[Ord. No. 2014-41 § 2]
As used this article, the following terms shall have the following
meaning:
Shall mean play or instruction, whether organized, structured,
unstructured or spontaneous, requiring equipment by an individual,
a league, or a group utilizing areas such as playing fields and courts,
playgrounds, jogging areas, bicycle paths, horseback riding, designated
dog areas, ponds, barbecue areas and pavilions.
Shall mean any animals within the jurisdiction of a park,
including but not limited to cats, dogs, deer, horses, fowl or birds.
Shall mean the board of parks and recreation commissioners,
created by section 16-1 above.
Shall mean all the real property, facilities and structures
situated in Princeton acquired by or under the jurisdiction and care
of the board and municipality, or that is hereafter acquired by it
or comes under their jurisdiction, namely all parks, playgrounds,
recreational facilities, trails, open space, and any other areas or
facilities designated by Princeton to be used for both active and
passive recreation.
Shall mean activities that are less rigorous and active than
those that constitute active recreation, such as hiking, picnicking
and the enjoyment and observation of natural areas including but not
limited to flower beds, plantings and natural habitat generally.
Shall mean any footpath, walk, or any passageway maintained
for use by pedestrians.
Shall mean a person on foot.
Shall mean any written license or permission issued by or
under the authority of the municipality permitting a specific event
or activity in Princeton.
Shall mean every road or lane or driveway generally not open
to public use.
Shall mean the privilege of the immediate use of a roadway,
drive or path.
Shall mean any space (within a roadway or drive) established
for pedestrian use.
Shall mean that portion of Hilltop Park wherein a facility
has been constructed for skateboarding.
Shall mean any cessation of movement of a vehicle occupied
or not except when necessary to avoid conflict with other traffic.
Shall mean pedestrians, ridden or herded animals, vehicles,
either singly or together.
Shall mean any conveyance (except a baby carriage or stroller,
in use for the transport of a baby or child) including but not limited
to motor vehicles, bicycles, tricycles, sleds, sleighs, pushcarts,
or vehicles propelled by other than muscular power.
[Ord. No. 2014-41 § 2]
This article shall be effective within all the parks and recreation
areas, as defined in section 16-4, under the administration of the
municipality and the board of parks and recreation commissioners,
and to the extent specified else wherein this article or chapter,
to public plazas, public open spaces and to the Mountain Lakes Preserve,
and shall regulate the use thereof by all persons.
All persons using parks and recreation areas must obey the provisions
of this article, Princeton ordinances, other chapters of this Code
and New Jersey statutes and regulations incorporated herein, and the
posted rules and regulations established for the proper, effective
and safe utilization of the parks and recreation areas.
No provision of this article shall make unlawful any act necessarily
performed by any officer or employee of the municipality or board
of parks and recreation commissioners, or any designated agent in
line of duty or work as such, or by any person or his or her employees
or agents in the proper and necessary execution of the terms of any
agreement with the municipality or board of parks and recreation commissioners,
or a designated agent of either.
Any act otherwise prohibited by law or local ordinance shall
be lawful if performed under, by virtue of and strictly within the
provisions of a permit so to do, and to the extent authorized thereby.
[Ord. No. 2014-41 § 2;
amended 10-24-2022 by Ord. No. 2022-37]
(a)
Advertising. No person shall post, paint, affix, distribute, hand
out, deliver, place, cast, leave about or display any bill, billboard,
placard, ticket, handbill, circular, flag, banner, transparency, target,
sign or any other matter for advertising purposes, nor shall any person
operate any musical instrument, or use any sound-making or amplifying
device for advertising purposes or for the purpose of attracting attention
to any exhibition, show, performance or other display, unless he or
she complies with Chapter 14, entitled "Peddling, Soliciting and Related
Activities," and obtains a permit therefor, as required by Chapter
14, section 14-3. Any such activity shall only be permitted to the
extent the proposed activity will not unreasonably interfere with
or detract from the general public enjoyment of the park or recreation
area.
