[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 3-16-1983 as Ord. No. 83-1; amended in its entirety 3-15-1995 by Ord. No. 95-3. Subsequent amendments noted where applicable.]
[Amended 6-11-2007 by Ord. No. 15-07]
The purpose of this chapter is to provide rules and regulations
for the use, control and protection of and conduct in the municipal
parks and recreation areas and the Civic Center of the Borough of
Mount Arlington to ensure their orderly and safe use, to help assure
their preservation, to promote minimum inconvenience to those people
bordering them and to provide penalties for violations.
A.
This chapter shall apply to all municipal facilities. The term "municipal
facilities" is hereby defined to include all municipally owned buildings
and grounds, all undeveloped municipally owned land, all municipally
owned baseball or playing fields, Memorial Park, Mount Arlington Beach,
all municipally owned docks, and all municipally owned basketball
and tennis courts.
[Amended 7-10-2006 by Ord. No. 19-06]
B.
This chapter shall also apply to all parks and recreation areas under the jurisdiction of the Mayor and Council of the Borough of Mount Arlington, hereinafter called the "governing body of the Borough of Mount Arlington" or "borough," unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the governing body may appoint the Board of Recreation Commission or its designee for lands under the jurisdiction of the borough, except for the use of the Civic Center, which may only be authorized by the governing body. This chapter shall supplement and not supersede Chapter 40, Alcoholic Beverages, Article II, Municipal Beach Regulations; Chapter 95, Fishing; Chapter 151, Tennis Courts, Municipal; and Chapter 171, Vehicles, Recreational.
[Amended 6-11-2007 by Ord. No. 15-07; 3-9-3009 by Ord. No. 04-09]
In the interpretation of this chapter and all succeeding municipal
facilities park and recreation area ordinances, 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 officer or employee of the Board of Recreation Commission or
borough in line of duty or work as such or by any person, his agent
or employees in the proper and necessary execution of the terms of
any agreement with the Board of Recreation Commission or borough.
[Amended 3-9-2009 by Ord.
No. 04-09]
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.
No person shall be permitted within any municipal facility or
any park or recreation area while under the influence of intoxicating
beverages, drugs or narcotics. No person shall possess or consume
alcoholic beverages, drugs or narcotics in any municipal facility
or any park or recreation area.
A.
Group use.
(1)
No group of 20 or more persons shall use a borough park or recreation
area without first having obtained a group use permit not later than
10 days before the proposed date of use. Group use shall be limited
to designated areas. Adult supervision of children's groups is required
at all times.
(2)
(Reserved)
[Repealed 7-10-2006 by Ord. No. 19-06]
B.
No person shall call or hold any public meeting or give any concert or public entertainment of any kind within a borough park or recreation area or any municipal facility without first having obtained written permission in advance from the authority set forth in § 123-2, no later than 10 days before the proposed date of use.
[Amended 10-15-2002 by Ord. No. BH 2002-01; 5-8-2006 by Ord. No. 14-2006; 5-10-2016 by Ord. No. 04-2016]
A.
No person in a public park or recreation area shall:
(1)
Possess, have in custody, or control, any dog, cat or any other animal
without a leash or otherwise contained, except during authorized animal
shows or similar special programs. No animal shall be allowed in any
municipally owned building at any time other than a service animal;
law enforcement purposes; or for purposes of being inoculated at a
Borough-sponsored clinic. All animals must be accompanied by a responsible
person over the age of 18.
(2)
Cause or permit any animal to run at large in any area of the Borough.
B.
Violations and penalties. Any person convicted of a violation of
any of the provisions of this ordinance shall be punished by imposition
of a fine not to exceed $2,000.
A.
No person shall leave bottles, broken glass, ashes, wastepaper or
other rubbish within a borough park or recreation area or any municipal
facility, except in a properly provided receptacle designated for
that purpose.
B.
No person shall throw or place any dirt, stone, rock, debris, foreign
or waste substance upon or within any borough park, recreation area
or any municipal facility.
No person shall pick flowers, foliage, berries or fruit or cut,
break, dig up or in any way mutilate or injure any tree, shrub, plant,
fern, grass, turf, railing, seat, fence, structure or any other object
within a borough park, recreation area or any municipal facility.
