[HISTORY: 1984 Code §§ 123-1—123-6 as
amended through December 31, 2016. Amendments noted where applicable.]
The following sites are hereby designated as public recreational
areas (listed as name and location, respectively): John Zdanewicz
Park, Jersey Central Power & Light Company right-of-way; Landfill
(beach), Rosewell Avenue and George Street; Brown Hughes Playground,
Barkalow Street; Old City Hall site, Stevens Avenue between John Street
and George Street; Veterans Field, South Feltus Street; Watertower
Playground, Conlogue Avenue and Catherine Street; Pine Avenue Playground,
Lower David Street Playground, David Street and Rosewell Avenue; First
Street Playground, First Street; Conover Street Playground, Conover
Street; Pupek Road Playground, Pupek Road; multi-purpose field, John
Street and Stevens Avenue.
A.
Public recreational facilities as designated in Section 123-1 shall be open for use by the public in a manner specified herein from 7:00 a.m. to 9:00 p.m. daily except as provided below: John Zdanewicz Park, tennis courts, opening time 7:00 a.m., October-April closing time 10:00 p.m., May-September closing time 11:00 p.m.; John Zdanewicz Park, basketball courts (lighted), opening time 7:00 a.m., October-April closing time 10:00 p.m., May-September closing time 11:00 p.m.; Landfill (beach), baseball fields, opening time 7:00 a.m., October-April closing time 10:00 p.m., May-September closing time 11:00 p.m.
B.
No person shall remain in any park, playground or recreational facility after 9:00 p.m. except while in attendance at an organized activity approved according to Section 123-4 hereinafter, or remain in such park, playground or recreational area 30 minutes subsequent to the conclusion of any regularly scheduled city-authorized event ending after 9:00 p.m.
C.
Any section or part of any park may be declared closed to the public
by the Division of Public Works at any time and for any interval of
time, either temporarily or at regular and slated intervals (daily
or otherwise), and either entirely or merely to certain uses, as the
Division of Public Works shall find reasonably necessary.
A.
No person in a public park or recreational area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
pavings or paving materials, water lines 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, facilities or park property
or appurtenances whatsoever, either real or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No person over the age of six years shall
use the rest rooms and washrooms designated for the opposite sex.
(3)
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
(4)
Construct or erect any building 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 permission
issued hereunder.
(5)
Damage, cut, carve, transplant or remove any tree or plant, or injure
the bark or pick flowers or seed of any tree or plant, or dig in or
otherwise disturb grass areas, or in any other way injure the natural
beauty or usefulness of any area.
(6)
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot
or throw missiles at any animal, wildlife, reptile or bird; nor shall
be remove or have in his possession the young of any animal or the
eggs, nest or young of any reptile or bird. Snakes known to be poisonous
or other deadly reptiles may be killed on sight.
(9)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
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 shall or may result in the pollution of such waters.
(10)
Bring in or dump, deposit or leave any bottles, broken glass,
ashes, paper boxes, cans, dirt, rubbish, waste, garbage, refuse or
other trash. No such refuse or trash shall be placed in any waters
in or contiguous to any park, or left anywhere on the grounds thereof,
but shall be placed in the proper receptacles where these are provided.
Where receptacles are not provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its presence
and shall be properly disposed of elsewhere.
(11)
Drive any vehicle on any area except the improved park roads
or parking area or such areas as may on occasion specifically be designated
as temporary areas by the Division of Public Works.
(12)
Park a vehicle in other than an established or designated parking
area, and such parking shall be in accordance with posted directions
and the instruction of any attendant or police officer which may be
present.
(13)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park areas.
(14)
Leave a bicycle in a place other than a bicycle rack when such
is provided and there is space available.
(15)
Ride a bicycle with unreasonable disregard for the safety of
others.
(16)
Leave a bicycle lying on the ground or paving or set against
trees or in any place or position where other persons may trip over
or be injured by it.
(17)
Swim, bathe or wade in any waters or waterways in or adjacent
to any park except in such waters and at such places as are provided
therefor and in compliance with such regulations as are herein set
forth or may be hereinafter adopted. Nor shall any person frequent
any waters or places customarily designated for the purposes of swimming
or bathing or congregate thereat when such activities are prohibited
by the Division of Public Works upon a finding that such use of the
water would be dangerous or otherwise inadvisable.
