[HISTORY: Adopted by the Township Committee
of the Township of Lebanon by Ord. No. 2001-38 (Sec. 3-6 of the 1985 Revised General Ordinances). Amendments
noted where applicable.]
The purpose of this chapter is to establish
rules and regulations for the protection, care and control of the
public park and playground in the Township of Lebanon, to regulate
the conduct of persons on or within the park or using the facilities
thereof and to provide penalties for the violation of its provisions.
A.
The following rules and regulations pertaining to
the use by the public of the Lebanon Township Memorial Park, hereinafter
referred to as the "park," are hereby established as follows:
(1)
No littering is permitted in the park.
(2)
No horses or horseback riding is permitted in the
park without a special permit.
(3)
Vehicles; bicycles; skateboards.
(a)
No motorized vehicles, including minibikes,
motor scooters, go-carts and motorcycles, are permitted in the park,
except licensed motor vehicles in the parking lot, unless the operator
of the motor vehicle obtains a special permit.
(b)
No motorized wheeled vehicles (except wheelchairs)
are permitted in the pavilion. There shall also be no skateboarding
and/or bike riding in the pavilion.
(c)
Helmets shall be worn while riding any bicycle
while in the park.
(4)
No fires, except charcoal cooking fires in the park-provided
grills, may be started in the park without first obtaining a special
permit.
(5)
No alcoholic beverages are allowed to be brought into
the park without first obtaining a special permit from the Lebanon
Township Committee or designee.
(6)
No person shall willfully mark, disfigure, injure
or displace any park property whatsoever.
(7)
No person shall be permitted in the park between the
1/2 hour after sunset and before sunrise without first obtaining a
special permit, except that, during winter months, persons may be
allowed in the park for the purposes as follows:
(8)
Dogs may be allowed but must be on a leash and waste
promptly and properly disposed of in a sanitary manner.
(9)
All users of the facilities shall cooperate in maintaining
rest rooms in a neat and sanitary condition.
(10)
No person shall throw, discharge or otherwise place
or cause to be placed in the waters of any pond, 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 the pollution of said waters.
(11)
No person shall bring 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.
(12)
No person shall annoy another person or utter any
profane, threatening, indecent or abusive language or act in a disorderly
manner.
B.
A complete application must be submitted at least
one day prior to a Township Committee meeting for approval/disapproval
by the Township Committee. If this cannot be done due to time constraints,
etc., the Township Clerk shall be authorized to approve/disapprove
a permit.
C.
Such regulations shall be posted in the Lebanon Township
Municipal Building and Lebanon Township Memorial Park.
A.
All special permits required according to the above-mentioned
rules shall be obtained from the Lebanon Township Committee or designee.
In the issuance of special permits, paramount consideration shall
be given to the protection of public health, safety, morals and general
welfare.
B.
Persons using the park under a special permit shall
have that permit available and be able to produce it upon request.
C.
To reserve a recreational facility for a private party
which is catered or handled by a professionally contracted service,
a certificate of insurance as proof of current liability coverage
must be provided.
D.
A fee is required in an amount to be set from time
to time by resolution or ordinance, whichever is applicable, of the
Lebanon Township Committee and this fee shall be payable to the Township
of Lebanon Memorial Park Commission prior to the issuance of the permit.
A.
The Township of Lebanon, by and through its agents
and employees, shall, in connection with their duties imposed by law,
diligently enforce the provisions of this chapter.
B.
The Township of Lebanon, by and through its agents
and employees, shall have the authority to eject from the park area
any person or persons acting in violation of this chapter.
C.
The Township of Lebanon, by and through its agents
and employees, shall have the authority to seize and confiscate any
property, thing or device in the park or used in violation of this
chapter.
D.
This chapter shall be enforced by the Township of
Lebanon Police Department.
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the designated
hours. The opening and closing hours shall be posted herein for public
information and shall be determined from time to time by resolution
of the Township of Lebanon.
B.
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.
C.
Discrimination on the basis of residence, including
preferential reservation, membership or annual permit systems, is
prohibited, except to the extent that reasonable differences in admission
and other fees may be maintained on the basis of residence in any
park.
[Added 9-18-2019 by Ord. No. 2019-07]
The hunting, shooting, killing and
removal of white-tailed deer shall be allowed solely for the purpose
of reducing and managing the Township's deer population and only in
accordance with the following provisions, and shall otherwise be prohibited
in any Township park or open space:
A.
Permit required. No person shall hunt,
shoot, kill or remove deer from any park or open space, or carry or
possess firearms of any description in which loaded or blank cartridges
may be used, or air guns, spring guns, slings or any other form of
weapon potentially dangerous to wildlife and human safety, unless
that person has first obtained a municipal deer management permit
for such activity. The permit shall be displayed on the dashboard
of a parked vehicle and a copy carried in the hunting license holder
of the individual engaged in deer management. Permittees shall clearly
label their hunting stands with the permittees' name and permit number.
