[Ord. No. 296 § 1]
This chapter shall be known as the "Park and Recreational Area
Regulations of Maurice River Township."
[Ord. No. 296 § 2]
While in a public park or recreational area, all persons shall
conduct themselves in a proper and orderly manner, and in particular,
all persons shall:
a. Use
and maintain restrooms and washrooms in a neat and sanitary condition.
No person over the age of six (6) years shall use the restrooms or
washrooms designated for the opposite sex.
b. Swim,
bathe or wade only in bodies of water or waterways and at such places
in or adjacent to any park as are provided for such activities. No
person shall frequent any waters or places customarily designated
for the purpose of swimming or bathing when such activities are prohibited
by the Recreation Committee.
c. Fishing
will be only in designated areas.
d. Obey
the rule of "First come, first serve" at all sites and in connection
with all facilities in any park or recreational areas, unless the
Recreation Committee authorized use of such a facility or area at
a designated time by written permission as provided for herein. Attendants
shall have the authority to regulate activities and use of facilities
in such areas when necessary to prevent congestion and to secure maximum
use for the comfort and convenience of all. Visitors shall comply
with any directions given for this purpose. Use of any facility shall
be reasonable as to area and in length of time in relation to the
number of persons desiring to use such facilities, and no person shall
arbitrarily or unreasonably exclude or prevent other persons from
using such facilities.
e. Utilize
any facility or area of a park or recreational area for other than
the designated use of the facility or area. Participating in or abetting
the playing of any games involving thrown or otherwise propelled objects
such as balls, stones, arrows, horseshoes, quoits, or model airplanes
shall be in those areas set apart for such forms of recreation. The
playing of rough or comparatively dangerous games such as football,
baseball, lacrosse and hockey shall only be allowed on the fields
and courts or areas provided therefore. Rollerskating and skateboarding
shall be confined to those areas specifically designed for such activity.
f. Pets
or animals shall be restrained at all times on adequate leashes not
greater than six (6) feet in length. Dogs shall not be permitted to
run at large. The riding of horses shall be on designated bridle trails
where permitted. Horses shall be thoroughly broken and ridden with
due care, and shall not be allowed to graze or go unattended, nor
shall horses be hitched to any rack, tree or shrub.
g. Appear
at any place in other than proper clothing so as not to indecently
expose oneself. Nor shall any person dress or undress for any purpose
in any place, vehicle or structure, except in those structures provided
and designated by posted notice for such purpose.
h. Boating
shall be confined to those waters and at such times as are designated
for such purpose by the Recreation Commission. Any person navigating,
directing or handling any boat shall do so in a manner so as to not
unjustifiably or unnecessarily annoy, frighten or endanger the occupant
of any other boat.
i. Picnic
areas shall be kept clean with all trash, refuse, garbage and debris
placed in designated disposal receptacles where provided. If no trash
receptacles are available, but full, then trash shall be carried away
from the park area by the picnicker to be properly disposed of elsewhere.
No person shall leave a picnic fire unattended nor leave a picnic
area before any fire is completely extinguished.
j. Bicycling
shall be confined to areas so designated for such activity and shall
be ridden with all reasonable regard to the safety of others. Bicycles
shall be parked in bicycle racks or other areas when such is provided
and there is space available. No bicycle shall be left lying on the
path, ground, paving or set against trees, or in any place or position
where other persons may trip over or be injured by them.
k. Vehicles
shall be driven and parked only on roads and parking areas so designated
by the Recreation Committee in the manner and at times set forth by
the Committee. Vehicles shall be driven in accordance with posted
directions and/or with the instructions of any authorized attendant
who may be present.
[Ord. No. 296 § 3]
No person in a public park or recreation area shall:
a. Willfully
mark, deface, disfigure, injure, tamper with, displace or remove any
buildings, bridges, tables, fences, benches, fireplaces, grills, railings,
paving or paving materials, water lines, 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, facilities, park property or appurtenances whatsoever,
either real or personal.
b. Construct
or erect 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 by special written permit issued hereunder.
c. Dig
or remove any soil, rock, sand, stones, wood or wood materials or
make any excavation by tool, equipment, blasting or other means or
agency, except with written authorization of the Township Recreation
Committee.
d. Damage,
cut, carve, transplant or remove any tree or plant; or injure the
bark, pick flowers or seed of any plant or tree, dig in or otherwise
disturb grass areas, or in any other way injure the flora and its
usefulness in any area.
e. Climb
any tree or walk, stand or sit on monuments, vases, planters, fountains,
railings, fences or upon any other property not designated or customarily
used for such purposes.
f. Tie
or hitch an animal to any tree or plant.
