This article is enacted to provide for the protection,
care and control of public parks and recreation areas in the Borough
and to regulate the conduct of persons using such facilities.
PARK
Includes all public parks, playgrounds, recreation areas
and other facilities within the Borough and under the ownership of
the Borough or under the control and supervision of the Mayor and
Council of the Borough.
SPECIAL EVENTS
Any activity or event conducted, sponsored or organized by
a group other than the Borough Recreation Committee.
[Amended 4-17-1984 by Ord. No. 84-10-876]
Permits shall be required for special events
as follows:
A. The person or persons seeking issuance of such a permit
shall file an application, in writing, with the Mayor and Council
of the Borough of Cresskill 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 and the hours for which the permit is desired.
(4) The park and portion thereof for which such permit
is desired.
(5) A reliable estimate of the anticipated attendance.
(6) The type of activity for which such permit is desired.
(7) The anticipated age group of the expected participants.
(8) The names and addresses of the adult persons who would
supervise and be responsible for the proposed activity.
(9) Such other information as may be reasonably required.
B. Issuance of a permit shall be made by the Mayor and
Council of the Borough of Cresskill based on the following criteria
and may contain special conditions as appropriate:
(1) That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2) That the nature and character of the proposed activity
or use of the park is not reasonably anticipated to incite violence,
crime or disorderly conduct.
(3) That the proposed activity or use of the park will
not entail extraordinary or burdensome expense of police operation
by the Borough.
(4) That the park area or facility desired has not been
reserved for other use at the date and hour desired in the application,
and that it does not conflict with any other activity of the Borough
Recreation Committee.
[Amended 4-17-1984 by Ord. No. 84-10-876]
Any person aggrieved by the issuance or nonissuance
of a permit may appeal the decision to the Mayor and Council of the
Borough of Cresskill within 10 days from issuance of the permit or
rejection of the application.
The person or persons to whom any permit is
issued hereunder shall be fully liable for any and all loss, damage
or injury sustained by any person whatever by reason of the willful
misconduct or negligence of the person, persons or one of them to
whom such permit shall have been issued.
All persons obtaining a permit shall, in all
respects, be required to observe the conditions of this article and
any regulations promulgated pursuant hereto, as well as any special
conditions contained in the permit.
[Amended 1-1-1981 by Ord. No. 80-23-780; 8-10-2022 by Ord. No. 22-11-1593]
A. It is determined that any entity or individual who has obtained a
valid permit and is observed violating a park's rules or regulations,
or violating a Borough ordinance, shall have their permit immediately
revoked by either the Parks and Recreation Department or Department
of Public Works or Police Department.
B. Violators and each respective violator are subject to the issuance
of municipal summonses.
C. Permits are non-assignable and/or -transferable.
D. The Parks and Recreation Department may reject any park application
for profit entities, including but not limited to:
(1) Private lessons of five people or more;
(2) Unaffiliated non-IRS § 501(C)(3) entities;
E. Any person or entity who violates any provision of §
192-3, General use, of this chapter shall, upon conviction, be punished by a fine less than $500 for each offence, with the fine increasing for subsequent offences not to exceed $2,500 per offence. Each conviction shall be deemed a separate offence for the purpose of sentencing, or by imprisonment for a term not to exceed 90 days, or both. The persons deemed in violation of this §
192-3, General use, Subsection
C, shall be the private sports training companies' or individual's entities and/or their respective officers, with the highest-ranking officer or the registered agent of the entity being responsible for the actions of the company; and/or the parents and/or guardians of the minors enrolled in the programs; and/or the persons 18 years or older enrolled in the program(s).