No person shall sell or offer for sale any object or merchandise
or any other thing within the parks, except by permit of the Director.
The following activities are specifically prohibited within
parks unless specifically allowed for in designated areas by the Director:
A. Swimming, bathing, wading, fishing.
B. Ice skating, sledding, skiing.
D. Boating on ponds, with or without motors.
N. Jogging and long-distance running.
T. Remote controlled toys (airplanes, gliders, cars and boats).
AA. Drones.
[Added 9-1-2015 by Ord.
No. 21-15]
All persons using the facilities of the parks must obey the
posted rules and regulations established for the proper, effective
and safe utilization of the facility.
A. Gardner Field playground. The following specific rules and regulations
shall apply to the Gardner Field playground:
(1) No pets shall be allowed.
(2) No bikes, skateboards or roller blades shall be allowed.
(3) Use of all equipment shall be at the risk of the user of the park.
(4) There shall be no smoking.
(5) Only sneaker or street shoes may be worn; cleats or spikes are expressly
prohibited.
(6) Adult supervision of all children is required at all times.
(7) The park shall be used only by children who are 14 years of age or
younger.
(8) The playground shall be open April 1 to October 31, from dawn to
dusk, weather permitting; use at any other time is strictly prohibited.
The playground may be open November 1 to March 31 if the ground is
not frozen. Bathrooms will only be open April 1 to October 31.
(9) No food or beverage of any kind shall be brought into the playground.
(10)
The provisions of Article
VII of this chapter regarding protection of property, as well as any additional provisions of general applicability, shall be enforced.
B. James F. Dyer Park at Cook's Pond.
(1) Rules and regulations. In addition to the rules and regulations contained
in this chapter, the following rules and regulations shall apply to
the use and operation of James F. Dyer Park at Cook's Pond:
(a)
The park shall be open from 10:00 a.m. until dusk unless otherwise
posted. No one shall be allowed on the premises when the park is closed.
Swimming hours may differ from park hours. The maximum occupancy of
the park shall be 499 persons.
(b)
The hours of James F. Dyer Park at Cook's Pond shall be: Memorial
Day Weekend and all weekends prior to the daily opening Monday (week
of June 22) through Labor Day Weekend the Park will open at 10:00
a.m. with swimming commencing at 11:00 a.m. The park will close at
dusk, with the beach closing one hour prior. The park is restricted
to those persons displaying a valid fishing or swimming badge or group
picnic permit. All membership badges must be worn in a visible location
on the clothing of the badge holder. Off-season hours are 8:00 a.m.
to dusk swimming, ice skating and ice fishing are prohibited.
(c)
No ball playing shall be permitted.
(d)
All ice-related activity, including skating, ice fishing, and
walking on the ice surface, is prohibited.
(e)
Any child under the age of 14 years must be accompanied by an
adult.
(f)
No personal boats or watercraft of any type shall be operated
on or under the waters of the lake except emergency watercraft and
water quality management equipment with the exception of kayaks and
standup paddleboards operated in accordance with the rules and regulations
established by the Township's Recreation Department.
[Amended 11-7-2017 by Ord. No. 12-17]
(g)
Membership badges shall not be transferable and, if any members
shall transfer a badge, such member shall forfeit all membership privileges
for not more than 30 days.
(h)
No pets, except seeing-eye dogs, shall be permitted.
(i)
Use of loud, profane or indecent language, intoxication, expectoration,
roughness, rowdyism or other conduct constituting a nuisance of affecting
the safety and comfort of others is prohibited.
(j)
No alcoholic beverages shall be allowed on the premises.
(k)
No person shall dress or undress in an vehicle parked on any
portion of the James F. Dyer Park at Cook's Pond property.
(l)
Trails and pathways are restricted to pedestrian activity only
but this restriction shall not be deemed to exclude strollers, baby
carriages, wheelchairs or motorized wheelchairs. Bicycles, mountain
bikes, skateboards, skates, including in-line skates, are specifically
prohibited.
(m)
No person shall scuba dive on or under the lake unless such
person presents satisfactory evidence to the Director that such person
is a certified scuba diver, and also receives written approval from
the Director authorizing such person to scuba dive.
