[2002 Code § 12.16.010]
No person in a public park, open space, sanctuary, or recreation area shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, pavings 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 appurtenances whatsoever, either real or personal.
[2002 Code § 12.16.020]
No person in a public park, open space, sanctuary, or recreation area shall 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.
[2002 Code § 12.16.030]
No person in a public park or open space, sanctuary, or recreation area shall 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 pursuant to this chapter.
[2002 Code § 12.16.040]
No person in a public park, open space, sanctuary, or recreation area shall 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 grass areas, or in any other way injure the natural beauty or usefulness of any area.
[2002 Code § 12.16.050]
No person in a public park, open space, sanctuary, or recreation area shall climb any tree, or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
[2002 Code § 12.16.060]
No person in a public park, open space, sanctuary, or recreation area shall tie or hitch an animal to any tree or plant.
[2002 Code § 12.16.070]
No person in a public park, open space, sanctuary, or recreation area shall hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor 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, or deadly reptiles, may be killed on sight.
[2002 Code § 12.16.080]
No person in a public park, open space sanctuary, or recreation area shall 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 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 of the waters.
[2002 Code § 12.16.090]
No person in a public park, open space, sanctuary, or recreation area shall have brought in or shall 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 or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and disposed of elsewhere.
[2002 Code § 12.16.100]
No person in a public park, open space, sanctuary, or recreation area shall drive any vehicle except bicycles on any area except the park roads or parking areas. Such prohibition shall not apply to Borough maintenance equipment or fire or emergency equipment.
[2002 Code § 12.16.110]
No person in a public park, open space, sanctuary, or recreation area shall park a vehicle in other than an established or designated parking area.
[2002 Code § 12.16.120]
No person in a public park, open space, sanctuary, or recreation area shall leave a vehicle standing or parked at night in established parking areas, or elsewhere in such facilities.
[2002 Code § 12.16.130]
No person in a public park, open space, sanctuary, or recreation area shall ride a bicycle without reasonable regard to the safety of others.
[2002 Code § 12.16.140]
No person in a public park, open space, sanctuary, or recreation area shall swim or bathe in any waters or waterways, except the Navesink River, located in or adjacent to any public park open space, sanctuary, or recreation area.
[2002 Code § 12.16.150]
No person in a public park, open space, sanctuary, or recreation area shall bring into or operate any boat, raft, or other water craft, whether motorpowered or not, upon any waters or waterways, except the Navesink River, located in or adjacent to any public park, open space, sanctuary, or recreation area. Exception to the foregoing is made in that any private property adjoining or adjacent to any bodies of water concurrent with public property may launch and operate a nonmotorpowered boat if operated in a safe and proper manner.
[2002 Code § 12.16.160]
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 inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind or trapping device.
[2002 Code § 12.16.170]
No person shall picnic or lunch in a place other than those designated for that purpose.
[2002 Code § 12.16.180]
No person shall leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be disposed of elsewhere.
[2002 Code § 12.16.190]
No person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in such areas 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.
[2002 Code § 12.16.200]
No person shall 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. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited except on the fields and courts or areas provided therefor.
[2002 Code § 12.16.210]
No person shall ride a horse in any public park, open space, sanctuary, or recreation area.
[2002 Code § 12.16.220]
While in a public park, open space, sanctuary, or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall bring alcoholic beverages, drink same at any time nor shall any person be under the influence of intoxicating liquor.
[2002 Code § 12.16.230]
No person shall, while in a public park or recreation area, have in his possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets, or other fireworks, firecrackers, or explosives of inflammable 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
[2002 Code § 12.16.240; Ord. No. 2008-10]
No person shall, while in a public park or recreation area, permit the entry of a dog or other domestic animal into areas so prohibited, and any person so responsible shall be liable for any damage caused by such animal. Dogs and domestic animals shall be prohibited from playground areas and athletic fields and courts. Nothing herein shall be construed as permitting the running of dogs or other domestic animals at large.
[2002 Code § 12.16.250]
No person shall, while in a public park or recreation area build or attempt to build a fire except in designated areas and under posted regulations.
[2002 Code § 12.16.260]
No person shall, while in a public park or recreation area, enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices.
