[1973 Code § 110-31.3]
No person shall engage in the playing of soccer, football or
any other game in which a ball is propelled with the foot in any playground
of the Town of Kearny unless such activity is with the permission
of and under the direct supervision of the Kearny Superintendent of
Recreation.
[1973 Code § 110-31.5]
No person shall engage in stickball, baseball and soccer games,
whereby the object/activity of the game is to hit and/or strike a
ball at the following locations:
Name of Park/Area
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Dowd Playground
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Between Devon Terrace and Hoyt Street
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[1973 Code § 110-31.1]
No person shall engage in the driving of golf balls on any public
ballfield in the Town of Kearny without having first obtained written
permission from the Town of Kearny Superintendent of Recreation to
do so.
[Ord. No. 2004-(O)-41; Ord. No. 2010-25; Ord.
No. 2012-34; Ord. No. 2012-45]
a. No person shall bring or allow any dog or pet in or onto any field
or playground at the following parks, playground or recreation areas:
8. Belgrove Drive Playground.
11. Brighton Avenue Playground.
b. Exemption. The provisions of this section shall not apply to any
dogs used as guides for blind persons and commonly known as "seeing
eye dogs."
[Ord. No. 2008-(O)-07; Ord. No. 2008-(O)-26 §§ 1
— 3; Ord. No. 2013-11; Ord. No. 2013-17]
a. Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
PLAYGROUND
Shall mean municipally owned properties used for and devoted to children's or adults' play activities as set forth in the enumerated list in subsection
11-1.5b, but shall not include the parking areas servicing those facilities.
SMOKING
Shall mean the inhaling, exhaling, burning, or carrying of
any lighted cigarette, cigar, pipe, or other similar devices that
contain tobacco and/or other similar devices that burn tobacco or
similar materials.
b. Smoking Prohibited in Playgrounds. No person shall smoke within the
boundary of the following playgrounds:
1. Belgrove Drive Playground located on Belgrove Drive near Park Avenue.
2. Bell Playground located on Stewart Avenue between Chestnut Street
and Devon Street.
3. Columbia Playground located on the corner of Columbia Avenue and
Elm Street.
4. Coogan/Manor Playground located on the corner of West Bennett and
Jefferson Avenues.
5. Dowd Playground located on Devon Terrace between Davis Avenue and
Hamilton Avenue.
7. Miglin Playground located on the corner of Johnston and Sherman Avenues.
8. Pettigrew Playground located on the corner of Highland and Woodland
Avenues.
9. Riverbank Park Playground across from West Bennett Avenue.
10. Tappan Playground located on Tappan Street between Davis Avenue and
Devon Street.
11. Windsor/Grove Playground located on the corner of Windsor and Grove
Streets.
13. Gunnel Oval Sports Complex.
15. Corbett Hockey Field and Futsol Soccer Field at Riverbank Park Marina
Area.
16. Fairlawn Manor Park, Coogan Playground.
c. Smoking Prohibited in Public Parks. No person shall smoke within
the boundaries of any public park, provided, however, that this provision
shall not apply to: parking areas serving those facilities or the
public sidewalks immediately adjoining the public park.
d. Posting Signs. A "No Smoking" sign shall be clearly, sufficiently,
and conspicuously posted at every such playground facility where smoking
is prohibited by this subsection. The sign(s) shall have the words
"No Smoking" in lettering that is not less than two inches in height,
and shall contain the international no smoking sign or symbol.
e. Enforcement. The Kearny Police Department and Kearny Health Department
shall be charged with the diligent enforcement of the provisions of
this subsection.
f. Violations and Penalties. It shall be a violation of this subsection
for any person to smoke or carry a lighted cigarette, cigar, or pipe
or other similar devices where smoking is prohibited.
Any person violating the provisions of this section shall be
subject to the following penalties:
1. For the first violation, a warning.
2. For the second violation, a fine not exceeding $100.
3. For the third violation, a fine not exceeding $200 but no less than
$100.
4. For the fourth violation, a fine not exceeding $500 but no less than
$200.
[1973 Code § 110-31.2]
No person shall remain in any of the public parks of the Town
of Kearny beyond 1/2 hour after sunset as established by prevailing
time.
[Ord. No. 1996-45 § 1]
The use of all ballfields within the following parks and recreation
areas shall be governed by this section:
c. Veteran's Field.
