[Ord. No. 03-08 § 1]
Whenever the term "parks" is used in this chapter, it shall
be taken to include each and every park under the jurisdiction of
the Borough of East Newark.
[Ord. No. 03-08 §§ 2
— 21; Ord. No. 02-09 §§ 1,
3; Ord. No. 06-12]
a.
No person shall cut, break, deface, defile, damage, misuse or abuse
any building, fence, equipment, tree, bush, flower, plant or turf
or other thing situated in the parks.
b.
No person within the parks, unless expressly authorized by the Borough
of East Newark, shall:
1.
Throw a stone or other missile.
2.
Have possession of any firecracker, explosive or firework.
3.
Sell, expose for sale or give away goods, wares or circulars.
4.
Post or display any sign, placard or advertising device.
5.
Solicit any subscription or contribution.
6.
Play, engage or take part in any game or competitive sport for money
or other valuable thing.
7.
Play any game of chance.
8.
Have possession of any instrument or device for gambling.
9.
Bring or have in his possession any air gun, spring gun, sling shot
or other instrument or weapon in which the propelling force is a spring
of air.
10.
No person except those authorized by law shall have possession of
any firearm, and no person except a peace officer in the performance
of his official duty shall discharge any firearm. Nothing contained
herein shall prohibit the lawful use of firearms in a place which
may be established by authorization of the Borough of East Newark
as a pistol or target range.
11.
Smoke, chew or otherwise use tobacco products.
12.
Sell or offer for sale any object or merchandise or any other item
within the parks or playgrounds, or place any other equipment or apparatus
within the parks or playgrounds.
c.
No person, club or organization of any kind shall hold any meeting,
carnival, exhibition or performance of any kind without obtaining
written permission of the Borough of East Newark.
d.
A permit to do any act shall authorize the same only insofar as it
may be performed in strict accordance with the terms and conditions
thereof. Any violation by its holder or his agents or employees of
any term or condition thereof, shall constitute grounds for its revocation
by the Borough of East Newark, or its authorized representative: In
case of a breach of any permit, all monies paid for on account thereof
shall be forfeited to and retained by the Borough of East Newark.
e.
No person except an employee of the Borough of East Newark, within
the parks, shall go within the shrubbery or climb a tree, and no person
shall sit or stand on a balustrade, wall or fence, or stand or lie
down on a bench.
f.
No person within the parks, except in a place provided therefor and
only at such times and under such regulations as the Borough of East
Newark may prescribe, shall place, throw or drain any offensive substance
into the water.
g.
Animals Running at Large. No domestic animals shall be allowed to
run at large within the parks, and all persons taking dogs into the
parks shall hold them with a leash, which leash shall be no longer
than five feet in length. All such dogs shall bear a current license
issued by the municipality in which the owner resides. Any dogs running
at large within the parks or any dogs not bearing a current license
may be impounded. The owner or keeper of a dog shall at all times
while the dog is in the park, prevent its defecation to be left on
the ground and shall immediately remove the same and dispose of it
in a sanitary manner.
h.
No person shall make use of any drinking fountains within the area
of the parks for dogs or other animals. The purpose of said drinking
fountains is for human consumption only.
i.
Veteran's Park Soccer Field.
1.
No person age 13 and over shall be permitted on Veteran's Park
Soccer Field unless supervising a younger person or allowed by permit
issued pursuant to this chapter.
2.
No person age 10 and over shall be permitted to utilize the equipment
at the playground adjacent to Veteran's Park Soccer Field.
3.
No person allowed in Veteran's Park Soccer Field or Playground
under the age of six without guardian.
j.
Use of Motorized Vehicles, Scooters, Rollerblades or Skateboards.
No person shall operate any vehicles of the type known as mini-bikes,
mopeds, or snowmobiles anywhere within the parks.
k.
