[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 589.
[Ord. No. 750 § 1]
The purpose of this section is to implement N.J.S.A. 2C:35-7
by approving a map delineating Drug Free School Zones consisting of
those areas on or within one thousand (1,000') feet of any school
property in the Borough, and in Drug Free Public Park Zones and Drug
Free Public Building Zones consisting of those areas on or within
five hundred (500') feet of any public park or public building in
the Borough.
[Ord. No. 750 § 2]
The provisions of this section shall apply to any person who
is charged with a violation of N.J.S.A. 2C:35-5 (distributing, dispensing
or possessing with intent to distribute a controlled dangerous substance
or controlled substance analog) while within any Drug Free School
Zones, Drug Free Public Park Zones or Drug Free Public Building Zones
as proscribed in N.J.S.A. 2C:35-7.
[Ord. No. 750 § 3]
All those areas in the Borough which are on, or within one thousand
(1,000') feet of any property used for school purposes which is owned
by or leased to any elementary or secondary school or school board,
are hereby designated as Drug Free School Zones.
[Ord. No. 750 § 4]
All those areas in the Borough which are on, or within, five
hundred (500') feet of any property used as a public park, are hereby
designated as Drug Free Public Park Zones.
[Ord. No. 750 § 5]
All those areas in the Borough which are on, or within, five
hundred (500') feet of any property which is owned or leased as a
public building, are hereby designated as Drug Free Public Building
Zones.
[Ord. No. 750 § 6; Ord. No. 778 § 1]
A map dated June 1, 2000, prepared by William Ryden, P.E., Borough
Engineer, depicting the location and boundaries of the Drug Free School
Zones, Drug Free Public Park Zones and the Drug Free Public Building
Zones in the Borough (hereinafter "Drug Free School Zones, Drug Free
Public Park Zones and Drug Free Public Building Zones Map"), is hereby
approved as the official finding and record of the location and boundaries
of such zones in the Borough as of the date of this Ordinance.
[Ord. No. 750 § 7]
The Drug Free School Zones/Drug Free Public Park Zones/Drug
Free Public Building Zones Map shall be admissible and shall constitute
prima facie evidence of the location and boundaries of the Borough's
Drug Free School Zones, Drug Free Public Park Zones and Drug Free
Public Building Zones in any prosecution under N.J.S.A. 2C:35-7.
[Ord. No. 750 § 8]
The original Drug Free School Zones/Drug Free Public Park Zones/Drug
Free Public Building Zones Map, or any revisions thereto, or true
copies thereof shall be filed with the Borough Clerk and shall be
maintained as an official record of the Borough.
[Ord. No. 750 § 9]
The Chief Administrative Officer of any school in the Borough
shall be advised that he or she shall promptly notify the Borough
Engineer of changes or contemplated changes in the location and boundaries
of any property owned by or leased to any elementary or secondary
school or school board and which is used for school purposes. The
Drug Free School Zones/Drug Free Public Park Zones/Drug Free Public
Building Zones Map may be amended by resolution of the Borough Council.
[Ord. No. 294 § 1]
This section is adopted for the purpose of preserving the public
health, safety and welfare and, toward that end, for the specific
purpose of eliminating abandoned motor vehicles, machinery and other
types of junk as hereinafter defined. Such junk is not only unsightly
but attracts children who are exposed to injury when playing in, around
or upon such junk. Furthermore, such junk may breed disease in that
it may become infested with germ carrying vermin or may trap water
which breeds disease-carrying organisms.
[Ord. No. 294 § 2]
The following words or phrases, as used in this section, are
hereby defined as follows unless in the context a different meaning
obviously is intended. Whenever appropriate to the context or application
of this ordinance, the singular number shall include or mean the plural,
the plural number shall include or mean the singular and the masculine
gender shall include or mean the feminine or neuter genders.
Shall mean and include any automobile, motorcycle, truck,
tractor or other motor vehicle of any nature propelled by means other
than muscular power, which has been a. abandoned, b. is not currently
registered, or c. does not bear proper plates or tags.
Mean the Borough of Peapack and Gladstone.
Shall mean the Chief of Police of the Borough of Peapack
and Gladstone.
Shall mean any apparatus, equipment or device, of whatever
material, or any part or parts thereof, which has been abandoned on
private or public lands in an exposed condition. The term junk shall
also include automotive junk as hereinafter defined.
Shall mean and include any natural person, association, company,
partnership, corporation, or other entity, or any group of persons.
Shall mean any property devoted to public use including that
on which public buildings are erected and all streets, roads or highways
however designated.
[Ord. No. 294 § 3]
Nothing contained in this section shall limit, prevent or restrict
the municipality or its servants, agents, representative or employees
in collecting, storing or disposing of junk.
[Ord. No. 294 § 4]
a.
This section shall not apply to materials stored within any building.
b.
Nothing contained in this section shall mean or be construed as a
right or privilege to make use of any land or building contrary to
the Zoning Ordinance of the Borough of Peapack and Gladstone.
c.
Nothing contained in this section shall be construed to be contrary
to the Motor Vehicle Junk Law (N.J.S.A. 39:11-1 et seq.) but no consent
or approval of any motor vehicle junk business or motor vehicle junk
yard is hereby made or intended.
[Ord. No. 294 § 5]
[Ord. No. 294 § 6]
a.
The Chief of Police shall cause possession to be taken of any automotive
junk for the Borough.
b.
Upon the taking possession of any automotive junk for the Borough,
the Chief of Police shall cause immediate report thereof to be made
to the Director of the Division of Motor Vehicles and as provided
by statute (N.J.S.A. 39:10A-2 et seq.) cause notice and advertisement
of sale of such automotive junk to be made and otherwise perform the
statutory requirements.
c.
Upon the person entitled to possession of such automotive junk reclaiming
possession thereof, such person shall pay all reasonable costs and
all fees incurred in connection with the removal and storage of such
automotive junk and all fines and court costs incurred in connection
with any violations of this section or of any other law relating to
such automotive junk before such owner shall be entitled to recover
such automotive junk.
d.
