This article shall regulate activity and conduct in the Emerson Woods Preserve (Block 13.01, Lot 3.04) for the following purposes:
A. 
The preservation and protection of natural open space, including woodlands and wetlands.
B. 
The protection of our water supply, through the reduction of litter and non-point-source pollution.
C. 
The preservation of native and wild plant species, including trees, shrubs and wildflowers, and the protection of native and wild animal species.
D. 
The maintenance of the property for passive recreation and the health, safety and enjoyment of visitors, and for nature education programs.
E. 
The protection of Borough property, such as structures, utilities and signs.
F. 
The protection and preservation of adjoining deed-restricted open space.
G. 
To help maintain the peace and privacy of adjacent property owners and the value of their properties.
H. 
To meet all the standards and requirements set forth by the state's Green Acres program and its Bureau of Compliance and Stewardship, and the Deed of Conservation Restriction imposed by the county.
As used in this article, the following terms shall have the meanings indicated:
ADULT
Any person 18 years of age or older.
ANIMAL LITTER
All fecal matter and excrement issuing from dogs and other domestic animals.
BOROUGH
The Borough of Emerson.
COUNTY
The County of Bergen.
DITCH
A linear topographic depression with bed and banks of human construction which conveys water to and from a site.
DOMESTIC ANIMAL
Any tamed animal, such as a dog or cat, which normally depends on humans for food, shelter and care.
ENVIRONMENTAL COMMISSION
The Environmental Commission of the Borough of Emerson.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HABITAT
Any natural area that provides food, shelter, breeding or nesting for wild animal species.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof.
MOTORIZED VEHICLE
Any motor-powered conveyance, including but not limited to cars, trucks, motorbikes, motorcycles, motorized carts and snowmobiles.
NATIVE
Describing a plant or animal species having originated, growing or living naturally in a particular region.
NATURALIZED
Describing a plant or animal species which has successfully adapted to an area in which it did not originally occur.
OPEN SPACE
Any undeveloped parcel of land, including farms, ball fields, watersheds and forests, generally used for the purposes of conservation, recreation or agriculture.
PASSIVE RECREATION
Any nonactive and generally noncompetitive activity, such as walking, hiking, jogging and bird-watching, which does not involve the use of thrown or propelled objects, like balls, disks or darts.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
SHADE TREE COMMISSION
The Shade Tree Commission of the Borough of Emerson.
STATE
The State of New Jersey.
STREAM
A natural watercourse containing flowing water for at least part of the year.
STRUCTURE
Any combination of materials forming any construction.
TAMED ANIMAL
Any animal typically found living in wild areas, but which has been fed and cared for by humans.
WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions, including but not limited to streams, ditches, ponds, swamps and swales.
WHEELED VEHICLE
Any conveyance with wheels, motorized or nonmotorized, including bicycles, scooters and skateboards.
WILD ANIMAL
Any animal found living in natural areas which is not sustained by the care and feeding of humans.
WOODLAND
A natural area characterized by a dense growth of trees and underbrush and which usually provides animal habitat.
A. 
The Environmental Commission shall, subject to the continuing approval of the Council and, where required, the Borough's Shade Tree Commission, have exclusive control of the property, Block 13.01, Lot 3.04, known as the "Emerson Woods Preserve" (hereafter "the property"), its use, maintenance and restoration, and may adopt suitable rules and regulations for the use thereof and the conduct of all persons while on or using same.
B. 
The Environmental Commission shall make an annual assessment of the property, prior to December 1 of each year, including but not limited to the condition of trails, trees, watercourses and natural areas, the prevalence of garbage and litter, and the condition of signs, benches and other structures, and shall report its findings in written form to the Mayor and Council. Said report may also include recommendations for restoring and improving the condition of the property, including features to enhance the passive enjoyment of the property, and the approximate costs of doing same.
C. 
The Environmental Commission shall have the following powers, pursuant to their role expressed in Subsection A above:
(1) 
Regular monitoring and assessment of the property's condition in such a way that disturbance of plants, trees, shrubs, woodlands, wetlands and wildlife habitat is minimized.
(2) 
Sponsoring, organizing and engaging in cleanups of the property for the purpose of removing garbage and litter, including off-trail activity, provided the activity is done in such a way that disturbance of natural areas is minimized.
(3) 
The placement or replacement of markers, signs, notices, placards, etc., anywhere on the property, provided such placement or replacement is done in such a way that disturbance of plants, trees, shrubs, and natural areas is minimized.
(4) 
The eradication of nonnative or invasive native plant species and the restoration of native plant species, provided such eradication and/or restoration is done in such a way that remaining native plants, shrubs and trees, woodlands, wetlands and wildlife habitat shall not be adversely affected.
