Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 12-13-1971 by Ord. No. 28-71 (Art. 54 of the 1970 Revised Ordinances). Amendments noted where applicable.]
This chapter is enacted to establish rules and regulations for the protection, care and control of the public parks and playgrounds in the Borough and to regulate the conduct of persons on or within such parks and playgrounds or using the facilities thereof.
As used in this chapter, the following terms shall have the meanings indicated:
PARK
Includes all public parks, playground facilities and other recreational areas in the Borough of Madison.
A. 
No person shall injure, deface, displace, remove, alter, disturb, tamper with, damage or destroy any trees, shrubs, soil, grass, plant life or any structure, building, post, playground equipment, water fountain, railing, fence, bench, seat, table, platform, walkway, telephone or electric pole, wires, pipes or appurtenances or any other park or recreational equipment or facility, or any hydrant, water, storm or sewer drain, pipe, main, basin covering, manhole or any appendage or appurtenance thereof, or any sign, inscription, post or monument erected or marked for any lawful purpose; or injure or in any way interfere with the operation of any machinery or equipment used under the direction of the Borough or any of its departments, agencies or officials; or deface, destroy, alter, damage or tamper with any drive, path, walk, bridge, parking area or shelter; or take up, remove or carry away any asphalt, concrete, stone, rock, wood, gravel, clay or earth or make any excavation of any kind.
B. 
No person over the age of six years shall use the rest rooms and washrooms designated for the use by the opposite sex. Every person using the rest rooms and washrooms shall cooperate to maintain them in a neat and sanitary condition.
C. 
No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in nature, or run or string any public service utility lines into, upon or across any such lands, except upon written authorization of the Borough Council.
D. 
No person shall pick or remove the flowers, leaves or seeds of any plant or tree; nor shall any person attach any rope, wire or other contrivance to any tree or plant or park facility; nor shall any person in any other manner injure or impair the natural beauty or usefulness of any area.
E. 
No person shall climb any tree or walk, stand or sit upon monuments, statues, water fountains, railings or fences or upon any other property not designated or customarily used for such purposes.
F. 
No person shall tie or hitch any animal to any tree, plant, fence post or any other property in any area.
G. 
No person shall hunt, molest, kill, frighten, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove or molest the eggs or young of any animal, reptile or bird.
No person shall bring into, sell, buy, expose for sale, consume, use or give away any alcoholic beverage in any park.[1]
[1]
Editor's Note: For provisions pertaining to the public consumption of alcoholic beverages, see Ch. 56, Alcoholic Beverages, Art. VI.
No person shall bring into, sell, buy, expose for sale, use or give away any narcotic drug or any other drug prohibited by law.
No person shall kindle, build or maintain a fire within any park except in such areas as may be designated for that purpose. Only charcoal shall be used for cooking fires. No fire shall be left unattended and any fire shall be put out immediately after use.[1]
[1]
Editor's Note: For additional provisions pertaining to outdoor fires, see Ch. 101, Fire Prevention, § 101-7E.
No person shall take into, carry through, leave in or throw, cast, lay, drop or discharge into or upon, or suffer or permit any agent, employee or person in his or her charge to take into, carry through, leave in or throw, cast, lay, drop or discharge into or upon any park any ashes, cinders, paper, dirt, sand, oil, stone, brush, stumps or any other material, objects or rubbish of any kind, or sick, diseased or dead animals, organic refuse or other offensive matter, including, without limitation, swill, brine, urine, offal, fecal matter, garbage or rubbish. All rubbish, trash and garbage shall be placed in containers provided for that purpose.[1]
[1]
Editor's Note: For provisions pertaining to littering, see Ch. 120, Littering; Handbills; Brush and Trash; for provisions pertaining to garbage containers and the disposal of garbage, rubbish and refuse, see Ch. 228, Solid Waste.