If such automotive junk is not claimed by the person entitled to
possession thereof, or if any cost or fee incurred in connection with
the removal and storage of such automotive junk or any fine or court
costs described in paragraph c above, remain unpaid, the Chief of
Police shall cause such automotive junk to be sold or disposed of
as provided by statute (N.J.S.A. 39:10A-1 et seq.).
[Ord. No. 294 § 7]
a.
Upon any junk being found in a public place, the Chief of Police shall cause the same to be removed and disposed of and the person responsible for such junk being in such public place shall be subject to prosecution under this section. If such junk be automotive junk, the Chief of Police shall dispose of it pursuant to subsection 4-2.6.
b.
Upon any junk being found on any private lands, the Chief of Police shall cause notice thereof to be given to the person owning or occupying such lands. If such person disclaims ownership thereof, the Chief of Police shall cause such junk to be removed and disposed of. If such junk is automotive junk, the Chief of Police shall dispose of it pursuant to subsection 4-2.6. If it be ascertained that the person owning or occupying such lands is the owner of such junk, then such person shall be subject to prosecution for violation of this section.
c.
Any person owning junk found on the private lands of another that
has been removed or removed and disposed of pursuant to paragraph
b above, shall be subject to prosecution for violation of this section
and for recovery of the expense and costs of the removal and disposal
of such junk.
d.
Upon the name of the person owning any junk being found on the private lands of another being ascertained before removal of such junk, such person shall be subject to prosecution for violation of this section. In addition, if such junk is not automotive junk, such person shall be notified in writing by the Chief of Police that such junk must be removed within ten (10) days by him and that in default thereof, he will be guilty of a further violation of this section and subject to prosecution therefor and that the junk will be removed by the Borough and the cost and expense of the removal and disposal thereof will be charged to him. Upon failure of such person to comply with such notice, prosecution shall be instituted against him for violation of this section and for recovery of the costs and expenses incurred in removing and disposing of such junk. However, if such junk be automotive junk, the Chief of Police shall proceed to dispose of such automotive junk pursuant to subsection 4-2.6.
[Ord. No. 294 § 8]
Upon any person committing a violation of this section and being
notified that a violation exists, each and every day following such
notification shall constitute an additional, separate violation and
when notice to abate the violation by a certain day is given, each
and every day following such date shall constitute a separate violation.
[Ord. No. 294 § 9;
New]
[Ord. No. 5 § 1]
All persons are positively forbidden to ride any bicycle upon
the sidewalks of our Borough.
[Ord. No. 5 § 1]
All bicycles shall carry during the period from thirty (30)
minutes after sunset to thirty (30) minutes before sunrise, and whenever
fog renders it impossible to see a long distance, at least one (1)
lighted lamp, showing a white light visible at least two hundred (200')
feet in the direction toward which the aforesaid are proceeding.
[Ord. No. 5 § 1]
Any person violating this section will be arrested and subjected
to a fine of five ($5.00) dollars, as provided by the laws of New
Jersey, and the various supplements thereunto.
[Ord. No. 707 § I; Ord. No. 714, § I]
a.
No garbage, waste or recyclables shall be put out for collection
prior to 12:00 noon on the day before the regular garbage, bulk or
recycling collection day.
b.
No receptacle for garbage, waste or recyclables shall be left out
on any curbside, sidewalk, street, road or alley in the Borough of
Peapack and Gladstone after 12:00 noon on the day following the day
of regular collection.
c.
No person shall place any garbage, litter, refuse, rubbish or other
materials put out for collection by a sanitation service upon the
traveled portion of any public street, road, thoroughfare, lane or
alley of the Borough of Peapack and Gladstone or in such a way as
to block any public sidewalk or other public right of way.
[Ord. No. 707 § II]
a.
No person shall place any garbage, litter, refuse, rubbish, industrial
waste or other materials in any street, alley or other public place
or upon any private property, whether owned by such person or not,
except in proper containers for collection; neither shall any person
throw or deposit any garbage, refuse, rubbish or industrial waste
in any stream or storm drain.
b.
Any accumulation of refuse or rubbish including by way of example
but not limitation, construction waste, packaging, concrete, demolition
materials, discarded furniture and other personal belongings or other
materials on any premises except in the manner herein provided is
hereby declared to be a nuisance and is prohibited. Failure to remove
any existing accumulation of rubbish or refuse within thirty (30)
days after the effective date of this chapter shall be deemed a violation
of this chapter.
c.
No person shall cast, place, sweep or deposit any grass clippings,
brush, sod or other refuse in such a manner that it may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer,
parkway or other public place within the Borough hereafter.
d.
No person shall bring garbage, litter, refuse, rubbish or other waste
into the Borough of Peapack and Gladstone for the purpose of disposing
of the same in the Borough of Peapack and Gladstone, nor shall any
person place garbage, litter, refuse, rubbish or other waste generated
outside of the Borough of Peapack and Gladstone in any public waste
receptacle of the Borough of Peapack and Gladstone or in any private
receptacle subject to collection and disposal by the Borough of Peapack
and Gladstone or its duly authorized contractor for such purposes,
except that it shall not be illegal to deposit small amounts of garbage,
trash, rubbish or litter generated locally or in the course of travel,
such as newspaper, food, retail beverage and food containers and wrappings
and other similar items, in public waste receptacles.
e.
No person shall deposit household or commercial garbage in the public
waste receptacles of the Borough of Peapack and Gladstone, except
as otherwise provided by law.
[Ord. No. 707 § III]
a.
Any person or other entity that violates or neglects to comply with
any provision of this section shall, upon conviction thereof, be subject
to a maximum penalty of one or more of the following: imprisonment
in the County jail for a term not exceeding ninety (90) days; or of
a fine not exceeding one thousand ($1,000.00) dollars; or by a period
of community service not exceeding ninety (90) days.
[Ord. No. 728 § 4-5.1]
No person shall be drunk or intoxicated in, on, or near or about
any public or private place within the Borough to the annoyance of
or danger to any other person or against the peace of the Borough.
