[Amended in entirety 11-22-2021 by Ord. No. 12-2021. Prior history includes
portions of § 3-6 of the 1976 Code; Ord. No. 6-84; Ord. No. 9-87;
Ord. No. 5-95; Ord. No. 3-97; Ord. No. 5-10; Ord. No. 7-06; Ord.
No. 06-2018; and Ord. No. 10-2019.]
[Added 11-22-2021 by Ord.
No. 12-2021]
The taking, pursuing or the attempted taking of fish at lawful
times and in such a lawful manner as may be permitted by the State
of New Jersey; or its proper departments thereof pertaining to fish,
except when fishing may be prohibited by resolution of Mayor and Council.
The time between 8:00 a.m. and 9:00 p.m.; unless otherwise
posted. Any section of the Recreational Areas within Ogdensburg may
be closed partially, or entirely by the Mayor and Council, Public
Works Supervisor, or Chief of Police at any time when it is necessary
or prudent.
The public premises used for picnic and recreational purposes
situated at the site and including all the park areas and the lands
of the Borough surrounding the same and the Borough lands adjacent
to the Fire Department including the ball field, tennis and basketball
courts and the playground area.
Such portion of the premises as may be designated by the
Borough for the use and enjoyment and partaking of food and such other
activities as are connected therewith, including but not limited to
picnics or clambakes.
All ball field areas owned and so designated by the Borough.
Any property owned or leased by the Borough which is designated
for open space and/or recreation purposes and which is open to the
public either without charge or on a fee basis. The term includes,
but is not limited to, playgrounds, parks, ballfields, swimming areas,
beaches, and any paths, roadways, sidewalks, and parking areas therein
or adjacent thereto.
Any person living in the Borough of Ogdensburg, Sussex County,
New Jersey, or any person owing property in the Borough of Ogdensburg.
The portion of the waters at Heater's Pond, the beaches
and lands adjoining the same, roped off and designated by signs or
otherwise as the area in which persons may swim, or use in connection
with the primary purpose of swimming, including, the land adjoining
the beach or beaches.
[Added 11-22-2021 by Ord.
No. 12-2021]
The rules and regulations promulgated herein shall apply to
public parks, playgrounds, and recreational areas, and where applicable
to other lands owned or controlled by the Borough and devoted to public
recreational use or purpose.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
Master schedule. The Borough shall maintain a master schedule for
the reserved use of all recreation facilities.
b.
Applications for Reserving Facilities. Applications for reserved
use of facilities may be obtained at Borough Hall or other designated
locations. Applications shall be completed in full and returned at
such times as may be designated by established rules and regulations.
[Added 11-22-2021 by Ord.
No. 12-2021]
All recreation areas shall be open to the public unless specifically
restricted by action of the Borough Council. The Borough Council shall
have the authority to establish fees for use of all facilities. For
those facilities open to the public, the Borough Council shall have
the authority to establish higher fees for non-residents than for
residents.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
The Borough shall have the authority to promulgate and publish rules
and regulations not inconsistent with the provisions of this chapter
governing activities and programs sponsored by the Department of Parks
and Recreation and for the safety and well-being of the public, subject
to review and approval by the Mayor and Council.
b.
It shall be the duty of the Mayor and Council, through the Chief
of Police, to enforce the provisions of this chapter. It shall be
unlawful for any person to disobey the directive of any person supervising
any public park or recreation area or to disobey the direction of
any sign, or to deface, destroy, or remove any such sign.
[Added 11-22-2021 by Ord.
No. 12-2021]
Any section of a recreation area may be closed, either partially
or entirely, by the Mayor and Council, Public Works Supervisor or
Chief of Police, for any interval of time, when it is necessary or
prudent.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
A designated swimming area may be used only by the following person
or persons:
1.
Resident of the Borough.
2.
A guest of a resident of the Borough when accompanied by that resident.
3.