B.
Dates, locations and procedures for hunting.
The number of permits issued each year, the properties for which the
permits are issued, the dates on which those properties may be hunted
and various procedures shall be determined annually by resolution
of the Township Committee. A press release and/or notice informing
the public of said designated dates and locations shall be published
on the Township's website and shall be submitted to the official newspaper(s)
of Lebanon Township for publication.
C.
Application process.
(1)
A permit shall be obtained by application
to the Lebanon Township Police Department, which application shall
contain the following:
(a)
The name and address of the applicant.
(b)
The applicant's date of birth. Applicants
must be 18 years of age or older to be eligible for the municipal
deer management permit.
(c)
The applicant's Social Security number.
(d)
The applicant's license plate number(s).
(e)
A photocopy of applicant's current
firearm or bow and arrow hunting license number.
(f)
A photocopy of any applicable state
permits (for example, but not limited to, fall and winter bow, permit
shotgun or muzzleloader rifle).
(g)
A signed certification that the applicant
is not prohibited by law from possessing a firearm and has not been
convicted of any felonies. Any applicant who is prohibited by law
from possessing a firearm or who has been convicted of a felony shall
not be eligible for a permit.
(h)
A release authorizing the Township
to conduct a background check for violations of the New Jersey Fish
and Game Code, N.J.A.C. 7:25-5, et seq., and for violations of any
local regulations pertaining to parks or to hunting. Any applicant
who has violated any provision of the Fish and Game Code or violated
any local regulation pertaining to parks or to hunting within 10 years
of the date of the application shall not be eligible for a permit.
(i)
A release allowing the Township of
Lebanon to access the NJ State Fish and Wildlife reporting records
for the prospective permit holder, including access to tag confirmation
numbers for harvested deer in the state database.
(j)
The property for which a permit is
sought.
(2)
Applications shall be available at the
Lebanon Township Police Department. Prior to any permits being issued,
all applications will be reviewed by the Lebanon Township Police Department
for accuracy of information supplied and for compliance with the requirements
set forth herein. All applications must be submitted in person by
the applicant.
(3)
People who have been awarded a license
must provide a copy of a certificate of insurance confirming general
liability insurance with coverage with combined single limits for
bodily injury and property damage of at least $1,000,000 per single
occurrence and $1,000,000 annual aggregate prior to being given the
license.
D.
Eligibility for permit. Permits shall be
available to any resident of the State of New Jersey and Lebanon Township
employees. Permits shall be issued through a lottery process to be
specified by annual resolution of the Township Committee with any
remaining permits after the lottery to be issued on a first-come,
first-served basis, subject to the following limitations:
E.
Rules and regulations.
(1)
The following rules and regulations shall
apply to any permit issued to an individual subject to accommodations
made under the ADA and any other applicable federal or state law:
(a)
Individuals engaged in deer management
shall produce a permit on demand to any law enforcement officer, or
Township employee.
(b)
Only deer may be hunted; the hunting,
shooting, killing, pursuit or removal of any other wildlife is strictly
prohibited.
(c)
A minimum of one antlerless deer
must be taken prior to the taking of an antlered deer in each applicable
season unless a higher number is established by annual resolution.
(d)
The permit shall be displayed on
the dashboard of a parked vehicle and a copy carried in the hunting
license holder of the individual engaged in deer management.
(e)
No unauthorized motorized vehicles
are permitted beyond the designated parking areas.
(f)
All hunting must take place from
an elevated stand, with ground-based discharge of any firearm or bow
and arrow prohibited unless the individual requires accommodation
under the Americans with Disability Act.
(g)
The use and/or construction of permanent
tree stands is prohibited. Hunters found using a permanent tree stand
will be subject to prosecution whether they built it or not. Only
portable stands that do not harm the trees shall be permitted but
are used and left unattended at the user's risk. Only one stand per
hunter is permitted. All stands shall be removed no later than 14
days following the expiration of the permit, hunters who fail to remove
their tree stands during this period may be disqualified from the
deer management program for two years. Hunters shall label their hunting
stands with the permittees' permit number, so that it is visible from
the ground. Hunting stands not labeled will be confiscated by the
Township.
(h)
Hunters must wear a minimum of 200
square inches of blaze orange at all times while hunting by any method.
This requirement will most commonly be met by wearing a blaze orange
vest and cap while hunting.
(i)
Baiting with mechanical feeders is
prohibited, any mechanical feeders will be confiscated by the Township.
(j)
All deer must be checked in as prescribed
by the New Jersey Division of Fish and Wildlife. Hunters shall provide
on their annual harvest questionnaire their state-issued harvest and
confirmation number(s). A secluded, secure local site for field-dressing
shall be used.
(k)
All permits shall be site-specific
and nontransferable. Permittees shall be authorized to hunt only the
property for which they have been issued a permit and shall be responsible
for knowing where they are at all times.
