This article shall be known and may be cited as the "Pequannock
Township Ordinance Regulating Conduct in Township Parks."
[Amended 8-24-2004 by Ord. No. 2004-23; 2-28-2012 by Ord. No. 2012-02]
A.
BOARD OF EDUCATION PROPERTIES
DIRECTOR
FIREARM
(1)
(2)
(3)
(4)
GOVERNMENTAL VEHICLES
MOTOR VEHICLES
OPERATOR
OWNER
PARK
PERSON
PROPERTIES and PUBLIC PARKS
PUBLIC UTILITY VEHICLES
ROADWAY
TOWNSHIP
VEHICLE
For the purposes of this article,
the following terms, phrases, words and their derivations shall have
the meanings given herein:
The following real properties owned by the Pequannock Township
Board of Education: Pequannock Township High School, Pequannock Valley
Middle School, Stephen J. Gerace Elementary School, Hillview Elementary
School, and North Boulevard Elementary School.
A person immediately in charge of any park area and its activities
and to whom all park attendants of such area are responsible.
Any handgun, rifle, shotgun, machine gun, automatic or semiautomatic
rifle, or any gun;
Any paintball gun, pellet gun, or BB gun; or
Any device or instrument in the nature of a weapon from which
may be fired or ejected any solid projectable ball, slug, pellet (including
a paint ball pellet), missile or bullet, or any gas, vapor, paint
or other noxious thing, by means of a cartridge or shell or by the
action of an explosive or the igniting of flammable or explosive substances.
All motor vehicles either registered in the name of or authorized
to be operated by any representative of any governmental agency of
the State of New Jersey or of any county or municipality of the State
of New Jersey.
Motorcycles, motor bicycles, automobiles, trucks, tractors
or other vehicles designed to be propelled otherwise than by muscular
power.
Anyone in actual physical control of a motor vehicle.
Anyone holding the legal title to a motor vehicle or, if
the latter is the subject of an agreement for the conditional sale
or lease thereof with the right of purchase upon the performance of
the conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee, or if a
mortgagor of a vehicle is entitled to possession, then the conditional
vendee, lessee, or mortgagor shall be deemed the owner.
A park, reservation, playground, beach, recreation center
or any other area in the Township owned or used by the Township and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All real property owned or maintained by the Township of
Pequannock, its agents, servants and employees, including all things
growing upon said realty as well as all structures and other inanimate
objects located thereon, whether said realty is open or closed to
public use. "Properties" and "public parks" shall include Board of
Education properties.
All motor vehicles either registered in the name of or authorized
to be operated by any representative of any public utility of the
State of New Jersey or of any county or municipality of the State
of New Jersey.
Any portion of properties or public parks as defined above
which has been improved, designed or is ordinarily used for the traffic
of motor vehicles.
The Township of Pequannock.
Any wheeled conveyance, whether motor-powered, animal-drawn,
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the Township parks.
B.
When not inconsistent with the
context, words used in the present tense include the future, words
in the plural number include the singular number, and words in the
singular number include the plural number.
[Amended 8-24-2004 by Ord. No. 2004-23; 11-28-2006 by Ord. No. 2006-29; 6-26-2007 by Ord. No. 2007-20; 2-22-2011 by Ord. No. 2011-04; 2-28-2012 by Ord. No.
2012-02]
A.
No person
shall, in any of the Township parks or Board of Education properties,
as hereinbefore defined:
(1)
Buildings and other property.
(a)
Disfiguration and removal:
willfully mark, deface, disfigure, injure, tamper with or displace
or remove any building, bridges, tables, benches, fireplaces, railings,
paving or paving material, 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.
(b)
Restrooms and washrooms:
fail to cooperate in maintaining restrooms and washrooms in neat and
sanitary condition. No person over the age of five years shall use
the restroom and washroom designated for the opposite sex.
(c)
Removal of natural resources:
dig or remove any beach sand, whether submerged or not, or any soil,
rock, stones, trees, shrubs or plants, down timber or other wood or
materials, or make any excavation by tool, equipment, blasting or
other means or agency.
(d)
Erection of structures:
construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service
utility into, upon, or across such lands, except on special written
permit.
(2)
Trees; shrubbery; lawns.
(a)
Injury and removal: damage,
cut, carve, transplant or remove any tree or plant or injure the bark
or pick the flowers or seeds of any tree or plant; nor shall any person
attach any rope, wire or other contrivance to any tree or plant. A
person shall not dig in or otherwise disturb grass area or in any
other way injure or impair the natural beauty or usefulness of any
area.
(b)
Climbing trees, etc.:
climb any tree or walk, stand or sit upon monuments, vases, fountains,
railing, fences or gun carriages or upon any other property not designated
or customarily used for such purposes.
(c)
Hitching of animals: tie
or hitch a horse or other animal to any tree or plant.