[2002 Code § 12.16.270]
No person shall, while in a public park or recreation area, gamble, or participate in or abet any game of chance except in such areas and under such regulations as may be designated by the Recreation Commission.
[2002 Code § 12.16.280]
No person shall, while in a public park or recreation area, go onto the ice on any of the waters except such areas as are designated as skating areas, and provided the ice is declared safe.
[2002 Code § 12.16.290; New]
No person shall, while in a public park or recreation area, 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, except for sales by authorized persons or groups at the Fair Haven Fieldhouse, concession stands or Youth Center.
[2002 Code § 12.16.300]
No person shall, while in a public park or recreation area, 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 public lands or highways or roads adjacent to a park.
[2002 Code § 12.16.310]
Except for unusual and unforeseen emergencies, parks, open space areas, sanctuary and recreational areas shall be open to the public every day of the year during the designated hours except as hereinafter provided. The opening and closing for each individual area shall be posted therein for public information. All parks, open space areas, sanctuary and recreational areas shall be closed between sunset and sunrise. Except for the Borough officers, members of the Police Department and other employees of the Borough when their duty so requires, no person shall make use of or be in or upon any park, open space area, sanctuary or recreational area between sunset and sunrise.
[2002 Code § 12.16.320]
Any section or part of any park, open space, sanctuary, or recreational area may be declared closed to the public by the Borough Administrator at any time and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Administrator shall find reasonably necessary.
[2002 Code § 12.16.350]
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in the park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
[2002 Code § 12.16.340]
The Police Department shall enforce the provisions of this section.
The Police Department shall have the authority to eject from the park area any person or persons acting in violation of this section.
The Police Department shall have the authority to seize and confiscate any property, thing, or device in the park, or used, in violation of this section.
[Ord. No. 2013-24; Ord. No. 2018-19]
No person shall smoke any products, which include but are not limited to, cigarettes, pipes, cigars, etc. in any municipally owned building, public park, sanctuary or recreation area.
[2002 Code § 12.16.330A; New]
Permits for use of or special events in parks, open space areas, sanctuary, and recreational areas shall be obtained in accordance with the following procedures:
A person seeking issuance of a permit hereunder shall file an application with the Director of Parks and Recreation stating:
The name and address of the applicant;
The name and address of the person, persons, corporation, or association sponsoring the activity, if any;
The day and hours for which the permit is desired;
The park or portion thereof for which such permit is desired;
Any other information which the Borough Administrator shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
[2002 Code § 12.16.330B]
Standards for issuance of a use permit shall include the following findings:
The proposed activity or use of the area will not unreasonably interfere with or detract from the general public enjoyment.
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct;
The proposed activity will not entail extraordinary or burdensome expense or Police operation by the Borough;
The facilities desired have not been reserved for other use at the date and hour requested in the application.
[2002 Code § 12.16.330C]
Within five days after the receipt of an application, the Borough Administrator 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 Borough Council by serving written notice thereof on the Borough Clerk within five days of the refusal.
The Borough Council shall consider the application under the standards set forth under subsection 9-2.2 and sustain or overrule the decision within 14 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council shall be final.
[2002 Code § 12.16.330D]
A permittee shall be bound by all park, open space, sanctuary and recreation area rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
[2002 Code § 12.16.330E; New]
The person 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 to whom such permit shall have been issued. The Director 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 arising out of such permitted activities in such amounts as may be determined by the Borough Council prior to the commencement of any activity or issuance of any permit.
[2002 Code § 12.16.330F]
The Borough Administrator shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
[Ord. No. 2008-18; Ord. No. 2010-20; Ord. No. 2011-12; Ord. No. 2016-05]
(Fees restated at subsection 2-56.1, Fee Schedule.)
Facility and usage fees shall be as follows:
[Ord. No. 2018-09]
If it is determined by the Parks and Recreation Department that the projected amount of waste produced by a special event will be greater than the amount of on-site waste receptacles provided at the special event location, the event holder will be subject to a tipping fee. The Director of the Parks and Recreation Department will determine whether one to 10 garbage totes and one to 10 recycling totes are required at the event site. The Department of Public Works will deliver the required totes to the event site prior to the event and will remove the totes after the event. The person seeking the permit shall pay a fee to the Borough of $75 for up to 20 totes, regardless of non-profit status. Any waste generated by the special event that does not fit within the extra totes provided must be discarded by the event holder on the same day of the event. If the Director of the Parks and Recreation Department determines that a dumpster is required instead of totes, the event holder will be responsible for providing the dumpster for the event. If a dumpster is required, the dumpster provider must provide the Borough with a hold harmless letter and proof of insurance with the Borough listed as an additional insured. The delivery of the dumpster is to be coordinated with the Director of the Parks and Recreation Department.
