Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stake posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(2)

Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.

(3)

Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.

(4)

Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.

(5)

Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seed of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.

(6)

Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest or the young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous or deadly reptiles may be killed on sight.

(7)

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 park or any tributary stream, storm sewer or drain flowing into such water any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

(8)

Have brought in or shall dump in, 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 park or left anywhere on the grounds thereof but shall be placed in the proper receptacles, where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

(9)

Drive any vehicle on any area except where there are paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas by the Police Department.

[Amended 5-5-2009 by Ord. No. 1302]

(10)

Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.

(11)

Ride a bicycle without reasonable regard to the safety of others.

(12)

Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted, nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Police Department or the Code Enforcement Officer upon a finding that such use of the water would be dangerous or otherwise inadvisable.[1]

[Amended 5-5-2009 by Ord. No. 1302]

[1]

Editor's Note: Former Subsection A(12), regarding hours for swimming, and (13), regarding tents, shelters or structures on beaches, which immediately followed this subsection, were repealed 5-5-2009 by Ord. No. 1302, which ordinance also provided for the redesignation of former Subsection A(15) through (25) as Subsection A(13) through (23), respectively.

(13)

Dress or undress on any field or in any park or public place or in any vehicle, toilet or other place, except in such structures as may be provided for that purpose.

[Amended 5-5-2009 by Ord. No. 1302]

(14)

Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters except at places designated for boating by the Police Department or the Code Enforcement Officer. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.

[Amended 5-5-2009 by Ord. No. 1302]

(15)

Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.

(16)

Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on or remain on or in any boat during said closed hours of the park.

(17)

Fish in any waters except in waters designated by the Police Department or the Code Enforcement Officer for that use and under such regulations and restrictions as have or may be prescribed by said entity or person.

[Amended 5-5-2009 by Ord. No. 1302]

(18)

Fish in any area where bathing is permitted.

(19)

Carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.

(20)

Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."

(21)

Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons; nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded.

(22)

Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles, where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.

(23)

Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp-wagon or the like, except in those areas designated by the Police Department or Code Enforcement Officer for those purposes.

[Amended 5-5-2009 by Ord. No. 1302]

While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular no person shall:

(1)

Bring alcoholic beverages or illegal drugs or ingest same at any time. Alcoholic beverages shall be permitted within the cabin at Lippincott Lane upon the execution of the appropriate Borough rental facility forms.

[Amended 5-5-2009 by Ord. No. 1302; 2-16-2010 by Ord. No. 1332]

(2)

Have in his possession or set or otherwise cause to explode or discharge or burn any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any other substance or compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. At the discretion of the Mayor and Council, permits may be given for conducting properly supervised fireworks in designated park areas.

[Amended 5-5-2009 by Ord. No. 1302]

(3)

Permit any dog or other domestic animal into areas that have been designated by Borough Council as such and marked with posted signage: "Domestic Animals Prohibited in This Area." In areas in which dogs are permitted, they shall be supervised and controlled. Horseback riding shall be prohibited.

[Amended 5-5-2009 by Ord. No. 1302]

(4)

Enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved or designated for the use of one sex to the exclusion of the other. Exception is made for children under six years of age.

[Amended 5-5-2009 by Ord. No. 1302]

(5)

Solicit contributions, conduct a fundraiser or run a raffle for any purpose, whether public or private.

[Amended 5-5-2009 by Ord. No. 1302]

(6)

Build or attempt to build a fire. 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 highways, roads or streets abutting or contiguous thereto.

[Amended 5-5-2009 by Ord. No. 1302]

(7)

Enter an area posted as "Closed to the Public"; nor shall any person use or abet in the use of any area in violation of posted notices.

(8)

Gamble or participate in or abet any game of chance except in such areas and under such regulations as may be designated by the Director or Mayor.

[Amended 5-5-2009 by Ord. No. 1302]

(9)

Go onto the ice or any of the waters except such areas as are designated as skating fields, provided that a safety signal is displayed.

(10)

Use threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.

(11)

Fail to produce and exhibit any permit that has been issued by the Director or the Mayor upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

[Amended 5-5-2009 by Ord. No. 1302]

(12)

Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

(13)

Expose or offer for sale any article or thing; nor shall he station or place any stand, car or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority of a permit issued by the Borough.

[Amended 5-5-2009 by Ord. No. 1302]

(14)

Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever; nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.

