The Township of Cinnaminson hereby determines that the establishment
of regulations concerning permissible activities, proper permitting,
facility maintenance and the establishment of hours of use for Township-owned
parks and property is necessary to further the public health, safety,
morals and general welfare of the Township and to preserve and protect
Township-owned parks and property.
As used in this chapter, the following words shall have the
following meanings:
501(c)(3) ORGANIZATIONS
Section 501(c)(3) is the portion of the U.S. Internal Revenue
Code that allows for federal tax exemption of nonprofit organizations,
specifically those that are considered public charities. It is regulated
and administered by the U.S. Department of Treasury through the Internal
Revenue Service. A 501(c)(3) organization has been recognized by the
IRS after the filing and acceptance of a Form 1023.
FORM 990
Annual filing form by a 501(c)(3) agency with the Internal
Revenue Service.
LOW-SPEED VEHICLE
A three- or four-wheeled vehicle with an attainable speed
of more than 20 miles per hour but no more than 25 miles per hour
on a paved surface.
MASTER SCHEDULE
An annual schedule created by the Township showing all Parks
and Recreation facilities and fields, and facilities within those
locations, and further identifying dates and times when the fields
are permitted and by whom as well as identifying parks, fields and
facilities which are closed for maintenance (including resting) and
repair.
RECOGNIZED CINNAMINSON SPORTS ORGANIZATION
A Cinnaminson-based nonprofit organization with the primary
mission of providing sports and recreation opportunities for Cinnaminson
youth 18 years of age or under. At least 75% of the participants in
the organization shall be residents of Cinnaminson or enrolled as
a student in the Cinnaminson School District, at St. Charles Borromeo
School and/or Westfield Friends School in Cinnaminson. If there is
more than one organization providing services for a particular sport,
the Township shall identify which organization is the primary organization,
depending upon, but not limited to, the following characteristics:
length of service to the municipality, number of participants, volunteer
services provided toward maintenance and upkeep of the facilities
and participation by the organization in other Township-sponsored
events. The decision as to primary designation is exclusive to the
Township. It is the Township's intent to announce and approve
primary organizations at the Township's reorganization meeting.
The Township Committee in its sole discretion may grant RCSO status
to a local sports organization that does not meet the above qualifications
when that organization serves Cinnaminson youth, the sport demonstrates
a continuing effort to attract Cinnaminson residents and without youth
from outside communities, the league would not be able to actively
function.
SEASON
A period of 120 calendar days (practices and games combined).
SPORTS ACTIVITY
Actions by teams limited to games, scrimmages and practices
involving the full team. The terms shall not include clinics, individual
training or tournaments which create different issues for the parks
facilities, including improper wear and tear on fields, traffic, and
facility maintenance.
TOWNSHIP ADMINISTRATOR
The Township Administrator of the Township of Cinnaminson
or his designee. When the position of Township Administrator is vacant,
the duties shall be conducted by the Township Committee Liaison to
the Department of Parks and Recreation or his designee.
In an effort for uniformity and to ensure the safety of park
visitors, the following sign sponsorship regulations are enacted.
A. Only recognized Cinnaminson sports organizations are permitted to
hang signs. The signs shall be hung on the batting cages only.
B. Signs shall be made of vinyl or corrugated plastic with grommets
in each corner and with at least one additional grommet in the middle
of each side.
C. Signs shall be rectangular in shape and be limited in size to no
greater than three feet by three feet in size. Permanent signs existing
in parks are grandfathered from this requirement.
D. Corners and edges should be smooth and not contain sharp edges to
prevent opportunity for injury.
E. Signs shall be secured to existing sports fencing using zip ties.
Where no fencing exists, signs may be installed using standard steel
stakes, ensuring that the stake is at least two inches lower than
the top of the sign to prevent protruding objects.
F. No sign shall be installed to interfere with the regular conduct
of the sport nor to create a danger for the athletes using the field
or a visual barrier for spectators.
G. Signs shall be removed at the end of the playing season.
H. The recognized Cinnaminson sports organization shall provide a plan
with the placement of the sign.