[2002 Code § 12.20.010]
No person shall use a trailer to launch or haul out at the municipal ramp and boat launching facilities, situated at the northerly end of Battin Road, any boat or other watercraft that is motorized and requires a State registration without first securing a permit. The number of permits shall be limited by the Borough Council.
[2002 Code § 12.20.020]
Persons desiring to secure such a permit shall furnish their name, address, description and registration number of their boats or other watercraft (maximum two), the registration number of any motor vehicle or trailer to be used in connection with launching and hauling out, proof of their age and ownership of their boats, and such other information as may be required by the Borough.
[2002 Code § 12.20.030]
All permits shall be issued for a calendar year. Permits are nontransferable and are authorized only for the boats and vehicles applied for and covered by each permit.
Persons engaged in launching or hauling out their boats or other watercraft shall have their permit upon their person and shall exhibit the permit when so requested by a Police Officer or other agent or employee of the Borough. When the boat or watercraft is waterborne, the permit shall be displayed by hanging from the rear view mirror inside the parked towing vehicles.
[2002 Code § 12.20.040]
The boat ramp shall be closed between the hours of 11:00 p.m. and 5:00 a.m. No boats shall be launched or hauled out between those hours, or at such other times as the ramp shall be posted as "Closed" by the Police Department.
[2002 Code § 12.20.050]
The following shall be exempt from the requirement of having a permit:
Members of River Rats while engaged in club-related boat launching;
The Fair Haven Volunteer Fire Company while engaged in boat launching drills or emergency functions;
Persons using the ramp once each season for the purpose of launching and hauling out a boat which is moored in the river in the vicinity of the boat ramp.
[2002 Code § 12.20.060; Ord. No. 2007-6; Ord. No. 2008-3 § II]
Each permit shall have an annual fee as stated below: (Fees restated in subsection 2-56.1, Fee Schedule)
[2002 Code § 12.20.070]
Any permit holder who shall violate any parking or other traffic ordinances on any street adjacent to the municipal ramp shall have their permit revoked after the second violation. The Borough reserves the right to revoke any permit, or decline to issue or renew any permit, for violations of rules concerning use of the ramp or conduct detrimental to the public use of the ramp.
[2002 Code § 12.24.010; Ord. No. 2008-12]
Use of the municipal dock situated at the northerly end of Fair Haven Road, shall be subject to the following regulations:
The municipal dock shall be closed to all persons under the age of 18 unless they are accompanied by their parent or their legal guardian between the hours of 10:00 p.m. and 7:00 a.m.
No vehicular traffic of any kind, including the riding of bicycles, shall be permitted upon the municipal dock at any time.
The disposal or throwing away of tin cans, bottles, garbage, trash or refuse of any kind, except in such receptacles plainly marked for that purpose as may be placed on or at the entrance to the municipal dock for that purpose is prohibited.
Use of foul or abusive language or offensive noisemaking, roughhousing, dressing or undressing, or the commission of a nuisance on, under, or in the immediate vicinity of the municipal dock is prohibited.
Boats or other watercraft shall not be moored or tied up to the municipal dock.
"Day" for the purpose of this section shall be construed as the period between 7:00 a.m. and 10:00 p.m. on any calendar day.
[2002 Code § Title 3 Fee Schedule; Ord. No. 2007-11; Ord. No. 2008-3 § II; Ord. No. 2008-18; Ord. No. 2016-05]
Recreation fees shall be as follows: (Fees restated at subsection 2-56.1, Fee Schedule.)
[Ord. No. 2010-07]
The unnamed pond located within the Fair Haven Fields abutting Fair Haven Road and Ridge Road in the Borough of Fair Haven is hereby named "Dery's Pond." Borough staff is hereby directed to provide appropriate signage to this effect.