[1991 Code § 157-1; 1991 Code § 157-2; Ord. No. 1997-1]
A. 
Prohibited Acts. While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall:
(1) 
Possess or consume any type of alcoholic beverage except while attending an organization function for which the sponsoring organization shall have applied for and received from the Parks and Recreation Commission a special permit. Every such permit approved and issued shall be specifically contingent upon the applicant securing all necessary permits required by the New Jersey Division of Alcoholic Beverage Control and the insurance regulations of the Borough. For the purposes of this subsection, "organization" shall mean any charitable, benevolent or fraternal association, whether incorporated or unincorporated.
(2) 
Have in their possession or control or set or otherwise cause to explode or discharge or burn any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with another substance or compound, would be dangerous from any of the foregoing standpoints.
(3) 
Bring a dog or other domestic animal into those areas where such animals are permitted, unless such animal is restrained at all times on an adequate leash not greater than six feet in length.
(4) 
Fail to immediately and properly dispose of their pet's solid waste. This Subsection (4) shall not apply to any owner or keeper who requires the use of a disability assistance animal while such animal is being used for that purpose.
(5) 
Solicitations or contributions for any purpose, whether public or private, unless properly licensed or permitted by the Borough, are strictly forbidden.
(6) 
Build or attempt to build a fire. No person shall 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.
(7) 
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.
(8) 
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.
(9) 
Fail to produce and exhibit any permit from the Parks and Recreation Commission upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
(10) 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
(11) 
Expose or offer for sale any article or thing, nor shall be station or place any stand, cart or vehicle for the transportation, sale or display of any article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Parks and Recreation Commission and/or Borough.
(12) 
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 adjacent to a park, except in the manner and at those places which may be designated for that purpose by the Parks and Recreation Commission and/or Borough.
(13) 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings 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.
(14) 
Leave rest rooms and washrooms in less than a neat and sanitary condition.
(15) 
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.
(16) 
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.
(17) 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seed of an tree or plant dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
(18) 
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.
(19) 
Tie or hitch an animal to any tree or plant.
(20) 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, nor shall they remove or have in their possession the young of any wild animal or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly or poisonous or deadly reptiles may be killed on sight.
(21) 
Throw, discharge or otherwise place or cause to be placed in the water of any 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 will or may result in the pollution of the waters.
(22) 
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste garbage or 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 it 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.
(23) 
Operate any motor vehicle (exclusive of wheelchairs) on park property except passenger motorcars without prior permission of the Parks and Recreation Commission. All motor vehicle (exclusive of wheelchairs) driven on park property shall be driven only on paved roads and parking areas.
(24) 
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.
(25) 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
(26) 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
(27) 
Ride a bicycle on any area except those marked or otherwise designated specifically for bicycle riding.
(28) 
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.
(29) 
Except as provided for in § 9-1-5, 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 purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Parks and Recreation Commission upon a finding that such use of the water would be dangerous or otherwise inadvisable.
(30) 
Frequent any waters or places designated for the purposes of swimming or bathing or congregate thereat except between such hours of the day as shall be designated by the Parks and Recreation Commission for such purposes for which a permit shall be issued.
(31) 
Dress or undress 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.
(32) 
Bring into or operate any boat, raft or other watercraft upon any waters except at places designated for boating by the Parks and Recreation Commission. Such activity shall be during daylight hours only and in accordance with applicable regulations as are now or hereafter adopted. Electric Trolling motors are permitted for fishing in Peddie; no gas motors.
(33) 
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.
(34) 
Fish in any waters except in waters designated by the Parks and Recreation Commission for that use and under such regulations and restrictions as have been or may be prescribed by the Parks and Recreation Commission.
(35) 
Carry or possess firearms of any description or air rifles, knives, spring guns, bows 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. Shooting into park areas from beyond park boundaries is forbidden.
(36) 
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate those 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.
(37) 
Use such areas and facilities for an unreasonable time if the facilities are crowded.
(38) 
Leave a picnic area 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.
(39) 
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 house trailer, camp trailer, camp wagon or the like except in those areas designated by the Parks and Recreation Commission and posted for those purposes.
[1991 Code § 157-3]
A. 
With the exception of Memorial Park, and except for unusual and unforeseen emergencies or Borough use, parks shall be open to the public every day of the year between the hours of 1/2 hour before sunrise until 1/2 hour after sunset.
B. 
Memorial Park shall be open for passive recreation outside of daylight hours with all other rules and regulations still being applicable.
C. 
The opening and closing hours for each individual park shall be posted therein for public information.
[1991 Code § 157-4]
Any section or part of any Park may be declared closed to the public by the Parks and Recreation Commission and/or the Borough at any time and for any interval of time, either temporary or at regular and stated intervals, daily or otherwise, and either entirely or merely to certain uses, as the Parks and Recreation Commission and/or Borough shall find reasonably necessary.