(18)
Frequent any waters or places designated for the purpose of
swimming or bathing or congregate thereat except between such hours
of the day as shall be designated by the Division of Public Works
for such purposes for each individual site.
(19)
Erect, maintain, use or occupy on or in any beach or bathing
area any tent, shelter or structure of any kind unless there shall
be an unobstructed view to said tent, shelter or structure from at
least two sides, nor shall any guy wire, rope extension brace or support
be connected or fastened from any such structure to any other structure,
stake, rock or other object outside thereof.
(20)
Allow himself to be so covered with a bathing suit as to indecently
expose his person.
(21)
Dress or undress on any beach or in any vehicle, toilet or other
place except in such bathing houses or structures as are specifically
provided for that purpose.
(22)
Bring into such park or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters except at places designated
for boating by the Division of Public Works.
(23)
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupant of any
other boat.
(24)
Launch, dock or operate any boat of any kind on any water, with
the exception of launching and docking facilities under contract to
the South Amboy Boat Club, between the closing hour of the park at
night and the opening hour of the park the following morning, nor
shall any person remain on or in any boat during such closed hours
of the park.
(25)
Fish in any waters except those designated by the Division of
Public Works for such use and under such regulations and restrictions
as have or may be prescribed by the Division of Public Works.
(26)
Fish in any area where bathing is permitted.
(27)
Carry or possess firearms of any description or spring guns,
bows and arrows or any other forms of weapons potentially inimical
to wildlife and dangerous to human safety, or any instrument that
can be loaded with and fire blank cartridges, or any kind of trapping
device, nor shall any person shoot into park areas from beyond park
boundaries.
(28)
Picnic or lunch in a place other than those designated for such
purpose.
(29)
Violate the regulation that use of individual fireplaces, together
with tables and benches, follows the generally accepted rule of "first
come, first served."
(30)
Use any portion of the picnic area or any of the buildings or
structures therein for the purpose of holding picnics to the exclusion
of other persons, except as permitted by permit of the Department
of Recreation, nor shall any person use such areas and facilities
for an unreasonable time if the facilities are crowded.
(31)
Leave a picnic area before the fire is completely extinguished
and before all trash is placed in the disposal receptacles, where
provided. If no such trash receptacles are available, then trash shall
be carried away from the park area by the picnicker, to be properly
disposed of elsewhere.
(32)
Set up tents, shacks or any other temporary shelter for the
purpose of overnight camping, nor shall any person leave in a park
after closing hours any movable structure or special vehicle to be
used or that could be used for such purpose, such as a house trailer,
camp trailer, camp wagon or the like, except in areas designated by
the Division of Public Works for such purposes.
(33)
Take park in or abet the playing of any game involving thrown
or otherwise propelled objects, such as balls, stones, arrows, javelins,
horseshoes, quoits or model airplanes, except in those areas set apart
for such forms of recreation. The playing of rough or comparatively
dangerous games, such as but not limited to football, baseball and
lacrosse, is prohibited except on the fields and courts or areas provided
therefor, and provided that suitable supervision is provided.
(34)
Ride a horse except on designated bridle trails. Where permitted,
horses shall be thoroughly broken, properly restrained and ridden
with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
(35)
Bring alcoholic beverages into or drink same at any time in a park, except as may be permitted by permit authorized under Section 123-4.
(36)
Have in his possession, or set or otherwise cause to explode
or discharge or burn, any firecrackers, torpedo rockets or other fireworks
or explosives or flammable material, or discharge them or throw them
into any such areas from lands or highways adjacent thereto. Also
prohibited is any substance, compound, mixture or article that, in
conjunction with any other substance or compound, would be dangerous
from any of the foregoing standpoints. At the discretion of the Mayor
and City Council, permits may be given for conducting properly supervised
fireworks displays in designated park areas.
(37)
Allow a dog or other domestic animal to enter into areas clearly
marked by the Division of Public Works by signs bearing the words
"Domestic Animals Prohibited in the Area." Nothing herein shall be
construed as permitting the running of dogs at large. All dogs in
areas where such animals are permitted shall be restrained at all
times on adequate leashes not greater than six feet in length.
(38)
Occupy any seat or bench or enter into or loiter or remain in
any pavilion or any other park structure or section thereof which
may be reserved and designated by the Division of Public Works for
the use of the opposite sex. Exception is made for children under
six years of age.
(39)
Appear at any place in other than proper clothing.