[Ord. No. 728 § 4-5.2]
No person or persons, whether owner, tenant, occupant or guest
shall suffer or take part in any drunken, riotous or other disorderly
conduct that shall disturb the peace and quiet of any family or neighbor,
or any of the inhabitants of the Borough.
[Ord. No. 728 § 4-5.3]
No person shall disturb the peace by uttering loud and offensive
or profane or indecent language in any public street or other public
place, public conveyance or place to which the public is invited.
[Ord. No. 728 § 4-5.4; Ord. No. 975]
a.
No person shall make, continue or cause to be made or continued or
suffer any animal under his or her control to make, continue or cause
to be made any loud, disturbing, unnecessary or unusual sound or noise
which does or is likely to annoy, disturb, injure or endanger the
comfort, repose, health, peace or safety of others unless the making
and continuing of the same be necessary for the protection or preservation
of property or of the health, safety, life or limb of some person
or persons.
b.
Without limiting the generality of paragraph a of this subsection,
the following act(s) are hereby declared to be examples of loud, disturbing
and unnecessary noise in violation of this subsection:
1.
Radios, Television Sets, Musical Instruments, Sound Amplifiers. Using,
operating, playing or permitting the use, operation or playing of
any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or with louder volume than is necessary
for convenient hearing for persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. It shall be prima facie evidence of a violation of this
section if the sound is clearly audible at a distance of one hundred
(100') feet from the building, structure or vehicle in which the sound
originates or is located.
[Ord. No. 728 § 4-5.5]
No person shall intentionally appear on any street, avenue,
road, highway or other public place in a state of nudity, or make
any indecent exposure of his or her person, or commit or cause to
be committed, or participate in the commission of any lewd or indecent
act or behavior.
[Ord. No. 728 § 4-5.6]
No person shall urinate or defecate on any street, avenue, road,
highway or other public place or place which is visible to the public.
[Ord. No. 728 § 4-5.7]
No person shall destroy, deface, damage or injure property not
belonging to him or her.
[Ord. No. 728 § 4-5.8]
No person shall cast, shoot or throw anything at, against or
into any vehicle, railroad car, airplane or other facility of transportation
or shall place any stick, stone or other substance upon any railroad
track with intent to injure any car passing thereon, or the passengers
therein.
[Ord. No. 728 § 4-5.9]
No person shall place or throw or suffer or permit the depositing
of any stone, sticks, glass, snow or ice or any hard, dangerous or
offensive substance upon any street, avenue, road, highway or other
public thoroughfare, including snow removed from private parking lots
and driveways; nor shall any person throw any such object or substance
at, upon or against any person, vehicle of transportation, building
or other structure.
[Ord No. 728 § 4-5.10]
No owner or occupant of property shall permit any private snow
plower employed or retained by him or her to deposit snow from private
driveways or parking lots on any street, avenue, road, highway or
public thoroughfare.
[Ord. No. 728 § 4-5.11]
No person shall obstruct any street, avenue, road, highway,
alley or public place with any kind of vehicle or vehicles or with
box or boxes, lumber, wood or any other thing.
[Ord. No. 728 § 4-5.12]
No person shall throw, drop or otherwise place any paper, bottles,
trash, garbage, refuse or debris of any nature upon a road or highway
or other public lands or on any private land without the permission
of the owner.
[Ord. No. 728 § 4-5.13]
No person shall, by word, act or other means, knowingly give
or cause to be given a false fire alarm or false police alarm.
[Ord. No. 728 § 4-5.14]
No person shall knowingly remove, deface or alter any notice
posted pursuant to law and forbidding trespassing.
[Ord. No. 728 § 4-5-15]
No person shall discard or abandon in any public or private
place accessible to children, whether or not such children are trespassers,
any refrigerator or icebox having a capacity of one and one-half (1-1/2)
cubic feet or more, with an attached lid or door which may be opened
and fastened shut by means of an attached latch, or being the owner,
lessee or manager of such place, shall knowingly permit such abandoned
or discarded refrigerator, icebox or chest to remain there in such
condition.
[Ord. No. 728 § 4-5.16]
No person shall set off any bomb, firecracker, fireworks, torpedo
or other fireworks, or discharge any gun, pistol, cannon, or other
firearm or explosive in and about any public or private place within
the Borough of Peapack and Gladstone, without the written permit of
the Borough Council, provided, however, that this subsection shall
not apply to any peace officer while in the performance of his duty
or to any person lawfully engaged in hunting game, with properly licensed
firearms, within the Borough limits.
[Ord. No. 728 § 4-5.17]
Any person violating this section shall be liable, upon conviction, to the penalties as stated in the Code of the Borough of Peapack and Gladstone, Chapter 1, Section 5.
[Ord. No. 762; Ord. No. 771 § 1]
By virtue of the authority vested in the local Governing Body
by N.J.S.A. 40:61-1(f), the following rules and regulations are hereby
established for park property owned by the Borough:
a.
The following activities are prohibited on any park premises:
1.
Horseback riding.
2.
Except for automobiles entering and exiting from designated parking spaces, the riding of motorized vehicles (including, without limitations, motorcycles, motorized bicycles, motorized scooters and mopeds but excluding motorized aids to the handicapped, e.g., motorized wheelchairs) is prohibited on any park property owned by the Borough. Any automobile permitted to be operated in any such public park in accordance with this section must comply with all other requirements as set forth in this section. Anyone operating a motor vehicle in violation of any of the provisions of this section shall be subject to the penalties as set forth in § 4-6.2 herein.
[Amended 9-13-2022 by Ord. No. 1117-2022]
3.
Fires of any kind, except upon the issuance of a written permit by
the Fire Inspector. Such permits may be issued for fires contained
in barbecues, grills, braziers or other such apparatus, or under such
other conditions as the Fire Inspector may prescribe, provided the
applicant demonstrates to the satisfaction of the Fire Inspector that
there will be adequate adult supervision and that the fire will not
present a danger to persons or property. The applicant shall agree
to be responsible for any damage to persons or property which may
result directly or indirectly from the fire and shall otherwise comply
with all statutes, rules, regulations and ordinances of the State,
County and local government.
4.