In addition to the general permitting requirements established
herein, special events, community events or sports tournaments that
are expected to draw 100 or more participants or run over more than
one day will require the following additional information and be subject
to more detailed review.
A. The application shall contain the following information:
(1) The name and address of the applicant.
(2) Proof that the organization is organized as a 501(c)(3), not-for-profit
organization.
(3) Sports tournament applications shall only be made by recognized Cinnaminson
sports organizations for their organizations.
(4) The name and address of the person, persons, corporation, association
or organization; the name and address of the president and secretary
of said organization and relationship of applicant to said organization.
(5) The date and time for which such permit is desired.
(6) The park or portion thereof for which such permit is desired.
(7) The activity to be undertaken or reason for the application.
(8) The number of persons anticipated to participate.
(9) Site sketch of all areas, including any temporary tents, vendor stations,
etc.
(10)
Parking measures in place, including location and logistics
for ensuring the safety of motorists and pedestrians.
(11)
Security measures in place, including a request for Cinnaminson
police officers.
(12)
Custodial measures in place, including trash removal and restroom
maintenance, including a request for Cinnaminson Public Works Department
labor.
(13)
Any other information which the Township shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued.
B. Standards for issuance of a use permit by the Township. Standards
may include the following findings:
(1) That the proposed activity or use of the park or recreational area
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
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
(3) That the proposed activity or uses that are reasonably anticipated
will not induce or tend to induce violence, crime or disorderly conduct.
(4) That the proposed activity will not entail extraordinary or burdensome
expense on Township police or public works operations.
(5) That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equaling the organization's
reasonable expectation of expenses to be incurred.
(6) That the facilities desired have not been reserved for another use
at the date and time requested in the application.
(7) That the applicant shall submit the necessary insurance requirements.
(8) Posting of an escrow as determined by the Township Administrator.
By way of example, escrows shall consider the above factors, the cost
to provide additional police or public works manpower and the potential
damage to the facility. The below figures are minimums required based
on past experiences of municipal events:
(a)
Standard sports tournament: $500 per day.
C. Conditions of issuance. All permits for seasonal or special events
issued shall be on the condition that:
(1) The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
(2) The person, persons or organization to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of negligence of the person, persons or organization
to whom such permit shall have been issued. The Township shall have
the right to require that prior to the issuance of a permit or commencement
of the activity, the applicant 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.
(3) The permittee shall maintain the park, recreational area or facilities
by removing all trash or debris and restoring the area or facilities
to a condition equal to or better than its condition prior to the
granting of the permit. In the event that special or extraordinary
maintenance is required or additional costs are incurred for a proposed
use or activity, such costs shall be borne by the applicant.
(4) No structures shall be erected or placed, no utilities installed,
run or extended and no alteration of a natural or man-made feature,
facility or object shall be allowed unless so authorized in the permit
issued by the Township and, when so authorized, in accordance with
its requirements for such use and alterations.
(5) No permit shall be valid except for the facilities, area and time
expressly set forth therein.
(6) The permittee will obey any other reasonable requirement, condition
or restriction which the Township authorizes.
(7) Fees may be charged for a permit and the Township may require a cash
deposit or bond in reasonable amount to ensure performance of the
terms and conditions of the permit, which deposit shall be refundable
after deducting the cost of necessary expenses incurred by the Township
in restoring the leased area to the condition the same was in at the
time the permit was issued, reasonable wear and tear excepted.
The Township Committee shall have the authority to establish
park rules and regulations and to amend same from time to time. Provided
said rules and regulations are posted, said rules and regulations
may be enforced under this chapter.
A. In addition to any federal or state law which has precedence, it
shall be unlawful for any individual to be in or upon any Township-owned
park or property for the purposes of or while in the conduct of any
activity which is in violation of the rules and regulations established
by the Township, this chapter, or any of the ordinances of this Township.
B. In addition to the rules and regulations as may be prescribed and
posted from time to time by the Township Committee, no person in a
public park or recreation area shall:
(1) Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, fences, benches, fireplaces,
grills, paving or paving materials, waterlines, 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, facilities, park property or appurtenances
whatever, either real or personal.