No domestic animal shall be allowed to run at large on or within any park. Any person who takes a dog into any park shall comply with the provisions of Ch. 89, Dogs, of this Code, providing for the regulation of dogs in the Borough of Madison.
No person shall, in any park, play, engage or take part in any game or competitive sport for money or other valuable thing. This section shall not prohibit the awarding of prizes for performances in athletic contests or similar activities.
No person shall participate in acts of gambling or wagering in any park.
No person shall bring into any park or use in any park any rifle, shotgun, hand gun, air gun, knife, slingshot or other similar weapon or instrument.[1]
[1]
Editor's Note: See also Ch. 99, Firearms and Hunting.
No person shall take part in or abet the playing of archery or golf, except while under the supervision of qualified instructors approved by the Recreation Department.
The playing of rough or comparatively dangerous games, such as football, baseball and soccer, is prohibited, except on the fields and in the specific locations provided therefor.
No person shall have in his possession, set off or otherwise cause to explode or discharge any firecracker, torpedo, rocket or other fireworks or explosions of flammable materials.[1]
[1]
Editor's Note: See also Ch. 101, Fire Prevention, and in particular § 101-7D.
No person shall appear at any park in other than proper clothing, with the exception of the restricted bathing areas. "Properly clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover both the upper and lower portions of the body.
No person shall throw or propel any stone, stick, glass, metal or other hard or offensive object or substance in any park.
No person shall expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Recreation Department.[1]
[1]
Editor's Note: For provisions pertaining to the licensing and regulation of peddlers and solicitors generally, see Ch. 139, Peddling and Soliciting. For the licensing of mobile and temporary retail food establishments, see Ch. 209, Retail Food Establishments.
A. 
Except for unusual and unforeseen emergencies, parks 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 for public information and shall be determined, from time to time, by resolution of the Borough Council. If no opening or closing hours are established and posted as herein provided, the parks shall be open from sunrise to sunset.
B. 
Any part or the whole of any park may be declared closed to the public by the Recreation Department or the Borough Council at any time and for any interval of time, as it shall find reasonably necessary.
No person shall conduct himself in a disorderly or indecent manner, commit any indecent act or use profane, indecent or obscene language in any public park. No person shall unreasonably interfere with or disturb any other person in the use of any park.[1]
[1]
Editor's Note: See also Ch. 122, Loitering.
No person shall interfere with or fail to obey any police officer or parks and playground personnel in the proper performance of their duties in any park.
No person shall park a vehicle in other than an established or designated parking area. Such use shall be in accordance with any posted directions and the directions of any attendant who may be present. In addition, no person shall leave a vehicle unattended or parked at night, between the hours of 9:00 p.m. and 7:00 a.m. anywhere in any park.[1]
[1]
Editor's Note: For provisions pertaining to parking on Borough streets generally, see Ch. 185, Vehicles and Traffic. For the regulation of Borough parking lots, see Ch. 134, Parking Lots.
No person shall swim, fish, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters or waterways provided for that purpose, if any.
No person shall cast, lay, drop or discharge into or leave in the waters or waterways of any park any substance, matter or thing, liquid or solid.
No person shall be permitted to ride a bicycle on other than a paved vehicular road or path designated for that purpose in any park. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
No animals or wild life shall be brought into any park, except domestic pets subject to the limitations referred to in § 136-8 hereof. Without limitation of the foregoing, no person shall ride or drive in or bring any horse into any park.
No person shall use roller skates in any park, except at such times and upon such places as may be provided for that purpose.
No person shall drive, operate, use or bring into any park any motorbike, minibike, motorcycle or any other motor vehicle, except for duly licensed vehicles and then only in areas, if any, designated for the parking or operation of such vehicles.
No persons shall coast with hand sleds, wagons or other vehicles on wheels or runners in any park, except at such places as may be provided for that purpose.
No person shall solicit alms or contributions for any purpose in any park.[1]
[1]
Editor's Note: See also Ch. 139, Peddling and Soliciting.