Except as otherwise permitted by the Borough Council the possession
or consumption of intoxicating liquor on park premises or the presence
on park premises while under the influence of intoxicating liquor
is prohibited. The Borough Council may grant special permission to
possess and consume liquor in the park.
5.
No person shall cause, permit, allow or suffer any dog owned by or
under the custody and control of said person, to run or be at large
on park premises without having the dog attached to and under the
control of a restraining lead or leash no more than eight (8') feet
in length.
6.
No person shall hunt, wound, molest, trap, chase, shoot or throw
any projectile at any animal or bird in or above park premises.
7.
No person
shall enter upon, use, occupy, remain in or upon any portion of park
property owned by the Borough except between the hours of 6:00 a.m.
and 9:00 p.m.
[Added 9-13-2022 by Ord. No. 1117-2022]
8.
Parking
of motor vehicles on any park property owned by the Borough, except
in designated parking spaces, is prohibited.
[Added 9-13-2022 by Ord. No. 1117-2022]
9.
No person shall leave a vehicle parked, stopped or standing in a designated parking space on any park property owned by the Borough except between the hours of 6:00 a.m. and 9:00 p.m., and only while that person remains in the park. Any person who shall leave a vehicle parked, stopped or standing in a designated parking space on any park property owned by the Borough after that person leaves the park in which the vehicle is located shall be in violation of this provision and shall be subject to the penalties as stated in § 4-6.2 herein. No parking is permitted in the park between the hours of 9:00 p.m. to 6:00 a.m.
[Added 9-13-2022 by Ord. No. 1117-2022]
b.
In any and all waters located on park premises:
1.
There shall be no swimming, bathing or wading.
2.
There shall be no boating of any kind without first obtaining a written
approval from the Governing Body. An applicant for such approval shall
demonstrate to the Governing Body sufficient maturity and skill to
handle the equipment in a manner necessary for safe boating.
c.
On any and all frozen waters located on park premises:
1.
Skating shall be prohibited whenever signs indicating "No Skating"
are posted.
2.
Those entering onto frozen waters do so at their own risk.
3.
No dogs shall be permitted on the ice.
4.
No vehicles of any kind, including, without limitation, bicycles,
motorcycles, mopeds, skateboards and carriages, but excluding such
vehicles as are necessary for Borough employees to maintain the ice,
shall be permitted on the ice.
5.
Those skating or otherwise on the ice shall conduct themselves in
a safe manner so as to not infringe upon the safety or safe use of
the ice by others. Skaters shall skate under control and at reasonable
speeds and, while the playing of hockey is permitted, it may only
be played in designated locations removed from recreational skaters.
[Ord. No. 771 § 2]
[Ord. No. 771 § 3]
A copy of the aforesaid rules and regulations shall be posted
conspicuously in all places where effective.
[Ord. No. 895]
The Somerset County Park Commission hereby establishes the following
regulations to ensure public safety and pleasure, as well as the protection
and control of the parks, and all facilities contained within and
upon property controlled by the Somerset County Park Commission.
[Ord. No. 895]
a.
BOROUGH, CITY, TOWN, OR TOWNSHIP, OR BOROUGH
BRIDLE PATH OR EQUESTRIAN TRAIL
DUSK
MUNICIPALITY
OFF-ROAD VEHICLES
OFFICIAL OPENING
OWNER
PARK COMMISSION OR COMMISSION OR SCPC
PARK RANGER OR RANGER
PARKING PLACE
PATH
PEDESTRIAN
PERMIT
PERSON
PRIVATE ROAD OR DRIVE
REGULATIONS
RIGHT-OF-WAY
SAFETY ZONE
SECRETARY-DIRECTOR
SOMERSET COUNTY PARKS OR PARKS, PARKWAYS, PARK AREAS, RECREATION
AREA, GOLF COURSE, RESERVATION, PRESERVE, FACILITY
STOPPING OR STANDING WHEN PROHIBITED
TRAFFIC
VEHICLE
WALK, WALKWAY OR PATH
Definition of Terms. Whenever used in any Somerset County Park Commission
Regulations, the following respective terms, unless otherwise therein
expressly defined, shall mean and include each of the meanings herein
respectively set forth:
Shall mean, respectively any borough, city, town, township
or borough within which any portion of said park system is situated.
Shall mean any path maintained for equestrians.
Shall mean sunset.
Shall mean, respectively, any township or borough within
which any portion of said park system is situated.
Shall mean any powered vehicle designed for cross-country
travel on or immediately over land, water, sand, snow, ice, marsh,
swampland, or other terrain which would include, but not limited to,
such vehicles as all terrain vehicles, dirt bikes, snowmobiles, amphibious
and air cushion vehicles; except those vehicles utilized for fire,
emergency or law enforcement purposes and any vehicle whose use is
expressly authorized by the Commission.
Shall mean the time when gates, entrances or doors to facilities
are opened to allow entrance to the public. Signs indicating an opening
time are posted.
Shall mean any person, firm, association, corporation or
entity owning, operating or having the exclusive use of a vehicle,
under a lease or otherwise.
Shall mean the Somerset County Park Commission, or its authorized
representative R.S. 40:37:95.1-25
Shall mean any person employed by the Commission as a Somerset
County Park Ranger.
Shall mean any part of the drive or space designated as a
place for the standing of vehicles.
Shall mean any footpath, walk, or any path maintained for
pedestrians.
Shall mean a person afoot.
Shall mean any written license issued by or under the authority
of the Commission, permitting a special event or activity on park
facilities and grounds.
Shall mean any person, corporation, company, LLC, association,
joint stock association, firm or entity.
Shall mean every road or lane or driveway not open to the
use of the public in general.
Shall mean any regulation duly adopted, posted, and published
by the Somerset County Park Commission.
Shall mean the privilege of the immediate use of the roadway,
drive, and path.
Shall mean any space (within a drive) established for pedestrians.
Shall mean the Director of the Somerset County Park Commission.
Shall mean all the real property acquired by or under the
jurisdiction and care of the Somerset County Park Commission; or which
may be hereafter acquired by it or come under its jurisdiction.
