[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 6-16-59 as Ord. No. 538. Section 119-10 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
All public parks and playgrounds owned and operated by the Borough
of Somerville shall be formally opened to the public at 10:00 a.m.
and closed at 9:00 p.m. daily except Sundays, when they shall be opened
at 12:00 noon and closed at 6:00 p.m.; provided, however, that when
any supervised program duly authorized by the Recreation Commission
of said borough or by a duly authorized representative of said Commission
shall extend beyond the regular closing hour, the particular section
or part of the public park or playground in which such program is
being conducted shall not be closed until fifteen (15) minutes after
such program shall have been concluded. All such public parks and
playgrounds shall be closed to the public at all other times.
Editor's Note: Former Section 119-2, previously codified
herein was repealed in its entirety by Ordinance No. 2137.
No person, corporation or other organization, whether or not
a resident of the Borough of Somerville, shall use or utilize any
of the public parks or playgrounds or any part or parts thereof or
any of the facilities therein in any way or for any purpose whatever,
other than as a participant in a program duly authorized by the Recreation
Commission of said borough or by a duly authorized representative
of said Commission, without having first submitted to said Commission
a written request in compliance with its rules and regulations and
obtained its written consent or permission to the use thereof.
No person shall loiter in any of said public parks or playgrounds
at any time when they are closed to the public.
A.
No person shall bathe, wade or swim in any pool in the public parks
or playgrounds except at such times and in such places as the Recreation
Commission of the Borough shall designate.
B.
No person shall bathe, wade or swim in any such pool unless so covered
with a bathing suit as to prevent any indecent exposure of the person.
No person shall solicit alms or contributions for any purpose
whatever within any of the public parks or playgrounds without having
first obtained the written consent or permission of the Recreation
Commission of the Borough.
No person shall discard or deposit any litter or refuse in any
of the public parks or playgrounds except in the receptacles provided
therefor.
No person shall maliciously destroy, damage, abuse or deface
any of the public parks or playgrounds or any of the equipment or
facilities therein.
No person shall, within any of the public parks or playgrounds,
use any threatening, abusive or insulting language; do any obscene
or indecent act; throw any stone or other object, substance or missile
at or to annoy any other person or persons; engage in, instigate,
aid or encourage any contention or fight; possess, use or be under
the influence of any intoxicating beverage, opium or drug; throw any
sticks, stones or other matter that will tend to pollute into any
pool; or fail to obey or interfere in any way with any police officer
or park or recreation supervisor in the proper performance of his
duties.
Any person, corporation or other organization who shall violate
any of the provisions of this chapter shall, upon conviction thereof,
be liable to imprisonment in the county jail or in any place provided
by the Borough of Somerville for the detention of prisoners, for any
term not exceeding ninety (90) days, or to a fine not exceeding five
hundred dollars ($500), or both. The court before which any person,
corporation or other organization is convicted of violating any of
the provisions of this chapter shall have power to impose any fine
or term of imprisonment not exceeding the maximum fixed in this chapter.
This entire chapter shall be deemed and construed to be an exercise
of the police power of the Borough of Somerville, in the County of
Somerset, for the preservation and protection of public safety, and
all of its provisions shall be liberally construed with a view to
the effectuation of such purpose.
[Added 3-1-04 by Ord. No. 2158]
A.
The Wheel Park is for use by in-line skaters, skateboarders and BMX
bikers. No other uses are permitted. There are special dangers and
risks associated with the permitted uses which include serious bodily
injury and/or death; therefore, all users do so at their own risk.
Persons who desire to use the Wheel Park are required to obtain a
user's permit ("sticker") from the Recreation Department.
B.
Registration. Use of the Somerville Wheel Park is limited to those
persons who have completed the annual registration form prepared by
the Somerville Recreation Commission.
(1)
Persons under the age of eighteen (18) years must apply for a sticker
in person and must be accompanied by their parent and/or legal guardian.
(2)
Somerville Wheel Park sticker is nontransferable and non-assignable.
(3)
The annual fee for the Skate Park shall be set by the Somerville
Recreation Commission.
C.
Rules and code of conduct. Use of the Wheel Park is subject to all
applicable Borough ordinances and the following additional rules which
apply to all areas within the Borough Wheel Park:
(1)
All users must wear the following safety equipment at all times:
helmet with safety strap, elbow pads and kneepads. Shoes must be worn
at all times. Bare feet and sandals are not acceptable.
(2)
Stickers must be displayed on helmets at all times.
(3)
No glass containers, food, drinks, alcohol and tobacco products are
permitted within the fenced area of the Wheel Park.
(4)
Spectators and/or children under the age of seven (7) years old are
not permitted within the fenced area of the Wheel Park.
(5)
Use of the Wheel Park is prohibited when the surfaces are wet or
icy.
(6)
No person shall use a skateboard, in-line skates or BMX bike in the
park except on the skating area. Public benches, tables or equipment
are not skating areas.
D.