No person shall post, exhibit or otherwise display any sign, poster or other advertising material in any park, except where authorized in connection with the issuance of permits for special events under § 136-32.[1] This section shall not apply to bulletin boards erected or maintained by the Borough or any of its departments or agencies.
[1]
Editor's Note: For provisions pertaining to the distribution of handbills, see Ch. 120, Littering; Handbills; Brush and Trash.
No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or on any highway, road or street abutting or contiguous thereto.
[Amended 7-8-1996 by Ord. No. 14-96; 7-14-2008 by Ord. No. 52-2008]
A. 
A "special event" is any event which is conducted sponsored or permitted by an individual or an organized group of persons and which involves any advance publicity or advertising by or from said group.
B. 
Permits for parades or special events on municipal property shall be obtained by application, in writing, to the Borough Clerk, in accordance with the following procedures:
(1) 
The person or group of persons seeking issuance of such permit shall file an application, in writing, signed by the applicant and all sponsors, with the Borough Clerk of the Borough of Madison, at least 60 days before the special event, stating:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(c) 
The day and the hours for which the permit is desired.
(d) 
The property and portion thereof for which such permit is desired.
(e) 
A reliable estimate of the anticipated attendance.
(f) 
The type and nature of activity for which such permit is desired.
(g) 
The anticipated age group of the expected participants.
(h) 
The names and addresses of the adult persons who would supervise and be responsible for the proposed activity. The ratio of adults shall be sufficient to properly supervise the anticipated participants.
(i) 
Such other information as may be reasonably required.
(j) 
Insurance certificate naming the Borough of Madison as additional insured as to the special event for bodily injury to any one person in the amount of $1,000,000 and any occurrence in the aggregate amount of $3,000,000 and for property damage for each occurrence in the aggregate amount of $5,000,000.
(k) 
An agreement, in writing, in a form approved by the Borough Attorney, whereby the applicant agrees to indemnify and save harmless the Borough of Madison, its officers, employees and agents, from any and all liability, expense, claim or damages resulting from the use of public lands.
(l) 
A contractual agreement with the Madison Police Department for paid police coverage during the time indicated in the permit.
(m) 
Proof of service of written notification of proposed dates and lands to be used for event activities to any and all tenants and property owners who will be directly affected by the event and its site location, such notification to take place at least three business days prior to the requested event date, with proofs submitted to the Borough Clerk prior to issuance of the permit.
(n) 
A written approval from the Madison Police Department authorizing issuance of the permit and providing any traffic control requirements and public safety conditions.
(o) 
Event fees made payable to "Borough of Madison" commercial applicants: $100 application fee; nonprofit applicants: $25 application fee; the posting of a cash bond of $500 or maintenance bond of $1,000 running in favor of the Borough and protecting and insuring that the location utilized will be left after the event in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Borough ordinances, rules and regulations will be followed; within two business days of the completion of the event, the Borough will return the bond if there has been no damage to public property or public expense caused by the event; bona fide educational institution for noncommercial use: fees waived.
(p) 
If any services are required by employees from Borough Departments, the cost of such employees is to be borne by the applicant as a cost of the event. The hourly rate for outside duty will be provided upon request by the Borough Administrator and will be billed to applicant.
(2) 
A permit shall be issued by the Borough Clerk in consultation with the appropriate department head and Business Administrator and approval by the governing body upon the recommendation of the Business Administrator, provided that a permit for use of the Hartley Dodge Memorial may only be issued upon approval of the governing body, and for all permits on all properties after making the following findings:
[Amended 5-23-2011 by Ord. No. 18-2011]
(a) 
That the proposed activity or use of the municipal property will not unreasonably interfere with or detract from the general public enjoyment of the subject property.
(b) 
That the nature and character of the proposed activity or use of the property is not reasonably anticipated to incite violence, crime or disorderly conduct.