Any non-resident who is an active member of the Ogdensburg Fire Department,
Ogdensburg First Aid Squad, or who is an employee of the Borough of
Ogdensburg, and who shall first receive written approval from the
Mayor and Council.
4.
Upon approval by the Mayor and Council, such individuals and groups
who have completed the approved facilities use agreement, provided
any requested background and supporting information, and paid all
applicable fees.
b.
No person may swim, wade, or bathe in the designated swim area, or
within any part of Heater's Pond or adjoining water systems at
any hour of the day or night at any time when lifeguards are not on
duty. Heater's Pond opens for recreational swimming at 12:00
noon and closes at 6:00 p.m. during the summer season weather and
staffing permitting.
c.
No pets or animals shall be allowed in the designated swim area or
beach area unless they are animals trained to assist the disabled,
or otherwise provided herein. Dogs are permitted in the Heater's
Pond swimming and beach areas only during non-activity hours. Accordingly,
dogs shall not be permitted in the Heater's Pond swimming and
beach areas between 12:00 noon and 6:00 p.m. during the summer season,
or during any period of time said areas are being used for swimming.
All dogs must be properly licensed and kept under the control of individual
at least 18 years of age. Pet owners and keepers are responsible for
the actions and behavior of their dogs and are strictly liable for
any incidents that occur in the permitted area. All pet owners and
keepers are required to immediately and properly dispose their pet's
solid waste deposited within the permitted area by appropriate sanitary
means including, but not limited to, plastic bags.
d.
No alcoholic beverages, intoxicating or illegal substances shall
be consumed, sold, used, displayed, or taken on or to any part of
Borough recreational areas.
e.
Fishing shall not be allowed in any part of the designated swim area
at any time.
f.
No games, conduct, or activities which lifeguards in their sole discretion
deem likely to endanger or cause injury to any person or property
shall be permitted in the designated swim area at any time.
g.
No inner tubes and devices known as preservers or water wings, as
well as any other apparatus shall be permitted to be used in the waters
of the designated swim area by any person(s) who is unable to swim
unless accompanied at all times in the water by a person who is able
to swim and is responsible for the person using the device.
h.
No person shall dress or undress on the beach, within any park area(s),
or in any vehicle at the park.
i.
No type of swimming or activity commonly known as "skin diving,"
with or without the use of equipment or utensils designed for exploring
under water, shall be permitted anywhere in the park.
j.
No type of swimming or activity commonly known as, "skinny dipping"
shall be permitted anywhere in the park.
k.
All orders and directions of the lifeguard(s) on duty, Police Officer(s)
or Governing Body shall be promptly and strictly complied with.
l.
There shall be only flat diving permitted in the designated swimming
area.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
The privileges of fishing or boating shall be enjoyed only by the
following persons:
1.
A resident of the Borough.
2.
Any person that the Mayor and Council, in conjunction with the New
Jersey Division of Fish and Wildlife, determines in writing will assist
the Borough and is helpful to the park. The Commissioner shall notify
the Chief of Police of such determination in writing.
3.
A guest of any resident of the Borough who is accompanied by that
resident.
4.
Any non-resident who is an active member of the Ogdensburg Fire Department,
Ogdensburg First Aid Squad, or who is an employee of the Borough of
Ogdensburg, who shall first receive written approval by the Mayor
and Council.
c.
No boats (motorized/fuel operated), canoes, or watercraft allowed
by this section shall be left in the water, or anywhere in the park
area, when unattended by a person.
d.
Hunting and trapping shall be prohibited on all Borough properties.
e.
No firearms, bows, knives, hunting equipment, or unauthorized weapons,
as defined by Law, shall be used or permitted at any Borough owned
property or facility.
f.
All persons using Recreation Areas shall comply with all laws, rules,
and regulations of the New Jersey Division of Fish and Wildlife and
any other departments having lawful authority over fish and wildlife
within the Borough.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
No parking of motor vehicles or vehicles of any type shall be permitted
on the ball field, areas surrounding the ball field, tennis courts,
basketball court, playground area, access roads or any area under
the control of the Borough at any time without written permission
first obtained from the Mayor and Council.
b.
