[G.O. No. 576, § 1; G.O. No. 1226, § 1]
The public parks and recreational facilities of the Town shall
be under the jurisdiction and control of the Town Council or one or
more of the commissions, divisions or departments of the Town as may
be designated by this chapter.
(a)
The Recreation Commission shall have the responsibility for and control
of the operation and use of the parks and recreational facilities
of the Town and shall have the power to promulgate rules and regulations
with respect to the use of the Town parks, fields, tennis courts,
Memorial Pool, and any other public recreational facility of the Town,
and for the conduct of any recreational activity sponsored by the
Town, consistent with the provisions of this chapter and shall provide
for the issuance of permits as provided by this chapter.
(b)
The Public Works Department shall have the responsibility for the
physical condition and maintenance of the Town parks, fields, tennis
courts and other public recreational facilities and their appurtenances,
except for the Memorial Pool, which shall be the sole responsibility
of the Recreation Commission.
(c)
The Recreation Commission shall have the responsibility for the physical
condition and maintenance of the Memorial Pool complex.
[G.O. No. 1226, § 1; 1932 Revision, Title 7, Ch.
2, §§ 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15;
G.O. No. 1122, § 1; G.O. No. 788, § 1; G.O. No.
1261, § 1; G.O. No. 1284, § 1; G.O. No. 1722,
§ I]
Within the Town parks, fields, tennis courts, Memorial Pool
or other recreational facility or any function operated or sponsored
by the Recreation Commission, no person shall:
(a)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving materials, water lines 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, either real or personal.
(b)
Fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition. No person above the age of five years shall
use the restrooms and washrooms designated for the opposite sex.
(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,
blasting or other means or agency, except where specific permission
is granted by the Department of Public Works.
(d)
Construct, erect, or bring in 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 by the Recreation Commission.
(e)
Damage, cut, carve, break, transplant or remove any tree, plant or
turf, or injure the bark, or pick flowers or seed of any trees, or
plant, dig in or otherwise disturb grass areas or in any other way
injure the natural beauty of any area, except that scientific studies
or testing, which may include the above activities may be conducted
in the parks under a special written permit issued by the Recreation
Commission.
(f)
Climb any tree, or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
for or customarily used for such purposes.
(g)
Tie or hitch an animal to any tree or plant, or allow any domestic
animal to run at large; all persons taking dogs into a park shall
lead them on a leash.
(h)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot,
or throw missiles at any animal, wildlife, reptile or bird; remove
or have in his possession the young of any wild animal, or the eggs
or nest, or young of any reptile or bird.
(i)
Throw, discharge, or otherwise place or cause to be placed in the
waters of any fountain, pond, lake or other body of water in or adjacent
to 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.
(j)
Have brought in or 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 or trash shall be placed in
any waters in or contiguous to any park, or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these
are 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.
(k)
Drive any vehicle on any area except the paved park roads or parking
areas, or such areas as may on occasion be specifically designated
as temporary road areas. No person shall drive any vehicle within
a park at a speed in excess of 20 miles per hour. Whenever any vehicle
is standing it shall be on the extreme right side of the driveway
and the motor shall not be running.
(l)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereat
and with the instruction of any attendant who may be present.
(m)
Drive a commercial vehicle carrying or designated for carrying merchandise
except on special written permit issued by the Recreation Commission.
This shall not apply to vehicles delivering items to be used within
the park or recreational facility by the Town, but shall apply to
vendors or peddlers selling merchandise in the park to the public.
(n)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park area. No vehicles of any kind are to
be inside the parks and recreational facilities, except as may be
travelling on such roadways or drives as are public ways, after 10:00
p.m., except by special written permit issued by the Recreation Commission.
(o)
Ride a bicycle without reasonable regard to the safety of others.
(p)
Leave a bicycle 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.