(c) 
That the proposed activity or use of the property will not entail extraordinary or burdensome expense on the public safety operations of the Borough.
(d) 
That the property or facility desired has not been reserved for other use at the date and hour desired in the application.
(e) 
That all conditions on the special event permit application as to insurance, security, indemnification, fees and bonding have been satisfied.
(f) 
The Borough reserves the right to waive any and all conditions or to reject the application in their sole discretion.
(g) 
Cosponsorship of any special event as defined herein shall require specific prior written approval of the governing body.
(h) 
Such other reasonable conditions as may be required by the municipality.
(i) 
The requirements for obtaining a permit under this chapter shall not relieve any person or group of persons from obtaining such further permits or approvals as may be required now or in the future by reason of any state or federal law.
C. 
The Borough Council may delegate its authority for the enforcement of this permit and the conditions relating thereto to the Chief of Police or any other responsible official. A violation of any condition of the permit shall be cause for immediate revocation of the permit by the Borough Council or by its duly authorized agent.
D. 
For the Madison Community Arts Center, a permit shall be issued by the Director of Business Development in consultation with the appropriate department head and Business Administrator for use of the Madison Community Arts Center.
[Added 10-10-2018 by Ord. No. 47-2018]
(1) 
See application for rate schedule.
(2) 
$250 fee for use of the exterior space. Intent must be noted at time of application.
(3) 
$150 fee for service/consumption of alcoholic beverages, and proof of insurance specifically covering the consumption of alcoholic beverages is required.
A. 
A permit shall be required for the use of shelter areas for any proper purpose.
(1) 
Such permit shall be issued, by the Chief of Police or Acting Chief of Police or, in their absence, a Captain of Police, to any responsible group of persons, at least two of whom shall be adults over 21 years of age, upon receipt of a written request therefor, including an acknowledgment of responsibility in a form prescribed by the Borough Council and a deposit of $15 for keys.
(2) 
Shelter areas shall be available during park hours as herein prescribed.
(3) 
The Chief of Police may withhold permits if, in his discretion, he finds that:
(a) 
The proposed use of the shelter is reasonably anticipated to incite violence, crime or disorderly conduct.
(b) 
The proposed use will unreasonably interfere with or detract from the general public enjoyment of the park.
(c) 
The proposed use will entail extraordinary or burdensome expense of police operation by the Borough.
(d) 
The shelter area desired has been reserved for other use at the date and hour requested.
B. 
Issuance of permit; appeals.
(1) 
Within five days after receipt of a written application for the permit provided for herein, the Chief of Police, or the issuing officer, shall apprise the applicant, in writing, of his reasons for refusing a permit, and any aggrieved person or group of persons shall have the right to appeal, in writing, within 10 days to the Borough Council, which shall consider the application under the standards and procedures set forth in § 136-32B and sustain or overrule the decision of the Chief of Police within 10 days from the date of the filing of the appeal with the Borough Clerk.
(2) 
If the decision of the Chief of Police is sustained on appeal, the reasons for the refusal of the permit shall be set forth in writing. If the decision of the Chief of Police is overruled and a permit granted, the Council may attach reasonable conditions to the issuance of such a permit, consistent with this chapter.
C. 
The Council may delegate its authority for the enforcement of this permit and the conditions relating thereto to the Chief of Police or any other responsible official. A violation of any condition of the permit shall be cause for immediate revocation of the permit by the Borough Council or by its duly authorized agent.
D. 
The requirements for obtaining a permit under this chapter shall not relieve any person or group of persons from obtaining such further permits or approvals as may be required now or in the future by reason of any state or federal law.
The person or persons to whom a permit is issued under this chapter shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.
[Added 11-12-1984 by Ord. No. 42-84]
A. 
All groups or organizations using the Memorial Park soccer field, excluding Borough recreation programs, shall pay a use fee as follows:
[Amended 8-11-2003 by Ord. No. 37-2003]
(1) 
Madison groups or organization.
