[HISTORY: Adopted by the Township Committee
of the Township of Washington 9-19-2000 by Ord. No. 00-9; amended
in its entirety 4-17-2018 by Ord. No. 2018-03. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to establish rules and regulations
for the protection, care and control of the public parks, playgrounds,
parks and recreation building, and recreation areas in the Township
of Washington; to regulate the conduct of persons on or within such
parks, playgrounds, parks and recreation building, and recreation
areas or using the facilities thereof; and to provide penalties for
the violation of its provisions.
It shall be unlawful for any person in a public park, playground,
parks and recreation building, or recreation area to:
A.
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving materials, waterlines 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.
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition.
C.
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.
D.
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 permit
issued hereunder.
E.
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark of any tree, dig in or otherwise disturb grassed areas, or
in any other way injure the natural beauty or usefulness of any public
park, playground or recreation area.
F.
Walk, stand or sit upon monuments, vases, planters, fountains, railings,
fences or upon any other property not designated or customarily used
for such purposes.
G.
Tie or hitch an animal to any tree or plant.
H.
Except as specifically listed below hunt, molest, kill, wound, trap,
abuse, shoot, pursue or throw missiles at, remove or have in his possession
any animal, reptile or bird found within a Township park, playground
or recreation area nor disturb its habitat; or, knowingly buy, receive,
have in his possession, sell or give away any such animal, reptile,
bird or eggs so taken, except as may be specifically provided for
and being in accordance with state/federal fish and game laws. Fishing
is permitted at Lake Marguerite on a catch and release basis.
I.
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 any park or any tributary stream, storm sewer or drain flowing
into such water any substance, matter or thing, liquid or solid, which
will or may result in the pollution of said waters.
J.
Bring in, dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other
trash. Glass bottles are strictly prohibited in any area. No refuse
or trash shall be placed in any waters in 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 properly disposed of elsewhere.
K.
Drive or park any vehicle on any area except the paved park roads
or parking areas or such areas as may occasionally be specifically
designed as temporary areas by the Township of Washington. Vehicles
are specifically prohibited from driving or parking on any paved walking
path or grass area.
L.
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in park areas. No motor vehicle shall be parked
in said park areas from 1/2 hour after sunset until sunrise, except
as otherwise permitted.
M.
Ride a bicycle, skateboard, or roller/inline skates on ball fields,
tennis courts, basketball courts, playgrounds or playing fields. Riding
of bicycles, skateboards, or roller/inline skates shall be restricted
to paved areas and parking lots only.
N.
Leave a bicycle lying on the ground or paving or set against trees
or in any place or position where a person may trip over or be injured
by it.
O.
Swim or bathe in any waters or waterways in any park, except in such
waters and at such places as are provided therefore and in compliance
with such regulations as are herein set forth or may be herein set
forth or may be hereinafter adopted; nor shall any person frequent
any waters or places customarily designated for the purpose of swimming
or bathing or congregate thereat when such activities are prohibited
by the Township of Washington upon a finding that such use of the
water would be dangerous or otherwise inadvisable.
P.
Erect, maintain, use or occupy on or in any beach or bathing area
any tent, shelter or structure of any kind, nor shall any guyed wire,
rope or extension brace or support be connected or fastened from any
such structure to any other structure, stake, rock or other object
outside thereof.
Q.
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 Township of Washington. Such activity shall be
in accordance with applicable regulations as are now or will hereafter
be adopted.
R.
Fish in any area where bathing is permitted.
S.
Shoot into park areas from beyond park boundaries. No person shall
carry or possess firearms of any description or air-rifles, spring-guns,
cross-bows, bow and arrows, slings 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 except as may be specifically provided for, and being
in accordance with state/federal fish and game laws or law enforcement
personnel patrolling the park.
T.
Act in a disorderly manner to any other person.
U.
Use any portion of the picnic areas or any of the buildings or structures
therein for the purpose of holding picnics to the exclusion of other
persons, except as permitted, nor shall any person use such areas
and facilities for any unreasonable time if the facilities are crowded.
V.
Leave in a park after closing hours any movable structure or special
vehicle to be used or that could be used for shelter, such as a house
trailer, camp trailer, camp wagon, or the like, except in those areas
designated by the Township of Washington for those purposes.
W.
Take part in or abet the playing of any games 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 games such as football,
baseball, soccer, basketball, volleyball, and lacrosse is prohibited
except on the fields and courts or areas provided therefore. Roller
skating or blading and use of skateboards shall be confined to paved
areas.
X.
As may be applicable, 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.
Y.
Create or maintain a fire except in areas designated for such use.
Z.
Smoke in
any park, playground, recreation area, recreation building(s), structure(s)
and/or parking lots.
[Added 6-15-2021 by Ord. No. 2021-09]
While in a public park, playground, parks and recreation building,
or recreation area, all persons shall conduct themselves in a proper
and orderly manner, and, in particular, no person shall:
A.
