[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 4-16-2019 by Ord. No. 2019-04. Amendments noted where applicable.]
These are rules and regulations for the use of and conduct in the parks and recreation areas and facilities within the Borough.
These rules and regulations shall apply in all parks and recreation areas and facilities within the jurisdiction of the Borough, unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the approving authority shall be the Borough governing body or its designee.
In the interpretation of this and all succeeding park and recreation area rules and regulations the 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 prohibition 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 police officer or Borough employee in line of duty or work as such, or by any person, his agent or employee, in the proper and necessary execution of the terms of any agreement with the 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 thereby.
As used in this section, the following terms shall have the meanings indicated:
ANIMALS
Includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park or recreation area.
APPROVING AUTHORITY
The Borough Mayor and Council or their designee.
CROSSING
Any crossing, whether marked by a pavement or otherwise; the extension to any sidewalk space across any intersecting drive, street or highway.
CURB
The boundary of any street, road, avenue, boulevard, or drive, whether or not marked by a curb.
PARK ATTENDANT
Any person employed by the Borough as a park attendant to perform duties or tasks within the park and recreation areas.
PATH
Any footpath, walk, trail, or any path maintained for pedestrians.
PEDESTRIAN
A person afoot.
PERMIT
Any written license issued by or under the authority of the approving authority permitting a special event or activity on park facilities.
PERSON
Any natural person, corporation, company, association, joint-stock association, firm or co-partnership.
SOLICITING
Selling goods or services by sample or taking orders for future delivery with or without accepting advance payment for the goods; seeking any form of contributions.
STOPPING or STANDING
When prohibited, means any cessation of movement of a vehicle occupied or not, except when necessary to avoid conflict with pedestrians or other traffic including horses and bicycles.
TRAFFIC
Pedestrians, ridden or herded animals and vehicles, either singly or together.
VEHICLE
Any conveyance (except baby carriages), including motor vehicles, trailers of all types, campers, tricycles, bicycles, motorized or not, sleds, sleighs, pushcarts, or vehicles propelled by other than muscular power. Traffic shall include horses, burros, donkeys or animal-drawn conveyance.
VENDING
Selling or trading any item or service.
It shall be unlawful for any person in a public park or recreation area or facility to do any of the following:
A. 
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bathrooms, bridges, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B. 
No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
C. 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
D. 
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 on special written permit issued hereunder.
E. 
Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
F. 
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
G. 
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench, or other structure.
H. 
Throw, discharge, or otherwise place or cause to be placed in the waters of any fountains, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution, obstruction or diversion of said waters.
I. 
Take into, carry through, or put into any park, any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
J. 
Bring any glass container into any park or recreation area.
K. 
Cause or permit to run loose any animal.
L. 
Tie or hitch an animal to any tree or plant.
M. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight.
N. 
Ride a horse except on designated bridle trails; horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended.
O. 
Walk a domestic animal without a leash. Further, the owner or person having custody of said domestic animal shall be responsible for removal of any animal solid waste and shall be responsible to have control over the animal in a manner so as to not disturb or menace others in the park.
P. 
Any golf activity.
Q. 
Smoking or vaping in any public park, playground, recreational facility or ball field is strictly prohibited.
It shall be unlawful for any person in a public park or recreation area or facility to do any of the following:
A. 
Drive any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary parking areas.
B. 
Park a vehicle anywhere except on a designated parking area.
C. 
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed, except when said parking is authorized by a valid permit. During a snow storm and for three days thereafter, established parking areas in parks and recreation areas may be utilized for parking, but not by trailers of any kind.
D. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
E. 
Ride a bicycle without reasonable regard to the safety of others.
F. 
Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured.
G. 
Drive or operate within the parks any bus or vehicle adapted for more than 12 passengers, any hearse, truck or tractor, or vehicle used for advertising.
H. 
Use the parks, park drives, parking places, or parkways for the purpose of demonstrating any vehicles, or for the purpose of instructing another to drive or operate any vehicle, nor shall any person use any park area, including parking places, for the repairing, washing, or cleaning of any vehicle, except in an emergency.
I. 
Cause or permit a vehicle in tow of another vehicle to enter the parks or proceed therein, except that in case of a breakdown a disabled vehicle may be towed to the nearest exit; or operate or drive a vehicle containing any person or object projecting or hanging outside of or beyond the side or the rear thereof.