Garbage and Trash. No person shall dump any fill, building materials,
garbage or trash within the parks without the written permission of
the Borough of East Newark, and no person shall drop, place or throw
any paper, refuse or debris of any nature anywhere within the parks
except in a place provided for their reception.
l.
Loitering. The term "loitering" as defined in this chapter shall
mean remaining idle in essentially one location and shall include
the concept of spending time idly, loafing, or walking about aimlessly
and shall also include the colloquial expression "Hanging Around."
1.
No person shall loiter in a public place in such a manner as to:
(a)
Create or cause to be created a danger or a breach of the peace.
(b)
Create or cause to be created any disturbance or annoyance to
the comfort and repose of any person.
(c)
Obstruct the free passage of pedestrians.
(d)
Obstruct, molest or interfere with any person or group of persons
lawfully within the parks. This shall include the making of unsolicited
remarks of an offensive, disgusting or insulting nature or which are
calculated to annoy or disturb the person to, or in whose hearing,
they are made.
(e)
Be, at any time, between the hours of 8:00 p.m. and sunrise,
within the confines of the Borough of East Newark.
(f)
Be, at any location within the Park System where there is no
artificial lighting between 1/2 hour after sunset and 8:00 a.m.
None of the above prohibitions shall apply to leased concession
areas excepting where the lessee, for good cause, requests the removal
of disorderly persons.
2.
Discretion of Police Officer. Whenever any Police Officer or any
duly delegated law enforcement persons, shall, in the exercise of
reasonable judgment, decide that the presence of any person or group
of persons within the Park System is causing or is likely to cause
any of the conditions enumerated in paragraph 1, above, he shall,
if he deems it necessary for the preservation of the public peace
and safety, order that person or group of persons to leave the park.
Any person who shall refuse to leave the park after being ordered
to do so by a Police Officer shall be guilty of a violation of this
chapter.
3.
The Borough of East Newark, through its Mayor or his authorized representative,
the Chief of Police or his authorized representative, shall have the
authority to close any park or parks or any section of a park or parks
during the time of any civil disorder within the parks or surrounding
areas, or for the reason that it may be deemed necessary in the interest
of the public safety and may impose a curfew as an emergency measure
to keep order in the park or parks. The curfew shall remain in force,
or a section of the park may be declared closed to the public for
the period of the disorder or emergency or until such time as the
Borough determines.
m.
No person operating a taxicab or other vehicle for hire, shall solicit
any passenger within the limits of the parks.
n.
Alcoholic Beverages. No person shall drink, take, sell, buy, use
or have possession of or be under the influence of any intoxicating
liquors while within the limits of the parks. This section shall not
apply to any leased concession properly licensed by law.
o.
No person shall destroy, remove or carry away or have possession
of any building, fence, tree, bush, plant or any part thereof, turf
or other property belonging to the Borough of East Newark.
p.
No person except by direction of the Borough of East Newark, shall
shoot, kill, ensnare, entrap or capture any wild animal or bird within
the limits of the parks, nor shall be disturb or frighten them unnecessarily
or drive or attempt to drive them out of the said parks.
q.
No person shall be permitted to cut into, destroy or remove any curbing,
roadway, sidewalks or paths, and no person shall erect any tent, stand
or other structure within, the parks without written permission of
the Borough of East Newark.
r.
No person shall bring, land or cause to descend or alight within
or upon the parks any aircraft, balloon, parachute or other apparatus
for aviation, except in an extreme emergency or by express permission
of the Borough of East Newark.
s.
No person shall coast with sleds, wagons, or carts, nor shall any
person throw, cast, catch, kick or strike any baseball, football or
basketball, or engage in any sport or other activity except in places
designated therefor; and no person shall operate any radio-controlled
or gas-operated model airplane, rocket or other flying models however
propelled.
[Ord. No. 03-08 § 22]
The Mayor, or his authorized representative, following consultation
with the Police, is hereby authorized to close any section or part
of any park, and for such time periods in his discretion, providing
such closing shall be in the best interests of the public using said
parks and the security of the Park System.
