require any Permittee 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 Township prior to the commencement of any
activity or issuance of any permit.
G.
Revocation. The Recreation Commission shall have the authority to
revoke a permit upon finding of violation of any rule or ordinance
or upon good cause shown.
[Added 5-13-2015 by Ord.
No. 0-15-03]
A.
The South Harrison Township Recreation Commission shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this article.
B.
The Township shall have the authority to eject from the park any
person or persons acting in violation of this article.
C.
The Township shall have the authority to seize and confiscate any
property, thing, or device in the park or used in violation of this
article.
D.
This article shall also be enforced by the South Harrison Township
Police Department.
Any person or persons who shall be in violation of this article of the Code of the Township of South Harrison shall be punished as provided in § 1-14 of this Code. Each violation of any of the provisions of this article shall be deemed and taken to be a separate and distinct offense.
All ordinances or parts of ordinances inconsistent herewith
are repealed to the extent of such inconsistency.
If any word, phrase, clause, section or provision of this article
shall be found by any court of competent jurisdiction to be unenforceable,
illegal or unconstitutional, such word, phrase, clause, section or
provision shall be severable from the balance of the article and the
remainder of the article shall remain in full force and effect.