Basketball Courts and Playground Areas in the above facilities
are not subject to the provisions and regulations of this section.
[Ord. No. 1996-45 § 2]
While in a recreation area, all persons shall conduct themselves
in a proper and orderly manner, and in particular no person shall:
a. Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, tables, benches, fencing 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, or recreation area
property whatsoever, either real or personal;
b. Construct or erect any buildings 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 hereunder; and,
c. Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No persons above the age of six years shall
use the rest rooms and washrooms designated for the opposite sex.
d. Bring or allow any animal or pet onto any field.
e. Bring alcoholic beverages or drink same at any time while in one
of the designated areas;
f. Enter an area posted as "Closed to the Public", nor shall any person
use or aid in the use of any such area, in violation of posted notices;
and
g. Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
[Ord. No. 1996-45 § 3; Ord. No. 2002-O-32 § 1]
a. Except for unusual and unforeseen emergencies, recreation areas shall
be open to the public every day of the year from the hour of 9:00
a.m. to one-half hour after sunset. No person shall enter upon or
occupy any recreation area except during such hours without the written
permission of the Kearny Recreation Department, which permission shall
be evidenced by a permit;
b. Any section or part of any recreation area may be declared closed
to the public at any time and for any interval of time, which intervals
may be temporary or regular, stated daily or otherwise, and may be
either entirely for field maintenance or for other certain uses.
[Ord. No. 1996-45 § 4; Ord. No. 2002-O-83 § 9; Ord. No. 2012-22; Ord.
No. 2013-2; Ord. No. 2019-15]
Permits are required for use of the Town Parks and Recreation
Facilities. There shall be a fee charged for the issuance of each
permit, which fees shall be as set forth in the Parks and Recreation
fee ordinance.
a. No permit shall be issued for use of any recreation area by groups
of individuals of fewer than 15 in number. Organized teams of any
number/size must obtain a permit.
b. Permits for events in the recreation areas shall be requested from
the Kearny Recreation Department upon provision of the following:
1. The name and address of the applicant;
2. The name and address of the person, persons, group, corporation or
association sponsoring the activity, if any;
3. The activity/game/event for which the permit is requested;
4. The day and hours for which the permit is desired;
5. The recreation area or portion thereof for which such permit is desired;
6. A copy of a Certificate of Insurance for the group, corporation,
association or activity is required. In the absence of a Certificate
of Insurance, any insurance charge will be assessed, which charge
shall be set forth in the fee ordinance for Parks and Recreation;
7. A hold harmless agreement, which shall be provided by the Town, and
shall hold the Town of Kearny harmless for any and all losses, damages
or injuries of any kind and of any cause, suffered in relation to
the use of the Kearny recreation facilities; and
8. Any other information which the Kearny Recreation Department shall
find reasonably necessary to make a fair determination as to whether
a permit should be issued hereunder.
c. An application for a use permit by the Kearny Recreation Department
will be reviewed with consideration to the following:
1. The proposed activity or use of the recreation area shall not unreasonably
interfere with or detract from the general public enjoyment of the
area;
2. The proposed activity and use shall not unreasonably interfere with
or detract from the promotion of public health, welfare, safety, recreation
and shall not include violence, crime or disorderly conduct;
3. The facilities desired have not been reserved for other use at the
date and hour requested.
d. A permittee shall be bound by all recreation area rules and regulations
and all applicable ordinances fully, as though the same were explicitly
set forth in the permit.
e. Field/facility lighting charges (in addition to permit fees): $25
per 2-hour permit session.
[Ord. No. 2019-15, applicable
to all field/facility uses occurring on and after September 1, 2019.
f. Field/facility use:
[Ord. No. 2019-15, applicable
to all field/facility uses occurring on and after September 1, 2019.
1.
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Field/Facility permit, youth, 2 hours per day
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$75. Kearny private groups
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|
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$150. Non-Kearny private groups
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|
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$25. Kearny nonprofit groups
|
|
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$50. Non-Kearny nonprofit groups
|
2.
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Field/Facility permit, adult, 2 hours per day
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$100. Kearny private groups
|
|
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$200. Non-Kearny private groups
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|
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$50. Kearny nonprofit groups
|
|
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$100. Non-Kearny nonprofit groups
|
3.
