[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]
a.
The Police Department shall enforce the provisions of this section.
b.
The Police Department shall have the authority to eject from the
park area any person or persons acting in violation of this section.
c.
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; amended 8-16-2021 by Ord. No. 2021-09]
No person shall smoke or consume any products, which include
but are not limited to, cigarettes, pipes, cigars, cannabis items,
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.
A person seeking issuance of a permit hereunder shall file an application
with the Director of Parks and Recreation stating:
1.
The name and address of the applicant;
2.
The name and address of the person, persons, corporation, or association
sponsoring the activity, if any;
3.
The day and hours for which the permit is desired;
4.
The park or portion thereof for which such permit is desired;
5.
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:
a.
The proposed activity or use of the area will not unreasonably interfere
with or detract from the general public enjoyment.
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 or Police operation by the Borough;
e.
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; amended 12-19-2022 by Ord. No. 2022-18]
Facility and usage fees shall be as follows:
|
Park and Facility Usage Fees:
(Fees restated at subsection 2-56.1, Fee Schedule.)
| |||
|---|---|---|---|
|
Park and Facility Usage:
| |||
|
a.
|
Outside Vendor Facility fee
|
10% of the registration fee. Minimum $10 per registrant
| |
|
b.
|
Community Center/Concession Stand Meeting Room/Bicentennial
Hall - Meetings
|
9-2.7a
|
$25 per day
Borough recognized 501(C)3 groups may be considered for an exemption
|
|
c.
|
Community Center/Concession Stand Meeting Room - Camps &
Instructional Workshops
|
9-2.7b
|
$0 minimum, $100 maximum
|
|
d.
|
Athletic Field Usage - Single Use/Seasonal
|
$50 per use (2 hours)
| |
|
Athletic Field Usage - Tournaments
|
9-2.7d
|
$500 maximum per season (10 uses); 100 minimum - $500 maximum/per
field/per day
| |
|
e.
|
Borough Organizations recognized by the Recreation Committee
|
$5 per participant per season
| |
|
f.
|
Community Garden Plot
|
$60 annually
| |
|
g.
|
Athletic Field Reservation
|
$25 per game or community outing for Borough residents
| |
|
h.
|
Athletic Field Reservation
|
$50 per game or community outing for non-Borough residents
| |
[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:
a.
Members of River Rats while engaged in club-related boat launching;
b.
The Fair Haven Volunteer Fire Company while engaged in boat launching
drills or emergency functions;
c.
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; amended 12-19-2022 by Ord. No. 2022-18]
Each permit shall have an annual fee as stated below:
|
Boat launch and river access permit:
(Fees restated at subsection 2-56.1, Fee Schedule)
| ||
|
Standard fee
|
9-3.6
|
$100 per year for residents
$200 per year for nonresidents
|
|
Canoes, kayaks and shells
|
9-3.6
|
$50 per year for residents
$100 per year for nonresidents
|
|
Persons 65 years or older
|
9-3.6
|
$25 per year for residents
$50 per year for nonresidents
|
|
Active or active-exempt member of Volunteer Fire
Company or First Aid Squad
|
9-3.6
|
No Fee
|
|
Single day pass
|
9-3.6
|
$25 per day for residents
$50 per day for non residents
|
|
Commercial entity - All watercraft
|
9-3.6
|
$100 per day
$300 per year
|
[2002 Code § 12.20.070]
b.
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:
a.
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.
b.
No vehicular traffic of any kind, including the riding of bicycles,
shall be permitted upon the municipal dock at any time.
c.
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.
d.
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.
e.
Boats or other watercraft shall not be moored or tied up to the municipal
dock.
f.
"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.)
|
a.
|
Fair Haven Rec N Crew Camp
|
$110 minimum for program $250 maximum
|
|
b.
|
(Reserved)
| |
|
c.
|
Additional Camp Programs
|
$5 minimum per camp
|
|
$400 maximum per camp
| ||
|
d.
|
Senior Citizen Programming and classes
|
$100 maximum
|
|
e.
|
Instructional Programming
|
$150 maximum
|
|
f.
|
Pony Share Camp
|
$190
|
|
g.
|
Fair Haven Fun Run
|
$5 — $7
|
|
See subsection 2-56.1, for additional recreation fees.
| ||
[Added 12-18-2023 by Ord.
No. 2023-19]
a.
No fishing or crabbing shall be permitted by any person from or over
any public street, right-of-way, or Borough waterfront property between
the hours of 9:00 p.m. and 8:00 a.m., prevailing time.
b.
No person shall fish or crab throughout the course of a public gathering
or special event, including but not limited to: concerts, weddings,
etc.
c.
No person shall fish or crab at any time in the areas designated
as "Closed" by the Police Department.
[Added 12-18-2023 by Ord.
No. 2023-19]
While crabbing or fishing on any public street, right-of-way,
or Borough waterfront property, 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.
[Added 12-18-2023 by Ord.
No. 2023-19]
No person shall, while crabbing or fishing on any public street,
right-of-way, or Borough waterfront property, use or permit the use
of open flames or build or attempt to build a bonfire.
[Added 12-18-2023 by Ord.
No. 2023-19]
a.
No person shall, while crabbing or fishing on any public street,
right-of-way, or Borough waterfront property, pitch a tent or utilize
a mattress at any time.
b.
No person shall, while crabbing or fishing on any public street,
right-of-way, or Borough waterfront property, utilize a lawn chair,
foldable chair, or camping chair.
[Added 12-18-2023 by Ord.
No. 2023-19]
[Added 12-18-2023 by Ord.
No. 2023-19]
No person shall smoke or consume any products, which include
but are not limited to, cigarettes, pipes, cigars, vapes, cannabis
items, etc., while crabbing or fishing on any public street, right-of-way,
or Borough waterfront property.
[Added 12-18-2023 by Ord.
No. 2023-19]
Any person violating any provision of this section shall be
subject to a mandatory court appearance and a fine in an amount not
to exceed $250 for the first offense; and shall be subject to a fine
in an amount not less than $500 and not more than $750 for all subsequent
offenses.
[Added 12-18-2023 by Ord.
No. 2023-19]
a.
The Police Department shall enforce the provisions of this section.
b.
The Police Department shall have the authority to eject from any
public street, right-of-way, or Borough waterfront property any person
or persons acting in violation of this section.
c.
The Police Department shall have the authority to seize and confiscate
any property, thing, or device on any public street, right-of-way,
or Borough waterfront property, or used, in violation of this section.
[New]
[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.