Shall mean any cessation or movement of a vehicle occupied
or not except when necessary to avoid conflict with other traffic;
including horses.
Shall mean pedestrians, ridden animals, vehicles, either
singly or together, while in the confines of the parks jurisdiction.
Shall mean any motor vehicle; any vehicle propelled by muscular
or other power.
Shall mean any path maintained for pedestrians.
[Ord. No. 895]
In the interpretation of the Somerset County Park Rules and
Regulations, their provisions shall be construed as follows:
a.
Any term in the singular shall include the plural.
b.
Any term in the masculine shall include the feminine and neuter.
c.
Any requirement 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 in line of duty or work
as such, or by any person, his agents or employees, in the proper
and necessary execution of the terms of any agreement with the Commission.
e.
Any act otherwise prohibited by Federal, State, County or local law
or local ordinance shall be lawful if performed, under, by virtue
of and strictly within the provisions of a permit to the extent that
it thereby authorizes such act.
[Ord. No. 895]
All Somerset County Park Commission Rules and Regulations shall
be effective within all parks, under the administration of the Somerset
County Park Commission and regulate the use thereof by all persons.
[Ord. No. 895]
a.
Advertising. No person shall post, paint, affix, distribute, handout,
deliver, place, cast or leave about, any bill, billboard, placard,
ticket, handbill, circular, or advertisement or any of the following
without written permission of the Commission. Accordingly, any person
who has not received written permission from the Commission shall
not be permitted to:
1.
Display any flag, banner, transparency, target, sign, placard, or
any other matter for advertising purposes.
2.
Operate any musical instrument or soundtrack for advertising purposes
or for the purpose of attracting attention to any exhibition, show
performance or other display.
3.
Conduct public speeches or rallies.
b.
Soliciting. Solicitation for any purpose, by a person or group is
prohibited.
c.
Domesticated Animals and Wildlife.
1.
Domesticated Animals. No person shall cause or permit any animal
owned by him, in his custody or under his control, to roam unconstrained,
with the exception of supervised dogs within the confines of the Commission
designated area of the park.
(a)
Dogs and cats must be restrained by a leash of up to six (6')
feet in length, and kept under control at all times.
(b)
No person shall ride, drive, or lead a horse unless it is well
broken and constantly held in such control that it may be easily or
quickly turned and stopped.
(c)
Horses may not be left unbridled or unattended in any unenclosed
area without being securely fastened.
(d)
No horse shall be driven, ridden or led, in the parks except
at such locations designated for this purpose by the Commission.
2.
Wildlife.
(a)
No person shall feed, hunt, harm, kill, wound, trap, take, chase,
throw objects at, or intentionally disturb, remove, or have in his
possession any animal, reptile or have in his possession, sell, or
give away any such animal, reptile, bird or eggs so taken.
(b)
No person shall fish in any of the park waters, unless adhering
to rules and regulations established by New Jersey Division of Fish
and Game.
(c)
No person shall kill, wound, discharge, harm or intentionally
disturb any fish in such waters; or place therein any piscivorous
fish, poison or any other substances injurious to fish.
(d)
No person shall dispose/drop off wildlife.
d.
Disorderly Persons and Conduct - N.J.R.S. 2A:170-1 to 96.
1.
No person or group of persons shall engage in such loitering conduct,
which will obstruct, molest or interfere with any person lawfully
enjoying the park.
2.
No person shall engage in such loitering conduct as will clearly
cause an immediate, actual, physical violent reaction from any person,
or persons, which violent reaction will cause a threat to the peace
and order of the public.
3.
No person or any group of persons shall engage in such loitering
that obstructs the free passage of pedestrians at or near any walkway,
pathway, building, parking lot or vehicle.
4.
No person shall use threatening, abusive, boisterous, insulting or
indecent language or gestures within the park or recreation area.
5.
No person shall appear in the park in a state of nudity or commit,
perform, or engage in lewd, lascivious, obscene, illicit, carnal or
indecent act or behavior, and no person shall make any indecent exposure
of his or her person.
6.
No person shall climb or stand upon any wall, fence, shelter, seat,
statue or other erection.
7.
No person shall litter in the park, or deposit on the ice or in the
ponds any matter that would tend to damage the ice for skating or
pollute the ponds. Recycling shall be in effect in all parks.
8.
No person shall fail to obey or interfere with a Ranger in the proper
performance of his duties.
9.
No person shall remove or open permanent or temporary barriers, signs,
directionals, gates or fences.
10.
No person shall bring, carry or cause to be brought into the parks
and recreation areas any glass bottles or other glass containers except
upon special written permission of the Commission.
11.
No person shall be allowed to remain inside the park or recreation
area who does not abide by the conditions adopted and posted by the
Commission for the preservation of good order and the protection of
property within the park and recreation area.
12.
No person shall resist any Ranger, agent or officer of the park or
Commission in the discharge of their duty. Any person directed to
leave the park or recreation area by a Ranger or Commission agent
or representative shall do so promptly and peaceably.
e.
Fireworks and Explosives. No person shall have in his possession,
bring into, or discharge in the park, any explosives, firecrackers,
torpedoes, rockets, or other fireworks, including any substance, compound,
mixture, or article having properties of such a character that alone
or in combination or conjunction with other substances or compounds,
may decompose suddenly and generate sufficient heat, gas or pressure,
of any or all of them to produce rapid flaming, combustion, or administer
a destructive blow to surrounding objects.
f.
Firearms, Weapons, and Tools. No person shall discharge any weapon
or firearm within or into the park or recreation area. Concealed weapons
according to N.J.R.S. 2A:151-41 to 43 are not allowed. Accordingly,
no person shall bring into or have in his possession:
1.
Any pistol or revolver or objects upon which loaded or blank cartridges
may be used.
2.
Any tools, instruments, skeleton keys, picklocks, jimmies or other
things known as burglar tools, except when authorized by law.
3.
Any rifle, shotgun, air gun, spring gun, slingshot, bow, or other
instrument or weapon in which the propelling force is a spring or
air, excepting the lawful uses of such weapons at places and times
prescribed by special permission of the Commission.
g.