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Field/Facility permit, youth all day (maximum 8 hours per day)
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$150. Kearny private groups
|
|
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$300. Non-Kearny private groups
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|
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$50. Kearny nonprofit groups
|
|
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$100. Non-Kearny nonprofit groups
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4.
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Field/Facility permit, adult all day (maximum 8 hours per day)
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$250. Kearny private groups
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|
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$500. Non-Kearny private groups
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$150. Kearny nonprofit groups
|
|
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$300. Non-Kearny nonprofit groups
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5.
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Field/Facility permit, youth seasonal fee (two hours per field/day
per week/season)
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$300. Kearny private groups
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|
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$600. Non-Kearny private groups
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|
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$100. Kearny nonprofit groups
|
|
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$200. Non-Kearny nonprofit groups
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6.
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Field/Facility permit, adult seasonal fee (two hours per field/day
per week/season)
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$400. Kearny private groups
|
|
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$800. Non-Kearny private groups
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|
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$250. Kearny nonprofit groups
|
|
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$500. Non-Kearny nonprofit groups
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Subject to receipt of prior approval from the Kearny Recreation
Commission, a Kearny non profit group that jointly administers its
sports program with a Town of Kearny Recreation sports program shall
not be required to pay field use fees under this subparagraph f or
lighting fees under subparagraph e for combined field usage by said
Kearny non profit group and the Town Recreation Department.
|
g. To qualify as a Kearny group, either profit or nonprofit, under paragraph
f., the group must be an organization where the office or the place
of business is Kearny and at least 80% of the participants are Kearny
residents.
h. To qualify as a nonprofit group, either Kearny or non-Kearny, under
paragraph f, the group must be a group organized as such under New
Jersey law.
[Ord. No. 1996-45 § 5]
a. An appropriate permit shall be shown upon request to any Kearny police
officer, or member or employee of the Kearny Recreation Department.
b. The Kearny Police Department shall have the authority to eject from
the recreation area any person or persons acting in violation of this
section.
c. The Kearny Recreation Department shall have the authority to revoke
a permit upon finding of a violation of any rule or ordinance of the
Town of Kearny, any State statute or regulation, or upon good cause
shown. However, no member of the Kearny Recreation Department shall
have the authority to eject from the recreation area any person or
persons acting in violation of this section.
[Ord. No. 1996-45 § 6]
This section shall not apply to any participants or spectators
present at the Kearny parks or recreation facilities in conjunction
with any games or events sponsored by, authorized by, and/or approved
by the Kearny Recreation Department.
[Ord. No. 1996-45 § 7;
New]
a. Every person convicted of a violation of a provision of this section shall be liable to the penalty stated in Chapter
1, Section
1-5.
b. Any violators will be subject to criminal trespass charges, as set
forth in N.J.S.A. 2C:18-3, and penalties attendant thereto.
[1973 Code § 108-1; Ord. No. 2002-O-83 §§ 7, 8; Ord. No. 2012-22]
In order to provide the necessary funds to improve, maintain
and police the parklands and picnic areas within the Town of Kearny
bordering on the Passaic River and known as Riverbank Park, the following
fees shall be charged for the use of the facilities:
a. Any individual, group or organization requesting a permit shall pay
a permit fee of:
1. Individual, group or organizations
Resident
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$100
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Nonresident
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$200
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2. Youth groups or organizations
Resident
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$50
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Nonresident
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$100
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3. Frank A. Vincent Marina
Resident
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$100
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Nonresident
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$200
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[1973 Code § 108-2]
The following rules and regulations are hereby established,
and it shall be unlawful to:
a. Camp or sleep overnight in any of the above noted parklands;
b. Act in a loud, indecent, obscene or offensive manner;
c. Throw, place, deposit or leave any bottles, glass, crockery, sharp
or pointed articles or things, paper, refuse or debris of any kind
on the parklands;
d. Start or maintain any fire on the parkland other than in those places
specifically designated for same.
[1973 Code § 108-3]
The Town of Kearny hereby reserves the right to revoke the permit
granted to any group of individuals for violation of the above rules
and regulations.
Such revocation shall not preclude the imposition of any other
penalties provided for such violations herein.
