As used in this article, the following terms shall have the meanings indicated:
PERSON
Shall include for-profit corporations, not-for-profit corporations, companies, associations, societies, firms, partnerships, joint-stock companies, limited liability companies, limited liability partnerships and individuals.
STREET
Any road, avenue, street or highway dedicated to the public use for street purposes, regardless of whether or not it has been formally accepted by the Township. "Street" shall be deemed to include all portions lying between the dedicated or established right-of-way lines thereof, said lines being identical with the front property lines of lands abutting the street.
TREE
Any tree, shrub or plant, or any root, branch, flower or any part thereof.
The Division of Parks and Forestry shall have power to:
A. 
Exercise full control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in the Township on any Township-owned land or in any street, public place, park or parkways in the Township except state highways or county parks or parkways, including the planting, trimming, spraying, care and protection thereof. The control of trees on state or county highways within the Township may be determined by mutual agreement between the Division of Parks and Forestry and the appropriate state or county agencies concerned having jurisdiction thereof.
B. 
Regulate and control the use of the ground surrounding the aforesaid shade and ornamental trees and shrubbery, so far as may be necessary for their proper growth, care and protection.
C. 
Remove or require the removal of any tree or part thereof dangerous to public safety, notwithstanding the fact that the tree may be situate on private property and may endanger the safety of persons while on private property.
D. 
Care for and control the aforesaid parks and parkways, and encourage arboriculture.
E. 
Administer treatment to or remove any tree situate upon private property which tree is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Township, and, for that purpose, enter upon private property with the consent of the owner thereof, provided the suspected condition is first confirmed by the certificate issued by or on behalf of the State Department of Agriculture.
F. 
Purchase and plant or have planted under its supervision, any trees or shrubs required in connection with any public improvement program financed in whole or in part by the Township on any street, park or Township-owned land.
G. 
Regulate and control the indiscriminate and excessive cutting of trees in the Township in the manner prescribed in this article. Such regulation and control is deemed necessary because indiscriminate and excessive cutting of trees upon tracts of land has resulted in creating increasing municipal costs to control drainage within the Township and further impairs the benefits of occupancy of existing residential property in such areas and impairs the stability and value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Township.
H. 
Exercise such other powers, duties and functions as hereinafter specified in this article.
A. 
(Reserved)
B. 
The Division of Parks and Forestry shall set up specifications for landscape plans. At the request of the Planning Board, the Division or its consultant shall review proposed landscape plans for commercial, industrial or apartment projects and shall give specific recommendations in writing to the Planning Board.
C. 
All landscaping shall be completed to the satisfaction of the Division of Parks and Forestry before certificates of occupancy are issued. If landscaping is not completed before the building or buildings are completed and ready for occupancy, the Division may recommend to the Planning Board that the applicant be allowed to post a performance bond to cover the landscaping work remaining to be done. The amount of said bond is to be set by said Division.
No building permit shall be issued for the construction of one-family dwellings in accordance with final major subdivision approval granted by the Planning Board pursuant to the provisions of Chapter 134, Land Development, nor for the construction of commercial or industrial buildings, unless and until the developer, builder or owner files with the Division of Parks and Forestry an appropriate plan showing all proposed tree removals in relation to the survey stakes marking out a building foundation, garage, driveway, parking area, recreation area and related areas requiring the removal of trees. The species and condition of trees shall be checked by said Division and shall be indicated upon the plan. Such plan shall be approved by said Division and certified to the Construction Official of the Township.
[Ord. No. 21-2018]
A. 
No person shall place salt, brine, oil or any other substance injurious to plant growth in any street or park in such manner as to injure any tree.
B. 
No person shall build any fire or station any road roller, fuel oil dispensing truck or other engine in any street or any other place in such a location that the heat, vapors, fuel or fumes therefrom may injure any trees.
C. 
Every person having or maintaining any gas lines in any street or park shall maintain such lines in such a manner as will safeguard the trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to trees.
D. 
