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.
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.
Any activity or event conducted, sponsored or organized by
a group other than the Borough Recreation Committee.
A.
The parks are for the enjoyment of Cresskill residents and guests for any proper purpose, subject to the restrictions set forth in this article and Article II of this chapter.
B.
The use of parks by any person or persons shall be
subject to the prior right of use by the Borough Recreation Committee
while engaged in actual conduct of its recreational programs.
C.
All parks and open space municipal properties shall not be utilized by any private sports training companies or individuals who are tutoring or training any person or persons unless the following conditions, as enumerated in § 192-3D, are satisfied.
[Added 8-10-2022 by Ord. No. 22-11-1593]
D.
The parks
and open space municipal properties will be available for use by private
sports training companies or individuals upon meeting the following
criteria:
[Added 8-10-2022 by Ord. No. 22-11-1593]
(1)
Completion of an application form, and approval from the Recreation
Department.
(2)
Submission of an insurance certificate naming the Borough of Cresskill
as an insured, with coverage subject to the JIF requirements, but
in any event not less than $1,000,000 per occurrence (personal or
property damages) for an aggregate of $1,000,000.
(3)
List of all trainees, their parents or guardians, and respective
addresses, who are participating in the private sports training company's
or individual's activities.
(4)
Indemnity and hold harmless agreements between the private sports
training company's principals, individuals, the trainees and
their respective parents or guardians holding the Borough of Cresskill
harmless from any and all injury which may occur during the use of
the municipal parks and/or open space municipal properties.
(5)
Permits.
(a)
Permit fee of $250 per each respective use of the park;
(b)
Permits shall be valid for 60 days and are required to renew
as needed;
(c)
All IRS § 501(C)(3) recognized companies shall be
exempt from permit fees;
(d)
All permits shall be on a daily basis;
(e)
Permits shall be issued in the reasonable discretion of the
Parks Department. If any individual or company is denied a permit,
they shall appeal the Parks and Recreation Department decision to
the Borough Administrator whose judgment is final.
[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.
A.
Park hours. Except for emergencies or other special
reason, the various parks in the Borough shall be open to the public
every day of the year during designated hours. The opening and closing
hours for each individual park shall be posted therein and in the
Borough Hall for public information and shall be determined, from
time to time, by resolution of the Mayor and Council. If no opening
or closing hours are established and posted as herein provided, parks
shall be open from 8:00 a.m. until 10:00 p.m., except those parks
which are publicly lighted, which shall open at 8:00 a.m. and close
15 minutes after the lights go out.
[Amended 9-5-2012 by Ord. No. 12-12-1434]
B.
Maintenance of parks shall be provided by the Borough
Department of Public Works.
C.
Any part or the whole of any park may be closed to
the public at any time and for such interval of time as may be reasonably
necessary in the public interest. Such closing shall be accomplished
by the posting of signs containing the word "Closed" and such other
information as may be reasonably required to inform the public.
[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.
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).
