The provisions of this chapter relate to the parks, streams,
lakes, public open space, and recreational areas within the jurisdiction
of the Borough of Woodstown, hereinafter referred to as "park areas,"
and to all persons who enter upon or use these areas.
As used in this chapter, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE(S)
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or detachable tab of any bottle, jar or can, any lighted or unlighted
cigarette, cigar, match or any flaming or glowing material, or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction materials,
or pet excrement, but does not include the waste of primary processes,
such as farming or manufacturing, where such wastes are regulated
by any federal or state agency and properly disposed in accordance
with such federal and state regulations.
OPEN SPACE
Any nature areas, greenbelts, and wildlife and vegetation
habitat areas.
PARK AREA(S)
Includes any park, parkway, stream, lake, public open space,
or recreational area within the limits of the Borough of Woodstown
which is opened to the public, irrespective of whether or not the
same shall be owned by the Borough.
PROPER AUTHORITY
The Borough Council or its empowered designee by delegation
of authority, which delegation may be by resolution of the Borough
Council.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe, hookah or similar
device, or other matter or substance which contains tobacco or any
other matter that can be smoked, or the inhaling or exhaling of smoke
or vapor from an electronic smoking device.
TOBACCO PRODUCT(S)
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco, including
electronic smoking devices and dissolvable tobacco products not FDA-approved
for tobacco cessation.
All park areas shall be open from sunrise until sunset unless
otherwise granted permission by the proper authority. Anyone using
the park areas shall be expected to be fully off property within 30
minutes after sunset.
While in a park area, all persons shall conduct themselves in
a proper and orderly manner, and in particular all persons shall:
A. Not swim or wade. Swimming or wading is prohibited in all bodies
of water or waterways and at such places in or adjacent to any park
areas.
B. Fish only in designated areas.
C. Obey the rule of "first come, first served" at all sites and in connection
with all facilities in any park area, unless the Borough's "Request
of Facilities Form" (see Attachment B) has been submitted, along with any applicable fees, which
authorizes the use of such a facility or area at a designated time
by written permission as provided for herein. Attendants shall have
the authority to regulate activities and use of facilities in such
areas when necessary to prevent congestion and to secure maximum use
for the comfort and convenience of all. Visitors shall comply with
any directions given for this purpose. Use of any facility shall be
reasonable as to area and length of time, in relation to the number
of persons desiring to use such facilities, and no person shall arbitrarily
or unreasonably exclude or prevent other persons from using such facilities.
D. Not utilize any facility or area of a park area for other than the
designated use of said facility or area. Participating in or abetting
the playing of any games involving thrown or otherwise propelled objects,
such as balls, stones, arrows, horseshoes, quoits or model airplanes,
shall be prohibited. The playing of rough or comparatively dangerous
games, such as football, baseball, lacrosse and hockey, shall be prohibited.
E. Restrain pets or animals at all times on adequate leashes not greater than six feet in length. Dogs shall not be permitted to run at large. The cleaning up of all pet feces/excrement shall be completed by the pet's owner or fines may be assessed. (See §
73-10, Violations and penalties.)
F. Not appear at any place in other than proper clothing so as not to
indecently expose oneself, nor shall any person dress or undress for
any purpose in any place, vehicle or structure, except in those structures
provided and designated by posted notice for such purpose.
G. Confine boating to those waters and at such times as are designated
for such purpose by the proper authority. Any person navigating, directing
or handling any boat shall do so in a manner so as not to unjustifiably
or unnecessarily annoy, frighten or endanger the occupant of any other
boat.
H. Keep park areas clean, with all trash, refuse, garbage and debris placed in designated disposal receptacles where provided. If no trash receptacles are available or if available but full, then trash shall be carried away from the park area by the individual or group to be properly disposed of. Any refuse left behind for any reason will constitute litter and result in a fine as per Chapter
68 of the Code of the Borough of Woodstown.
I. Not leave a fire unattended nor leave a park area before any fire
is completely extinguished.
J. Drive and park vehicles only on roads and parking areas so designated
by the proper authority in the manner and at times in which the park
area is open to the public. Vehicles shall be driven in accordance
with posted directions and/or the instructions of any authorized attendant
who may be present.