(40)
Solicit alms or contributions for any purpose, whether public
or private.
(41)
Build or attempt to build a fire except in such areas and under
such regulations as may be designated by the Division of Public Works,
nor shall any person drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco paper or other flammable material
within any park or on any highways, roads or streets abutting or contiguous
thereto.
(42)
Enter an area posted as "Closed to the Public," nor shall any
person use or abet the use of any area in violation of posted notices.
(43)
Gamble or participate in or abet any game of chance except in
such areas and under such regulations as may be designated by the
Department of Recreation.
(44)
Go on the ice on any of the waters except where designated as
skating fields, provided that a safety signal is displayed.
(45)
Sleep or protractedly lounge on the seats, benches or other
areas, 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.
(46)
Fail to provide and exhibit any permit from the Mayor and City
Council which he claims to have upon request of any authorized person
who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
(47)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
(48)
Expose or offer for sale any article or thing, or station or
place any stand, cart or vehicle for the transportation, sale or display
of any such article or thing. Exception is here made as to any regularly
licensed concessionaire acting by and under the authority and regulation
of the Department of Recreation.
(49)
Paste, glue, tack 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 or highways or roads
to a park.
(50)
Enter upon tennis courts except when wearing tennis shoes or
sneakers. No bicycles, skateboards, roller skates or other objects
that will cause damage to the surface of the tennis courts will be
permitted on the tennis court surface.
(51)
Use other than approved tokens in the coin-operated light machine
located in the parks. Tokens for approximately one hour of lighted
court time may be obtained from the office of the City Clerk upon
payment of a fee of seventy-five cents ($0.75). If court lighting
is commenced after 9:00 p.m., there shall be no refund of money due
when said lighting is terminated at the park closing hour.
(52)
Utilize the tennis courts for more than one continuous hour
of play when other persons are waiting to use the courts.
(53)
Operation of any motorized vehicle, including motorcycles, snowmobiles, minibikes, trail bikes, motor scooters, go-carts, motorized skateboards, all-terrain vehicles (ATV) and dune buggies or any other vehicles in the class known as "recreational vehicles" on any property referred to in Section 123-1.
A.
Permits for special events in parks shall be obtained by application
to the Mayor and City Council in accordance with the following procedure:
(1)
A person seeking a permit hereunder shall file an application with
the office of the City Clerk, stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person sponsoring the activity.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Mayor and/or City Council shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
(2)
Standards for issuance of a use permit by the Mayor and City Council
include the following findings:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general enjoyment of the park.
(b)
The proposed activity and uses will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
The proposed activity will not entail extraordinary or burdensome
expense or police operation by the city.
(e)
The facilities desired have not been reserved for other use
at the date and hour requested in the application.
(3)
Within 10 business days after the receipt of an application, the
city shall apprise an applicant, in writing, of its reasons if it
refuses a permit. The notice shall state the reasons for refusal.
The decision of the Mayor and City Council shall be final.
B.
A permittee shall be found by all park rules and regulations and
all applicable ordinances.
C.
The person to whom the permit is issued shall be liable for all loss,
damage or injury sustained by any person whatever by reason of the
negligence of the person to whom such permit shall have been issued.
The Mayor and City Council shall have been issued. The Mayor and City
Council shall have the right to require any permittee to submit evidence
of liability insurance covering injuries to members of the general
public arising out such permitted activities, in such amount as may
be from time to time determined by the city, prior to the commencement
of any activity or issuance of any permit.
D.
The Mayor and City Council shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
The Department of Police shall be charged with the diligent
enforcement of the provisions of this chapter and shall have the authority
to:
A.
Issue summons for the violation of this chapter. Any person or persons
violating this chapter shall, upon conviction in the Municipal Court
of the City of South Amboy, be subject to a fine not exceeding $500
or imprisonment for not more than 90 days, or both.
B.
Eject from the recreational facility any person or persons acting
in violation of this chapter.
C.
Seize and confiscate any property, thing or device in the recreational
facility that is used to violate provisions of this chapter.
The city reserves the right, with respect to any or all of the
public park and recreation areas and any facilities located therein,
to enter into any agreement with educational institution of the city
concerning the control and use thereof, and anything contained in
this chapter to the contrary notwithstanding, any use of such premises
or such facilities pursuant to any agreement with the city heretofore
or hereafter entered into shall be free and exclusive from any control
or supervision of or by the city.