(n)
Motorized vehicles (including, but not limited to, automobiles,
trucks, motorcycles and motorized wheelchairs) and bicycles are restricted
to roadways and parking areas. The use of dirt bikes and all terrain
vehicles is prohibited. No activity which may endanger the rider or
park users will be tolerated.
(o)
All garbage and rubbish shall be disposed of in the receptacles
provided and recyclables shall be sorted and placed into the appropriate
marked receptacle.
(p)
No open fires shall be permitted. Nonprofit youth groups located
in Denville or with a Denville-based branch that seek to teach fire
safety protocol may apply for an exception to this general prohibition
by submitting an application to the Recreation Director at least five
business days prior to the planned event. Authorization for such use
shall be conditioned upon approval of the application by the Recreation
Director and Fire Official, including the applicant's agreement to
follow the Fire Official's directions regarding extinguishing fires.
At least two adults must be present during such use.
[Amended 10-6-2020 by Ord. No. 12-20]
(q)
Radios and other music-generating devices are prohibited except
for personal music devices audible only to the user.
(r)
Parking on private property without the owner's or occupant's
permission is prohibited. Violators will be subject to suspension
of membership privileges for not more than 30 days.
(s)
No containers made of glass shall be brought into or used on
the premises.
(t)
Persons suspected of being under the influence of drugs or alcohol
shall be prohibited from the premises.
(u)
Swimming shall be permitted only in designated areas and only
when an official lifeguard is present.
(v)
The following activities in the designated swimming areas are
prohibited: throwing of sand, running, pulling or hanging on ropes
or poles, digging, standing or sitting directly in front of the lifeguard
chair.
(w)
No blankets, towels, beach chairs, and other items of personal
property shall be placed in a direct path between the lifeguard chairs
and the water.
(x)
Parents shall assume full responsibility for the supervision
of their children.
(y)
No person shall be permitted in the water while wearing a diaper
whether cloth or disposable.
(z)
Smoking shall be prohibited in the designated swimming area.
(aa)
Swimming shall be prohibited during an electrical storm. Swimming
can resume 30 minutes after the last clap of thunder or lightning
strike has been detected by the lifeguard staff. During the electrical
storm all patrons must exit the beach and go to their car.
(bb)
No person shall enter upon the designated swimming area without
a valid swimming badge.
(cc)
No person shall enter the water for the purposes of wading or
swimming except during open swimming times as posted or otherwise
granted by permit.
(dd)
Small flotation devices are allowed in the designated swimming
area only.
(ee)
A swimmer may not carry or assist a nonswimmer into water which
is over the swimmer's head.
(ff)
No activity other than swimming and sunbathing shall be permitted
in the designated swimming area while in use.
(gg)
Lifeguard orders and directions shall be obeyed and, if any
member shall disobey any reasonable order or direction of a lifeguard,
such member shall forfeit all membership privileges for not more than
30 days.
(hh)
The throwing of objects such as beach balls or Frisbees is subject
to crowd conditions and lifeguard discretion.
(ii)
All New Jersey Fish and Game laws, rules and regulations are
applicable and must be observed by persons fishing in James F. Dyer
Park at Cook's Pond.
(jj)
No person ages seven and over shall fish without a duly issued
badge. No person shall fish to the left of the spill way. Fishing
is prohibited from the Lake Road side of the Pond.
(kk)
The use of live bait not native to James F. Dyer Park at Cook's
Pond is prohibited. The term "live bait" shall not be deemed to include
worms, grubs, crayfish, toads or frogs.
(ll)
Using corn, peas or other vegetables for bait is prohibited.
(mm)
Fishermen are encouraged to follow a catch and release policy.
(nn)
The Director shall be empowered to limit access to the park
whenever, in his/her judgment, the safety of the persons using the
park so requires.
(oo)
The Director of Public Safety, after consultation with the Director
and/or the Health Officer, shall be empowered to close Cook's Pond
whenever the safety or health of the persons using the park is or
may be endangered.
(pp)
The Mayor, after consultation with the Director of Public Safety
and the Director of Parks and Recreation shall be empowered to establish
additional rules and regulations for the protection of the public
and Township property as needed. Any posted regulation shall be enforced
whether or not such regulations are set forth in this chapter.