No person in a park area shall:
A. Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, fences, benches, fireplaces,
grills, railings, paving or paving materials, waterlines, 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, facilities, park property or appurtenances
whatsoever, either real or personal.
B. Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon, under or across such lands, except by special written
permit issued by the proper authority.
C. Dig or remove any soil, rock, sand, stones, wood or wood materials
or make any excavation by tool, equipment, blasting or other means
or agency.
D. Damage, cut, carve, transplant or remove any tree or plant, injure
the bark, pick flowers or seeds of any plant or tree, dig in or otherwise
disturb grass areas or in any other way injure the flora and its usefulness
in any area.
E. Climb any tree or walk, stand or sit on monuments, vases, planters,
fountains, railings, fences or any other property not designated or
customarily used for such purposes.
F. Tie or hitch an animal to any tree or plant.
G. Permit horses or the grazing of any animals on any parklands.
H. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird, nor shall
any person remove or have in his or her possession the young of any
wild animal or the eggs or nest or young of any reptile or bird. Exception
to the foregoing shall be made in case of self-defense.
I. Throw, discharge or otherwise place or cause to be placed in the
waters of any body of water, natural or man-made, 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 said waters as per New Jersey
Department of Environmental Protection regulations.
J. Have brought in, dump, deposit or leave trash, dirt, bottles, broken glass, refuse, garbage, debris or other waste materials. This will be considered litter, and a fine shall be accessed as per Chapter
68 of Woodstown Borough Code.
K. Solicit alms or contributions for any purpose, whether public or
private, unless written permission is granted by the proper authority.
L. Build, attempt to build or start a fire except in such areas and
facilities and under such regulations as may be designated and set
forth by the proper authority. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes, cigars, tobacco, paper
or any other flammable material within any park or on any highways,
roads or streets abutting or contiguous thereto. Grills shall be used
only for their intended use.
M. Have in his or her possession any firearm.
N. Have in his or her possession or set or otherwise cause to explode,
discharge or burn any firecrackers, torpedo rockets or other fireworks
or explosives or discharge or throw said explosives 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 in terms of flammability
and explosion. Upon proper application, the proper authority may grant
permits for conducting properly supervised firework displays in designated
park areas.
O. Bring alcoholic beverages, drink the same at any time, or be disorderly
while under the influence of intoxicating liquor in a park area.
P. Gamble or participate in or abet any game of chance except when such
game of chance is authorized by permit of the proper authority and
obtaining the appropriate license for the selected game of chance
from the Borough and approved by the State of New Jersey Legalized
Games of Chance Control Commission.
Q. Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
valid permit.
R. Expose or offer for sale any article or object or station or place
any stand, cart or vehicle for the transportation, sale or display
of any article or object. Exception is hereby made to this subsection
in connection with any regularly licensed concessionaire acting by
and under the authority and regulation of the proper authority.
S. Paste, glue, tack, nail 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, highways or roads adjacent
to a park.
T. Sleep or protractedly lounge on the seats, benches or other areas
of a park area, engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace and welfare.
U. Smoke. Smoking, electronic smoking devices, or any form of tobacco
shall be prohibited in all park areas.
V. Be permitted to camp on any park area.
W. Wash a vehicle. The washing of any vehicle on any park area is prohibited.
In order to ensure the availability of all park and recreational
facilities to the greatest number of persons, no organized group and
no unorganized group consisting of more than 10 persons shall use
any park area or facilities within any park area without first obtaining
a permit as provided herein (see Attachment A). Other persons desiring to reserve a park area for a stated
time may, at their option, apply for a permit for this purpose. Permit
fees are set by the proper authority by resolution, shall be reflected
on the permit application, and may, from time to time, be changed
by the proper authority as needed. Permits for special events or use
of particular areas or facilities of a park area shall be granted
by the proper authority or its designee after submission and review
of an application in accordance with the following:
A. An applicant seeking issuance of a permit hereby shall file an application
with the proper authority or its designee, which application shall
include but not be limited to the following:
(1) The name and address of the applicant.
(2) The name and address of person or persons, corporation, association
or organization sponsoring the activity, if any. If a corporation,
association or organization, the name and address of the president
and secretary of said organization and relationship of the applicant
to said organization shall be included.
