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.
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.
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.
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.
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.
No person shall drive, park, stop or stand any motorized or wheeled vehicles, including bicycles, scooters or skateboards, on any area of the property, including paths and trails, with the exception of those individuals exempt in §
200-16, above.
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.
No person shall light or smoke any cigar, cigarette or pipe
or strike a match or use a lighter at any time on the property.
No person shall have brought alcoholic beverages nor shall any
person consume alcoholic beverages at any time on the property.
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.
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.