Fires. No person shall kindle, build, maintain or use a fire, except
in places provided for such purposes unless a permit has been issued.
1.
All fires shall be continuously under the care and direction of a
competent adult person from the time it is kindled until it is extinguished.
2.
No fire shall be built within ten (10') feet of any tree or building
or beneath the branches of any tree or in any underbrush.
3.
No cigar, cigarette, lighted match, charcoal or flammable material(s)
shall be discarded carelessly or in a manner that may start a fire.
h.
Operating Hours. The Park Commission reserves the right to establish
operating hours, as well as the closing of park areas specifically
to address use and maintenance issues. Trail systems may be closed
and rested, even rerouted for a number of years, if necessary, when
degradation symptoms become evident. Some activities and uses may
be restricted or prohibited in the interest of public safety or natural
resource protection.
i.
Opening Hours. All park areas will open at one-half (1/2) hour prior
to sunrise as defined by the U.S. Weather Bureau for the Somerville
Area unless otherwise specified or designated by signs.
j.
Closing Hours. All parks will close one-half (1/2) hour after sunset
as defined by the U.S. Weather Bureau for the Somerville area except
where and when specific closing hours are designated.
k.
Vending. No person shall sell or offer for sale any object(s), merchandise,
or other items, within the parks, without obtaining a special permit
from the Commission.
l.
Minors. No parent or guardian or custodian of any minor shall permit
or allow him to do any act prohibited by any Somerset County Park
Ordinance.
m.
Urinating or Defecating. No person shall urinate or defecate except
in facilities provided for such use.
n.
Changing/Disrobing in Unauthorized Areas. No person shall change
in or out of any clothing or bathing attire except in areas designated
or customarily provided for such use.
o.
Spitting. No person shall spit within the park system except into
sinks, containers or materials customarily provided for such purposes,
and any such spitting which is allowed shall be disposed of in a sanitary
manner.
p.
Tobacco. No person shall smoke cigarettes, cigars or other tobacco
products where the smoking of such tobacco products is prohibited
by the Park Commission.
q.
Camping. No person shall erect or maintain a tent or shelter and/or
camp in any area except in designated sites provided for such usage
and within the occupancy limit approved for each site. (Any persons
visiting such campers must leave the park area by the time of park
closing.)
r.
Alcoholic Beverages.
1.
No person shall drink, take, use or have in their possession or be
under the influence of any intoxicating liquors, opiates, or narcotics
on or within the park or recreation area.
2.
No person intoxicated by alcohol, drugs or narcotics, shall be allowed
to either enter or remain in the park or recreation area.
3.
The Commission may designate specific areas for use for, or approve
special events where alcoholic beverages may be consumed.
[Ord. No. 895]
a.
Motor Vehicle Act and Traffic Laws. All the provisions of the New
Jersey State Motor Vehicle Act and Traffic Laws shall apply in the
parks and shall be strictly enforced with such further restrictions
as may be hereinafter stated.
b.
Vehicles Where Prohibited. No person shall ride or drive any type
of vehicle within or upon a walk, bridle path, or any part of the
park not designated or customarily used for such purpose except or
unless authorized by a specific permit issued by the Park Commission.
c.
Obeying Officers. When a Park Ranger is directing traffic, all drivers
of vehicles and pedestrians shall obey his orders and directions whether
by hand, voice, or other manner.
d.
Parking.
1.
No owner or driver shall park any vehicle anywhere outside of designated
parking spaces, or leave the vehicle parked anywhere on Park Commission
property after sunset except at such times and in such places as the
Park Commission may designate. Any vehicle parked -or standing as to obstruct or impede a normal flow of traffic; blocking
entrances or exit ways, loading zones, oil or gas fills, any grass
area, fire zone, pedestrian walkways, after dusk or presenting in
any way a safety or traffic hazard, may be removed by towing. The
cost of towing and storage shall be borne by the owner and shall be
paid before regaining possession of the vehicle.
2.
No person shall use any portion of the park or recreation area for
a purpose of way, except drives, parking areas, roadways, paths, walks,
and trails established for such purpose by the Commission. Footpaths
or walks established for pedestrian travel shall not be used for vehicular
travel. The use of mopeds or motorized bikes will be limited to roadways,
drives, and parking areas as established and open to all other vehicular
traffic.
3.
No person shall drive or propel, or cause to be propelled, along
or over any road within the park or recreation area, any vehicle at
any rate of speed greater than twenty-five (25) miles per hour or
the limits as established by the Somerset County Park Commissioners
and/or municipality (i.e. Colonial Drive) indicated by speed limit
signs erected along the right-of-way.
4.
No person shall drive or propel, or cause to be propelled, along
or over any road within the park or recreation area, any motor vehicle
in a careless manner or in a manner to endanger the life, limb, or
property of pedestrians, or the drivers or occupants of other vehicles,
or any other person within the park or recreation area. The motor
vehicle operator, and the vehicle being operated, must be in compliance
with New Jersey State Motor Vehicle License and Safety Laws.
[Ord. No. 895]
The following activities are permitted only at times and in
areas so designated for that purpose by the Commission and are otherwise
prohibited within the parks:
a.
Swimming, bathing, wading in rivers or ponds;
b.
Ice skating, sledding, skiing;
c.
Model airplane flying;
d.
Boating on ponds/water bodies;
e.
Horseback riding;
f.
Golfing;
g.
Archery;
h.
Snowmobiling;
i.
Mini bikes and other vehicles;
j.
Mechanical sound amplification.
All persons using the facilities of the Commission must obey
the posted rules and regulations established for the proper, effective,
and safe utilization of the said facility.
[Ord. No. 895]
a.
Natural Resources and Vegetation. It shall be unlawful for any person
to:
1.
Discharge any foreign or waste substance in any lake, river, lagoon,
or stream that may or shall result in the pollution of said waters.
2.
Throw, deposit or leave litter in the park or recreation area, except
in the designated receptacles provided.
3.
No person shall excavate, pick, destroy, deface, remove, fill-in,
cut or create any disturbance to vegetation without specific permission
from the Commission.
b.