§ 326-2 Hours.

[Amended 5-5-2009 by Ord. No. 1302]

Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year between sunrise and sunset. Opening and closing hours for each individual park may be adjusted by the Director or the Mayor from time to time upon approval by the Mayor or the Director.

Any section or part of any park, or an entire park, may be declared closed to the public by the Public Works Department, the Police Department or by the Director or by the Mayor at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as said Police Department or the Director or the Mayor shall find reasonably necessary.

§ 326-3 Permits for use of fields for athletic activities and for special events.

[Amended 3-8-1988 by Ord. No. 785; 10-19-2004 by Ord. No. 1181; 5-5-2009 by Ord. No. 1302; 2-16-2010 by Ord. No. 1332]

Permits for use of Borough-owned recreational land and field facilities for organized activity shall be obtained by application to the Director in accordance with the following procedure:

A person seeking issuance of a permit hereunder shall file an application on the official form designated by Borough Council. Same shall be obtained from and, when complete, submitted to the office of the Borough Clerk.

The Director or Mayor will deny any application where the field facilities desired have been reserved for other use at the date and hour requested in the application. The Director or Mayor reserve the right to disallow any application where the proposed activity or use of the field or park would unreasonably interfere with or detract from the general public enjoyment of the field or park, the activity will likely cause irreparable damage to Borough lands or property or where the proposed activity and use would unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation or where the proposed activity or uses are reasonably anticipated to include violence, crime or disorderly conduct.

Borough Council may also require an applicant to pay a reasonable fee, as set forth in Chapter 213 or post a bond, in an amount and in the form as may be approved by the Director or Mayor, where it is anticipated that the proposed activity will entail extraordinary or burdensome expense or police operation by the Borough.

A permittee shall be bound by all field and park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

An applicant is required to supply evidence of liability and hazard insurance with such limits as may be required by Borough Council; naming the Borough of Haddon Heights, New Jersey, as an additional insured.

Unless specifically identified in Subsection I hereof, each applicant shall submit, with the application for permit, the sum set forth in Chapter 213, Fees, representing a nonrefundable registration fee and a security deposit. In the event that any provision of this article is violated by a permittee, the security deposit is forfeited.

The person or persons to whom the permit is issued shall be liable for all loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.

The Director of Parks and Recreation shall maintain a calendar of all Borough recreational land and field facility use.

Any group or organization that wishes use of any Borough recreational land or field facility use on more than one occasion in any calendar year for the same purpose will be required to apply for such use and enter into an agreement between the Borough and the group or organization, on such terms as may be agreed upon between said group or organization and Borough Council.

The exemption granted to any group by this section may be revoked by the Public Works Department if such group violates any of the provisions of this § 326-3.

§ 326-4 Enforcement.

[Amended 5-5-2009 by Ord. No. 1302]

This article shall be enforced by the Police Department of the Borough and/or by the Director or by the Mayor.

§ 326-5 Parking of motor vehicles.

No owner or driver shall cause or permit his vehicle to stand outside designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.

§ 326-6 Use by Board of Education.

[Amended 5-5-2009 by Ord. No. 1302; 2-16-2010 by Ord. No. 1332]

The Borough of Haddon Heights reserves the right, with respect to any or all of the public park and recreation areas and any field facilities located therein, to enter into any agreement with the Board of Education of the Borough of Haddon Heights concerning the control and use thereof under such terms and conditions as may be determined by Borough Council.

§ 326-7 Violations and penalties.

[Amended 10-19-2004 by Ord. No. 1181; 5-5-2009 by Ord. No. 1302; 6-19-2018 by Ord. No. 1451]

Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a maximum penalty of a fine not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof, as may be determined by the Municipal Court.

§ 326-8 Construction of provisions.

This article is in addition to and not in derogation of any other ordinance involving or affecting any of the subject matters contained in the within article.

Article II Town Forest

[Adopted 9-21-1993 by Ord. No. 933 (Ch. 82, Art. II of the 1975 Code)]

§ 326-9 Designation of area.

The following described property, owned by the Borough of Haddon Heights, is hereby designated as a town forest and regulated for the purpose as provided in § 326-11 below.

Area No. 1.

(1)

General location: West Atlantic Avenue, Lippincott Lane and West High Street.

