Borough of Bogota, NJ Chapter 13 Regulations for Public Parks and Recreation Areas

Editor's Note: Ordinance #992, contained herein, amends and repeals Ord. #6/7/28, SS14, 15, 17; Ord. #6/22/67, SS1, 2, 3, 4, 6 and Ord. #884, S1, previously codified herein.

§ 13-1 PURPOSE.

[Ord. #992, S1]

The purpose of this chapter is to provide rules and regulations for the use, control and protection of all conduct in the parks, play-grounds and recreation areas of the Borough of Bogota, to ensure for orderly and safe use, to help assure preservation, to promote minimum inconvenience to those people bordering them, and to provide penalties for violators.

§ 13-2 APPLICABILITY.

[Ord. #992, S2]

This chapter shall apply in all parks, playgrounds and recreation areas under the jurisdiction of the board of recreation commissioners of the Borough of Bogota, hereinafter called, "commissioners or the governing body of the Borough of Bogota", hereinafter called "borough", unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the approving governing agency shall be the commissioners and the borough council or their designees, for lands under the jurisdiction of the commissioners, and shall be the governing body or its designee for lands under the borough.

§ 13-3 CONSTRUCTION.

[Ord. #992, S3]

In the interpretation of this chapter and all succeeding park and recreation ordinances, the provisions shall be continued as follows:

a. Any term in the singular shall include plural;

b. Any term in the masculine shall include the feminine and neuter;

c. Any requirements or prohibitions of any act, shall respectively extend to, and include the causing and procuring, directly or indirectly of such act;

d. No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the commission or borough, 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 commission or borough;

e. Any act, otherwise prohibited by law or local ordinance, 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 hereby.

§ 13-4 DESIGNATION OF PARKS AND RECREATION AREAS.

[Ord. #992, S4; Ord. #1314, S1; amended 10-6-2022 by Ord. No. 1583]

All public parks, playgrounds, gardens and recreation areas located within the Borough of Bogota shall be subject to the regulations established in this chapter.

§ 13-5 RULES AND REGULATIONS.

[Ord. #992, S5; Ord. #1186, S1; Ord. #1283, S1; Ord. #1347; Ord. #1430; Ord. #1433; Ord. #1459]

The regulations as set forth herein shall be controlling in each and every park, playground and recreation area in the Borough of Bogota:

a. No person shall cut, injure, deface, remove or disturb any tree, shrub, building, fence, bench or other structure, apparatus, device or property or cut or remove any shrub, bush or flower or write or paint on any building, fence, bench or any structure.

b. No person shall kindle or make an open flame, except in the picnic grill provided or upon prior application for a permit to the recreation commission and fire official.

c. In addition to the regulation provided by the various borough ordinances regulating animals, no animal shall be allowed to run loose in the parks, playgrounds or recreation areas except as part of special activities authorized by the recreation commission.

d. No person on or within parks, playgrounds or recreation areas shall have in his or her possession or use or enjoy any firecracker, firework or explosive of any kind or nature whatsoever, except under special circumstances and upon receipt of a permit approved by the fire and police chiefs.

e. No person shall have brought in or dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash or debris. No such refuse or trash shall be placed in any waters in or contiguous to any park, playground or recreation area or left anywhere on the grounds thereof but shall be placed in the proper receptacles or removed from the premises.

f. Due to the proximity of residential zones and the fact that they are children's parks, alcohol consumption is banned in Pagano Park and Mills Park.

In Olsen Park, if an organization provides a one (1) day policy or proof of insurance in the amount of one million ($1,000,000.00) dollars and a "hold harmless" agreement, they may be allowed to purchase a permit to consume beer or wine in Olsen Park, however, the consumption of alcohol is limited to areas around the ball field and picnic area and specifically prohibited in the children's play area.

g. No person shall see, offer for sale or solicit for sale any personal property, goods or merchandise, except upon permit from the recreation commission.

h. No person shall remain or stay in or upon a park, playground or recreation area, between the hours of 9:00 p.m. and sunrise.

1. In Olsen Park and Veteran's Park, the park, playground or recreation area shall be open to the public every day of the year from dawn until 9:00 p.m. No person shall enter upon or occupy any part of the park, playground or recreation area except during such hours unless such person first received a special permit obtained from the recreation commission. Any permit under this paragraph shall expire at 11:00 p.m. and no one even with a permit shall remain or stay in or upon a park, playground or recreation area, between the hours of 11:00 p.m. and sunrise.

2. In Pagano Park and Petrik Park, the park, playground or recreation area shall be open to the public every day of the year from dawn until dusk. No person shall enter upon or occupy any part of the park, playground or recreation area except during such hours unless such person first received a special permit obtained from the recreation commission. Any permit under this paragraph shall expire at 11:00 p.m. and no one even with a permit shall remain or stay in or upon a park, playground or recreation area, between the hours of 11:00 p.m. and sunrise.