No unauthorized use of motor vehicles or any type of vehicle is permitted
on the ball field and any area under the control of the Borough; except
in emergency situations or as authorized by the Police Department,
Fire Department, or the Mayor and Council.
c.
Public baseball field shall mean and include all baseball fields
owned by the Borough, including but not limited to, the baseball field
on Main Street near the borderline of the Borough of Ogdensburg and
the Borough of Franklin.
d.
Only one event or game may be scheduled at one time on a ball field
except as permitted by Mayor and Council.
e.
No pets or animals shall be allowed on or permitted to leave their
excrement on the ball field, playground area, basketball court or
tennis courts. Pets or animals will be permitted on the ball field
or any area if they are animals trained to assist the disabled.
f.
No alcoholic beverages, intoxicating or illegal substances shall
be consumed, sold, used or displayed on the ball field or any area
under the control of the Borough. Any person(s) or organization(s)
wishing to sell for consumption alcoholic beverages may do so as long
as they have obtained the proper permit or licensing and are approved
by the Mayor and Council.
g.
All garbage must be placed within receptacles as provided by the
Borough. If there are no receptacles provided, a garbage in-garbage
out policy will be in effect.
h.
No defacing, destruction, or unauthorized changes may be made to
the ball field and surrounding Borough property, including the Ogdensburg
Firehouse.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
The privilege of using the Hemlock Island Pavilion shall be enjoyed
only by the following persons:
1.
Resident of the Borough.
2.
A guest of a resident of the Borough when accompanied by that resident.
3.
Any non-resident who is an active member of the Ogdensburg Fire Department,
Ogdensburg First Aid Squad, or who is an employee of the Borough of
Ogdensburg, who shall first receive written approval by the Mayor
and Council.
b.
No private or commercial vehicles shall be allowed on the causeway
to Hemlock Island except by permit issued by the Mayor and Council
or Police Department to transport any person(s) needing assistance
or items necessary for scheduled event. Once transport is completed
all vehicles must be parked outside the gate to Hemlock Island.
c.
All garbage must be placed within receptacles as provided by the
Borough. If there are no receptacles provided, a garbage in-garbage
out policy will be in effect.
[Added 11-22-2021 by Ord.
No. 12-2021]
a.
The conduct or operation of any business, sales, or business activity
shall be prohibited in any recreation area or any area thereof, unless
a license therefor has been obtained from the Borough of Ogdensburg.
b.
No papers, debris, cans, refuse or any other materials or property
in the nature of debris shall be left or deposited anywhere in or
on any recreation area, or any area thereof, except in receptacles/containers
provided by the Borough for such purposes.
c.
There will be no damage of natural resources to any recreation area,
or any area thereof: no trees, shrubbery, flowers, stones, rock, or
any portion of, on or with any recreation area, or any area thereof,
shall be taken, damaged, destroyed, broken, or removed, without lawful
written permission therefor first obtained by the Borough or designated
agent or Police Department.
d.
No memorial, monument, statuary, building, structure, equipment,
chattel, or property of any type erected by the Borough within any
recreation area, or any area thereof, shall be damaged, defaced, removed,
or marked.
e.
No fishing through the ice shall be permitted in any areas set aside
as a skating field at Heater's Pond. This area shall be clearly
designated by signs and/or other indications.
f.
No horses or horseback riding shall be permitted anywhere in any
recreation area, or any area thereof.
g.
No parking of motor vehicles or vehicles of any type shall be permitted
in any recreation area, or any area thereof, during the hours of 9:00
p.m. to 6:00 a.m. without lawful permission from the Police Department
who may be duly authorized to grant such permission by the Governing
Body.
h.
No tampering with the dam, including but not limited to, inserting
or removing boards or other insertions of other materials will be
permitted, whereby the normal water level will be altered without
lawful permission therefor first obtained by the Borough.
i.
