[HISTORY: Adopted by the Township Council of the Township of West Milford as Sec. 5-14 of the 1976 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 57.
Alcoholic beverages — See Ch. 63.
Animals — See Ch. 71.
Bicycles, skates, skateboards and scooters — See Ch. 84.
Littering — See Ch. 208.
Noise — See Ch. 226.
Peddling and soliciting — See Ch. 263.
Tobacco use in public buildings, parks and recreation facilities — See Ch. 357.
Motor-driven and recreational vehicles — See Ch. 379.
For the purposes of this chapter, the following terms, phrases and words have the meanings given herein:
DIRECTOR
The Director of Parks and Recreation of the Township of West Milford.
[Amended 12-5-2007 by Ord. No. 2007-030]
OPEN SPACE AND RECREATION AREA
Any property owned or leased by the Township of West Milford which is either open space or utilized for active recreation purposes and which is open to the public either without charge or on a fee basis. The term includes but is not limited to open space, playgrounds, parks, ballfields, swimming areas, beaches, nature education facilities, and any paths, roadways, sidewalks and parking areas therein or adjacent thereto.
[Amended 9-17-2003 by Ord. No. 2003-39]
Except as otherwise posted, all open space and recreation areas shall open 1/2 hour before sunrise and shall close 1/2 hour after sunset. No person shall enter upon or remain within an open space and recreation area except during its hours of operation.
A. 
No person in an open space and recreation area shall damage, deface, cut, carve, transplant, remove any tree or plant or injure the bark, or pick the flowers, fruits, berries or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant.
B. 
No person in an open space and recreation area shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
C. 
No person shall excavate or remove any rock, soil, stone or sand from an open space and recreation area.
A. 
No person in an open space or recreation area shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or other public utilities or parts or appurtenances thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, or other structure or equipment, facilities or property or appurtenances whatsoever.
B. 
No person in an open space and recreation area shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character.
No person in an open space and recreation area shall:
A. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any open space and recreation area of any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters; or
B. 
Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any open space and recreation area, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the open space and recreation area by the person responsible for its presence, and properly disposed of elsewhere.
No person shall possess, use or consume any alcoholic beverage in an open space and recreation area except in accordance with the provisions of Ordinance No. 1979-26 of the Township of West Milford (Article I, Consumption in Public Places, of Chapter 63, Alcoholic Beverages, of the Code of the Township of West Milford), which regulates the possession and consumption of alcoholic beverages in public and semipublic places.
No person shall allow a dog, cat or other animal to run at large within an open space and recreation area. All such animals shall be restrained at all times on adequate leashes not greater than six feet in length. Horses shall be allowed only on trails and other areas designated for horseback riding.
A. 
Designated areas. No person shall swim, bathe or wade in any waters or waterways in or adjacent to an open space and recreation area, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are set forth herein or may be hereafter adopted. No person shall frequent any waters or places customarily designated for the purpose of bathing, or congregate thereat, when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable.
B. 
Bath houses. No person in an open space and recreation area shall dress or undress on any beach, or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
A. 
Designated areas. No person shall launch, land, use or operate any boat, canoe, raft or other watercraft in or on any waters within or adjacent to an open space and recreation area, unless such body of water shall have been designated by the Director for such purpose. Such activity shall be in accordance with regulations as have been or may hereafter be adopted. The launching or landing of boats, canoes, rafts or other watercraft shall be allowed only from areas so designated.
B. 
Operation of boats. No person shall navigate, operate, direct or handle any boat, canoe, raft or other watercraft in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat, canoe, raft or other watercraft.
No person shall fish in any waters, whether by the use of hook-and-line, net, trap, or other device, except in waters designated by the Director for that use and under such regulations and restrictions as have been or may hereafter be adopted.
The use of motor vehicles in open space and recreation areas shall be in accordance with Article II, Vehicles in Recreational Areas, of Chapter 379, Vehicles, Motor-Driven and Recreational, of the Code of the Township of West Milford.