[Added 4-4-2023 by Ord. No. 2023-03]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
A motor vehicle, designed and manufactured for off-road use only, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts or any all-terrain vehicle operated by an employee or agent of the State of New Jersey and used while in the performance of the employee's or agent's official duties.
DIRT BIKE
Any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards.
OFF-ROAD VEHICLE
Any motorized vehicle with two or more wheels or tracks that is capable of being operated off of regularly improved and maintained roads, including, but not limited to, motorcycles as defined in N.J.S.A. 39:1-1, snowmobiles and all-terrain vehicles, and dirt bikes as defined in Section 5 of P.L. 1991, c. 496 (N.J.S.A. 2A:42A-6.1).
SNOWMOBILE
Any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled-type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
B. 
Prohibition. The use of any and all all-terrain vehicles (ATVs), dirt bikes, and snowmobiles, or such similar vehicles as listed above this section intended for off-road use, unless otherwise specified, is hereby prohibited on or within any Borough-owned or -operated road, park, or public space.
C. 
Registration requirements. All vehicles subject to the provisions of this section must be registered with the State of New Jersey in accordance with Chapter 39:3C of the New Jersey Revised Statutes.
D. 
Operating requirements.
(1) 
Age restrictions. Vehicle operators must adhere to the age requirements set forth by Section 39:3C-16 of the New Jersey Revised Statutes:
(a) 
A person under the age of 14 years shall not operate or be permitted to operate any snowmobile, all-terrain vehicle, or dirt bike on public lands or waters or across a public highway.
(b) 
A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this state an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
(c) 
A person less than 18 years of age shall not operate a snowmobile, all-terrain vehicle, or dirt bike registered in this state on public lands or waters or across a public highway of this state unless the person has completed a safety education and training course established or certified by the Commissioner pursuant to Section 15 of P.L. 1973, c. 307 (N.J.S.A. 39:3C-15). At all times during the operation of the snowmobile, all-terrain vehicle, or dirt bike, the person shall possess a certificate indicating successful completion of the course.
(2) 
Mandatory insurance. No such vehicle shall be operated unless insured in accordance with Section 39:3C-20 of the New Jersey Revised Statutes.
(3) 
Unlawful activities. As per Section 39:3C-19 of the New Jersey Revised Statutes, it shall be unlawful for:
(a) 
Any person to operate or ride as a passenger on any snowmobile, all-terrain vehicle, or dirt bike without wearing a protective helmet approved by the Chief Administrator of the New Jersey Motor Vehicle Commission. Any helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in Sections 6 to 9 of P.L. 1967, c. 237 (N.J.S.A. 39:3-76.7 through 39:3-76.10).
(b) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike that is not equipped with working headlights, taillights, brakes, and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile, all-terrain vehicle, or dirt bike in any manner as to cause a harsh, objectionable, or unreasonable noise.
(c) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike at any time and in any manner intended or reasonably to be expected to harass, drive, or pursue any wildlife.
(d) 
Any person to operate any snowmobile, all-terrain vehicle, or dirt bike during the hours from half an hour before sunset to half an hour after sunrise without having lighted headlights and lighted taillights.
(e) 
Any person to operate any snowmobile, all-terrain vehicle, or dirt bike on the land of another without first securing the permission of the landowner or the landowner's duly authorized representative.
(f) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike upon a railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
(g) 
Any person to violate any provision of P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.) or any rule or regulation adopted pursuant to P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.).
(4) 
Mandatory equipment. All ATVs, dirt bikes, and snowmobiles operating must comply with the equipment requirements of Section 39:3C-24 of the New Jersey Revised Statutes:
(a) 
Headlights. At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.
(b) 
Taillights. At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
(c) 
Brakes. A brake system in good mechanical condition.
(d) 
Reflector material. Reflector material of a minimum area of 16 square inches mounted on each side of the cowling. Registration numbers or other decorative material may be included in computing the required sixteen-square-inch area.
(e) 
Mufflers. An adequate muffler system in good working condition.
(5) 
Forfeiture.
(a) 
By the authority granted to municipalities by the State Act supplementing P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.), and amending N.J.S.A. 2C:64-1, an ATV, dirt bike, or snowmobile shall be designated by the Borough of Chester as prima facie contraband and subject to the forfeiture provisions of Chapter 64 of Title 2C of the New Jersey Statutes.