(a) 
Use of field with no lights: $25 per use.
(b) 
Use of field with lights: $50 per use.
(2) 
Non-Madison groups or organizations.
(a) 
Use of field with no lights: $40 per use.
(b) 
Use of field with lights: $75 per use.
B. 
All groups or organizations using the skating area or baseball fields at Memorial Park or using other Borough playing fields, excluding Borough recreation programs, shall pay a use fee as follows:
[Amended 8-11-2003 by Ord. No. 37-2003]
(1) 
Madison groups or organizations.
(a) 
Use of field with no lights: $15.
(b) 
Use of field with lights: $35 per use.
(2) 
Non-Madison groups or organizations.
(a) 
Use of field with no lights: $35 per use.
(b) 
Use of field with lights: $50 per use.
C. 
Use of Dodge Field.
[Added 10-14-1986 by Ord. No. 41-86]
(1) 
Madison groups or organizations.
(a) 
Use of field with no lights: $25 per use.
(b) 
Use of field with lights: $50 per use.
(2) 
Non-Madison groups or organizations.
(a) 
Use of field with no lights: $50 per use.
(b) 
Use of field with lights: $100 per use.
D. 
There shall be a user fee of $20 per player per season for the use of the Madison Recreation Complex Fields 1 and 2 ("turf fields") by the following recreation and/or travel sports programs, which are recognized by the Borough Recreation Department: boys and girls soccer, boys and girls lacrosse, girls field hockey, girls softball, boys football and other sports that use the Madison Recreation Complex Fields for scheduled practices or games as determined by the Recreation Director.
[Added 11-13-2013 by Ord. No. 45-2013]
E. 
There shall be a user fee of $40 per player per sport for any nonresident participant in any Borough recreation program that uses Borough fields; however, the Administrator, with the advice of the Recreation Director, may reduce this rate to $20 per player per sport, provided the nonresident's municipality offers field space or other meaningful enhancement to the Borough recreation program.
[Added 11-13-2013 by Ord. No. 45-2013]
F. 
The fees established by this section shall be collected in accordance with policies established by the Recreation Director and the Recreation Advisory Committee and shall be used for the debt service, operation and maintenance of the turf fields at the Madison Recreation Complex.
[Added 11-13-2013 by Ord. No. 45-2013]
[Added 11-13-2013 by Ord. No. 45-2013]
A. 
Field rental permits for the use of any Borough field, except for any use thereof authorized pursuant to §§ 136-32 and 136-33, shall be obtained by application, in writing, to the Borough Clerk, in accordance with the procedures established by the Borough Administrator, Recreation Director and the Borough Attorney. All applications shall include:
(1) 
An insurance certificate naming the Borough of Madison as additional insured as to the field rental for bodily injury to any one person in the amount of $1,000,000 and any occurrence in the aggregate amount of $3,000,000 and for property damage for each occurrence in the aggregate amount of $5,000,000.
(2) 
An agreement, in writing, in a form approved by the Borough Attorney, whereby the applicant agrees to indemnify and save harmless the Borough of Madison, its officers, employees and agents, from any and all liability, expense, claim or damages resulting from the use of public lands.
(3) 
If the applicant is a sports camp or substantially similar program, a pre-approved waiver executed by each participant and/or his or her guardian, expressly agreeing to indemnify and save harmless the Borough of Madison, its officers, employees and agents from any and all liability, expense, claim or damages resulting from the use of public lands and participation in the sports camp or substantially similar program.
(4) 
If any services are required by employees from Borough departments, the cost of such employees is to be borne by the applicant as a cost of the field rental. The hourly rate for outside duty will be provided upon request by the Borough Administrator and will be billed to the applicant.