Defacing or Destruction of Property. No person shall injure, deface,
cut out, displace, remove, fill in, raise, destroy, excavate, tamper,
or create any disturbance to property contained within the park or
the recreation area whether it be natural or manmade.
No artifact or any other organic or inorganic material may be
removed from any historical area of the park.
c.
Rubbish and Refuse Matter. No person shall take into, carry through,
leave in, or throw, cast, lay, drop or discharge into or on, or suffer
or permit any servant, agent, employee or person, in his or her charge,
to do the same, into or on said parks, any rubbish, refuse, garbage
or other materials.
[Ord. No. 895]
A permit authorizing a person or organization to hold a meeting,
athletic event or otherwise use a facility of the Commission for any
special event may be granted upon receipt and review of a written
application to the Commission. The Commission is not deemed to have
approved the permit request until the applicant is in receipt of such
approval in writing, at least seven (7) days prior to the event. All
conditions of the permit approval must be adhered to. Any violation
of the terms and conditions, rules, regulations, or falsifications
shall constitute grounds for revocation of the permit by the Commission
or its authorized representative.
a.
Requests to utilize facilities for events must be received by a set
minimum number of days in advance of the requested date, ranging from
a minimum of fourteen (14) days for picnics to forty-five (45) days
for special events. An area can be permitted for a maximum of twelve
(12) consecutive days.
b.
No event will be permitted on any Park Commission property unless
a written permit has been granted by the Park Commission. The permittee
must have the original approved permit in his/her possession at the
site and time of the event.
c.
Permit applicant may be asked to provide satisfactory evidence of
liability and personal property damage insurance in the aggregate
amount of at least one million ($1,000,000.00) dollars combined single
limit.
d.
A permit will only be issued upon receipt of the signed Confirmation
of Reservation Request, all applicable fees, and required documents.
e.
Permits will be issued in accordance with Somerset County Park Commission
established maximum carrying capacity limits.
f.
The Park Commission reserves the right to void or alter a permit
when it is in the best interest of the health, safety or welfare of
the general public.
g.
Admission fees may not be charged within the park system.
h.
Any and all concessions associated with an event must be approved
in advance, in writing, by the Commission. All food concessions must
have a permit granted by the respective municipality's Health Department
in which the event will be conducted, in addition to the Park Commission
Permit. Both permits must be displayed.
i.
Tents and/or temporary structures must have a permit granted by the
respective municipality's Fire, Building or Safety Departments in
which the event will be conducted.
j.
Amusement rides/games are prohibited within the park system.
[Ord. No. 895]
Any person violating any provision of these Rules and Regulations
shall forfeit and pay a fine or penalty therefor, not exceeding five
hundred ($500.00) dollars for each offense or less than twenty-five
($25.00) dollars as may be fixed by the court in its discretion within
said limits. In addition to any penalties provided thereof, restitution
for the cost of labor can be ordered by the Judge or Magistrate.
[Ord. No. 895]
All regulations or parts thereof and all amendments thereto,
heretofore adopted inconsistent with these amendments are hereby repealed.
The foregoing repeal shall not affect or impair any act done, offense
committed, right accruing or acquired or liability, penalty, forfeiture
or punishment incurred prior to the time these regulations take effect;
but the same may be enjoined, asserted, enforced, prosecuted or inflicted
as fully and to the same extent as if these amendments to the regulations
have not been adopted.
[Ord. No. 895]
The invalidity of any of the aforesaid rules and regulations
shall not affect the validity and enforceability of the remaining
rules and regulations. These regulations shall take effect after final
adoption, and publication according to the law shall be made in at
least two (2) newspapers circulating the County of Somerset once,
commencing not later than seven (7) days after adoption by the Somerset
County Park Commission. If any section, paragraph, subdivision, clause
or regulations thereof shall be adjudged invalid, the remainder of
the regulations shall not thereby be invalidated but shall continue
in full force and effect.
[Ord. No. 895]
a.
In addition to the General Park Rules and Regulations described herein,
this paragraph provides for Specific Rules and Regulations which have
been duly adopted and are fully enforceable on a location and facility
basis.
1.
No person shall fail to comply with any site-specific rules that
have been adopted and promulgated by the Park Commission.
2.
No person shall fail to comply with any temporary restrictions that
have been approved by the Park Commission or its designee to which
adequate notice to the public has been given.
3.
Any person who fails to comply with either a site-specific rule or
temporary restriction may be directed to leave the park system and
may be subject to further penalties as determined by the Park Commission
or local or State statute or regulation.
b.
The following park facilities and locations have specific Rules and
Regulations:
1.
Buck Garden;
2.
Colonial Park Gardens;
3.
Colonial Park Leash-Free Dog Area;
4.
Environmental Education Center;
5.
Lord Stirling Stable;
6.
Green Knoll Golf Course;
7.
Green Knoll Tennis Center;
8.
Quail Brook Golf Course;
9.
Spooky Brook Golf Course;
10.
Warrenbrook Golf Course;
11.
Warrenbrook Pool;
12.
Neshanic Valley Golf Course;
13.
Athletic Field Permits;
14.
Dog and Horse Show Permits;
15.
Natural Area Permits;
16.
Picnic Permits;
17.
Rocket Launch and Flying Field Permits;
18.
Public Assembly Area Permits;
19.
Showmobile Permits.
[Ord. No. 2017-1043]
This section may be cited as "The Borough Recreational Facilities
Use Ordinance" of the Borough of Peapack and Gladstone.
The purpose of this section is to offer access and guidelines
on use of recreational space owned by the Borough of Peapack and Gladstone.
As used in this section:
Shall mean the Borough of Peapack and Gladstone.
Shall mean any formal sporting, athletic or physical activity,
league or event organized and run by or with the approval of the Recreation
Director or Borough Council in accordance with this section.
Shall mean the use of Borough recreational facilities by
an individual or business for commercial use, such as sports camps
and classes.
Shall mean a form of physical activity.
Shall mean the appointed set of resident volunteers and one
paid Recreation Director who serve on a board with the intent of promoting
the use and availability of recreational programs in the Borough.