(qq)
The provisions of Article
VII of this chapter regarding protection of property, as well as any additional provisions of general applicability, shall be enforced.
(rr)
No person shall feed waterfowl, birds or other animals.
(2) Fees. Swimming, fishing and group picnic fees for the use of the James F. Dyer Park at Cook's Pond Park shall be as set forth in Chapter
245, Fees, Rates and Charges.
C. Hollstein Pond.
(1) Rules and regulations. In addition to the rules and regulations contained
in this chapter, the following rules and regulations shall apply to
the use and operation of Hollstein Pond:
(a)
The park shall open from dawn to 8:00 p.m. or dusk unless otherwise
posted. No one shall be allowed on the premises when the park is closed.
(b)
All ice-skating activity, including skating, ice fishing and
walking on the ice surface, is prohibited.
(c)
Model-airplane flying and model boats which are powered by an
internal combustion engine or any type of fuel other than an electric
motor.
(d)
No boats or watercraft of any type shall be permitted on or
under the water of the lake except for emergency watercraft.
(e)
Use of loud, profane, or indecent language, intoxication, expectoration,
roughness, rowdyism or other conduct constituting a nuisance or affecting
the safety and comfort of others is prohibited.
(f)
No alcoholic beverages shall be allowed on the premises.
(g)
Trails and pathways are restricted to pedestrian activity only
but this restriction shall not be deemed to exclude strollers or baby
carriages. Bicycles, mountain bikes, skateboards, skates, including
in-line skates, are specifically prohibited.
(h)
No person shall scuba dive on or under the lake unless such
person presents satisfactory evidence to the Director that such a
person is a certified scuba diver and also receives written approval
from the Director authorizing such person to scuba dive.
(i)
Motorized vehicles (including, but not limited to, automobiles,
trucks, and motorcycles) and bicycles are restricted to roadways and
parking areas. The use of dirt bikes and all terrain vehicles is prohibited.
No activity which may endanger the rider or park users will be tolerated.
(j)
All garbage and rubbish shall be disposed of in the receptacles
provided and recyclables shall be sorted and placed into the appropriate
marked receptacle.
(k)
No open fires shall be permitted.
(l)
Radios and other music-generating devices are prohibited except
for personal music devices audible only to the user.
(m)
Parking on private property without the owner's or occupant's
permission is prohibited. Violators will be subject to suspension
of membership privileges for not more than 30 days.
(n)
No containers made of glass shall be brought into or used on
the premises.
(o)
Persons suspected of being under the influence of drugs or alcohol
shall be prohibited from the premises.
(p)
No swimming shall be permitted.
(q)
All New Jersey Fish and Game laws, rules and regulations are
applicable and must be observed by persons fishing at Hollstein's
Pond.
(r)
No person age seven and over shall fish without a duly issued
badge.
(s)
The use of live bait not native to Hollstein's Pond is prohibited.
The term "live bait" shall not be deemed to include worms, grubs,
crayfish, toads and frogs.
(t)
Using corn, peas or other vegetables for bait is prohibited.
(u)
Fishermen are encouraged to follow a catch-and-release policy.
(v)
The Director shall be empowered to limit access to the park
whenever, in his/her judgment, the safety of the persons using the
park so requires.
(w)
The Director of Public Safety, after consultation with the Director
and/or the Health Officer, shall be empowered to close Hollstein's
Pond whenever the safety or health of the persons using the park is
or may be endangered.
(x)
The Mayor, after consulting with the Director of Public Safety
and the Director of Parks and Recreation shall be empowered to establish
additional rules and regulations for the protection of the public
and Township property as needed. Any posted regulations shall be enforced
whether or not such regulations are set forth in this chapter.
(y)
No person shall feed waterfowl.
D. Happy Hound Playground Dog Park.
(1) No person shall be permitted to bring a dog to the Happy Hound Playground Park unless a dog park pass has been issued for the dog and the appropriate fees paid in accordance with Chapter
245. Dog park passes and a corresponding swipe card for access to the park will be issued by the Division of Health upon proof of the following:
(a)
Current dog license issued by a municipality of the State of
New Jersey.
(b)
Proof of negative stool sample within the six months prior to
application for a dog park pass.
(c)
Proof from veterinarian that the dog is current on distemper,
parvo virus, hepatitis, influenza, corona and brotatella inoculations.
