The purpose of this chapter is to permit and regulate passive access to Hawk Island while prohibiting such activity and conduct that is detrimental to public health and safety and the environment. Hawk Island consists of Block 2300, Lots 1, 2, 3, 4, 5, 7, 9, and 10.
[HISTORY: Adopted by the Township Committee of the Township of Delanco 8-5-2024 by Ord. No. 2024-19.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 193, Hawk Island, adopted 9-10-1979 by Ord. No. 10-1979 (Ch. 66 of the 1971 Code), as amended 1-19-1998 by Ord. No. 1-1998.
The lots that make up Hawk Island are a mix of Township, state and private interests, the latter of which involve clouded titles due to state tideland claims and Township tax lien claims. The lots that appear to still be in private ownership are not being managed, posted, or otherwise attended to by the owners.
All property on Hawk Island, unless otherwise marked and signed by the property owner of each lot, shall be open to passive access, including walking, hiking, running, biking, and fishing from dawn to dusk. During nighttime hours, Hawk Island shall be closed and any activity occurring therein shall be a violation of this chapter. Such activity shall be confined to existing trail systems and established beaches that have evolved on the island over the years. The Township did not design or create these trail systems, and no maintenance of the trail system will be undertaken by the Township. Users of the trail systems may do so at their own risk. The Township will only enforce trespassing on Hawk Island for those property owners that actively post their respective lots with "No Trespassing" signage. Entry to Hawk Island shall be at one's own risk.
[Amended 9-9-2024 by Ord. No. 2024-22]
A.
There is hereby established a speed limit of 10 miles per hour for any municipal or authorized vehicles. No private vehicle access is permitted.
B.
No person shall possess or consume alcoholic beverages, cannabis products, drugs, drug paraphernalia or narcotics within the property, nor shall any person be permitted on the property under the influence of intoxicating beverages, drugs, or narcotics. Tobacco use is not permitted on the property.
C.
Visitors/users must obey all posted regulations. Use of Hawk Island is done at the visitor's/user's own risk. All visitors/users shall comply with all applicable laws with regard to the activities they are conducting on the property.
D.
Other than authorized governmental entity use, no person shall use any portion of the property for motorized travel. The use of ATVs, motorcycles, other motorized off-road vehicles, gas or electric-powered, on the property is strictly prohibited.
E.
No equipment may be used and/or activity be permitted to be conducted in such a manner as to create a public safety hazard and/or nuisance.
F.
Metal detecting is not permitted as some of the lots are under private title.
G.
There shall be no commercial uses of the property except as permitted in writing or by formal action of the Township Committee. Other than by property owners, no signs or notices may be posted, nor advertisements distributed, nor shall there be any begging, soliciting, selling or attempts to commit such acts, without the written permission of the Township Committee.
H.
No person shall engage in any behavior, conduct, noisemaking or use of language which disrupts, interferes with, is unduly annoying to or prevents the enjoyment or maintenance of the property by other visitors or municipal personnel. No public address/loudspeaker systems may be used without written permission or formal action from the Township Committee.
I.
No person shall block, obstruct or interfere with vehicular or pedestrian traffic on any road, parking area, trail, walkway, pathway or common area which interferes with its intended use by visitors or municipal personnel. There is no designated parking area for Hawk Island.
J.
All persons shall be clothed sufficiently to conform with commonly accepted standards of dress or recreational wearing apparel. No person shall change clothes or disrobe on the property. All public urination and defecation is prohibited.
K.
Dogs and cats must be kept on a physical leash up to six feet in length and under the owner's control at all times. No domestic animal shall be permitted to run at large, either with or without a keeper. Keepers of dogs and cats must promptly clean up, remove, and properly dispose of their animals' excrement discharged on the property. Other than dogs and cats, no other animals, including horses, are permitted on the property.
L.
Animal owners shall be responsible for their animal's behavior and shall remain strictly liable for any nuisance, noise, damage or injury caused by their animal.
M.
No animal, reptile or bird, wild or domestic, may be released onto or into the property. Only licensed wildlife rehabilitators, after receiving written permission from the Township Committee, shall release wildlife within or into the property. Exotic, non-native species are strictly prohibited. No animal, reptile or bird may be fed, disturbed, or taken from the property.
N.
No person shall plant, pick, dig, mutilate, injure, destroy or remove any vegetation, soil or water from the property without written authorization to do so.
O.
Visitors/users shall confine their activity to the established trails and are prohibited from using the property off-trail.
P.
No fireworks, open flame or fires are permitted on the property, unless special permission is requested from the Township Committee and the Fire Official in writing or by official action. The Township reserves the right to require insurance coverage in the event a fire is permitted on the property.
Q.
Visitors/users shall not use the property as a boat, canoe or kayak launch. Visitors/users are prohibited from swimming, diving, or jumping in the Delaware River or Rancocas Creek off the property or on any other body of water or creek on the property. No ice skating is permitted on the property.
R.
No firearms, bows or the like are permitted to be possessed or used on any Township property. No hunting or trapping is permitted on the Township property. State property shall be governed by state rules and regulations on hunting and trapping. No paintball guns or activity is permitted on the property. No discharge of weapons or firearms within Township property is permitted, including, but not limited to, air guns, gel blaster guns of any kind, bows, arrows, slingshots, blank guns or any other weapon that is capable of injuring persons or wildlife.
S.
Visitors/users shall not litter, deface or otherwise damage the property. If any food or other items are carried into Hawk Island, all remaining food, trash or waste shall be carried out of Hawk Island. Visitors/users shall abide by "pack in/pack out" and "leave no trace" principles.
T.
No person shall bring any of the following onto Hawk Island: tents, canopies, beach umbrellas, coolers of any size, grills, crock pots, generators, and propane tanks of any size.
U.
No person shall bring onto Hawk Island any glass of any kind, including bottles, jars, containers or the like.
Any person, entity, or corporation violating the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in § 1-14 of the Delanco Township Code.