[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 7-27-76 as Ord. No. 14-76. Amendments noted where applicable.]
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the following meaning:
BOROUGH
The Borough of Waldwick.
PARK
A park, reservation, playground, recreation center or any other area in the Borough owned or used by the Borough and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
VEHICLE
Any wheeled conveyance, whether motor powered, animal drawn or self-propelled. The term "vehicle" shall include any trailer in tow of any size, kind or description. Exceptions are hereby made for baby carriages and vehicles in the service of any Borough parks.
[Amended 8-10-99 by Ord. No. 11-99; 8-28-12 by Ord. No. 13-12; 12-27-12 by Ord. No. 17-12; Ord. No. 16-2017; Ord. No. 21-2016; 9-28-2021 by Ord. No. 2021-25; 12-16-2025 by Ord. No. 2025-23]
No person in any public park shall:
A. 
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, benches, 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, equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B. 
Dig or remove any sand, earth, rock, stone, tree, shrub, plant, flowers, grass, timber or log, whether standing or cut, or any other material; or make any excavation by tool, equipment, blasting or other means or agency; or attach or cause to be attached any rope, wire or other device to any tree, plant or building.
C. 
Construct or erect any building or structure of whatever kind, whether permanent or temporary in character; or run or string any public service utility into, upon or across such lands, except upon special written permit issued hereunder.
D. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
E. 
Have brought in or dump, deposit or leave any bottles, broken glass, ashes, papers, 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 so 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.
F. 
Fail to observe and obey all traffic laws, including signs indicating speed, direction, caution, stopping, parking or no parking, and all other signs posted for proper control and to safeguard life and property.
G. 
Park and leave a motor vehicle overnight in any area of the park.
H. 
Park a motor vehicle on park property unless the operator or owner thereof shall use or is making use of the recreation facilities of such park during the time that the said motor vehicle is parked in said park.
I. 
Ride a minibike or motorized bike in or on any park or recreational facility.
J. 
Swim, wade, or enter into, except lawfully licensed to fish, any waters or waterways within the Borough, except at the municipal pool.
K. 
Except for the existing pistol range, bring or have in his possession or set off or otherwise cause to explode, discharge or burn any firecracker, torpedo, rocket or other fireworks or explosives of flammable material, or discharge them or throw them into any such area from land 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 from any of the foregoing standpoints.
L. 
Bring in or operate any boat, raft or other watercraft, whether motor powered or not, upon any waters in any park, except with a permit issued by the Borough Clerk. Permits will only be issued after the boater agrees to safety requirements and conditions imposed by the Borough of Waldwick.
M. 
Enter upon ice, except such ice designated.
N. 
Due to the size of the soccer field at Veterans Park, play is restricted to persons under the age of twelve (12).
O. 
There shall be no commercial activity occurring within a public park without the prior authorization of the Mayor and Council of the Borough of Waldwick memorialized at a public meeting of the Governing Body. Said authorization shall require but not be limited to the requirement of a license to be issued by the Borough Clerk and proof of valid general liability insurance naming the Borough as an addition insured. The amount of insurance shall be dependent upon the activities to be conducted.
P. 
There shall be a complete prohibition on smoking within the property boundaries of any park in the Borough of Waldwick.
Q. 
When reserving the park for a special event, charging a fee to the general public to attend the event is prohibited.
R. 
The use of any cooking device, unless professionally catered for a special event (which requires prior approval from the Health Department for Public Events), except the use of designated municipal barbecue charcoal grills.
S. 
It shall be unlawful for any person to have a dog within a public park in the Borough without having said dog on a leash at all times. The leash must be no longer than six (6) feet in length and must be held onto by the person, so that the dog is prohibited from freely running or roaming throughout the park.
A. 
The Mayor and Council is hereby authorized to adopt any additional rules and regulations with respect to the park facilities of the Borough, including but not limited to the establishment of opening and closing hours, which shall be posted at the entrance to the park so that same will be easily noticeable by the public, and with respect to the conduct of the public in any such parks, provided that such rules and regulations are not inconsistent or in conflict with the provisions herein set forth.
B. 
With respect to school grounds which the Borough uses as a park, as defined herein, the Mayor and Council may rely upon those rules and regulations adopted or to be adopted by the Board of Education as the latter may deem appropriate.
[Amended 8-22-00 by Ord. No. 15-00]
A. 
Whenever a person desires to use a park or a certain area of the park for period of one (1) day or any part thereof, that person shall make application to the Borough Clerk for a permit for the special event, which includes but is not limited to a performance, show or entertainment. The Borough Clerk shall have the authority to grant said permit provided that the following conditions are met:
1. 
The name and address of the applicant.
2. 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
3. 
The day and hours for which the permit is desired.
4. 
The portion of the park area for which such a permit is desired.
5. 
A description of and purpose for the special event.
6. 
An estimate of the anticipated attendance.
7. 
(Reserved)
[Removed by Ord. No. 21-2016]
8. 
Any other information which the Mayor and Council shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.
9. 
See § 48:64-4.4 for special event fees.
[Ord. No. 16-2017; amended 3-14-2023 by Ord. No. 2023-05]
B. 
Standards for issuance of a use permit by the Borough Clerk or the Mayor & Council 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 by others.
2. 
That the proposed activity and use will not unreasonably interfere with 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 additional expense to the Borough or impose a burden upon its Police Department.
5. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.[1]
[1]
Editor's Note: Former Subsection B(6), which immediately followed this subsection, regarding supervision, was repealed 3-14-2023 by Ord. No. 2023-05.
C. 
Within twenty-one (21) days after the receipt of an application, the Mayor and Council shall apprise an applicant, in writing, as to whether or not the permit has been granted and, if so granted, any reasonable conditions that may be imposed by the Mayor and Council. If the Mayor and Council refuses to issue a permit, it shall state the reasons for such denial.
D. 
A permittee shall be bound by all park rules and regulations, any conditions set forth in the permit and all applicable ordinances as though the same were inserted in said permit.
E. 
The person or persons 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 or persons to whom such permit shall have been issued. Such approval shall be further conditioned upon an agreement by the applicant to indemnify the Borough in the event that any damage or destruction is caused by the permittee or any members of such organization or as a result of such applicant's use, unless specifically waived, in writing, by the Mayor and Council.
F. 
The Mayor and Council shall have the authority to revoke a permit upon a finding of violation of any conditions set forth in the permit, any rule or regulation or any provision herein contained or any other applicable ordinance, or upon good cause shown.
G. 
Notwithstanding the above, with respect to school grounds which the Borough uses as a park, as defined herein, the Mayor and Council may rely upon those rules and regulations adopted by the Board of Education as the latter may deem appropriate concerning permits for special events.
This ordinance is in addition to and not in derogation of any other ordinance involving or affecting any of the subject matters contained in the within ordinance, except that all ordinances or parts of ordinances, including Chapter 47 of the Waldwick Code entitled "Exhibitions and Entertainments", inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistencies.
The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any part of this ordinance which can be given effect without such invalid part or parts.