(b)
Peddling and soliciting. No person shall solicit for any purpose,
nor shall any person sell or offer for sale any object or merchandise
or any other thing within the parks and recreation areas, unless he
or she complies with Chapter 14, entitled "Peddling, Soliciting and
Related Activities," and obtains a permit therefor, as required by
Chapter 14, section 14-3. Any such activity shall only be permitted
to the extent the proposed activity will not unreasonably interfere
with or detract from the general public enjoyment of the park or recreation
area.
(c)
Animals.
(1)
Except as specifically set forth in subsection (c)(1)a immediately
below, no person owning or in charge of an animal shall permit that
animal to run at large. For purposes of this section, "run at large"
shall refer to an animal not securely confined by an adequate leash
of not more than eight feet long and under the control of its owner
or other responsible person whenever the animal is off its owner's
or custodian's property. An animal shall not run at large on any public
land.
a.
Council
may, from time to time, designate certain parks and/or recreation
areas, and/or parts of parks and/or recreation areas, as “dog
parks.” A dog park is an area in which dogs are allowed to run
without being confined to a leash, i.e., run “off-leash.”
Dog parks may be (i) fenced-in, within which dogs may run off-leash
but within the confines of the fenced in area only; and/or (2) non-fenced-in
areas, within which dogs may run off-leash without being confined
to a fenced-in area. Prior to creating any such dog park, council
shall approve the designation of same by resolution and establish
rules and regulations for their use. Princeton shall also post the
rules and regulations in conspicuous places at the parks and recreation
areas at which they are effective.
(2)
Any person owning or in charge of a dog must immediately remove
all dog feces deposited on park and recreation areas, including dog
parks, by placing it in a bag to be sealed and removed from the area.
(3)
Dogs, cats and other domestic animals shall not be permitted
to be in John Street Public Park, Mary Moss Playground, Potts Park,
Barbara Boggs Sigmund Playground, Maggie's Playground and the Pine
Street Park Playground.
(4)
No horse shall be driven or ridden in a park or recreation area
except on and along any pipeline right-of-way of Trans-Continental
Gas Pipe Line Co.
(5)
No person shall molest, kill, wound, trap, take, chase, shoot
or throw projectiles at, or remove, or have in his possession any
animal, reptile, bird or eggs, or knowingly buy, receive, have in
his or her possession, sell or give away any such animal, reptile,
bird or eggs so taken, except that nothing in this section shall be
deemed to apply to any agent specifically authorized by resolution
of the municipality to hunt white-tailed deer for deer management
purposes.
(6)
No person shall fish in any of the lakes, ponds, streams or
canals bordering or within a park or recreation area without a valid
state fishing license, and only during the seasons established by
the New Jersey Department of Environmental Protection, Division of
Fish and Wildlife. No person shall kill, wound, discharge or throw
projectiles at any fish in such waters, or place therein any piscivorous
fish, poison or any other substances injurious to fish.
(d)
Alcoholic beverages. No person or group shall bring, possess, sell,
buy, give away or consume any alcoholic beverages in any park or recreation
area at any time, except as follows:
(1)
In connection with an organized function or social affair for
which express prior permission has been received in writing from the
governing body and the requisite permit obtained from the Director
of the Division of Alcoholic Beverage Control, subject to any terms
and restrictions relating to the public safety and general welfare
of the municipality; or
(2)
At the main dwelling unit located within the Mountain Lakes
Preserve, when authorized by a special alcoholic beverage permit.
(e)
Barbecues and cooking fires. No person shall build, light or maintain
a fire within a park or recreation area except in a grill or fireplace
provided and designated for that purpose by the municipality, subject
to the following:
(1)
All fires shall be continuously under the care and direction
of a competent adult from the time they are kindled until they are
extinguished.
(2)
No cigar, cigarette, or lighted match shall be discarded carelessly
or in a manner which may start a fire.
(3)
Only charcoal shall be used for cooking fires in the permanent
barbecue grills.
(4)
No barbecue fire shall be left unattended and all fires shall
be extinguished immediately after use.
(f)
Motorized vehicles. The operation of any state-licensed motorized
vehicles, including mopeds and motorcycles, is restricted to designated
park roadways and parking areas. Operation of any other motorized
vehicle, including snowmobiles, all-terrain vehicles and mini-bikes,
is prohibited in any area designated by the board or Princeton as
a park or recreation area, with the exception of municipal vehicles.