[1973 Code § 108-4; New]
Any person violating any of the provisions of this section or any of the rules and regulations adopted hereunder, shall upon conviction thereof be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 2010-4]
a. No individual, group, youth group, organization, resident or nonresident
shall be issued a permit for the use of the Norman Doyle Pavilion
or the Frank Vincent Marina more than one time in any sixty-day period
and in no event more than three times in one calendar year.
b. For all purposes under this section, the Normal Doyle Pavilion and
the Frank Vincent Marina shall be deemed to be the same permitting
unit. By way of illustration, if an applicant is issued a permit for
one, that applicant is precluded from obtaining a permit for the other
during that sixty-day period.
c. No provision of this subsection shall be deemed to modify, alter or change the provisions of Town Code subsections
4-21.1 through
4-21.4.
[1973 Code § 109.3; Ord. No. 2002-O-83 § 10; Ord. No. 2012-22]
a. Any resident of the Town of Kearny shall be entitled, after obtaining
a resident pool badge, to utilize the Lincoln School Pool during Town
of Kearny Recreation Department programs.
b. Annual Fee.
0-12 years
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$20
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13-61 years
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$30
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62 years and over
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$10
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[Ord. No. 2012-22; amended 6-13-2023 by Ord. No. 2023-27 (fees effective 9-1-2023)]
a. Annual Registration fees:
1. An annual
registration fee of $50 shall be imposed for each of the following
programs:
(a)
American Legion Baseball.
(r)
Travel Basketball Youth 5th to 8th grades.
2. An annual fee of $65 shall be imposed for the Art Program.
3. An annual fee of $60 shall be imposed for the Karate Program.
4. An annual fee of $55 shall be imposed for the Red Bird Baseball Program.
5. An annual fee of $75 shall be imposed for Travel Basketball Teen
9th to 12th Grades Program.
b. If a head coach in the program is also (i) the parent of a participating
child, (ii) continues as head coach for the entire season and (iii)
is in good standing at the end of the season, he or she shall be entitled
to a refund of the registration fee for one of his or her children
at the end of the season.
[Ord. No. 2012-22; amended 6-13-2023 by Ord. No. 2023-27 (fees effective 9-1-2023)]
a. Adult residents of the Town who use public golf courses in Essex
County may register with the Recreation Department by completing an
application form and paying the following annual fee:
21 years of age to 61 years of age
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$25
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61 years of age and older
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$15
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b. Each registrant shall remain personally responsible for whatever
fees may be imposed by Essex County upon nonresidents for use of the
courses, but shall become entitled to the free use of an electric
golf cart for the entire season under rules and practices established
by the Recreation Department.
[Ord. No. 2016-19]
a. Dog Park use within Riverbank Park shall be in accordance with the
following rules:
1. Small dog park is limited to dogs weighing 25 lbs. or lighter.
2. Large dog park is limited to dogs weighing 25 lbs. or larger.
3. Dogs must be accompanied by an adult (18 years or older).
(a)
Limit of three dogs per adult.
(b)
No dogs in heat or puppies under four months allowed.
4. No children under 10 years old allowed in fenced area.
5. Dogs must have a current license.
6. Dogs must have current vaccinations and shots. No dogs permitted
with communicable diseases or infections.
7. Dogs must be kept on leash until inside gated area.
8. Collar must be kept on dog at all times.
9. Dogs must be removed from park at first sign of aggression.
10. Dogs must be removed if incessantly barking.
11. No spike or choke collars.
12. Owners are required to clean up after their dog.
13. Park may be closed for maintenance without prior notice.
14. All dog bites must be reported to the Police Department.
15. No toys or balls allowed.
18. Use of the dog park is at the dog owner's sole risk.
19. Dog owners are responsible and liable for the actions and behavior
of their dogs at all times.
[Ord. No. 2016-19]
Dog Park shall be open everyday of the week from dawn to dusk.
No person shall enter the dog park at any other time.
[Ord. No. 2016-19]
The Kearny Police Department shall be charged with the enforcement
of the provisions of this section.
[Ord. No. 2016-19]
Any person violating the provisions of this section shall be
subject to the following penalties:
a. For the first violation a fine not exceeding $100.
b. For the second violation, a fine not exceeding $200 but no less than
$100.
c. For the third violation or any violation thereafter, a fine not exceeding
$500 but no less than $200.