(3)
Wild animals, birds, etc.
(a)
Hunt, molest, harm, frighten,
kill, trap, chase, tease, shoot or throw missiles at any animal, reptile
or bird; nor 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;
nor collect, remove, have in possession, give away, sell or offer
to sell or buy or offer to buy or accept as a gift any specimen, alive
or dead, of any of the group of tree snails.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Give or offer or attempt
to give or offer to any wild animal or bird any food, water, tobacco,
alcohol or any known noxious substance.
B.
Firearms.
Firearms possession and/or use shall not be permitted. This subsection
shall not be applicable to the authorized use of the Township of Pequannock
police pistol range.
No person shall, in any of the properties or public parks of
the Township of Pequannock, as hereinbefore defined:
A.
State motor vehicle laws apply:
fail to comply with all applicable provisions of the state motor vehicle
traffic laws in regard to equipment and operation of vehicles, together
with such regulations as are contained in this article and other ordinances.
B.
Enforcement of traffic regulations:
fail to obey all traffic officers and park employees, such persons
being hereby authorized and instructed to direct traffic whenever
and wherever needed in the parks and on the highways, streets or roads
immediately adjacent thereto in accordance with the provisions of
these regulations and such supplementary regulations as may be issued
subsequently by the Director.
C.
Obey traffic signs: fail to observe
carefully all traffic signs indicating speed, direction, caution,
stopping or parking, and all others posted for proper control and
to safeguard life and property.
D.
Speed of vehicles: ride or drive
a vehicle at a rate of speed exceeding five miles per hour, except
upon such roads as the Director may designate, by posted signs, for
speedier travel.
E.
Operation confined to roads:
operate any motor vehicle other than on those roadways upon which
motor vehicles are presently and customarily properly allowed, or
other than on such additional areas as may, on occasion, be specifically
designated as parking areas by the Director.
F.
Parking; night driving.
(1)
Designated areas: park a
vehicle in other than an established or designated parking area, and
such use shall be in accordance with the posted directions thereat
and with the instructions of any attendant who may be present.
(2)
Full parking: full park on
the road or driveway at any time. In order to enjoy some special natural
scenic feature, vehicles may be parked with the two left wheels near
the right edge of the paving for not more than five minutes. No stopping
or parking is permitted even briefly on the left-hand side of any
road or driveway. No vehicles shall be permitted in the park after
sundown without permission of the Township police or Director.
G.
Emergency procedure: fail to
immediately notify an attendant of an emergency in the nature of a
breakdown requiring the assistance of a tow truck, mechanic or other
person.
H.
Double parking: double park any
vehicle on any road or parkway unless directed by a park official.
I.
Muffler required: fail to use
a muffler adequate to deaden the sound of the engine in a motor vehicle.
J.
Prohibited operation: operate
or park or permit any motor vehicle which he may own to be operated
or parked in any manner whatsoever contrary to the provisions of this
article.
[Amended 10-23-2001 by Ord. No. 2001-17]
No person in a park shall:
A.
Bathing and swimming.
(1)
Designated areas; obedience
to lifeguard: swim, bath, 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 hereafter adopted; nor shall any person
frequent any waters or places customarily designated for the purpose
of swimming or bathing or congregate thereat when such activity is
prohibited by the Director upon a finding that such use of the water
would be dangerous or otherwise inadvisable. The lifeguard on duty
shall be in charge of the beach and swimming areas at all times. Failure
by any person to obey rules and regulations set forth by the lifeguard
and the Parks and Recreation Advisory Committee shall result in the
forfeiture of the person's park badge and swimming privileges. All
swimming is prohibited when the lifeguards are off duty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Certain hours: 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 Director for such purposes for each individual
area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Structure on beach: 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 into said tent, shelter or structure from at least two sides;
nor shall any guy wire, rope or extension or exterior brace or support
be connected or fastened from any such structure to any other structure,
stake, rock or other object outside thereof.
(4)
Disrobe on any beach or in
any vehicle, toilet or other place, except in such bathing houses
or structures as may be provided for that purpose.
B.
Boating and fishing.
(1)
Designated areas: bring into
or operate any boat, raft or other watercraft, whether motor-powered
or not, upon any waters, except at places designated for boating by
the Director. Such activity shall be in accordance with applicable
regulations as are now or may hereafter be adopted.
(a)
Rowboats and sailing boats not exceeding 14 feet and canoes not exceeding
16 feet shall be allowed in Woodland Lake. Sailboats shall only be
launched from areas designated by the Director and must be removed
from the park before sundown or as otherwise designated by the Director.
(b)
No person under the age of 14 years of age shall be permitted to
boat at Woodland Lake without the supervision of an adult 18 years
of age or older.