[Amended 7-10-2006 by Ord. No. 19-06]
No person shall build, light or maintain a fire within a borough
park, recreation area or any municipal facility, except in a camp
stove or a fireplace provided, maintained or designated for such purpose
by the borough.
A.
No person, except duly authorized law enforcement officials, shall
bear any weapon or firearms within or into a borough park, recreation
area or any municipal facility. Firearms shall not be carried nor
be in the possession of anyone in the borough park or recreation areas.
The carrying and shooting with bow and arrow are further prohibited
in said areas.
B.
No person shall molest, trap, capture, hold, remove, injure or kill
any animal or disturb its habitat within a borough park or recreation
area.
A.
No person shall engage in any commercial enterprise, including but
not limited to the offering of services, soliciting, selling or peddling
any liquids or edibles for human consumption, or distribute circulars
or hawk, peddle or vend any goods, wares or merchandise within a borough
park, recreation area or any municipal facility without a permit.
[Amended 7-10-2006 by Ord. No. 19-06]
B.
No person, shall cut, carve, paint, mark, paste or fasten on any
tree, fence, wall, building, monument or other object within a borough
park, recreation area or any municipal facility any bill, advertisement
or inscription; nor shall any person distribute, cast, throw or place
any handbill, pamphlet, circular, advertisement or notice of any kind
within a borough park or recreation area or any municipal facility.
A.
No person shall use any portion of a borough park, recreation area
or any municipal facility for purpose of way, except drives, parking
areas, roadways, paths, walks and trails established for such purpose
by the borough; and footpaths or walks established for pedestrian
travel shall not be used for vehicular travel. The use of mopeds or
motorized bikes will be limited to roadways, drives and parking areas
as established and opened to all other vehicular traffic.
B.
No person shall drive or propel or cause to be driven or propelled,
along or over any road within a borough park or recreation area, any
vehicle at a rate of speed greater than 10 miles per hour.
C.
No person shall drive or propel or cause to be driven or propelled,
along or over any road, parkway, drive or parking area within or adjacent
to a borough park, recreation area or any municipal facility, any
motor vehicle in a reckless manner or in a manner to endanger the
life, limb or property of pedestrians or the drivers or occupants
of other vehicles or any other person within a borough park, recreation
area or parking area. The motor vehicle operator and the motor vehicle
operated within a borough park, recreation area or parking area shall
be in compliance with New Jersey State motor vehicle license and safety
laws.
D.
No person shall park or store any motorcar, motorcycle, bicycle,
wagon or other vehicle within a borough park, recreation area or parking
area. Loitering in or around parked vehicles is prohibited.
[Amended 7-10-2006 by Ord. No. 19-06]
No person shall, without permission, enter into or remain within
a borough park or recreation area except during the following hours
of operation. The hours for use of borough parks and recreation areas
shall be from dawn to dusk, except those recreation areas that are
lighted and where signs are posted indicating that the areas may be
used past dark. In those lighted areas, the hours of operation shall
be as indicated on signs posted.
A.
No person shall harass, obstruct, molest, assault or interfere with
any person lawfully within a borough park, recreation area or any
municipal facility or shall resist, obstruct, molest, assault or interfere
with any agent or officer of the borough or Board of Recreation Commission.
[Amended 3-9-09 by Ord. No. 04-09]
B.
No person shall remain within a borough park, recreation area or
any municipal facility who does not abide by conditions adopted and
posted by the borough or Board of Recreation Commission for the preservation
of good order and the protection of property within a borough park,
recreation area or any municipal facility; and no person shall remain
within a borough park, recreation area or any municipal facility who
does not abide by the instructions and directions of duly authorized
officers or agents of the borough or Board of Recreation Commission
in the lawful performance of their duties. Any person directed by
an agent or officer of the borough or Board of Recreation Commission
to leave a borough park, recreation area or any municipal facility
shall do so promptly and peaceably.
[Amended 3-9-09 by Ord. No. 04-09]
C.
No person shall use threatening, abusive, boisterous, insulting or
indecent language or gestures within a borough park, recreation area
or any municipal facility, nor shall any oration, harangue, public
demonstration or any nuisance be made.
A.