(5) 
The posting of either a cash bond in the amount of $300 or in an amount equal to 1/2 the agreed-upon rental fee, whichever is greater, running in favor of the Borough, or a check made payable to the Borough of Madison in an amount of $300 or 1/2 the agreed-upon rental fee, whichever is higher. These fees shall be used to protect and insure that the location utilized will be left after the event in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Borough ordinances, rules and regulations will be followed. Within 30 days of the end of the rental period, the Borough will return the bond and/or money if there has been no damage to public property or public expense caused by the field rental. The applicant shall reimburse the Borough for any damage and the cost of repairs to the rented property.
B. 
Field rental permits shall be issued by the Borough Clerk or his/her designee in consultation with the Recreation Department and Business Administrator after making the following findings:
(1) 
That the nature and character of the proposed activity or use of the field is not reasonably anticipated to incite violence, crime or disorderly conduct.
(2) 
That the proposed activity or use of the field will not entail extraordinary or burdensome expense on the public safety operations of the Borough.
(3) 
That the field desired has not been reserved for other use at the dates and hours desired in the application.
(4) 
That all conditions of the field rental application, including, but not limited to, insurance, indemnification, and fees and have been satisfied.
(5) 
The Borough reserves the right to waive any and all conditions or to reject the application in its sole discretion.
(6) 
Such other reasonable conditions as may be required by the Borough.
(7) 
The requirements for obtaining a permit under this chapter shall not relieve any person or group of persons from obtaining such further permits or approvals as may be required now or in the future by reason of any state or federal law.
C. 
No applicant shall be denied a field rental permit on account of his or her sex, affectional or sexual orientation, race, color, religion, national origin, age, disability, ancestry, or atypical hereditary cellular or blood trait.
D. 
Denial of permit; appeals.
(1) 
Within five days after receipt of a written application for the permit provided for herein, the Borough Clerk, or the issuing officer, shall apprise the applicant, in writing, of his/her reasons for refusing a permit, and any aggrieved person or group of persons shall have the right to appeal, in writing, within 10 days to the Borough Administrator, who shall consider the application under the standards and procedures set forth in § 136-37B and sustain or overrule the decision of the Borough Clerk within 10 days from the date of the filing of the appeal with the Borough Clerk.
(2) 
If the decision of the Borough Clerk is sustained on appeal, the reasons for the refusal of the permit shall be set forth in writing. If the decision of the Borough Clerk is overruled and a permit granted, the Administrator may attach reasonable conditions to the issuance of such a permit, consistent with this chapter.
E. 
Field rental fees shall be determined by the Recreation Director in consultation with the Borough Administrator. All field rental fees will be reasonable, and any fees collected for the use of the turf fields shall be used for the debt service, operation and maintenance of the turf fields at the Madison Recreation Complex. If the applicant is a sports camp or other public program, Borough residents shall be entitled to:
(1) 
First priority to sign up for the program; and
(2) 
A discount of 10% for the program fee.
F. 
Additional field rental rules and regulations, including but not limited to refunds, revocation of permits, discipline, rain dates and maintenance, shall be established by the Borough Administrator and the Recreation Director with advice and input from the Recreation Advisory Committee. The rules and regulations will be published.
G. 
The Recreation Director, in consultation with the Borough Administrator and Recreation Advisory Committee, shall manage the schedule for the rentals of Borough fields.
H. 
The enforcement of this permit and the conditions relating thereto is the responsibility of the Recreation Director or any other responsible official. A violation of any condition of the permit shall be cause for immediate revocation of the permit by the Borough Council.
I. 
The requirements for obtaining a permit under this chapter shall not relieve any person or group of persons from obtaining such further permits or approvals as may be required now or in the future by reason of any state or federal law.
J. 
The applicant shall return the rented property in a satisfactory condition, free of debris, rubbish and equipment, and shall observe all Borough ordinances, rules and regulations.
K. 
The Borough reserves the right to establish additional policies and procedures as it determines in its absolute discretion, and the Borough may revoke any permit issued for any reason whatsoever, at any time, by reimbursing the applicant the field rental fee and any other deposit.