(c)
Fishing and boating shall be allowed in Woodland Lake or such areas as may be designated by the Director and under such regulations as may be prescribed by the Director. Fishing and boating in Woodland Lake shall only be permitted to residents of Pequannock Township who have obtained badges as provided for in § 237-15.
[Amended 7-28-2020 by Ord. No. 2020-09]
(2)
Public docks: use the public
docks for dockage or other purpose without first making arrangements
for such accommodation with the Director, who shall assign space and
collect reasonable rental charges in conformity with established regulations
and rates.
(3)
Operation of boats: navigate,
direct, or handle any boat in such manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupants of any other boat.
(4)
Prohibition during closing
hours: launch, dock or operate any boat of any kind on any waters
between the closing hour of the park at night and opening hour the
following morning, nor shall any person be on, or remain on or in,
any boat during said closed hours of the park.
C.
Picnic areas and use.
(1)
Regulated: picnic or lunch
in a place other than those designated for that purpose. Attendants
shall have the authority to regulate the activities in such areas
when necessary to prevent congestion and to secure the maximum use
for the comfort and convenience of all. Visitors shall comply with
any directions given to achieve this end.
(2)
Availability: violate the
regulation that use of the individual fireplaces, together with tables
and benches, follows generally the rule of first come, first served.
(3)
Nonexclusive: use any portion
of the picnic areas or of any of the buildings or structures therein
for the purpose of holding picnics to the exclusion of other persons,
nor shall any person use such area and facilities for an unreasonable
time if the facilities are crowded.
(4)
Duty of picnicker: leave
a picnic area before the fire is completely extinguished and before
all trash in the nature of boxes, papers, cans, bottles, garbage and
other refuse is placed in the disposal receptacles where provided.
If no such trash receptacles are available, then refuse and trash
shall be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
D.
Games: Take part in or abet the
playing of any game involving thrown or otherwise propelled objects
such as balls, stones, arrows, javelins or model airplanes except
in areas set apart for such forms of recreation. The playing of rough
or comparatively dangerous games such as football, baseball and quoits
is prohibited except on the fields and courts or areas provided therefor.
Roller-skating shall be confined to those areas specifically designated
for such pastime.
E.
Horseback riding: 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.
[Amended 2-24-1998 by Ord. No. 98-04; 8-9-2016 by Ord. No. 2016-11]
A.
No person
in a park shall:
(1)
Intoxicating beverages: have
brought alcoholic beverages, nor shall any person drink alcoholic
beverages, at any time in the park, or have in their possession an
opened or unopened container.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Fireworks and explosives:
have brought, or have in his possession, or set off or otherwise cause
to explode or discharge or burn, any firecrackers, torpedo, rocket
or other fireworks or explosives of inflammable material, or discharge
them or throw them into any such area from land or highway adjacent
thereto. This prohibition includes any substance, compound, mixture,
or article that in conjunction with any other substance or compound
would be dangerous from any of the foregoing standpoints.
(3)
Reservation of facilities:
occupy any seat or bench or enter into or loiter or remain in any
pavilion or other park structure or section thereof which may be reserved
and designated by the Director for the use of the opposite sex. Exception
is made for children under five years of age.
(4)
Alms: solicit alms or contributions
for any purpose, whether public or private.
(5)
Fires: build or attempt to
build a fire except in such areas and under such regulations as may
be designated by the Director. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other inflammable material within any park area or on any highway,
road or street abutting or contiguous thereto.
(6)
Closed areas: 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.
(7)
Games of chance: gamble or
participate in or abet any game of chance.
(8)
Going onto ice: go onto the
ice on any of the waters except such areas as are designated as skating
fields, and provided a safety signal is displayed.
(9)
Loitering and boisterousness:
sleep or protractedly lounge on the seats or 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 a breach of the public peace.
(10)
Exhibit permits: fail to
produce and exhibit any permit from the Director 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.
(11)
Interference with permittees:
disturb or interfere unreasonably with any person or party occupying
any area, or participating in any activity, under the authority of
a permit.
B.
Domestic
animals. Dogs, cats and other domestic animals are prohibited on all
park properties except as otherwise provided herein. Service dogs,
on a leash, are permitted on all park property.
(1)
Dogs,
only when completely secured on a leash or similar restraint not more
than six feet in length and under the control of a person, are permitted
in all Township-owned parks with the following exceptions:
(a)
The portion of Pequannock
Valley Park enclosed by fencing.
(b)
Any indoor location.
(c)
Playgrounds.
(d)
Sports fields, or within
50 feet from the boundary of a sports field, except for walkways and
other areas designated for pedestrian use.
(e)
Special public events,
as determined by the Parks and Recreation Department, being held in
a park.
(2)
Dogs
are permitted, off leash, in the Dog Park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The
penalty for a violation of this subsection shall be $100 for the first
offense, $250 for the second offense, and $500 for the third offense
and any subsequent offense.
No person in a park shall:
A.