Permits for special events in parks and recreation areas or use of
any municipal facility shall be obtained by written application on
forms prescribed by the borough to the approving governing agency,
in accordance with the following procedure:
(1)
A person seeking issuance of a permit hereunder shall file an
application stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park, recreation area or portion thereof or the Civic Center
for which the permit is desired.
[Amended 6-11-2007 by Ord. No. 15-07]
(e)
Any other information which the approving governing agency shall
find reasonably necessary to make a fair determination as to whether
a permit should be issued hereunder.
(f)
Variances required from park rules and regulations.
(2)
Standards for issuance of a use permit shall include the following
findings:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary or
burdensome expense or police operation by the borough.
(e)
That the facilities desired have not been reserved for other
use on the date and hour requested in the application.
B.
A permittee shall be bound by all rules and regulations and all applicable
ordinances as fully as though the same were inserted in said permits.
C.
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. A permittee shall be required 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 from time to time determined prior to the commencement of any
activity or issuance of any permit.
D.
Except for events sponsored by the governing body, every applicant
shall, upon approval of an application, pay: (1) for use of the ballfield,
a fee of $25 per hour; (2) for use of the Civic Center pay: (a) a
fee for the use of the Center in the amount of $150 per use, and (b)
a refundable deposit of $150, which shall be usable by the borough
for extraordinary cleaning services or damage to the Center resulting
from the applicant's use of the Center, and will be fully refunded
in the absence of damage or the need for extraordinary cleaning. The
fee and deposit for use of the Center will be waived for any application
by: (1) a present borough employee provided the use is for an event
pertaining to an immediate family member; (2) volunteer groups serving
the borough (but not for individual members of such groups; and (3)
Girl Scout and Boy Scout groups.
[Amended 6-21-2000 by Ord. No. 00-111; 11-11-2003 by Ord. No. 29-03; 6-11-2007 by Ord. No. 15-07]
E.
Waiver. The governing body, for good cause shown by the applicant,
may waive any provision of this chapter or rule or regulation adopted
for the regulation of the use of the park, recreation area or any
municipal facility at the time of issuing approval for the use of
said area.
F.
Revocation. The governing agency shall have the authority to revoke
a permit upon a finding of violation of any rule or ordinance or upon
good cause shown.
[Added 11-11-2003 by Ord.
No. 29-03; amended 6-11-2007 by Ord. No. 15-07; 5-10-2016 by Ord. No. 04-2016]
A.
Users of the Civic Center must leave the premises after use in a
neat and orderly condition. Any damage to the premises or its furnishings
should be reported as soon as possible to the Borough Clerk, and may
result in the forfeiture of all or a portion of the refundable deposit.
B.
At least one adult chaperone who is 21 years of age shall be on the
premises at all times and shall be responsible for the conduct of
any minors invited by persons using the Civic Center.
C.
No alcoholic beverages are allowed on the premises.
D.
Applications for use of the Civic Center shall be submitted to the
Borough Clerk. Approvals for use of the Civic Center shall be granted
only to the Borough residents, Borough based groups, or for community
activities of the borough. Reservations shall not be approved for
more than three months on any application.
A.
The Borough Police Department shall, in connection with its duties
imposed by law, diligently enforce the provisions of this chapter.
B.
The Borough Police Department shall have the authority to eject from
any park, recreation area or any municipal facility any person or
persons acting in violation of this chapter.
C.
The Borough Police Department shall have the authority to seize and
confiscate any property, thing or device in any park, recreation area
or any municipal facility used in violation of this chapter.
[Amended 7-8-02 by Ord. No. 02-23]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be liable for the replacement, repair or restoration of any park, recreation area or any municipal facility property damaged thereby and shall be liable to the penalty provided by Chapter 1, Article III.
[Added 5-12-2003 by Ord.
No. 12-03; amended 7-10-2006 by Ord. No. 19-06]
Smoking shall be prohibited on or within all municipal facilities
except that it shall be permitted within parking areas adjacent thereto.
[Added 5-12-2003 by Ord.
No. 12-03]
No person shall hit a golf ball, or participate in any activities
involving the use of golf clubs or golf balls, within, from, or into
a borough park or recreation area except within the areas specifically
designated by signs and markings for such activities, and within such
areas there shall be no driving of golf balls, only chipping and putting.