(l)
Deer drives shall be allowed, subject
to the following limitations:
(m)
Vehicles shall be restricted to public
roads and designated parking areas.
(n)
Hunting may begin 1/2 hour before
sunrise and must end 1/2 hour after sunset.
(o)
Target practice is strictly prohibited.
(p)
Use or possession of alcoholic beverages
or illegal substances while on the properties is prohibited.
(q)
Littering is prohibited.
(r)
All current New Jersey Division of
Fish and Wildlife perimeter rules apply: 450 feet for firearm and
150 feet for bow.
(s)
Discharging a firearm or a bow and
arrow from private property to Township property is prohibited. Discharging
a firearm or a bow and arrow from Township property to private property
is prohibited.
(t)
Discharging a firearm or a bow and
arrow on or across highways, roads or trails is prohibited.
(u)
Discharging a firearm or a bow and
arrow from a motor vehicle is prohibited.
(v)
Transporting an uncased firearm or
bow in a motor vehicle is prohibited.
(w)
Possessing a loaded firearm in or
upon a motor vehicle is considered proof of pursuing or taking of
wildlife and is prohibited.
(x)
Applicant agrees to abide by any
additional rules, regulations and/or restraints set forth by the Township
and applicable county or state government.
(y)
Any applicant who is prohibited by
law from possessing a firearm or bow, who has been convicted of a
felony or who within three years of the date of application has violated
either the New Jersey Division of Fish and Game Code or any local
regulation pertaining to parks or to hunting will not be eligible.
(z)
Possession of a permit does not give
hunters permission to cross private property. Hunters are responsible
for knowing the boundaries of Township park lands and open spaces
open to hunting, as well as safety zones. When tracking a shot deer
hunters must receive permission from private property owners prior
to tracking the deer across private property.
(aa)
Hunters in the deer management program
who receive a summons for any violation committed on Township park
land or open space, will have their permit revoked for two years and
will not be able to purchase a permit. Permits will be permanently
revoked for a second offense.
(bb)
Hunters must be aware that nonhunting
visitors are allowed on park lands and open space open to hunting;
nonhunting visitors are encouraged to wear brightly colored clothing.
Nonhunting visitors must be treated courteously.
(cc)
The permittee is not allowed to have
any nonpermitted person with him/her while engaged in active hunting.
(dd)
Hunting is not permitted on Sundays.
(ee)
All season dates and bag limits designated
by the State of New Jersey Division of Fish and Wildlife and the Fish
and Game Council for Deer Management Zone 8 shall apply.
(ff)
The Township and applicable county
and state government have the authority to stop the hunt at any given
time.
(2)
In addition, any permit issued by the Township
to an individual may contain such additional conditions as the Chief
of Police of the Township of Lebanon determines are reasonably required
to ensure the safety of Lebanon's residents, including, but not limited
to, limiting the days and times during which the permittees may hunt
thereon and restricting the areas within the parks or open spaces
on which the permittees may hunt.
F.
Duration of permit. Permits shall be valid
only during the applicable state-approved deer hunting seasons, as
said dates may be amended from time to time by the New Jersey Division
of Fish and Wildlife and the Fish and Game Council.
G.
Permit fees. In order to defray increased
maintenance, materials, labor and administrative costs incurred by
the Township in connection with its deer management program, a permit
fee of $20 is herewith established for Lebanon residents and Lebanon
employees, and a permit fee of $25 is herewith established for all
others.
H.
Revocation of permit. The Chief of Police
of the Township of Lebanon shall be authorized to revoke a permit
issued hereunder at any time if the safety of any persons or the safety
of personal property, including that of the Township of Lebanon, is
threatened as a result of the activity authorized by the permit. Violations
by any permittee of any applicable state or local rules and regulations
pertaining to hunting or use of park land shall also cause the permit
to be revoked. Where such permit has been revoked or where persons
or personal property are endangered as set forth above, the chief
of police is authorized to require that such person or persons leave
the park area immediately and take all steps necessary to eliminate
the condition which endangers persons or personal property.
I.
Violations and penalties. All state and
local regulations pertaining to parks and to hunting shall remain
in full force and effect and nothing herein shall be construed to
abrogate same. Violation of this section, any special condition or
any applicable state or local regulation will result in the immediate
loss of hunting privileges on the property and will subject the hunter
to any applicable penalties.
J.
Enforcement. The provisions of this section
and provisions of any rules and regulations adopted by the Township
committee shall be enforced by the Police Department of the Township
of Lebanon.
K.
Farmland depredation. The provisions set
forth above shall in no way interfere with nor take the place of farmland
depredation permits or permits to kill wild deer issued and managed
by the New Jersey Division of Fish and Wildlife, and/or the U.S. Fish
and Wildlife Service for farmers who lease Township park land or open
space.