Penalties. In addition to the penalties prescribed under the Code
of the Borough of Somerville or any other applicable State Statute,
any person violating these provisions shall be immediately ejected
from the Wheel Park and be subjected to a fine of fifty dollars ($50)
for the first offense, seventy-five dollars ($75) for a second offense,
and a fine of one hundred dollars ($100) for any third or subsequent
violation. In addition, the Court may permanently forfeit the defendant's
privilege to use the Wheel Park for the remainder of the season or
issue an order banning the defendant from future use. In addition
to any penalties imposed, the Court may order a period of community
service not to exceed fifteen (15) days for any defendant over eighteen
(18) years of age.
E.
Miscellaneous.
(1)
If any section or provision of this section shall be held invalid
in any Court, the same shall not affect the other sections or provisions
of this section, except so far as the section or provision so declared
invalid shall be inseparable from the remainder or any portion thereof.
(2)
All ordinances or part of ordinances which are inconsistent herewith
are hereby repealed to the extent of such inconsistency.
(3)
This section shall take effect immediately after final passage publication
in the manner provided by law.
[Added 9-2-14 by Ord. No. 2451; 5-2-2016 by Ord. No. 2500]
A.
No person shall trespass on land owned and/or controlled by the Borough
of Somerville that borders the Raritan River. The following is a list
of prohibited conduct in addition to trespassing in which a violator
may be subject to be charged.
(1)
Lewdness: No person shall commit a lewd act as defined in N.J.S.A.
2C:14-4 and any amendments or successor statutes.
(2)
Nudity: No person shall appear in public in a state of nudity.
(3)
Changing/disrobing: Changing/disrobing is prohibited.
(4)
Urinating or defecating: Urinating or defecating are prohibited on
site.
(5)
Liquor or drugs: No person shall drink, take, use or have in their
possession any intoxicating liquors. No person shall take, use or
have in their possession any opiates or narcotics. No person intoxicated
by alcohol, drugs or narcotics shall be allowed to enter or remain
on site.
(6)
Fires: No person shall kindle, build, maintain or use a fire. No
lighted charcoal, match or other flammable material for the purpose
of a fire is allowed.
(7)
Smoking: No person shall smoke or carry lighted cigarette, pipe or
cigar containing tobacco into the areas as defined. Subsequent violations
may be subject to a fine consistent with the provisions of N.J.S.A.
2C:33-13.b. Violations of subsections 5(i) and 5(ii) of this regulation
shall be subject to the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-56
et. seq. and may be subject to the fines set forth therein in N.J.S.A.
26:3D-62.
(8)
Fireworks and explosives: No person shall have in his possession,
bring into, or discharge, any explosives, firecrackers, torpedoes,
rockets, or other fireworks, including any substance, compound, mixture,
or article having properties of such a character that alone or in
combination or conjunction with other substances or compounds may
decompose suddenly and generate sufficient heat, gas or pressure of
any or all of them to produce rapid flaming, combustion, or administer
a destructive blow to surrounding objects.
(9)
Cooking: All cooking on site is prohibited.
(10)
Swimming: Swimming and bathing are not allowed. Swimming is
allowed in designated pools located within the Borough.
(11)
Defacing or destruction of property: No person shall injure,
deface, cut out, displace, remove, fill in, raise, destroy, excavate,
tamper, or create any disturbance to property contained on the property
whether it be natural or man-made. No artifact or any other organic
or inorganic material may be removed from any area.
(12)
Climbing: No person shall climb or stand upon any wall, fence,
shelter, seat, statue, tree or other erection.
(13)
Littering: No person shall deposit litter on the property.
(14)
Rubbish and refuse matter: No person shall take into, carry
through, leave in, or throw, cast, lay, drop or discharge any rubbish,
refuse, garbage or other materials into or suffer or permit any servant,
agent, employee or person in his or her charge to do the same.
(15)
Minors: No parent or guardian or custodian of any minor shall
permit or allow him to do any act prohibited by law. Parents, guardians
or custodians of minors who accompany minors are responsible for their
actions.
(16)
Parking: Parking is permissible only to those who are using
a greenway on the designated site. The site is limited to seven vehicles.
No owner or driver shall park any vehicle anywhere outside of a designated
parking place, or leave the vehicle parked anywhere within the parking
lot after dusk. Any vehicle parked or standing as to obstruct or impede
a normal flow of traffic; blocking entrances or exit ways, left after
dusk or presenting in any way a safety or traffic hazard, may be removed
by towing or otherwise. The cost of removal and storage shall be borne
by the owner and shall be paid before regaining possession of the
vehicle.
B.
Penalties. Any person violating any provision of these regulations
shall forfeit and pay a fine or penalty therefore as may be fixed
by the court in its discretion and in accordance with law, in many
cases up to $1,000. In addition to any fines provided thereof, in
many cases restitution for the cost, including labor, incurred by
the Borough as a result of a person's violation of a regulation,
may be ordered by the Judge.
