[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 90.
Alcoholic beverages — See Ch. 116.
Animals at large — See Ch. 125.
Curfew — See Ch. 183.
Littering — See Ch. 288.
Loitering — See Ch. 293.
Parental responsibility — See Ch. 314.
Peddling and soliciting — See Ch. 337.
Skateboards, skateboard parks and tennis courts — See Ch. 374.
Tree protection — See Ch. 432.
[Adopted 12-27-1977 by Ord. No. 538 (Ch.
82, Art. I of the 1975 Code)]
A.
No person in a public park and recreation area shall:
(1)
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]
B.
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.
[Amended 5-5-2009 by Ord. No. 1302]
A.
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.
B.
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.
[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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
The Director of Parks and Recreation shall maintain
a calendar of all Borough recreational land and field facility use.
I.
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.
[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.
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.
[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.
[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.
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.
[Adopted 9-21-1993 by Ord. No. 933 (Ch.
82, Art. II of the 1975 Code)]
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.
A.
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]
B.
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]
As used in this chapter, the following terms
shall have the meanings indicated:
The Director of Parks and Recreation, as appointed by the
Mayor with consent of Borough Council.
[Added 5-5-2009 by Ord. No. 1302]
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]
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.
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]
Any person, firm, partnership, association, corporation,
organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivisions.
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]
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.
[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.
[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.
[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.