(2) Dog park passes must be renewed annually and a fee paid as set forth in Chapter
245. The fee for the swipe card is assessed upon the initial registration and for a replacement card as set forth in Chapter
245.
(3) Rules and regulations. In addition to the rules and regulations contained
in this chapter, the following rules and regulations shall apply to
the use and operation of Happy Hound Playground Dog Park:
(a)
The park shall be open from dawn until 8:00 p.m. or dusk unless
otherwise posted. No person or dog shall be allowed on the premises
when the park is closed.
(b)
No animals other than dogs are permitted.
(c)
Dogs must wear collars with a valid New Jersey dog registration
tag on the collar. No prong collars are allowed in the park.
(d)
All dogs must be on a leash when entering and exiting the main
enclosure.
(e)
Dogs that become aggressive towards other dogs or people or
uncontrollable must be leashed immediately and removed from the park.
This behavior will result in the dog park pass being taken away.
(f)
Female dogs in heat are not permitted in park.
(g)
Dogs under the age of four months are not permitted.
(h)
Handlers must stay in the park at all times with leash in hand,
unless another handler agrees to maintain control over the dog.
(i)
Handlers must clean up any fecal matter deposited by their dog.
(j)
Dog bites must be reported immediately to the Denville Health
Department or Denville Police.
(k)
Children under the age of 12 are not permitted in the fenced
in area.
(l)
The Township shall not provide any supervision of the Happy
Hound Playground Dog Park. Handlers are strictly liable for any incidents
that occur in the park. All persons using the Happy Hound Playground
Dog Park assume any and all risks associated with the use of the park.
E. Veterans Memorial Park.
[Added 9-1-2015 by Ord.
No. 21-15]
(1) Rules and regulations for use of the turf fields. In addition to the rules and regulations contained in this chapter, the following rules and regulations shall apply to the use of the turf fields at Veterans Memorial Park and shall be in effect at all times and apply to all persons using the fields. Permit holders shall be held liable for damage to the turf field and field use privileges may be suspended and/or revoked for a violation of the rules, in addition to the penalties set forth at Article
IX:
(a)
User groups with field use permits issued by the Denville Recreation
Office shall have priority over other user groups for the specific
date(s) and time(s) listed on the permit. Field use permits are nontransferable.
(b)
User groups consisting of nine or more players, coaches and/or
spectators must obtain a field use permit from the Denville Recreation
Office prior to utilizing the field.
(c)
User groups shall not enter the field area prior to the time
listed upon their approved permit and shall commence exiting the field
area no less than five minutes before their allotted time expires.
(d)
User groups shall leave the field area in an acceptable and
clean condition. All garbage must be removed after each use. User
groups are required to remove or replace equipment that the group
brought or moved onto the turf field. Each user group is responsible
for removing anything carried onto the field, including, but not limited
to: water bottles, sport drink bottles, cups, extra gear, etc.
(e)
If a user group encounters a defect in the turf and/or if the
field was left in an unclean or otherwise unacceptable condition,
please notify the Denville Recreation Department immediately.
(f)
Playing on the turf field when the field is listed as "closed"
is strictly prohibited.
(g)
Coaches are responsible for the conduct and behavior of their
respective players and spectators.
(h)
Spectators are prohibited from being on the turf field at any
time.
(i)
Only freestanding field markers and sports equipment are permitted
to be used on the turf field. No stakes, posts, poles and/or markers
of any kind are permitted to be driven into the turf field.
(j)
Marking, painting or taping lines on the turf field is prohibited.
(k)
No food is allowed on the turf field. This includes, but is
not limited to: chewing gum, candy, sunflower seeds, grapes, oranges
and nuts.
(l)
No colored sports drinks are permitted on the turf field.
(m)
No smoking or chewing of tobacco is permitted on the turf field.
(n)
No alcohol is permitted on the turf field.
(o)
No glass or metal beverage containers of any kind are permitted
on the field.
(p)
No metal spiked shoes of any kind or screw-in plastic cleats
are permitted on the turf field. Allowable footwear on the turf field
includes molded rubber cleats, turf shoes or running shoes. All footwear
shall be clean and free of mud.