(b) 
It shall be the duty of any law enforcement officer who knows, or has reasonable cause to believe, that a person is engaging or has been engaged in the unlawful operation of a snowmobile, all-terrain vehicle, or dirt bike to investigate and seize any vehicle that the officer knows, or has reasonable grounds to believe, is a snowmobile, all-terrain vehicle, or dirt bike that is or has been operated unlawfully. A law enforcement officer shall not be required to obtain a search warrant to investigate and seize an unlawfully operated vehicle located on private property.
(6) 
Penalties. In addition to the penalties set forth by the state, violations of this chapter shall be punishable by a municipal fine of up to $1,000 as well as confiscation or forfeiture of the vehicle used in violation of the provisions herein. The Borough of Chester may destroy a confiscated ATV, dirt bike, or snowmobile in accordance with state law.
It shall be unlawful for any person to bring into or have in his possession in any park or recreation area or facility any of the following:
A. 
Any pistol or revolver or objects upon which loaded or blank cartridges may be used.
B. 
Any burglary tools.
C. 
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder or any material which stores energy by tension or compression or compressed gas.
It shall be unlawful for any person to have in his possession or set off any fireworks. Permits may be given for conducting properly supervised fireworks in designated park areas.
A. 
No person shall post, paint, affix, distribute, deliver, place, cast or leave about, any bill, billboard, placard, ticket, handbill, circular, or advertisement.
B. 
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the Borough or the Recreation Committee:
(1) 
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited.
(2) 
Operate for advertising purposes any musical instrument, soundtrack, siren or horn.
(3) 
Hold public assemblages.
(4) 
Conduct exhibitions.
(5) 
Hold a parade.
(6) 
Operate any form of sound, music or voice amplification equipment using loud speakers.
No person shall expose or offer for sale any article in any park or recreation area or facility, except by permit.
No person shall kindle, build, maintain or use a fire except in places designed or provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material.
While in a public park or recreation area or facility, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
A. 
Bring alcoholic beverages or controlled dangerous substances, or drink or use the same at any time, nor shall any person be under the influence of intoxicating liquor or a controlled dangerous substance in a park or recreation area, except alcoholic beverage use may be permitted at authorized events at the Borough Field House or consumed in designated areas pursuant to § 85-11 of the Borough Code.
[Amended 7-19-2022 by Ord. No. 2022-08]
B. 
Solicit alms or contributions for any purpose, whether public or private.
C. 
Play any game of chance or have possession of any instrument or device for gambling.
D. 
Play, engage or take part in any game or competitive sport for money, or other valuable thing, without a written permit.
It shall be unlawful for any person in a park or recreation area or facility to do any of the following:
A. 
Camp or stay overnight except when authorized by valid permit.
B. 
Take part in the playing of any games involving thrown or otherwise propelled objects except in those areas designated for such forms of recreation or in open fields.
C. 
Play football, baseball, basketball, soccer or lacrosse, except in areas designated for such games.
D. 
Enter any area posted as "closed to the public."
E. 
Engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
F. 
Fail to produce and exhibit a permit upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
G. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
H. 
Erect or occupy any tent, stand or other structure in any park or playground, or sell or give away from any such tent, stand or other structure any food, drink or other thing, without a permit.
I. 
Use an area designed or designated for a specific other purpose.
A permit must be secured for any picnic with 15 or more participants.
No person shall be in any park during the hours the park is closed, except by permit. The parks are closed from one-half hour after sunset to one-half hour before sunrise. Closing hours will be posted at all parks.
A. 
The Police Department, park attendants and Borough employee designated by resolution shall, in connection with their duties imposed by law, diligently enforce the provisions of this section.
B. 
The Police Department, park attendants and Borough employee designated by resolution shall have authority to order any person or persons acting in violation of this section to leave the park or recreation area or facility.
Violation of any rule or regulation shall be brought before the Municipal Court Judge of the Borough of Chester by summons issued by a police officer, park attendants or Borough employee designated by resolution. Any person, firm or corporation violating any provision of this section shall be subject to the general penalty provisions of this Code, set forth in Chapter 1 (General Provisions), Article III (General Penalties). Fines and imprisonment shall be at the discretion of the Judge of the Borough of Chester Municipal Court.
The Borough shall cause to be posted upon said public lands and to be distributed from time to time to participants in all recreation programs notice of all applicable rules and regulations.