In the erection, alteration or repair of any structure or building, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectively prevent injury to such trees.
E. 
No person shall use or operate any power shovel, bulldozer or any other implement, machine or tool in such a manner as to damage or destroy any tree.
F. 
No material, machinery or temporary soil deposits shall be placed within 10 feet of any existing tree trunk or stem during the period of development of the land.
[Ord. No. 21-2018]
No person shall do any of the following acts in connection with any Township-owned tree located in the Township in or on any street, highway, public place, park or Township-owned land without first obtaining a permit.
A. 
Cut, prune, break, injure, remove, disturb or interfere with any tree in any way.
B. 
Spray any tree with any chemical.
C. 
Fasten any rope, wire, sign or other device to a tree or to any guard about such tree.
D. 
Remove or injure any guard or device placed to protect any tree.
E. 
Close or obstruct any open space provided about the base of a tree to permit the access of air, water and fertilizer to the roots of such tree.
F. 
Place or maintain in any street or park any stone, cement or other sidewalk or any stone, cement or other substance which shall impede the free access of air and water to the roots of any tree.
G. 
Plant any tree in any park or street.
H. 
Excavate within 4 feet of any tree.
I. 
String any wire in or through a public park.
J. 
Attach or fasten any wire, insulator or other device for holding a wire to any tree.
[Ord. No. 21-2018]
Application for a permit under § 129-17 shall be made at the office of the Division of Parks and Forestry on a prescribed form. No tree removal permit shall be issued unless the tree service provider engaged for the work described in the application meets the requirements of the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C:11 et seq., and the regulations promulgated thereunder at N.J.A.C. 7:3A-1.1 et seq. (effective date April 17, 2017), as may be amended from time to time.
The Division of Parks and Forestry, in determining whether to issue a permit, shall take into consideration:
A. 
The nature, species, size, age and condition of any tree involved.
B. 
The location thereof in the street or park, the planting, care, protection, maintenance or removal procedure involved.
C. 
The public safety and welfare and the improvement and advancement of the shade tree plan or program of the Division of Parks and Forestry.
[Ord. No. 21-2018; amended 6-19-2024 by Ord. No. 34-2024]
A. 
No person shall, without first obtaining a permit from the Director of Parks and Recreation or his/her designee, remove or cause to be removed trees which are six (6) inches or greater in diameter. Application shall be made at the office of the Division of Parks and Forestry on a prescribed form. No tree removal permit shall be issued unless the tree service provider engaged for the work described in the application meets the requirements of the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C:11 et seq., and the regulations promulgated thereunder at N.J.A.C. 7:3A-1.1 et seq.
B. 
Upon receipt of an application for a tree removal permit, the permit shall be submitted to the Township Engineer or his/her designee for a determination as to whether or not the provisions of Chapter 134, Land Development, Article VI, are applicable and, if so, shall supersede the provisions of this section.
C. 
Notwithstanding anything contained herein, whenever the removal of trees results in a soil disturbance exceeding 250 square feet, said removal shall be in accordance with Chapter 134, Land Development, Article VI.
D. 
The permit herein authorized shall be issued for the following reasons:
(1) 
The existing location of the tree(s) causes or will cause a hardship or creates or will create a nuisance or a hazard to the safety and welfare of the property owner or occupants of any dwelling or structure and/or the general public.
(2) 
The trees to be removed are located within areas to be occupied by buildings, driveways or recreation areas and within a distance of 30 feet around the perimeter of such building; provided, however, that the Director or his/her designee may specify that certain trees within said 30 feet shall remain standing. Notwithstanding the foregoing, if the action to be taken requires the issuance of any building or engineering permit, said tree removal must be performed in accordance with Chapter 134, Land Development, Article VI, Environmental Protection.
(3) 
Existing trees are not consistent with the landscaping designs of the property owners and/or occupants of any dwelling or structure. The Director or his/her designee, in his/her discretion, may require a new landscaping plan prior to the removal of any trees and, thereafter, the implementation of said landscaping plan within a reasonable period of time.