3. Any lights in any park, playground or recreation area shall be turned off no later than 11:00 p.m.

i. No person shall post, paste, or affix any sign, placard, notice or advertisement on any tree, building, pole, or other structure in any park, playground or recreation area, except upon written application and permit by the recreation commission.

j. No exhibitions, concerts or entertainment consisting of groups of more than twenty (20) persons shall be given in any parks, playground or recreation area, except after written application and permit to and by the recreation commission.

k. Baseball, softball, football, soccer and like shall be played only in designated areas. The use of said areas shall be by permit of the recreation commission.

l. Picnic lunch or other refreshment shall be eaten only in such places as may be designated for this purpose. The recreation commission shall, by resolution, designate the area and places within the borough parks, playgrounds and recreation areas where such activities may be permitted.

m. No person shall ride a motorbike, automobile or other motorized wheeled vehicles, except wheelchairs, on or within parks, playgrounds or recreation areas, except upon a path, roadway or other area designated by the recreation commission and in such a manner as not to interfere with other safety or enjoyment of the recreation facilities.

n. No person shall operate a motor vehicle, as defined by N.J.S.A. 39:1-1, on or within any of the parks, playgrounds, or recreation areas, including the bikeway/walkway in Olsen Park, except in the case of emergency vehicles or park maintenance equipment. Motor vehicles may be used to transport persons to or from the parks, playgrounds, or recreation areas only on the designated roadways in the parks and motor vehicles shall be parked only in designated parking areas.

o. No person shall refuse to exhibit any permit, as required herein, to a duly authorized representative of the recreation commission upon request.

p. No group or person shall use the designated picnic areas for groups of more than twenty (20) persons except after written application and permit to and by the recreation commission.

q. Properly licensed dogs shall be permitted to enter upon or remain in Olsen Park subject to the following rules and regulations:

1. Dogs shall only be allowed in a public park except from 9:00 p.m. until sunrise in accordance with Section 13-5h.

2. Dogs are the only animals that handlers may bring to the park.

3. Dogs must wear securely attached collars with valid dog licenses.

4. Dogs must be leashed and under control at all times. Leashes shall not have a lead in excess of ten (10) feet.

5. Dogs that become aggressive or uncontrollable must be immediately taken from the park.

6. Dogs shall be prohibited from the playground areas.

7. Handlers must remain with their dogs at all times.

8. Handlers must always clean up after their dogs.

9. Handlers must immediately report all dog bites to the Bogota Police Department.

10. Dogs, at all times, must be handled by their owner, or a family member or relative of the owner who is an adult eighteen (18) years or older at all times.

11. Feeding a dog in the park is prohibited.

12. Handlers are strictly liable for any incidents that occur at the park.

13. Dog owners are responsible and liable for the actions and behavior of their dogs at all times.

14. All dogs must have current rabies, distemper and parvo vaccinations. It is recommended that dogs be on a flea and heartworm preventive medication.

15. Dogs that are ill are prohibited.

16. All dogs must wear a valid license.

17. Limit of three (3) dogs per adult.

18. Dog owners who fail to comply with the above rules and regulations may receive a summons.

r. Smoking is prohibited.

[Amended 10-6-2022 by Ord. No. 1583]

1. Smoking and vaping of tobacco products shall be prohibited in all public parks and recreation facilities owned or leased by the Borough, and all property owned or leased by the Borough upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities.

2. Said prohibition shall include all areas immediately adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.

§ 13-6 PERMITS/LICENSES/FEES.

[Ord. #992, S6]

Wherever the above-mentioned rules and regulations provide that prior to any specific use an application, permit or license shall be required, the applicant for such permit or license shall make such application on forms provided by the recreation commission. The recreation commission shall consent or deny said permit or license based upon availability of space, the anticipated responsibility of an applicant and the nature of the use. In cases of open burning, fireworks, or sales of goods, the applicant may be required to post a bond or security and proof of adequate insurance coverage, in accordance with the provisions of this section. Applications shall set forth the name and address of the applicant, responsible individual, anticipated number of persons involved in the activity, the type of activity, and a warranty that the applicant shall be responsible for returning the facility to its condition prior to the use of the permit. In the event that there is either damage to the park, playground or recreation area or costs are incurred to return the park, playground or recreation area to its prior condition, the applicant may be charged said costs.

The fee for general permits shall be ten ($10.00) dollars.

The recreation commission or mayor and council may waive said fee for non-profit community groups/organizations.

§ 13-7 VIOLATIONS AND PENALTIES.

[Ord. #992, S7; Ord. #1433]

Any person violating the regulations set forth herein, upon conviction in a court of competent jurisdiction, shall be subject to a penalty of not more than two hundred fifty ($250.00) dollars for a first offense; five hundred ($500.00) for a second offense; and one thousand two hundred fifty ($1,250.00) dollars for a third or subsequent offense or imprisonment for a term not exceeding ninety (90) days; this penalty shall exclude any costs (dollar for dollar) incurred by the municipality for clean-up of a park, playground or recreation area as a result of the violator's actions.