Vending and peddling: expose
or offer for sale any article or station or place any stand, cart
or vehicle for the transportation, sale or display of any such article.
Exception is here made for any regularly licensed concessionaire acting
by and under the authority and regulation of the Director.
B.
Advertising: announce, advertise
or call the public attention in any way to any article or service
for sale or hire.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Signs: paste, glue, tack or otherwise
post any sign, placard, advertisement, or inscription whatsoever,
nor shall any person erect or cause to be erected any sign whatever
on any public lands or highways or roads adjacent to a park.
[Amended 3-27-2003 by Ord. No. 2003-10; 12-28-2004 by Ord. No. 2004-39; 5-27-2008 by Ord. No. 2008-09; 4-27-2010 by Ord. No. 2010-6; 3-22-2011 by Ord. No.
2011-10; 5-8-2012 by Ord. No. 2012-07; 2-26-2013 by Ord. No. 2013-02; 12-10-2013 by Ord. No. 2013-24; 5-27-2014 by Ord. No. 2014-07; 2-23-2016 by Ord. No.
2016-03; 10-24-2017 by Ord. No. 2017-15; 12-10-2019 by Ord. No. 2019-16]
A.
The Pequannock Valley Park (PV
Park) swimming and beach area and the Woodland Park boating and fishing
area shall be restricted to those who have obtained membership badges
or daily badges or are approved group users. It shall be a violation
of this article for any person to use the swimming facility or boating/fishing
areas without a proper badge. All badges are nontransferable, and
it is a violation of this article for any person who has been issued
a badge to allow it to be used by another, or for a person who has
not been issued a badge to use or attempt to use a badge to gain entry
into the facility.
B.
Pequannock residents and nonresidents
shall be eligible to purchase badges for PV Park. Only Pequannock
residents shall be eligible to purchase badges for boating and fishing
on Woodland Lake.
[Amended 7-28-2020 by Ord. No. 2020-09]
C.
Fees for badges and use of PV
Park and Woodland Lake are established as provided in Chapter 252,
Fees.
[Amended 7-28-2020 by Ord. No. 2020-09]
D.
There shall be no boating or
fishing in the PV Park swimming facility and no swimming in the Woodland
Lake boating and fishing facility.
E.
No person using the park facilities
shall leave his motor vehicle parked on adjacent or nearby streets.
F.
Closed areas. Any section or
part of any park may be declared closed to the public by the Director
at any time for an interval of time, either temporarily or at regular
and stated intervals (daily or otherwise), and either entirely or
merely to certain uses, as the Director shall find reasonably necessary.
G.
Facility hours will be established
by the Director on an annual basis and shall be posted at the facilities.
H.
Senior citizens. Senior citizens
who are subject to the fees set forth in this section who qualify
for and receive property tax deductions under N.J.S.A. 54:4-8.40 et
seq. shall be eligible for a reduced fee for Pequannock Valley Park
and Woodland Lake. A qualifying senior citizen shall file a request
with the Parks and Recreation Office for the reduced fee. The Tax
Collector shall certify that the applicant does qualify for and receive
the property tax deductions as permitted by statute. The sum deduction
pursuant to this subsection is set at 50%.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
There shall be no fee charged for an annual membership
for PV Park to members of the Pequannock Township Fire Department
or Pequannock First Aid Squad upon proof of current membership in
the respective organizations and completion of the application required
by the Pequannock Township Parks and Recreation Office. This membership
is exclusive to the individual volunteer and cannot be transferred
to any other person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Officials. The Director and park
attendants and park rangers shall, in connection with their duties
imposed by law, diligently enforce the provisions of this article.
B.
Ejectment. The Director and any
park attendant or park ranger shall have the authority to eject from
the park any person acting in violation of this article.
C.
Seizure of property. A police
officer, the Director or any park attendant or park ranger shall have
the authority to seize and confiscate any property, in the public
properties and parks of the Township, used in violation of this article,
except as hereinafter provided in this subsection. Should any motor
vehicle, as defined in this article, be operated in any manner whatsoever
contrary to the provisions of this article, any police officer of
the Township of Pequannock shall be hereby authorized to have such
motor vehicle removed from the public properties and parks of the
Township. All expenses incurred for such removal, including but not
limited to towing and storage charges, shall be paid by the owner
of the vehicle to that individual or organization which effectuated
the removal of the vehicle, upon the owner's reacquisition of the
same.
D.
Forfeiture of park badges. The
Director and any park attendant or park ranger shall have the authority
to confiscate and cause the forfeiture of a park badge or badges for
any violation of this article. In the event that a park badge is forfeited,
any person wishing to avail themselves of the park privileges must
reapply for a park badge and pay the customary fees.
E.
Exemption. All governmental and
public utility vehicles as previously defined in this article shall
be exempt from the provisions of this article.