(4) 
The trees are dead or dying.
(5) 
The trees must be removed in connection with the installation of utilities or equipment on any residential, commercial or industrial property.
E. 
The permit shall expire 6 months after its issuance.
F. 
The fee for said permit shall be as set forth in Chapter 75, Fees.
[Ord. No. 21-2018]
A. 
Any person or utility having or maintaining any electric, telephone, telegraph or other wires running in or through Township-owned land or a street or park shall securely fasten and maintain such wires in such a manner as will safeguard all trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to all trees.
B. 
Whenever the Division of Parks and Forestry deems it necessary to prune or remove a tree, any person having a wire running in or through any street or park shall temporarily remove such wire within 72 hours after the service upon the owner thereof or his/her agent of a written notice to do so. A utility company, instead of removing such wire, shall have the option of pruning such trees under the supervision of said Division.
A. 
It shall be unlawful for any person in a public park or recreation area to:
(1) 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any public property and all appurtenances thereto.
(2) 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition.
(3) 
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.
(4) 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grassed areas or in other way injure the natural beauty or usefulness of any area.
(5) 
Hunt, molest, kill, wound, trap, abuse, shoot, pursue, remove or have in his/her possession any animal, reptile or bird found within a Township park; or disturb its habitat within a Township park; or knowingly buy, receive, have in his/her possession, sell or give away such animal, reptile, bird or eggs so taken, except as may be specifically provided for and being in accordance with state/federal fish and game laws.
(6) 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in 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 pollution of said waters.
(7) 
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not 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.
(8) 
Drive or park any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated temporary areas by the Park and Recreation Department.
(9) 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
(10) 
Ride a bicycle without reasonable regard to the safety of others.
(11) 
Leave a bicycle lying on the ground or pavement or set against trees or in any place or position where a person may trip over or be injured by it.
(12) 
Swim, bathe or wade in any waters or waterways in any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted; nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activities are prohibited by the Park and Recreation Department upon a finding that such use of the water would be dangerous or otherwise inadvisable.
(13) 
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind, nor shall any guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof without a permit issued by the Director of Parks and Recreation.
(14) 
Bring into or operate any boat, raft or other water craft, whether motor-powered or not, upon any waters, except at places designated for boating by the Parks and Recreation Department. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
(15) 
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
(16) 
Fish in any area where bathing is permitted.
(17) 
No person shall carry or possess firearms of any description or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially harmful to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device.
(18) 
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(19) 
Violate the regulation that use of grills and tables and benches follows the generally accepted rule of first-come-first-served.
(20) 
Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded.
(21) 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles, where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(22) 
Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon or the like, except in those areas designated by the Department of Parks and Recreation and with a permit issued by the Department of Parks and Recreation.
(23) 
Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation. Skateboarding and roller-skating shall be confined to those areas specifically designed for such pastime.
(24) 
Ride a horse in any public park or public place.
[Ord. No. 53-2014]
B. 
While in a park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
(1) 
Bring alcoholic beverages or a controlled dangerous substance at any time nor shall any person be under the influence of intoxicating liquor or controlled dangerous substance in a park.
(2) 
Have in his/her possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material or discharge them or throw them 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 from any of the foregoing standpoints. At the discretion of the Department of Parks and Recreation, permits may be given for conducting properly supervised fireworks in designated park areas.
(3) 
No person shall bring a dog or domestic animal into a playground or synthetic turf field at any time. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than 6 feet in length until in designated area of Township dog park.
[Ord. No. 53-2014]
(4) 
Build or attempt to build a fire, except in such areas and under such regulations as may be designated by the Department of Parks and Recreation. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
(5) 
Enter an area posted as "Closed to the Public," nor shall any person use or assist in the use of any area in violation of posted notices.
(6) 
Gamble or participate in or facilitate any game of chance except in such areas and under such regulations as may be designated by the Department of Parks and Recreation.
