[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 11-27-72 by Ord. No. 256; amended in its entirety 11-22-2022 by Ord. No. 2022-10.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. Nos. 292, 2010-2, 2011-10, and 2013-11.
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)[1] 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.
[1]
Editor's Note: Said form is available at the Borough offices.
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).[1] 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.
[1]
Editor's Note: Applications for said permit are available at the Borough offices.
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.