g. Hunt,
molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or
throw missiles at any animal, wildlife, reptile or bird; nor shall
any person remove or have in his/her possession the young of any wild
animal, or the eggs or nest, or young of any reptile or bird. Exception
to the foregoing shall be made in case of self-defense against snakes,
known to be deadly poisonous, or deadly reptiles.
h. Throw,
discharge or otherwise place or cause to be placed in the waters of
any body of water, natural or man-made, in or adjacent to any park
or any tributary street, 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 the waters.
i. Have
brought in, dump, deposit or leave trash, dirt, bottles, broken glass,
refuse, garbage, debris or other waste materials.
j. Solicit
alms or contributions for any purpose, whether public or private,
unless written permission is granted by the Recreation Committee.
k. Build,
attempt to build or start a fire except in such areas and facilities
and under such regulations as may be designated and set forth by the
Recreation Committee. No person shall drop, throw or otherwise scatter
lighted matches, burning cigarettes, cigars, tobacco paper or any
other inflammable material within any park or on any highways, roads
or streets abutting or contiguous thereto.
l. Have
in his/her possession, or set or otherwise cause to explode, discharge
or burn, any firecrackers, torpedo rockets, or other fireworks, explosives;
or discharge or throw the explosives into any such areas from lands
or highways adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with any other substance
or compound would be dangerous in terms of inflammability and explosion.
Upon proper application, the Recreation Committee may grant permits
for conducting properly supervised firework displays in designated
park areas.
m. Bring
alcoholic beverages, drink same at any time, or be under the influence
of intoxicating liquor in a park or recreational area.
n. Gamble,
or participate in or abet any game or chance except when such game
or chance is authorized by permit of the Recreation Committee.
o. Disturb
or interfere unreasonably with any person or party occupying any area
or participating in any activity under the authority of a valid permit.
p. Expose
or offer for sale any article or object; station or place any stand,
cart, or vehicle for the transportation, sale, or display of any article
or object. Exception is hereby made to this section in connection
with any regularly licensed concessionaire acting by and under the
authority and regulation of the Recreation Committee.
q. Paste,
glue, tack, nail or otherwise post any sign, placard, advertisement,
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any public lands or highways or roads
adjacent to a park.
r. Sleep
or protractedly lounge on the seats, benches or other areas of a park,
or engage in loud, boisterous, threatening, abusive, insulting or
indecent language, or engage in any disorderly conduct or behavior
tending to breach the public peace and welfare.
[Ord. No. 296 § 4]
Except for unusual and unforeseen emergencies, parks and recreational
areas shall be open to the public every day of the year from sunrise
until sunset unless otherwise designated by a rule or regulation of
the Recreation Committee from time to time. The rules and regulations
shall be posted, but failure to post or to keep the same posted shall
not invalidate the rules and regulations. All persons shall obey the
rules and regulations of the Recreation Committee including the hours
for use of any park or recreational area, or part thereof, or for
any activities therein, as designated. Any section, part or facility
may be declared closed to the public by the Recreation Committee at
any time and for any interval of time, either temporarily or at regular
and stated intervals (daily or otherwise) and with entirety or merely
to certain uses, as the Recreation Committee shall find reasonably
necessary.
[Ord. No. 296 § 5]
In order to insure the availability of all park and recreational
facilities to the greatest number of persons, no organized group,
and no unorganized group consisting of more than ten (10) persons,
shall use any area or facilities within any park or recreational area
without first obtaining a permit as provided herein. Other persons
desiring to reserve a park area or facility for a stated time may,
at their option, apply for a permit for this purpose. Permits for
special events or use of particular areas or facilities of a park
or recreational area shall be granted by the Recreation Committee
after submission and review of an application in accordance with the
following:
a. An
applicant seeking issuance of a permit hereby shall file an application
with the Recreation Committee which application shall include but
not be limited to the following:
1. The name and address of the applicant.
2. The name and address of person, persons, corporation, association
or organization sponsoring the activity, if any. If a corporation,
association or organization, the name and address of the President
and Secretary of the organization and relationship of applicant to
the organization.
3. The date and time for which permit is desired.
4. The park or portion thereof for which such permit is desired.
5. The activity to be undertaken or reason for the application.
6. The number of persons anticipated to participate.
7. Any other information which the Recreation Committee shall find reasonably
necessary to a fair determination as to whether a permit should be
issued hereunder.
b. Standards
for issuance of a use permit by the Recreation Committee shall include
the following findings:
1. That the proposed activity or use of the park or recreational area
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
2. That the proposed activity and use will not unreasonably interfere
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
3. That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
4. That the proposed activity will not entail extraordinary or burdensome
expense or police operation by the Township.
5. That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equalling the organization's
reasonable expectation of expenses to be incurred.