Shall mean the paid position in the Borough under which formal
recreational programs are managed.
Shall mean a designated physical space where recreation may
occur, including fields, indoor gyms, and outdoor play spaces.
Shall mean an individual living in the Borough and able to
demonstrate a mailing address in the Borough and current utility statement
for that address.
a.
The Borough's Recreation Commission is hereby authorized to set and
manage rules and regulations regarding Borough Recreation Programs
that are clearly advertised to all residents through a public method
of notification, are staffed through the Recreation Commission, and
will take place on approved Borough recreational facilities.
b.
The Recreation Director shall publish a calendar of Recreation Programs
quarterly, including key dates, hours of operation, and facilities
used.
c.
Any coaches or individuals engaged in managing or coaching a Recreation
Commission program must demonstrate the completion of required safety
training, as determined by the State of New Jersey.
a.
Borough residents are authorized to use available recreational facilities
on the condition of:
1.
Availability of indoor and outdoor recreational facilities. Space
must not be previously reserved for use by the Recreation Commission
for any Borough recreational facility. In the event a space is limited
to hours of operation, a sign will be posted to inform of the hours
of availability. Recreational use of the indoor gymnasium by residents
is allowable during posted hours of operation and at the discretion
of the Borough Administrator.
2.
Gym Usage by Residents. Subject to the terms of this section, Borough
residents may use the Borough's indoor gymnasium during the hours
that the Borough Hall and gymnasium are open for such use, and provided
that the gymnasium is not already reserved or in use at that time.
Any Borough resident intending to utilize the indoor gymnasium must
first sign in on the applicable sign-in sheet, and must comply with
all regulations as set forth in this ordinance and as otherwise provided
by the Borough Recreation Director, Recreation Commission and the
Borough Administrator. No one under the age of sixteen (16) years
old may use the Borough's indoor gymnasium without adult supervision.
3.
Damage. Use of space must be free of damage to Borough facilities,
including but not limited to the breaking of sports equipment, breaking,
interfering with or otherwise tampering with any Borough property
or equipment, and improper use and disposal of food and beverages
as noted at each recreational facility. Within the gymnasium, individuals
may not use any objects that may damage lighting and other facilities.
This includes the use of lacrosse balls, hard baseballs and soft balls,
and tennis balls or any other ball or implement that may cause damage
to Borough property or equipment.
4.
Personal Liability. Per the Borough's policy on personal liability,
all individuals participating in organized activities at Borough recreational
facilities must agree to and voluntarily sign a Waiver of Liability
and Indemnification form, which form shall be available through the
Borough Administrator.
The Borough Council shall adopt rules and regulations concerning
hours of operation and the general use and operation of all recreational
facilities, both indoor and indoor. The posting of rules and regulations
shall be the responsibility of the Recreation Commission or the Borough.
The following rules apply to all Borough recreation areas:
1.
No person is permitted in the areas when closed, except by special
permit.
2.
The areas are closed sunset to sunrise, except where noted.
3.
Glass beverage containers and bottles are prohibited.
4.
Only water is permitted in the Borough gymnasium.
5.
Possession or consumption of alcoholic beverages is prohibited.
6.
Where provided, trash receptacles will be used only for refuse generated
on the premises. No littering or trash disposal other than as set
forth herein shall be permitted.
7.
No camping or open fires are permitted.
8.
No pets or domesticated animals are allowed in any internal recreation
facilities. In outdoor facilities, dogs must be leashed and under
positive control. All persons bringing pets or domesticated animals
onto the Borough's outdoor facilities must properly clean up after
those animals and shall remove all such animal waste from Borough
recreational facilities.
9.
There shall be neither removal of nor disturbance to vegetation,
soil, stones, signage, structural improvements, or any object or material
that is intrinsic to the sites, including historic or archeological
artifacts, unless authorized by the Borough.
10.
No person or activity shall interfere with any official activities
by municipal elected or appointed officials or Borough employees,
in conjunction with the execution of their responsibilities.
1.
Paid Recreational Use of borough facilities by a non-resident or
group shall be at the discretion of the Borough Administrator, and
upon approval by the Governing Body of the Borough.
2.
Any applicant approved to use a Borough facility as set forth in
this Paid Recreational Use of Borough facilities section shall be
required to agree to and sign a Hold Harmless agreement, and to provide
proof of insurance to the Borough Administrator before use of said
facility, in the amounts as set forth in the applicable Hold Harmless
agreement made available through the Borough Administrator.
[Ord. No. 853 § I]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Peapack and Gladstone, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 853 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 853 § III]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Peapack and Gladstone, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers).
[Ord. No. 853 § IV]
[Ord. No. 853 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed one thousand
two hundred fifty ($1,250.00) dollars.
[Added 10-24-2023 by Ord. No. 1128-2023]
As used in this section, the following terms shall have the
meanings indicated:
Animals of any species living in an unsocialized or wild
state.
Cats which roam outdoors. They may be outdoor cats with an
owner, stray cats, or feral cats.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
[Added 10-24-2023 by Ord. No. 1128-2023]
No person shall feed or attract any feral animal or free-roaming
cat on any property, whether public or private.
[Added 10-24-2023 by Ord. No. 1128-2023]
[Added 10-24-2023 by Ord. No. 1128-2023]
Any duly licensed hunter in possession of a valid license during
the lawful hunting season for a specific species of animal may feed
or attract that species of wild or feral animals to be hunted, so
long as such practice is permitted by and in a manner consistent with
the hunting regulations then in effect as promulgated by the N.J.
Department of Environmental Protection, Fish & Wildlife Agency.
[Added 10-24-2023 by Ord. No. 1128-2023]
Any person who violates or fails or refuses to comply with this
section shall be liable to a penalty of not less than $25 per day,
nor more than $500 per day, for each day that the violation exists.
Violations shall be prosecuted in the Municipal Court for the Borough.
[Ord. No. 902 § 1]
No person shall park a motor vehicle in a front or side yard
of any property in the Borough of Peapack and Gladstone unless the
vehicle is fully on an existing driveway.