(2)

Description: being the land known and designated on the Tax Map of the Borough of Haddon Heights as Block 53, Lot 1; excepting from said lot 25 feet from the boundaries and/or fence lines of the existing recreational areas and facilities, which includes four nonforested areas used as ballfields, a cabin, service buildings, snack stands, and a children's playground, as well as all utility easements and accessways for the purpose of patrolling for public safety and firefighting.

[Amended 5-5-2009 by Ord. No. 1302]

Area No. 2.

(1)

General Location: Walnut and Devon Avenues.

(2)

Description: being the lands known and designated on the Tax Map of the Borough of Haddon Heights as: Block 123, Lots 1 to 13 inclusive; Block 124, Lots 1 and 2; Block 126, Lot 1; Block 127, Lots 1, 1.01 and 2; together with the unimproved fifty-foot-wide streets known as Glenview Avenue (from the southerly line of Walnut Avenue southwardly to Little Timber Creek) and Birch Avenue (from the westerly line of Devon Avenue westwardly to Little Timber Creek), including nonforested areas used as snack stand and tennis courts.

[Amended 5-5-2009 by Ord. No. 1302]

§ 326-10 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DIRECTOR

The Director of Parks and Recreation, as appointed by the Mayor with consent of Borough Council.

[Added 5-5-2009 by Ord. No. 1302]

ENVIRONMENTAL COMMISSION

The conservation commission constituted by ordinance of the Borough of Haddon Heights, pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 to 40:56A-5), for the purpose of protecting and developing natural resources within the municipality and whose powers and duties include obtaining and disseminating information on the means of preserving and restoring natural resources, including forest areas, recommending to the Mayor and governing body plans and programs for the preservation and restoration of natural and forest areas and, subject to the approval of the governing body, the supervision or implementation of such areas.[1]

FOREST/NATURAL AREA

Any area of land or water which retains its primeval character or, if previously disturbed, which is managed and preserved so as to restore its primitive qualities.

GREEN INITIATIVES COMMITTEE

The Green Initiatives Committee constituted by resolution of the Borough of Haddon Heights, for the purpose of determining methods and developing policy to reduce the carbon footprint, reduce energy expenses, reduce community waste, become more efficient in the use of energy and encouraging the use of public transportation among other energy-saving efforts within the Borough of Haddon Heights.

[Added 5-5-2009 by Ord. No. 1302]

PERSON

Any person, firm, partnership, association, corporation, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions.

SHADE TREE COMMISSION

Shall have and exercise all the powers and authority conferred upon, by and in virtue of N.J.S.A. 40:64-5 and any amendment and supplement thereto.[2]

[Added 3-7-2000 by Ord. No. 1079]

[1]

Editor's Note: See Ch. 32, Environmental Commission.

[2]

Editor's Note: See Ch. 90, Shade Tree Commission.

§ 326-11 Prohibited uses.

No use shall be made of the within-described forest, except such uses as are consistent with the preservation of a natural forest area, including but not limited to the establishment of a wild bird sanctuary or conservation area, the operation of programs of ecological study or the study of natural sciences, the creation of a place of refuge and passive recreation of the residents of Haddon Heights. All other active recreational uses are expressly prohibited, including but not limited to organized ballplaying, motorbiking and horseback riding.

§ 326-12 Disposal of area.

[Amended 3-7-2000 by Ord. No. 1079; 5-5-2009 by Ord. No. 1302]

The area designed under this article as a natural area shall not be disposed of or diverted to a use other than that provided for a natural area without the approval of the governing body of the Borough of Haddon Heights following a public hearing by the governing body at least one month prior to such approval, taking into account the advice of the Green Initiatives Committee and Parks and Recreation Committee and the Shade Tree Commission.

§ 326-13 Exceptions.

[Amended 3-7-2000 by Ord. No. 1079; 5-5-2009 by Ord. No. 1302]

The provisions of this article shall not be construed to prevent the Borough of Haddon Heights or its agents from pruning, trimming, maintaining or removing any tree located within the forested area where such tree has been determined by the Shade Tree Commission to create a condition of danger to the public.

§ 326-14 Violations and penalties.

[Amended 10-19-2004 by Ord. No. 1181; 5-5-2009 by Ord. No. 1302; 6-19-2018 by Ord. No. 1451]

Any person violating or causing to be violated any of the provisions of this article shall be subject to a maximum penalty of a fine not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof, as may be determined by the Municipal Court.