(3) The date and time for which the permit is desired.
(4) The park or portion thereof for which such permit is desired.
(5) The activity to be undertaken or the reason for the application.
(6) The number of persons anticipated to participate.
(7) Any other information which the proper authority shall find reasonably
necessary to a fair determination as to whether a permit should be
issued hereunder.
B. Standards for issuance of a use permit by the proper authority shall
include the following findings:
(1) That the proposed activity or use of the park or recreational area
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2) That the proposed activity and use will not unreasonably interfere
with or detract from the promotion and maintenance of public health,
welfare, safety and recreation.
(3) That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(4) That the proposed activity will not entail extraordinary or burdensome
expense or police operation by the Borough.
(5) That any fees assessed participants or requests for contributions
will be solely for the purpose of offsetting or equaling the organization's
reasonable expectation of expenses to be incurred.
(6) That the facilities desired have not been reserved for another use
at the date and time requested in the application.
C. All permits issued shall be on the condition that:
(1) The permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permit.
(2) The person or persons or organization to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whosoever by reason of the negligence of the person or persons or
organization to whom such permit shall have been issued. The proper
authority or their designee shall have the right to require that,
prior to the issuance of a permit or commencement of the activity,
for applications where the number of persons planning to participate
is between 11 and 49 in total, the applicant 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 by the proper authority. Permits issued with 50
or more numbers of persons anticipated to participate shall always
be required to submit evidence of liability insurance covering injuries
to members of the general public arising out of such permitted activities.
(3) The permittee shall maintain park areas by removing all trash or
debris and restoring the area or facility to a condition equal to
or better than its condition prior to the granting of the permit.
In the event that special or extraordinary maintenance is required
or additional costs are incurred for a proposed use or activity, such
costs shall be borne by the applicant.
(4) No structures shall be erected or placed; no utilities shall be installed,
run or extended; and no alteration of a natural or man-made feature,
facility or object shall be allowed unless so authorized in the permit
issued by the proper authority and, when so authorized, in accordance
with its requirements for such use or alterations. Should a person
or organization contract with an outside contractor for the erection
of a temporary structure, said contractor shall provide a certificate
of insurance in the name of Woodstown Borough in an amount to be determined
by the proper authority.
(5) All permits shall be available for inspection by any person or persons
authorized to enforce this chapter and rules and regulations promulgated
pursuant thereto.
(6) In addition to fees which shall be charged for a permit, the proper
authority may require a cash deposit in reasonable amount to ensure
performance of the terms and conditions of the permit, which deposit
shall be refundable after deducting the cost of necessary expenses
incurred by the proper authority in restoring the leased area to the
condition the same was in at the time the permit was issued, reasonable
wear and tear excepted.
D. Applications for permits shall be submitted to the proper authority
or its duly authorized representatives. Action thereon shall be taken
within 30 days. If a permit is denied, the applicant shall be given
written notice setting forth the reasons therefor.
E. The proper authority shall have the authority to revoke a permit
if the applicant or any person acting in his behalf shall violate
any of the provisions of this chapter, any rule, regulation or bylaw
of the Borough of Woodstown or any of the restrictions, terms or conditions
under which the permit was issued. In the event of such revocation,
the applicant shall have the right to appeal to the Woodstown Borough
Council.
Any vehicle parked or standing as to obstruct or impede a normal
flow of traffic, to block entrance- or exitways, loading zones, oil
fills, any grass area or pedestrian walkway or to present in any way
a safety or traffic hazard may be removed by towing the vehicle at
the owner's or operator's expense.
The Woodstown Police Department shall be responsible for the
enforcement of this chapter and the rules, regulations and bylaws
of the proper authority and shall have the authority to eject from
any park or recreation area any person or persons acting in violation
thereof and shall also have the authority to seize and confiscate
any property, thing or device which is used or permitted to be used
in any park area in violation thereof.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter which shall remain in full force and effect.
Any person violating any provisions of this chapter shall be
subjected to a fine or penalty therefor not exceeding $500, imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service for not more than 90 days, or any combination thereof,
in the discretion of the court.