(5) 
Sponsoring, organizing and directing educational programs, such as nature walks and bird-watching, and the printing, posting, providing and disseminating of booklets, maps and other information for said purpose.
A. 
Any decision by the Environmental Commission or any other municipal official to remove, prune or plant a tree or trees on the property shall be subject to the approval of the Borough's Shade Tree Commission, which has exclusive control over the care and planting of all trees on Borough property.
B. 
No section or subsection of this article shall be interpreted to deny the Borough's Shade Tree Commission of its powers or responsibilities as expressed in Chapter 89 or Chapter 266 of the Borough Code. However, the stated purpose of holding this property for conservation, watershed protection and wildlife habitat, shall be duly recognized by the Shade Tree Commission, which shall consult the Environmental Commission prior to any decision to remove, prune or plant a tree on the property, unless public safety requires immediate removal, in which case notification of the Environmental Commission afterward shall suffice.
C. 
Removal or pruning of trees on the property, whether by the Borough's Department of Municipal Services or a contractor hired to do such work, shall be done in such a way that disturbance of plants, trees, shrubs, animals and animal habitat is minimized.
No provision of this article shall make unlawful any act necessarily performed by an officer or employee of the Borough of Emerson, County of Bergen or State of New Jersey in the line of his or her duty or work as such or by a public utility worker or by any person, his or her agent, or employees, in the proper and necessary execution of the terms of any agreement with the Borough of Emerson, County of Bergen or State of New Jersey. However, any such duty or work shall be executed in such a way that disturbance of the property, including plants, trees, shrubs, woodland, wetlands and trails, is minimized.
A. 
Access to the property shall be limited to cleared paths and trails. No person shall enter a swamp, ditch, stream, woodland or other natural area without the expressed permission of one of the following: the Borough's governing body, Environmental Commission, Police Department, Borough Administrator, Shade Tree Commission, Code Enforcement Officer, or Department of Municipal Services Superintendent.
B. 
No person shall enter onto private property or restricted areas from public property nor willfully disturb the peace and quiet of owners and residents of adjacent private properties.
A. 
No person shall do any of the following without the expressed permission of the Borough's governing body, Environmental Commission, Shade Tree Commission, Police Department, Borough Administrator or Borough Engineer:
(1) 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any bridge, public utility or part or appurtenance thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker or other structure or equipment, facility or appurtenance whatsoever, either real or personal;
(2) 
Dig in, regrade or damage in any way any path, trail or access road;
(3) 
Dig or remove any soil, rock, stones, trees, bushes or plants, down timber or other wood or material 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 in character, or run or string any public service utility into, upon or across the property;
(5) 
Damage, cut, carve, treat with chemicals, transplant or remove any tree or plant or willfully injure the bark or roots or pick the stems, flowers, fruit or leaves of any tree or plant; nor attach any rope, wire or other contrivance to any tree or plant, nor dig in or otherwise disturb any stream, stream bank, ditch, swamp, woodland or grassy area nor impair the natural beauty or usefulness of any area;
(6) 
Climb any tree or walk, stand or sit upon signs, railings, fences, monuments, markers or upon any other property not designated or customarily used for such purposes;
(7) 
Plant any tree, bush or plant, or disperse or plant any seeds.
B. 
No person shall throw, discharge or otherwise place or cause to be placed in any pond, swamp, stream, ditch or storm sewer or drain or along the banks of such waters, any substances, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
C. 
No person shall have brought in or dump, deposit or leave on the property any bottles, cans, broken glass, ashes, paper, boxes, dirt, dead animals, leaves, clippings, wood, rubbish, waste, garbage, refuse or other trash. Such refuse or trash shall not be placed in any waters in or contiguous to the property but shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
D. 
No person shall use any part of the property for the purpose of eliminating bodily waste.
All activities shall be limited to passive recreation only. No person shall fly kites or model airplanes or take part in the playing of any games involving thrown or otherwise propelled objects, such as balls, Frisbees, horseshoes, darts or arrows, or any gun-propelled objects, such as bee-bees, disks or paint balls.
A. 
All walking of dogs and domestic animals shall be restricted to trails and paths. No dog or domestic animal shall be permitted to enter any woodland, stream, ditch, pond, swamp or other natural area.
B. 
No person responsible for a dog or other domestic animal or animals shall allow said animal or animals to run at large. All dogs and other domestic animals in those areas where such animals are permitted shall be restrained at all times on adequate leashes of less than 10 feet in length.
C. 
No person responsible for a dog or other domestic animal or animals shall allow such animal or animals to damage or destroy any sign, stake, post, bench or other structure or equipment, facility or appurtenance whatsoever, either real or personal, or any tree, shrub or plant, or to chase, harass, harm or otherwise disturb any person, domestic animal or wild animal.