No person shall have in his possession, use or discharge any firearm or weapon in an open space and recreation area.
No person shall ignite or attempt to ignite a fire within an open space and recreation area except in such areas and under such regulations as may be designated by the Director. No such fires shall be ignited or attempted to be ignited except in a camp stove or fireplace provided for that purpose.
A. 
Vending and peddling. No person in an open space and recreation area shall expose or offer for sale or hire any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of such article or thing. Exception is made as to any duly licensed concessionaire acting by and under the authority and regulation of the Council.
B. 
Advertising. No person in an open space and recreation area shall announce, advertise or call the public attention in any way to any article or service for sale or hire, or distribute circulars in connection therewith.
C. 
Signs. No person in an open space and recreation area shall paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.
[1]
Editor's Note: See also Ch. 263, Peddling and Soliciting; and Ch. 279, Printed Matter, Unsolicited.
No person in an open space and recreation area shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to cause a breach of the public peace. Noise shall be held to an acceptable level and shall comply with the provisions of Chapter 226, Noise, of the Code of the Township of West Milford.
[Amended 6-18-2003 by Ord. No. 2003-28]
A. 
All open space and recreation areas shall be open to the general public. The Council shall have the power to establish fees for use of a facility.
B. 
Ballfields and tennis courts. The use of ballfields and tennis courts shall be coordinated and regulated by the Director. Additional fees shall be established by the Director for use of ballfields and tennis courts in open space and recreation areas.
[1]
Editor's Note: See also Ch. 135, Fees and Costs.
A. 
General. No organized group shall use any open space and recreation area without a group use permit issued by the Director. Applications for permits shall be submitted not later than seven days before the proposed date of use. 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) 
The day and hours for which the permit is desired;
(4) 
The particular open space and recreation area for which the permit is desired;
(5) 
An estimate of the anticipated attendance;
(6) 
Any other information which the Director shall find to be reasonably necessary to a fair determination as to whether a permit shall be issued hereunder.
B. 
Standards for issuance. The Director shall issue a group use permit hereunder when he finds:
(1) 
That the proposed activity or use of the open space and recreation area will not reasonably interfere with or detract from the general public enjoyment of the facility.
(2) 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) 
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(4) 
That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or police operation by the Township of West Milford; and
(5) 
That the facilities desired have not been reserved for other use at the day and hour required in the application.
C. 
Fees and security deposits. The administrative fee set forth in Chapter 135, Fees and Costs, shall be charged for each group use permit. This shall be in addition to fees established by the Director for the use of ballfields and tennis courts as provided in § 256-17 of this chapter. A nonrefundable maintenance fee as set forth in Chapter 135, Fees and Costs, shall be charged for each group use permit that requires the opening, closing and/or cleaning of a facility. The Director may, for good cause, at the request of the applicant, waive the requirement for a group use permit and/or security deposit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Liability of permittee. The person or persons to whom a group use permit is issued shall be liable for any loss, damage or injury sustained by any person or by the Township of West Milford by reason of the negligence of the person or persons to whom such permit shall have been issued.
E. 
Revocation of permit. The Director shall have the authority to revoke a group use permit upon a finding of a violation of any provision of this chapter, or for good cause shown.
A. 
Officials. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Ejectment. The Director and any park attendant shall have the authority to eject from an open space and recreation area any person acting in violation of this chapter.
C. 
Seizure of property. The Director and any park attendant shall have the authority to seize and confiscate any property, thing or device in an open space and recreation area if the possession or use of such property, thing or device is prohibited by this chapter.
A. 
Any person who violates any provision of this chapter shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty, of the Code of the Township of West Milford.
B. 
In addition to the penalties hereinabove provided, the Municipal Court shall have the power to ban a violator from entering upon or using any open space and recreation area until the further order of the court, upon petition and for good cause shown.