[Added 6-23-2003 by Ord.
No. 16-03]
The lifeguards at the Municipal Beach are hereby authorized
to provide swimming lessons at the Municipal Beach to borough residents.
Residents who wish to take swimming lessons shall sign up for a complete
series of lessons and pay a fee to be established annually by resolution
of the Mayor and Borough Council. There will be no refunds for failure
to complete the entire course. All monies collected for said fees
shall be turned over to the Borough's Finance Officer within 48 hours
of collection for deposit into the Recreation Commission Trust Fund.
[Added 12-13-04 by Ord. No. 18-04]
A.
Definitions. For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
(1)
FEED — To give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
(2)
PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
(3)
WILDLIFE — All animals that are neither human nor domesticated.
B.
Prohibited conduct. No person shall feed, in any public park or on
any other property owned or operated by the Borough of Mount Arlington
any wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks, or rehabilitation centers, or unconfined wildlife
at environmental education centers).
[Added 7-10-2006 by Ord.
No. 19-2006; amended 5-10-2016 by Ord. No. 04-2016; 10-6-2020 by Ord. No. 06-2020]
A.
The Municipal Beach shall be open to residents of the State of New
Jersey only during the hours between sunrise and dusk. Reasonable
access shall be afforded for residential and non-residential use of
the Municipal Beach, however capacity limits may be set by resolution
of the Governing Body to ensure public safety.
B.
In order to provide funds to improve, maintain and police the Municipal
Beach and to protect the same from erosion, encroachment, or otherwise,
and to provide facilities and safeguards for recreation, including
the employment of lifeguards and other necessary personnel, reasonable
fees shall be charged any person seeking access to the Municipal Beach
and recreational facilities from Memorial Day through Labor Day. Such
fees shall be set by resolution of the Borough Council as provided
for in this chapter, and shall be set in accordance with applicable
law. The setting of such fees shall also take into consideration those
amounts already paid by any person paying ad valorem taxes to the
Borough to provide funds for the forgoing purposes.
C.
Unless determined otherwise by a resolution of the Borough Council,
the general operating season shall commence on Memorial Day and continue
through Labor Day. During the operating season all persons using the
Municipal Beach during operating hours shall obtain and display an
appropriate beach badge. Lifeguards or other necessary attendants
employed by the Borough shall be permitted to enforce the requirements
set forth in this subsection. Fees for the purchase of beach badges
shall be set yearly by resolution of the Borough Council.
D.
Parking placards shall be provided to residents and non-residents
for access to the public parking at the Municipal Beach. Parking placards
shall serve as a parking pass, which shall be displayed conspicuously
on the driver's side dashboard in a form to be approved by the
Chief of Police, and at a cost confirmed yearly by resolution of the
Borough Council consistent with the requirements of this chapter.
Borough police or other necessary attendants employed by the Borough
shall be permitted to limit capacity and enforce the requirements
set forth in this subsection so as to ensure public safety.
E.
No one under the age of 15 shall be permitted on the Municipal Beach
unless accompanied by a person 18 years or older, who shall remain
at the Municipal Beach at all times during which the child is at the
Municipal Beach.
F.
All rules posted on the signs at the Municipal Beach shall be observed
at all times.
G.
No fishing is permitted in the lake at the Municipal Beach during
Municipal Beach hours.
H.
Signs shall be posted at the Municipal Beach indicating that swimming
in the absence of lifeguards is prohibited.
I.
No bicycles or other wheeled vehicles other than strollers or wheelchairs
are allowed on the docks at the Municipal Beach.
J.
Wrestling, running, punching, pushing or pulling others into the
lake is prohibited.
[Added 7-10-2006 by Ord.
No. 19-06]
A.
No one under the age of 15 shall be permitted on any borough owned
docks or other facilities adjacent to Lake Hopatcong unless accompanied
by a person 18 years or older.
B.
No one over the age of 15 shall be permitted to fish within Memorial
Pond.
C.
Only borough residents shall be allowed on the West Dock, located
on West Bertrand Road.
D.
No bicycles or other wheeled vehicles other than strollers or wheelchairs
are allowed on any borough owned docks.
E.
Wrestling, running, punching, pushing or pulling others into the
lake is prohibited on any borough owned docks.