Authorized motorized vehicles shall only be parked in areas and spaces
clearly and specifically marked with striping and/or signage or directed
by the police or another authorized representative of the municipality.
During periods of darkness said vehicles shall have parking lights
in operation. No vehicles shall be parked in the parking areas or
otherwise left in any park or recreation area except when the parks
and recreation areas are open.
(g)
Ice skating. No person shall use any body of water in any recreation
area for ice skating, except on the areas of the ponds specifically
authorized for same located in Community Park North Park and Barbara
Smoyer Memorial Park. In addition, no person shall go upon ice in
any authorized ice skating area with or without skates other than
between 10:00 a.m. and dusk, and only to the extent authorized by
signage or instructions for safety purposes in the permitted skating
areas.
(h)
Explosives. No person shall bring into, or have in possession, at
said parks any fireworks or any other explosives, including any substance,
compounds, mixture or article having properties of such a character
that alone or in combination or conjunction with other substances
or compounds, may decompose suddenly and generate sufficient heat,
gas or pressure, or any or all of them to produce rapid flaming, combustion,
or administer a destructive blow to surrounding objects.
(i)
Firearms and weapons. No person shall carry or possess firearms of
any description; or air rifles, spring guns, bows and arrows, slings
or any other form of weapon (concealed or not) potentially harmful
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. Shooting into park areas from beyond park boundaries is prohibited.
(j)
Property damage. No person shall:
(1)
Injure, deface, displace, remove, fill in, raise, destroy, damage
or tamper with any public property located in any park or recreation
area, real or personal, including but not limited to trees, plants,
pavements, equipment, buildings, signage and furnishings.
(2)
Take up or remove or carry away any rock, stone, gravel, sand,
clay or earth, or make any excavation of any kind, name or nature.
(3)
Throw or place any foreign or waste substance in any lake, river,
lagoon, stream, storm sewer, or drain of the parks or leading into
or bordering upon the aforementioned or any substance, matter, or
thing which may or shall result in the pollution of said waters.
(4)
Injure trees, shrubs, and grass, or destroy, cut, break, deface,
mutilate, disturb, sever or remove from the ground, any plant, flower,
growing thing, stem, branch or leaf thereof, or:
a.
Pile debris of any kind against same; or
b.
Attach any rope or cable or other contrivance thereto, except
that nothing in this subsection shall be deemed to apply to any agent
specifically authorized by the municipality to hunt white-tailed deer
for deer management purposes; or
c.
Set fire or assist in setting a fire to any of the same; or
d.
Ride or hitch horses or any other animal over or to any of the
same.
(k)
Rubbish and refuse matter; household refuse.
(l)
Closing hours. No person shall enter or remain in a park past closing
hours (dusk), except as may be authorized such as in the case of the
permitted use of lighted recreation areas.
(m)
Opening hours. No person shall enter or remain in a park before opening
hours (dawn), except as may be authorized such as in the case of the
permitted use of lighted recreation areas.
(n)
Minors. No parent or guardian or custodian of any minor shall permit
or allow a minor to do any act prohibited by this article.
(o)
No person shall engage in golfing or practice golf shots except as
may be authorized by the appropriate municipal officer or duly authorized
agent.
(p)
No person shall engage in boating except as may be authorized by
the appropriate municipal officer or duly authorized agent.
(q)
No person shall engage in wind surfing, sail boating, motor boating
or the use of jet skis or wave runners, except as may be authorized
by the appropriate municipal officer or duly authorized agent.
(r)
No person shall engage in scuba diving or spear fishing.
(s)
No person shall engage in archery except as may be authorized by
appropriate municipal officer or duly authorized agent.
(t)
No person shall swim or wade except at the Community Park Pools and
the John Street Wading Pool, and as authorized by appropriate municipal
officer or duly authorized agent.
(u)
No person shall wash automobiles or of other motor vehicles, or vehicles
propelled by other than muscular power.