Bring alcoholic beverages or any controlled dangerous substance or
consume or utilize same at any time nor shall any person be under
the influence of any intoxicating liquor or substance.
B.
Have in his possession, or set or otherwise cause to explode or discharge
or burn any firecrackers, torpedo rockets or other fireworks, firecrackers
or explosives or inflammable material, or discharge them or throw
them into any such areas from lands 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. At the discretion
of the Township of Washington, permits may be given for conducting
properly supervised fireworks in designated park areas.
C.
Allow dogs or other domestic animals to run at large. All animals
in areas where such animals are permitted shall be restrained at all
items on adequate leashes not greater than six feet in length. All
dog droppings shall be removed and disposed of outside of the park
area.
D.
Solicit contributions for any purpose, whether public or private,
unless previously approved by the Township Committee.
E.
Drop, throw or otherwise scatted lighted matches, burning cigarettes
or cigars, tobacco paper or other inflammable materials within any
park or on any highways, roads or streets abutting or contiguous thereto.
F.
Enter an area posted as "Closed to the Public" nor shall any person
use or abet in the use of any area in violation of posted notices.
G.
Gamble, participate in or aid and abet any games of chance, unless
previously approved by the Township Committee.
H.
Go onto the ice on any of the waters, except in such areas as are
designated as skating fields and provided a safety signal is displayed.
I.
Allow children under the age of eight years to be in the park, playground,
parks and recreation building, or recreation area without supervision
of a responsible person.
A.
Permits for group or organized events in parks, playgrounds, parks
and recreation building, and recreation areas shall be obtained by
application to the Township of Washington in accordance with the following
procedures:
(1)
A person seeking issuance of a permit hereunder shall file an application
with the designated official of the Township of Washington stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person(s), corporation(s), or association(s)
sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
Any other information which the Township of Washington shall
find reasonably necessary for a fair determination as to whether a
permit should be issued hereunder.
B.
The designated official of the Township of Washington shall review
such permit application and decide whether to grant or deny such permit
based on the standards set forth below:
(1)
Standards for issuance of a use permit by the Township of Washington
shall include the following findings that:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general public's use and enjoyment
of the park.
(b)
The proposed activity and use will not unreasonably interfere
with or detract from the promotion of the public health, welfare,
safety, and recreation.
(c)
The proposed activity or use will not include violence, crime,
or disorderly conduct.
(d)
The proposed activity will not entail extraordinary or burdensome
expense of police operation(s) by the Township of Washington.
(e)
The facilities desired have not been reserved by any other use
at the date and hour requested in the application.
(2)
The designated official of the Township of Washington shall apprise
an applicant, in writing, of its reasons for refusing a permit and
an aggrieved person shall have the right to appeal to the Township
of Washington by serving written notice with all relevant information
as to the reasons for the appeal thereof on the Township Clerk within
five calendar days of said refusal. The Township Committee shall hear
such appeal at the next Township Committee meeting following the receipt
of said appeal so long as said appeal is receive no later than seven
calendar days prior to said meeting. Representatives of the appellant
and the designated official of the Township of Washington may attend
such meeting to place their positions before the Committee or rely
on the papers submitted.
(3)
A permittee and any visitor(s) or guest(s) shall be bound by all
park rules and regulations and all applicable ordinances fully as
though the same were inserted in said permits.
(4)
The person or persons to whom the permit is issued shall be liable
for all losses, damage or injury sustained by any person by reason
of the negligence of the person or persons to whom such permit shall
have been issued. The applicant shall provide a certificate of liability
insurance in an amount not less than $1,000,000 per occurrence, $2,000,000
aggregate.
(5)
Reasonable user fees for resident and nonresident groups may be imposed
as recommended by the Recreation Committee and adopted by ordinance
and/or resolution of the Township Committee.
(6)
The Township of Washington shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
A.
The Township of Washington, by and through its agents, officers,
officials and employees, shall, in connection with their duties imposed
by law, diligently enforce the provisions of this chapter.
B.
The Township of Washington, by and through its agents, officers,
officials and employees, shall have the authority to eject from the
park area any person or persons acting in violation of this chapter.
C.
The Township of Washington, by and through its agents, officers,
officials and employees, shall have the authority to seize and confiscate
any property, thing or device in the park or used in violation of
this chapter.
D.
This chapter shall be enforced by the Township of Washington Police
Department or their designee(s).
Township parks, playgrounds, and recreation areas shall be open to the public 1/2 hour before sunrise to 1/2 hour after sunset, except by special permit issued pursuant to § 93-4 of the Code.
Any persons violating any of the provisions of this chapter
or any rule or regulation promulgated pursuant hereto shall be ejected
from the park, and upon conviction, shall be subject to the replacement,
repair or restoration of any damaged park property and shall be subject
to a fine not exceeding $5,000 or imprisonment for a term not exceeding
90 days, or community service for a term not to exceed 90 days.