6. That the facilities desired have not been reserved for another use
at the date and time requested in the application.
c. All
permits issued shall be on the conditions that:
1. The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
2. The person, persons, or organizations to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of the negligence of the person, persons or organization
to whom such permit shall have been issued. The Recreation Committee
shall have the right to require that prior to the issuance of a permit
or commencement of the activity, the applicant submit evidence of
liability insurance covering injuries to members of the general public
arising out of such permitted activities in such amounts as may be
from time to time determined by the Recreation Committee.
3. The permittee shall maintain the park, recreational area or facility
by removing all trash or debris and restoring of the area or facility
to a condition equal to or better than its condition prior to the
granting of the permit. In the event that special or extraordinary
maintenance is required or additional costs are incurred for a proposed
use or activity, such costs shall be borne by the applicant.
4. No structures shall be erected or placed, no utilities installed,
run or extended, no alteration of a natural or man-made feature, facility
or object shall be allowed unless so authorized in the permit issued
by the Recreation Committee and when so authorized, in accordance
with its requirements for such use or alterations.
5. All permits shall be available for inspection by any person or persons
authorized to enforce this chapter and rules and regulations promulgated
pursuant thereto.
6. No permit shall be valid except for the facilities, area and time
expressly set forth therein.
7. Any other reasonable requirement, condition or restrictions which
the Recreation Committee authorized.
8. No fees shall be charged for a permit but the Recreation Committee
may require a cash deposit in reasonable amount to insure performance
of the terms and conditions of the permit, which deposit shall be
refundable after deducting the cost of necessary expenses incurred
by the Recreation Committee in restoring the leased area to the condition
the same was in at the time the permit was issued, reasonable wear
and tear excepted.
d. Applications
for permits shall be submitted to the Recreation Committee, or its
duly authorized representatives. Action thereon shall be taken within
a reasonable time in accordance with the rules and regulations of
the Recreation Committee. If a permit is denied, the applicant shall
be given written notice setting forth the reasons therefor.
e. If
a permit is denied by the Recreation Committee, or its duly authorized
representative, the applicant shall have the right to appeal the decision
to the Township Committee by serving written notice therefor on the
Township Clerk within five (5) days from receipt of notice of denial.
A copy of the notice shall also be served on the Recreation Committee,
or its duly authorized representatives, within the same time and the
Committee shall immediately forward the application and the reasons
for its refusal to the Township Committee which shall consider the
application under the standards set forth under paragraphs a, b, and
c hereof. The Township Committee shall consider such appeal at its
next regular meeting, or prior thereto at a special meeting on not
less than two (2) days written notice to the applicant, which appeal
shall be considered on the record without public hearing or further
testimony, provided applicant may upon request confer with the Township
Committee, and in any event the Township Committee shall affirm, reverse
or modify the decision of the Recreation Committee within thirty (30)
days from the filing of notice of appeal, in default whereof the appeal
shall be considered denied. Written notice of the decision of the
Township Committee upon any appeal shall be given to the applicant
within ten (10) days thereof.
f. The Recreation Committee shall have the authority to revoke a permit if the applicant, or any person acting in his behalf, shall violate any of the provisions of this chapter, or any rule, regulation or by-law of the Recreation Committee, or any of the restrictions, terms or conditions under which the permit was issued. In the event of such revocation the applicant shall have the right to appeal to the Township Committee in the same manner and on the same terms set forth in Section
9-5e.
[Ord. No. 296 § 6]
The Recreation Committee, or its duly authorized representatives,
including the custodians, supervisors and assistants appointed by
the Board, or any authorized Police Officer, shall be responsible
for the enforcement of this chapter and the rules, regulations and
by-laws of the Recreation Committee, and shall have the authority
to eject from any park or recreation area any person or persons acting
in violation thereof, and shall also have the authority to seize and
confiscate any property, thing or device which is used or permitted
to be in any park or recreational area in violation thereof.
[Ord. No. 296 § 7]
Notwithstanding any of the provisions of this chapter, the Township
Committee on behalf of the Township may enter into an agreement with
the Board of Education concerning the control and use of any park
or recreational facility, or any part thereof, for a specified length
of time and in such event such agreement may provide that such use
shall be exclusive and free from any control or supervision by the
Recreation Committee, provided such use by the Board of Education
shall be permitted only in accordance with the provisions of this
chapter and the Board of Education shall thereupon be responsible
for the enforcement of this chapter.
[Ord. No. 296 § 8]
Any person who shall violate any rules or regulations or duly
adopted by the Recreation Committee may be deemed and adjudged a disorderly
person by any Court of competent jurisdiction, as provided by law.
[Ord. No. 296 § 9;
New]
Any person violating any of the provisions of this chapter, or any rule or regulation of the Recreation Committee shall, upon conviction, be liable to a penalty stated in Chapter
1, Section
1-5 and the Municipal Court may also order the replacement, repair or restoration of any property damaged by such person in a park or recreational area.