(v)
No person shall sled or ski except as authorized by the appropriate
municipal officer or duly authorized agent.
(w)
No person shall engage in model airplane flying except as may be
authorized by the appropriate municipal officer or duly authorized
agent.
(x)
No person shall skateboard, except within the Hilltop Park Skate
Park, in accordance with the requirements of section 16-8 of this
chapter.
(y)
No person shall feed wildlife as prohibited in section 16-7 below.
(z)
No person shall gamble.
(aa)
No person shall pitch or otherwise utilize tents or other temporary
shelter for camping.
(bb)
No person shall enter or leave park facilities except at established
entrances and exits.
(cc)
No person shall bring, carry or cause to be brought into the parks
and recreation areas any glass bottles or other glass containers except
upon written permission from an authorized officer of the municipality.
(dd)
No person shall throw stones or other projectiles so as to annoy
or injure other persons.
(ee)
No person shall climb or stand upon any wall, fence, shelter, seat,
statue or other structure not constructed for such.
(ff)
No person shall litter in the parks, or deposit on the ice or in
the ponds any matter that would tend to damage the ice for skating
or pollute the ponds.
(gg)
No person shall fail to obey, or interfere with a police officer,
animal control officer or other board or Princeton employee in the
proper performance of duties within a park or recreation area.
(hh)
No person shall remove or open permanent or temporary barriers, signs,
directionals, gates or fences.
(ii)
No person shall, by any means or instrumentality, threaten or coerce
action from another individual, so as to interfere with the individual's
lawful use of the parks and recreation areas.
(jj)
No person shall engage in smoking in any park or recreation area,
as prohibited by Princeton Board of Health Ordinance 2013-01, as may
be amended.
[Ord. No. 2014-41 § 2;
amended 5-26-2020 by Ord. No. 2020-13]
(a)
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any municipal park or on any other property owned or operated
by the municipality of Princeton, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
(b)
Prohibition. It shall be unlawful for any person to feed, in any
municipal park or recreation area, or on any other property owned
or operated by the municipality, any wildlife, excluding confined
wildlife (for example, wildlife confined to zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental educational centers).
(c)
FEED
PERSON
WILDLIFE
Definitions. For purposes of this section, the following terms, phrases,
words and their derivatives shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the text, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural. The word "shall" is always mandatory and
not merely directory.
shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game nor shall it be deemed to apply to any
agent specifically authorized by the municipality to hunt white-tail
deer for deer management purposes.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
(d)
This section shall be enforced by the police department. Any person
found in violation of this section shall be ordered to cease the feeding
immediately and be subject to penalties and fines as provided for
in section 1-6 of this Code.
[Ord. No. 2014-41 § 2]
In addition to the regulations provided for in the other sections
of this article, the following regulations shall pertain to the skateboarding
facility within Hilltop Park:
(a)
The Skate Park is open dawn to dusk daily, weather and conditions
permitting. In addition, if the gate to the Skate Park is locked,
the Skate Park shall not be considered open and public access shall
not be authorized.
(b)
Skaters must be at least seven years old to use the Skate Park; skaters
seven through 10 years old must be supervised by a parent/guardian.
(c)
Only skateboards, scooters and inline skates are permitted.
(d)
No bikes are permitted.
(e)
No graffiti, tagging or stickers.
(f)
No pets inside the Skate Park.
(g)
No food or drink inside the Skate Park.
(h)
Non-skaters are not allowed inside the Skate Park.
(i)
No personal ramps, boxes, or other skate elements allowed.
(j)
Profanity and obscene language/behavior is not allowed.
(k)
Skaters must wear at all times helmets, elbow pads and knee pads.
[Ord. No. 2014-41 § 2]
In addition to the regulations provided for in the other sections
of this article, the following regulations shall pertain to the Mountain
Lakes Preserve:
(a)
No person shall harm, hunt, trap or harvest and remove from the Mountain
Lakes Preserve any animals, except for (1) fishing with a valid fishing
license during the seasons established by the New Jersey Department
of Environmental Protection, Division of Fish and Wildlife; (2) such
limited and controlled wildlife management activities under the supervision
of the municipality as may be necessary to keep the animal population
within the numbers consistent with the ecological balance of the area
or for public health, safety and welfare purposes; or (3) a certified
animal control officer acting under the authority of N.J.S.A. 4:19-15.16
for community safety purposes as it relates to animal control.