The following guidelines for the exercise of discretion by the
Mayor, or his authorized representative, shall include but shall not
be limited to, the following:
a.
At such times and for such periods as may be required to enable persons
engaged in any other type of athletic activity to more safely pursue
such activities.
b.
At such times and for such periods as may be required to permit parades,
carnivals, concerts and other public activities to take place within
the confines of the park.
c.
At such times and for such periods as may be required to preserve
the health, safety and general welfare of persons using the park and
the security of the park system.
[Ord. No. 03-08 §§ 23,
25-29]
All permits and special permission for exemptions from any rules
and regulations as set forth herein, shall be issued by the Mayor
and Borough Council.
a.
Application. A person seeking issuance of a permit shall file an
application with the Office of the Borough. The application shall
state:
1.
Name and address of applicant.
2.
Name and address of the person, persons, corporation or association
sponsoring the activity.
3.
The day and hours for which the permit is desired.
4.
The park or a portion thereof, for which such permit is sought.
5.
Estimate of anticipated attendance.
6.
Any other information necessary to determine whether or not a permit
is to be issued.
b.
Conditions for Issuance. The permit is to be issued:
1.
When the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
2.
When the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
3.
When the proposed activity or use is not reasonably anticipated to
incite violence, crime, or disorderly conduct.
4.
When the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough.
5.
When the facilities desired have not been reserved for some other
use at the day and hour requested in application.
6.
When a Certificate of Insurance is submitted in form and amount acceptable
by the Borough.
c.
Applicability of Rules and Regulations. The permittee shall be bound
by all park rules and regulations and all ordinances as though the
same were fully set forth in the permit, and shall exhibit the same
upon request of any authorized person.
d.
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatsoever
by reason of the negligence of the person or persons to whom such
permit shall have been issued. The Borough of East Newark shall not
be liable in such instances.
e.
The Borough of East Newark shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause.
f.
No person in a park shall disturb or interfere unreasonably with
any person or party occupying any area, or participating in any activity
under authority of a valid permit or any party simply making valid
use of park facilities.
g.
The Borough of East Newark shall have the authority to seize and
confiscate any property, thing or device in the park, or used, in
violation of any applicable ordinance or statute.
h.
Fees for permits and for admission to the parks program and activities
may be charged as authorized by the Mayor and Borough Council.
[Ord. No. 03-08 § 24]
a.
No spectator, player, runner nor any person whatsoever shall at any
time enter upon any synthetic field while wearing metal and/or plastic
spiked or cleated foot gear.
b.
No spectator, player, runner nor any person whatsoever shall bring
into a synthetic field of play pumpkin or sunflower seeds, chewing
gum, chewing tobacco, smokeless tobacco, nor shall any person expectorate
on a synthetic field.
[Ord. No. 03-08 § 30]
Except for unusual and unforeseen emergencies, parks shall be
open to the public every day of the year during designated hours.
The opening and closing hours for each individual park shall be posted
therein for public information. No person shall be in any Borough
public park or playground before daybreak or after 8:00 p.m., except
as provided by the Mayor and Borough Council.
[Ord. No. 03-08 § 31]
No person shall ride a bicycle on other than a paved vehicle
road or path designated for that purpose. A bicyclist is permitted
to push a bicycle by hand over any wooded trail or on any paved area
reserved for pedestrian use.
[Ord. No. 03-08 § 32]
No person in a park or in the immediate vicinity thereof about
to enter a park shall fail to obey all authorized personnel.
[Ord. No. 02-09 § 2]
While in the Borough's parks, all persons shall conduct
themselves in a proper an orderly manner and, in particular, no person
shall sleep on the seats, benches or other areas within the parks
or engage in loud, boisterous, threatening, abusive, insulting or
indecent language or engage in any disorderly conduct or behavior
tending to breach the public peace.