No fires shall be permitted at any time within any recreation area,
or any area thereof, without first obtaining a permit from the Police
Department. All fires shall be fully extinguished prior to leaving
the immediate area of the fire.
j.
No person shall have in his/her possession or use fireworks anywhere
in any recreation area, or any area thereof, except by written permit
issued in sole discretion of the Governing Body, Fire Marshall, and
Police Department.
k.
No private or commercial vehicles shall be allowed on the causeway
to Hemlock Island except by permit issued by the Mayor and Council
or Police Department to transport any person(s) needing assistance
or items necessary for scheduled event. Once transport is completed
all vehicles must be parked outside the gate to Hemlock Island.
l.
No camping is permitted within any recreation area, or any area thereof,
without prior approval of the Mayor and Council.
m.
No person shall dump garbage, waste, or refuse within any recreation
area, or any area thereof. If receptacles are present, they are to
be utilized. If they are not present, garbage in-garbage out policy
will be in effect. No personal use of waste disposal container(s).
n.
No person requiring adult supervision or under the age of 16 shall
be in any recreation area, or any area thereof, without adult supervision.
o.
No person shall roller blade or skateboard within any recreation
area, or any area thereof.
p.
The following matters of conduct, or activities are hereby specifically
prohibited at any recreation area, or any area thereof:
1.
Defacing or unauthorized changes to Ogdensburg's War Memorial
or any structure within the Memorial Park area.
2.
Sunbathing, placing chairs, or picnicking shall not be permitted
on the walkway, monument, or wall of Ogdensburg's War Memorial.
3.
Defacing or unauthorized changes to Heater's Pond, designated
swim area, or Hemlock Island.
4.
Throwing debris on ice.
5.
Tampering with or damaging lights, signs or other Borough property.
6.
Tampering with the dam.
7.
Throwing benches or other equipment or property into Heater's
Pond.
8.
Use of illegal bait for fishing, hunting, or trapping.
9.
Feed, give, place, expose, deposit, distribute or scatter edible
material with the intent of feeding, attracting, or enticing bears
or other wildlife (Division of Fish and Wildlife N.J.S.A. 23:2A-14).
10.
Stocking fish without approval.
11.
Leaving fishing, boating, or hunting equipment unattended.
12.
Breaking glass or bottles.
13.
Washing of vehicles.
14.
Moving a picnic table, bench, or any Borough equipment from one area
to another area.
15.
Rolling a boulder or throwing of debris into Heater's Pond.
16.
Rocking or "horseplay" on swimming raft in designated pond area.
17.
Obstructing traffic or pedestrian walk on walking paths, recreation
area roads, parking areas or on access portion of Edison Avenue.
18.
Display of improper or indecent action.
19.
Engaging in boisterous, threatening, abusive, insulting, or indecent
language.
20.
Smoking shall be prohibited at all times within all recreation areas,
or any area thereof, of the Borough of Ogdensburg, except in designated
areas.
q.
Hours Prohibited. It shall be unlawful for any person to be upon
the beaches and lands of any recreation area, or any area thereof,
between dusk and dawn from Sunday through Saturday year-round. This
prohibition shall not apply if there is a Borough sponsored public
event being conducted at any recreation area, or any area thereof,
or in the event that the individual is attending a properly permitted
private function. This prohibition shall not apply to a properly licensed
hunter, fisherman or trapper during the appropriate season while legally
taking wildlife.
r.
Enforcement and Penalties:
1.
The Police Department shall enforce all rules and regulations of
this section and the State Laws regarding same.
2.
Summons shall be issued for all violations unless, in the Police
Officer's discretion, a warning is warranted.
3.
Penalties up to $500 or an amount as imposed by the Municipal Court
Judge and/or barring from utilizing the facilities and privileges
of any recreation area, or any portion thereof as ordered by the Municipal
Court Judge.