D. 
No person responsible for a dog or other domestic animal shall allow said animal to deposit any animal litter on the property without collecting such litter immediately after its deposit. Said person shall thereafter dispose of said litter off the property by placement in a sanitary sewer system or by placement in an appropriate disposal system manufactured for the purpose of animal litter disposal. The aforementioned restrictions shall not apply to Seeing Eye dogs or dogs specifically trained for the assistance of handicapped persons.
E. 
No person shall permanently or temporarily abandon any domestic or domesticated or tamed wild animal, including but not limited to dogs, cats, rabbits, hamsters, turtles, snakes and birds, anywhere on the property.
A. 
No person shall willfully kill, injure, harm, disturb, handle or remove any wild animal, including birds, fish, reptiles, amphibians, crustaceans, or butterflies, nor willfully destroy or disturb any nest, nesting area, shelter or habitat, including ponds, swamps and streams.
B. 
No person shall feed or provide food in any form, including fruit, bread or birdseed, for any wild animal, including but not limited to birds, squirrels, chipmunks and deer.
C. 
No person shall introduce any nonindigenous animal species to the property that is not native or naturalized to the wildlands and watersheds adjacent to the Oradell Reservoir.
A. 
No person shall build or attempt to build a fire or barbecue anywhere on the property.
B. 
No person shall bring or have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers or other fireworks or explosives or flammable materials or discharge them or throw them into any such area of the property from land or highway adjacent thereto.
C. 
No person shall burn any materials whatsoever, including but not limited to matches, flares, candles and paper.
A. 
No person shall sleep or protractedly lounge on benches or other areas or engage in threatening, abusive or insulting or indecent language or engage in any disorderly conduct or behavior that would deprive any other person of legitimate and peaceful use of the property.
B. 
No person shall engage in the playing of radios, CD players or other electronic audio devices, not including cell phones or walkie-talkies, without the proper use of headphones or earphones.
No child or children under the age of 12 shall be permitted entry to the property unless accompanied by an adult, who shall be responsible for his, her or their behavior while on the property.
No person in the Emerson Woods Preserve shall:
A. 
Expose or offer for sale any food, article or thing, nor shall be/she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing;
B. 
Announce, advertise or call the public attention in any way to any article or service for sale or hire;
C. 
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 the property.
Except for unusual and unforeseen emergencies, such as fires, floods and storms, the Emerson Woods Preserve shall be open to the public, resident or nonresident, from Sunday through Saturday, sunup to sundown, after which no person shall remain on the property. Municipal county and state officials, public utility workers or individuals hired by the state, county or Borough of Emerson may remain on the property in the execution of their duties or work.
A. 
A permit shall be required to be obtained from the Borough Clerk or Borough Administrator for any organized activities, not sponsored by the Environmental Commission or other municipal department, to be held on the property by more than 10 people.
B. 
A person seeking issuance of permit hereunder shall file an application with the Borough Clerk or Borough Administrator. The application shall state:
(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) 
A description of the activity;
(4) 
The day and hours for which the permit is desired;
(5) 
An estimate of the anticipated attendance;
(6) 
Any other information which the Borough Clerk or Borough Administrator shall find reasonably necessary to make a fair determination as to whether a permit should issue hereunder.
C. 
The Borough Administrator or Borough Clerk shall notify the Environmental Commission when an application has been filed for use of the property and thereafter issue a permit hereunder when he/she finds that:
(1) 
The proposed activity will not unreasonably interfere with or detract from the general enjoyment of the property by other visitors.
(2) 
The proposed activity will not unreasonably interfere with or detract from the promotion of public health, safety and welfare;
(3) 
The proposed activity will not harm or unreasonably disturb natural areas, wildlife habitat or wild animals;
(4) 
The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the Borough;
(5) 
The property has not been reserved for other use at the day and hour requested in the application.
(6) 
The proposed activity will not violate any of the provisions of this article.
D. 
A permittee shall be bound by all property rules and regulations and all applicable ordinances fully as though the same were inserted in said permit(s).
E. 
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
F. 
The Borough Administrator or Borough Clerk shall have the authority to revoke a permit upon finding of violation of any rule or regulation or ordinance or upon good cause.
G. 
There shall be no fee for the application or permit.
A. 
All municipal officials, including but not limited to police officers, shall diligently enforce the provisions of this article.
B. 
Officers of the Emerson Police Department or any other municipal official, including members of the Environmental Commission, shall have the authority to eject from the Emerson Woods Preserve any person acting in violation of this article.
Any person convicted of a violation of this article shall be liable to a penalty of not more than $1,000 or imprisonment for a term not exceeding 90 days or of a period of community service not exceeding 25 hours, total, or any combination thereof.