(7) 
Go onto the ice or any of the waters, except such areas as are designated as skating field, and provided that a safety signal is displayed.
(8) 
Upon request, fail to produce and exhibit any permit from the Parks and Recreation Department claimed to have to any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
(9) 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
(10) 
Expose or offer for sale any article or thing, nor shall be station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Department of Parks and Recreation.
(11) 
Paste, glue, tack 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 parklands or highways or roads in any park.
C. 
Public use and availability of park and recreation areas.
(1) 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information and shall be determined from time to time by the Department of Parks and Recreation.
(2) 
No person shall, on the grounds of race, color, national origin, religion, age, sex or handicap, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination in any park facility, program or activity.
D. 
Permits for special events in parks shall be obtained by application to the Department of Parks and Recreation in accordance with the following procedures:
(1) 
A person seeking issuance of a permit hereunder shall file an application with the Parks and Recreation Department stating:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or associations sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which such permit is desired.
(e) 
Any other information which the Parks and Recreation Department shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.
(2) 
Standards for issuance of a use permit by the Department of Parks and Recreation shall include the following findings:
(a) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(b) 
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(d) 
The proposed activity will not entail extraordinary or burdensome expense of police operation by the Township.
(e) 
The facilities desired have not been reserved for other use at the date and hour requested in the application.
(3) 
Within 5 days after the receipt of an application, the Department of Parks and Recreation shall apprise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Business Administrator within 5 days of said refusal. A copy of said notice shall also be served on the Department of Parks and Recreation within the same time, and said Department shall immediately forward the application and the reasons for its refusal to the Business Administrator. The decision of the Business Administrator shall be final.
[Ord. No. 53-2014]
(4) 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
(5) 
The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The Department of Parks and Recreation shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the general public or damage to public or private property arising out of such permittee's activities in such amounts as may be from time to time determined by the Department prior to the commencement of any activity or issuance of any permit.
[Ord. No. 53-2014]
(6) 
Revocation. The Department of Parks and Recreation shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
E. 
Enforcement.
(1) 
The Department of Parks and Recreation and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
(2) 
The Department of Parks and Recreation and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this article.
(3) 
The Department of Parks and Recreation and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this article.
(4) 
This article shall also be enforced by the Police Department of the Township of Wayne.
Smoking and/or the carrying of a lighted cigarette, cigar, pipe or other combustible substance, in any manner or any form, shall be prohibited at all times, in all Township parks and Township recreation facilities, including all public areas adjacent to such parks and recreation facilities, including but not limited to the parking areas, driveways or drive aisles. Smoking, for purposes of this section, shall be the burning of, inhaling/exhaling of smoke or the possession of a lighted cigarette, cigar, pipe or other combustible substance which contains tobacco or any other matter that can be smoked, or involves the inhaling/exhaling of smoke or vapor from an electronic smoking device.
[Ord. No. 53-2014]
A. 
Should the Township remove a tree in a public right-of-way found or determined to be a danger to public safety, the cost of such removal shall be the responsibility of the property owner. Such cost, if it is required to be paid by the owner, shall, unless paid directly to the Division of Parks and Forestry, be certified by it to the Collector of Taxes of the Township. Such cost shall thereupon become and be a lien upon said real estate and shall be included in the next tax bill rendered to the owner or owners thereof and be collected in the same manner as other taxes against that property. The Division shall give reasonable notice of its intention to remove or cause the removal of a tree or part of a tree dangerous to public safety. If a public safety requires immediate removal, no notice shall be necessary.
A. 
Nothing contained in this article shall be construed to impose upon the Division of Parks and Forestry or any member thereof liability for the death of or injury to any person or damage to property.
[Ord. No. 36-2018]
A. 
The failure of a property owner and/or the property owner's contractor to obtain a permit as required under this article, for purposes of enforcement of this section, shall be separate offenses for which separate penalties shall be imposed upon conviction.
B. 
Any person who violates any other provision of this article shall, upon conviction, be liable to the penalties stated in Chapter I, Section 1-15.