(2) Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public-service utility
into, upon, under or across such lands, except by special written
permit issued hereunder.
(3) Dig or remove any soil, rock, sand, stones, wood or wood materials
or make any excavation by tool, equipment, blasting or other means,
except with written authorization of the Township.
(4) Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, pick flowers or seeds of any plants or tree, dig in or otherwise
disturb grass areas or in any other way injure the plant life.
(5) Climb any tree or walk, stand or sit on monuments, planters, fountains,
railings, fences or upon any other property not designated or customarily
used for such purposes.
(6) Tie or hitch any animal to any tree or plant or any man-made structure.
(7) Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird, nor shall
any person remove or have in his/her possession the young of any wild
animals or the eggs or nest or young of any reptile or bird. Exception
to the foregoing shall be made in case of self-defense against poisonous
snakes.
(8) Throw, discharge or otherwise place or cause to be placed in any
body of water, 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.
(9) Dump, deposit or leave trash, dirt, bottles, broken glass, refuse,
garbage, debris or other waste materials.
(10)
Solicit moneys or contributions for any purpose, whether public
or private, unless written permission is granted by the Township.
(11)
Build, attempt to build or start a fire except in such areas
and facilities and under such regulations as may be designated and
set forth by the Township. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes, cigars, tobacco paper
or any other flammable material within a park or on any highways,
roads or streets abutting or contiguous thereto.
(12)
Leave a picnic fire unattended nor leave a picnic area before
any fire is completely extinguished.
(13)
Have in his/her possession, or set or otherwise cause to explode,
discharge or burn, any firecrackers, torpedo rockets or other fireworks
and explosives, or discharge or throw said explosives into any such
areas from lands or highways adjacent thereto. This prohibition includes
any substance, compound, mixture or article that in conjunction with
any other substance or compound would be dangerous in terms of flammability
and explosion. Upon proper application, the Township may grant permits
for conducting properly supervised firework displays in designated
park areas.
(14)
Open fires are prohibited, except when approved by the Township
and any and all government agencies having jurisdiction therein. However,
charcoal grills are permitted in designated picnic areas.
(15)
Carry or possess firearms of any description or air rifles,
spring guns, bows and arrows, slings or any other form of weapons
dangerous to human safety and wildlife, or any kind of trapping device.
Instruments that can be loaded with and fire blank cartridges may
be permitted upon application and approval of a special permit in
accordance with the standards and regulations set forth herein. Shooting
into park areas from beyond park boundaries is forbidden. This provision
shall not apply to courses offered by the Township or its agents.
(16)
Bring alcoholic beverages or drink same at any time or be under
the influence of intoxicating liquor in a park or recreational area.
This provision shall not apply to the consumption of alcoholic beverages
where the same is authorized and permitted by the New Jersey Division
of Alcoholic Beverage Control and the Township during special events
in those contained areas specifically designated during said events.
(17)
Gamble or participate in or abet any game of chance except when
such game of chance is authorized by permit of the Township.
(18)
Paste, glue, tack, nail or otherwise post any sign, placard,
advertisement or inscription whatever, nor shall any person erect
or cause to be erected any sign whatever on any public lands or highways
or roads adjacent to a park.
(19)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
valid permit.
(20)
Expose or offer for sale any article or object, or station or
place any stand, cart or vehicle for the transportation, sale or display
of any article or object. Exception is hereby made to this subsection
in connection with any regularly licensed concessionaire acting by
and under the authority and regulation of the Township.
(21)
Sleep or protractedly lounge on the seats, benches or other
areas of a park or engage in loud, boisterous, threatening, abusive,
insulting or indecent language, or engage in any disorderly conduct
or behavior tending to breach the public peace and welfare.
(22)
Leave a bicycle, scooter, skateboard or similar object lying
on the ground or pavement or set against trees or in any other place
or position where other persons may trip over or be injured by it.
(23)
Fail to produce and exhibit any permit from the Township he/she
claims to have upon request of any Township official who shall desire
to inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
(24)
Occupy any seat or bench or enter into or loiter or remain in
any pavilion or any other park structure or section thereof which
may be reserved or designated by the Township for the use of a specific
group.