(q)
No tables, canopies or tents are permitted on the turf field.
(r)
No chairs of any kind are permitted on the turf field.
(s)
No golfing, shot putting, javelin or discus throwing are permitted
on the turf field.
(t)
No model airplanes, radio-controlled airplanes, radio-controlled
helicopters, drones or model rockets are permitted on the turf field.
(u)
No pets of any kind are permitted on the turf field, with the
exception of service animals.
(v)
No motorized vehicles of any kind are permitted on the turf
field, except that disabled persons may use electric wheelchairs and
scooters in accordance with accommodations required pursuant to the
Americans with Disabilities Act, provided that such motorized vehicles
do not cause damage to the turf field surface.
(w)
No bicycles, roller blades, scooters or skateboards are permitted
on the turf field.
(x)
Any specialized equipment for games, practices or training must
be preapproved by the Recreation Director before said equipment may
be used on the turf field.
(y)
No fireworks, fire pits, open fire or open flame are permitted
on the turf field.
(z)
No activities or actions deemed detrimental to the turf field
by the Denville Recreation Department shall be permitted on the turf
field.
(aa)
The provisions of Article
VII of this chapter regarding protection of property, as well as any additional provisions of general applicability, shall be enforced.
No person shall post, paint, affix, distribute, hand out, deliver,
place, cast or leave about any bill, billboard, placard, ticket, handbill,
circular or advertisement or any similar conduct in any park.
Any person soliciting must have the required permit and/or license
as required by the appropriate municipal ordinance.
No horse shall be driven or ridden in the parks except in areas
designated by the Director.
No person shall disturb or interfere with any person or party
occupying any area or participating in any activity under the authority
of a permit.
Except when using the Happy Hound Playground Dog Park, no person,
shall cause or permit any animal in his custody or under his control
to go or run at large within the parks, provided that this prohibition
shall not apply to a municipal official or employee in control of
a working dog.
Except when using the Happy Hound Playground Dog Park, all dogs,
except working dogs under the control of a municipal official or employee,
shall be restrained by a leash not exceeding six feet in length.
[Amended 7-13-2021 by Ord. No. 24-21; 9-6-2022 by Ord. No. 16-22]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
MUNICIPAL BUILDING
The building operated by the Township of Denville at 1 St.
Mary's Place, Denville, New Jersey, used to conduct official Township
business.
SMOKING
The burning of, aerosolizing, inhaling, exhaling and/or the
inhaling and exhaling the smoke and/or vapor from or the possession
of a lighted cigar, cigarette, e-cigarette, pipe, battery or electronic
smoking device, or other paraphernalia that can be used to consume
tobacco, e-liquid, cannabis or marijuana products or a tobacco-like
substance.
TOBACCO
All tobacco products, including but not limited to smokeless
tobacco, chewing tobacco, loose leaf tobacco, tobacco pellets, plug
tobacco, twist or rope tobacco, dipping tobacco and dissolvable tobacco.
B. The Township of Denville, in accordance with the provisions of N.J.S.A.
40:48-1 and 40:48-2, deems it in the public interest and hereby prohibits
smoking in any of the Township parks and recreation areas located
within the Township of Denville. The prohibition shall include all
areas of the aforesaid properties, including the parking areas, bleachers,
playgrounds and sidewalks adjacent to such properties.
C. The Township of Denville, in accordance with the provisions of N.J.S.A.
40:48-1 and 40:48-2, deems it in the public interest and hereby prohibits
smoking on the Municipal Building grounds, including adjacent parking
lots. At the discretion of the Mayor, a designated smoking area may
be made available and so identified or marked.
D. Posting of signs. Notice of prohibitions contained in this section
shall be conspicuously posted by signs stating "No Smoking Permitted
Beyond This Point" or "No Smoking Permitted On This Property," and
shall reference the applicable Code provision.
E. Violations and penalties. Any person violating or failing to comply
with any provision of this section shall, upon conviction thereof
for a first offense, be punishable by a fine of not more than $100
or by community service of not more than two days; for a second offense,
be punishable by a fine of not more than $250 or by community service
of not more than five days; for a third offense, be punishable by
a fine of not less than $500 or by community service of not less than
10 days, or any combination of fine, imprisonment and community service
determined by the Municipal Court.