[Ord. No. 2014-41 § 2]
A permit authorizing a person or organization the exclusive
use of a designated park facility or recreation area in which such
reservation is specifically authorized by the board may be granted
upon written application to the executive director of the recreation
department, payment of the permit fee set forth below and satisfaction
of the requirements of this section. All conditions of the permit
approval must be adhered to and any violation thereof, the rules and
regulations set forth in this chapter governing the use of parks and
recreation areas, or false statements on the application, shall constitute
grounds for its revocation by the municipality.
Permits shall only be permitted in park facilities and recreation
areas designated by the executive director as appropriate for same.
In addition, the following shall apply:
(a)
A permit shall be obtained by application to the executive director,
which application shall contain the following:
(1)
The name and address of the applicant;
(2)
The name and address of the person, persons, corporations or
associations sponsoring the activity, if any;
(3)
The day and hours for which the permit is desired;
(4)
The park or portion thereof for which the permit is desired;
(5)
The specific activity or use for which the permit is necessary,
including the number of persons to be covered by such permit; and
(6)
A fee in the amount of $40 per use. The fee shall be used to
compensate the municipality for the cost of administering this section,
including the regulation of the conduct of the permittee.
(b)
The executive director shall consider such application and, within
15 days of receipt of a complete application, including the hold harmless
agreement required below, either grant or deny the application. The
decision of the executive director shall be transmitted to the applicant
shown on the application. The standards for issuance of such permit
by the executive director shall include the following:
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park, nor will it detract from the promotion of public health, welfare,
safety and recreation; and
(2)
That the recreation area or facility desired has not been reserved
for other use at the date and hour requested by the application.
(c)
Any person aggrieved by the decision of the executive director as
hereinabove provided, shall have the right to appeal to the administrator
by serving written notice thereof on the municipal clerk within five
days of notification of the decision of the executive director. A
copy of such notice shall also be served on the executive director
within the same time and he or she shall immediately forward the application
and the reasons for its refusal to the administrator who shall consider
the appeal under the application standards set forth in this section
and sustain or overrule the decision of the executive director within
10 days from receipt of the appeal by the municipal clerk.
(d)
The person to whom the permit is issued shall be liable for all loss,
damage or injury sustained by any person whatsoever by reason of the
negligence or intentional act of the person, its agents, servants,
employees or guests, to whom the permit was issued. All permittees
shall be required to submit a signed and duly authorized hold harmless
agreement in a form prescribed by the executive director.
(e)
The executive director or his or her designee shall have the authority
to revoke any permit upon a finding of violation of any rule, regulation
or ordinance or upon good cause shown.
(f)
Notwithstanding any other provisions of this section, the chief of
police or his or her designee shall be authorized to revoke a permit
issued hereunder when, during the course of the activity for which
the permit has been issued, the safety of any persons or the safety
of personal property, including that of the municipality, is in clear
and immediate danger as a result of the activity authorized by the
permit. Where such permit has been revoked or where persons and personal
property are endangered as set forth above by a person or persons
who do not possess such permit, the chief of police or his or her
designee is authorized to require that such person or persons leave
the park area and take all steps necessary to eliminate the condition
which endangers persons or personal property.
[Ord. No. 2014-41 § 2]
Except for conduct which would constitute a crime or an offense
under the criminal laws applicable in the municipality, which would
be subject to more substantial penalties, any violation of this chapter
shall be subject to the penalty provisions of section 1-6 of this
Code.
[Ord. No. 2014-41 § 2]
The invalidity of any of the sections of this chapter shall
not affect the validity and enforceability of the remaining sections.
[Ord. No. 2014-41 § 2]
The provisions of this article or a summary thereof shall be
conspicuously posted at each entrance to the parks and recreation
areas where effective and at such other places as the department of
infrastructure and operations or recreation department, or a designated
agent of either, shall deem advisable.