(25)
If picnicking, all such areas for picnicking shall be maintained
by placing all trash, refuse, garbage and debris in designated disposal
and recycling containers where provided. If no trash receptacles are
available, or if available but full, then trash shall be carried away
from the park area by the picnicker, to be properly disposed of elsewhere.
(26)
Cause or permit the vehicle he/she is operating to stand outside
of designated parking spaces, except for a reasonable time to receive
or discharge passengers or equipment. No motor vehicle shall be parked
in said park areas from 1/2 hour after sunset until sunrise, except
as otherwise permitted.
(27)
Except for athletic fields and designating parking areas specifically
designed for and illuminated for night activity, it shall be unlawful
for any individual to be in, or upon, any Township-owned park or property
after dusk or before dawn on any given day. This prohibition shall
not be in effect during or within 1/2 hour after cessation of Township-sponsored
events or other special events when permission for said events has
been granted by the Township Committee or its designated Board.
(28)
Parking lots adjacent to and associated with lit ball field.
No vehicles shall remain in the park more than 1/2 hour after the
conclusion of the event or return until before dawn the next day.
(29)
Skateboard in or on a park, playground or recreation area which
has been designated as a "No Skateboarding" area.
(30)
Utilize any facility or area of a park or recreational area
for activity other than the designated use of said facility or area.
Roller skating, inline skating, and skateboarding and the like, if
allowed, shall be confined to those areas specifically designed for
such activities.
(31)
Fail to properly maintain all restrooms, washrooms, or concession
stands in a neat and sanitary condition.
(32)
Fail to properly clean up after any domestic animal permitted
to be in the park.
(33)
Allow a dog off a leash except in specifically designated areas.
C. The Township reserves the right to prohibit, rescind or change the
use of facilities, regardless of prior approval for use. Whenever
practicable, reasonable notice will be provided.
D. Municipal facilities cannot be used for any purpose prohibited by
law.
The police, upon finding a child under the age of 18 years in
or upon any Township-owned park or property in violation of any of
the provisions of this chapter, shall take the name and address of
the parent, guardian or other person having the legal care or custody
of such child, send such child home, and make a report of the same
to the Director of Public Safety or highest ranking uniformed officer
within 24 hours, whereupon the Director of Public Safety shall send,
via certified mail to said parent, guardian or legal custodian of
such child, a written notice of the first violation of this chapter
informing such parent, guardian or legal custodian that, unless the
terms of this chapter are complied with in the future, the penalty
therefor will be invoked against such person, guardian or legal custodian
of such child. Nothing herein shall prevent the police from seeking
immediate judicial relief if the activities of the minor in question
cause damage or destruction to Township facilities.
It shall be unlawful for a parent, guardian or other person having legal care or custody of a child under the age of 18 to knowingly permit or by inefficient control to allow the child to be or remain upon any Township-owned park or property in violation of any of the provisions of this chapter. The term "knowingly" shall include knowledge which a parent, guardian or other person having legal care or custody of a child under the age of 18 should reasonably be expected to have concerning the whereabouts of the child in that person's legal custody. This section is intended to continue to keep neglectful or careless parents, guardians or legal custodians up to a reasonable community standard of parental responsibility to an objective test. It shall, therefore, be no defense that a parent, guardian or legal custodian was completely indifferent to the activities, conduct or whereabouts of such child. It shall be conclusive proof of knowledge when a parent has received prior notice pursuant to §
381-17 or the minor has been prosecuted or adjudicated for a similar offense under this chapter.
In addition to the revocation or suspension of any permit issued
herein, any person violating any provision of this chapter shall,
upon conviction, be subject to a fine not exceeding $2,000 or be required
to perform community service, or both, in the discretion of the court.
A separate offense shall be committed for each day during which a
violation occurs or continues. In addition, nothing herein shall limit
the court's authority to order restitution for any and all damage
or destruction caused by the convicted or adjudicated offender or
the parents or guardian of the offender.