(q)
Swim, bath, or wade in any waters or waterways in or adjacent to
any park, except in such waters and at such places as are provided
therefor and in compliance with such regulations as are herein set
forth or may be hereafter adopted, nor shall any person frequent any
waters or places customarily designated for the purposes of swimming
or bathing, or congregate thereat when such activities are prohibited
by the Recreation Commission upon a finding that such use of the water
would be dangerous or otherwise inadvisable.
(r)
Erect any tent, stand or other structure in any of the Town parks
or occupy any structure, tent or stand or sell or give away from any
structure, tent, or stand, any food, drink or other thing without
first obtaining a permit from the Recreation Commission.
(s)
Fish in or take fish from any of the waters, unless under the age
of 18 years.
(t)
Carry or possess firearms of any description, or airrifles, spring-guns,
bow-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 park boundaries is forbidden.
(u)
Picnic or lunch in a place other than those designated for that purpose,
or without obtaining a permit to use the fireplaces or other reserved
recreational facilities from the Recreation Commission.
(v)
Leave a picnic area before the fire is completely extinguished and
before all trash is placed in the disposal receptacles where provided.
If no such trash receptacles are available, then trash shall be carried
away from the park area by the picnicker to be properly disposed of
elsewhere.
(w)
Take part in or abet the playing of any games involving thrown or
otherwise propelled objects such as balls, stones, arrows, javelins,
horseshoes, quoits, or model airplanes, except in those areas set
apart for such forms of recreation. The playing of volleyball or frisbee
shall not be included in this prohibition and these activities may
be undertaken in any area of the park where they do not interfere
with other activities conducted in those areas.
(x)
Ride an animal on or within the Town parks, except upon the designated
drives, ride or drive a bicycle, motorcycle, moped, or other vehicle,
except upon the designated drives, or coast down any hill; nor shall
any person ride or drive an animal, bicycle, motorcycle, moped, or
other vehicle, except upon the right hand side of the roadway, unless
to turn out for an obstruction.
(y)
Preach or make any address or make any harangue, sing, play a musical
instrument, or move in a military or civil parade, drill or procession,
so as to disturb the enjoyment of the park facilities by other members
of the public. Notwithstanding, concerts, performances, displays,
parades, or other similar activities, may be conducted under a special
written permit issued by the Recreation Commission.
(z)
Suffer or permit any animal to defecate or urinate on park lands,
or fail to remove such defecation in a sanitary manner, should it
occur.
(aa)
Wash, polish or repair a car or motor vehicle.
(bb)
Throw any stone into, or on any park, or throw any stone within a
park.
(cc)
Have possession of or drink, sell, buy or give away any intoxicating
liquor, except upon special permit, issued by and at the discretion
of the Town Council, and with such conditions as it may require, which
permit may be for a period of one day only, and may be issued only
in connection with and incidental to civic parades, fairs, shows,
exhibitions or similar events, held under the auspices of a public,
nonprofit organization as licensee, at which the reasonably anticipated
attendance will exceed 1,000 persons.
(dd)
Have in his possession or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets, roman candles, rockets, or other similar fireworks, firecrackers or explosives or inflammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance or compound which would be similar to or involve the same hazard to persons and property as any of the foregoing enumerated items. At the discretion of the Town Council, permits may be given for conducting properly supervised fireworks in designated park areas, as provided in Section 14-1 and 11-48 of the Town Code.
(ee)
Appear in the nude or indecently exposed so as to offend the sensitivity
or morals of other members of the public.
(ff)
Solicit alms or contributions for any purpose, whether public or
private, except that bona fide non-profit civic organizations may
be permitted to conduct fund raising activities, under a special written
permit issued by the Recreation Commission.
(gg)
Build or attempt to build a fire except in such areas and under such
regulations as may be designated by the Recreation Commission and
without obtaining a permit from the division of recreation. No person
shall drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco, paper or other inflammable material within any
park or on any highways, roads, or streets abutting or contiguous
thereto.
(hh)
Enter an area posted as "Closed to the Public", nor shall any person
use, or abet the use of any area in violation of posted notices.