[1991 Code § 157-5]
A. 
Permit Required. No group or organization of more than 25 people may use the facilities of any park for any event without having first obtained a special events permit. Permits for special events in parks shall be obtained by application to the Parks and Recreation Commission in accordance with the following procedure:
(1) 
A person seeking issuance of a permit hereunder shall file an application with the Borough Clerk prior to the intended day of use stating:
(a) 
The name and address of the applicant;
(b) 
The name and address of the person, persons, corporation, or association 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; and
(e) 
Any other information which the Commissioners shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(2) 
The application shall be accompanied by a check for $25 to cover the cost of processing the application and issuing the permit. Five dollars shall be refundable if the application is denied.
(3) 
Standards for issuance for a use permit by the Parks and Recreation Commission shall include the following findings:
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(b) 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(c) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime, or disorderly conduct;
(d) 
That the proposed activity will not entail expense for police operation by the Borough, all expenses incurred shall be the responsibility of the permit holder who shall apply for police coverage through a process that shall be included in the Park Use Permit Application process;
(e) 
The determination as to the need for police operation during the event, and to what extent it is required, shall be determined based on risk factor, traffic pattern changes, and expected attendance, and shall be regulated by the Chief of Police or his appointee.
(f) 
That the facilities desired have not been reserved for other use at the date and hour requested in the application; and,
(g) 
That any temporary structure for the event (tent, etc.) should be erected no more than 24 hours prior to the event and should be removed within 24 hours after the event.
(4) 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
(5) 
Liability for Losses.
(a) 
The person or persons to whom the permit is issued shall be liable for all loss, 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.
(b) 
The Commissioners shall require any permittee to provide as a condition of receiving a permit such guarantees as will reasonably ensure no loss to the public for the consequences of any act of the applicant(s) and also to require any applicant to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the Parks and Recreation Commission prior to the commencement of any activity or issuance of any permit. The Borough shall be listed as an additional insured on the evidence of liability insurance.
(6) 
Revocation. The Commissioners shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
No person, or group of persons, shall swim, bathe, stand, or wade in the waters of Peddie Lake at any point adjacent to land owned by the Borough, without having first obtained a swimming permit from the Parks and Recreation Commission. Swimming permits may be obtained for planned events in accordance with the following procedure:
A. 
A person seeking issuance of a swimming permit hereunder shall file an application with the Borough Clerk at least 30 days prior to the intended day of use stating:
(1) 
The name and address of the applicant;
(2) 
The name and address of the person, persons, corporation, or association sponsoring the activity, if any;
(3) 
The day(s) and hours for which the permit is desired;
(4) 
A safety plan that includes adequate safety personnel as determined by the Parks and Recreation Commission;
(5) 
Proof of insurance that indemnifies the Borough, its subdivisions (including, the Parks and Recreation Commission), its employees, its agents, its officials and its assigns; and,
(6) 
Any other information which the Commissioners shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
The application shall be accompanied by a check for $25 to cover the cost of processing the application and issuing the permit. Five dollars shall be refundable if the application is denied.
C. 
Standards for issuance for a use permit by the Parks and Recreation Commission shall include the following findings:
(1) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of Memorial Park;
(2) 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(3) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime, or disorderly conduct;
(4) 
That the proposed activity will not entail expense or police operation by the Borough, all expenses incurred are the responsibility of the permit holder;
(5) 
The determination as to the need for police operation during the event, and to what extent it is required, shall be determined by the Chief of Police, or his appointee, and shall be part of the Park Use Permit Application process.
(6) 
That Peddie Lake or Memorial Park have not been reserved for other use at the date and hour requested in the application; and,
(7) 
That any temporary structure for the event (tent, etc.) should be erected no more than 24 hours prior to the event and should be removed within 24 hours after the event.
D. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
E. 
Liability for Losses.
(1) 
The person or persons to whom the permit is issued shall be liable for all loss, 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.
(2) 
The Parks and Recreation Commission shall require any permittee to provide as a condition of receiving a permit such guarantees as will reasonably ensure no loss to the public for the consequences of any act of the applicant(s) and also to require any applicant to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the Commission prior to the commencement of any activity or issuance of any permit. The Borough shall be listed as an additional insured on the evidence of liability insurance.
F. 
Revocation. The Commissioners, Police or Borough Council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
[1991 Code § 157-7]
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in the park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
[1991 Code § 157-6]
A. 
The Parks and Recreation Commission, and/or the designee of the Mayor and Council shall, in connection with their duties imposed by law, diligently enforce the provisions of these rules and regulations.
B. 
These rules and regulations shall also be enforced by the Police Department of the Borough.
[1991 Code § 157-8; Ord. No. 1997-1]
Any person violating any of the provisions of these rules and regulations or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to the penalty as stated in Chapter 1, Article 1-5, of the Revised General Ordinances of the Borough of Hightstown.