(ii)
Gamble, or participate in or abet any game of chance, or have possession
of any instrument of gambling, except that the holding of duly licensed
games of chance as otherwise authorized in the Code and/or under the
Statutes of the State of New Jersey, shall be permitted in Town parks
upon special permit issued by and at the discretion of the Town Council,
and with such conditions as it may require, which said permit may
be for a period of one day only, and may be issued only in connection
with and incidental to civic parades, fairs, shows, exhibitions, or
similar events held under the auspices of the public non-profit organization
as licensee, at which the reasonably anticipated attendance will exceed
1,000 persons.
(jj)
Except an employee of the Town, go onto the ice on any of the waters
except such areas as are designated as skating sites, and provided
a safety signal is displayed which permits skating, or play any game
upon the ice that shall interfere with the free use of the skating
site by others.
(kk)
Sleep or protractedly lounge on the seats or benches or other areas
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.
(ll)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
(mm)
Without permission of the division of recreation, paste, glue, tack,
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.
(nn)
Launch, sail, drive, row, paddle, pole use or float a kayak, boat,
canoe, craft, raft or other vessel upon or in any lakes, ponds, pools,
streams or other waterways or water courses.
(oo)
Cause, suffer or permit the operation of a loudspeaker, record player,
tape player, radio, television, or other similar device which produces
amplified sound through electrical, electronic, or mechanical means,
or a combination of these, without first obtaining a permit for the
operation or use of such a device from the recreation department.
(pp)
Park, stop or stand a motor vehicle on the Tamaques Park Roadway,
both sides, for its entire length within Tamaques Park.
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The aforesaid enumerated prohibitions shall not apply to public
officials, servants, agents or employees of the Town so long as the
prohibited activity, conduct or behavior is required in order to properly
perform their duties and they are at that time acting in the performance
of their duties.
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[G.O. No. 1226, § 1; G.O. No. 1423, § I]
(a)
The division of recreation and its employees shall diligently enforce
the provisions of this chapter and the rules and regulations promulgated
by the Recreation Commission.
(b)
The division of recreation and its employees shall have the authority
to eject any person or persons from any park area or recreational
facility or from any activity conducted by the division of recreation
if in the judgment of such division of recreation or its employees
such person is violating the provisions of this chapter or any rules
or regulations of the Recreation Commission.
(c)
The division of recreation and its employees shall have the authority
to seize and confiscate any property, thing or device which shall
be located in or used within a park or other recreational facility,
which in the judgment of such division of recreation or employee shall
be in violation of this chapter.
(d)
This chapter shall also be enforced by the Police Department of the
Town.
(e)
The division of recreation may solicit bids to grant an exclusive
franchise to sell food and beverages in a park or parks and to control
and limit prices, locations, products sold, hours and methods of operation
at their discretion; provided no such exclusive franchise shall be
granted without competitive bidding. Award of an exclusive franchise
shall be made by the Town Council to the qualified bidder offering
the highest price, so long as all other requirements of the specifications
are met.
(a)
Except for unusual and unforeseen emergencies parks shall be open
to the public every day of the year during the designated hours. The
opening and closing hours shall be determined by the Recreation Commission
for each individual park and shall be posted therein for public information.
(b)
The Memorial Pool shall only be open during the period designated
by the Recreation Commission.
(c)
Any section or part of any park may be declared closed to the public,
at any time and for any interval of time, for any purpose or purposes
whatever, by order of the Recreation Commission or Town Council.
[G.O. No. 1226, § 1]
The division of recreation shall post in such places and locations
as it may select such rules and regulations promulgated by the Recreation
Commission as it shall deem appropriate.
[G.O. No. 1733, §§ I — IV]
(a)
The feeding of migratory waterfowl in any public park or on any property
owned by the Town of Westfield shall be prohibited.
(b)
Migratory waterfowl shall include those species of birds commonly
known as swans, geese and ducks.
(c)
In the event any person is found violating the provisions of this
section, the person shall be subjected to a fine of not less than
$25 or more than $100 for the first offense and in the event of a
second or subsequent offense the person shall be subjected to a fine
of not less than $100 or more than $200.
