[Adopted 12-19-1979]
A.
No person in a public park, public recreation area
or public open space area shall:
[Amended 11-19-1990 by Ord. No. 14-1990; 11-5-2007 by Ord. No. 25-2007]
(1)
Willfully mark, deface, disfigure, injure, tamper
with, or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings or paving materials, water lines or
other public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers or other structures or equipment facilities
or park property or appurtenances whatsoever, either real or personal,
without the express written authorization of the Township Manager
and the Township Council.
[Amended 2-17-2009 by Ord. No. 6-2009]
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person above the age of five
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 without the
express written authorization of the Township Manager and the Township
Council.
[Amended 2-17-2009 by Ord. No. 6-2009]
(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 and with the express written authorization
of the Township Manager and the Township Council.
[Amended 2-17-2009 by Ord. No. 6-2009]
(5)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or the 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, without the
express written authorization of the Township Manager and the Township
Council.
[Amended 2-17-2009 by Ord. No. 6-2009]
(6)
Climb any tree or walk, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw objects at any animal, wildlife or bird unless authorized by a motion or resolution of the Township Council or unless permitted pursuant to Article IV, nor shall he remove or have in his possession the young of any wild animal or the eggs or nest or 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.
[Amended 3-5-2013 by Ord. No. 2-2013]
(9)
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.
(10)
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.[1] 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.
(11)
Drive any vehicle on any area except the paved park
roads or parking areas or such areas as may on occasion be specifically
designated as temporary areas, without the express written authorization
of the Township Manager and the Township Council.
[Amended 2-17-2009 by Ord. No. 6-2009]
(12)
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.
(13)
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park area.
(14)
Leave a bicycle in a place other than a bicycle rack
when such is provided and there is space available.
(15)
Ride a bicycle without reasonable regard to the safety
of others.
(16)
Leave a bicycle lying on the ground or paving or set
against trees or in any place or position where other persons may
trip over or be injured by it.
(17)
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
purposes of swimming or bathing, or congregate thereat, when such
activities are prohibited by the Township upon a finding that such
use of the water would be dangerous or otherwise inadvisable.
(18)
Frequent any waters or places designated for the purposes
of swimming or bathing, or congregate thereat, except between such
hours of the day as shall be designated by the Township for such purposes
for each individual site.
(19)
Erect, maintain, use or occupy on or in any beach
or bathing area any tent, shelter or structure of any kind unless
there shall be an unobstructed view into said tent, shelter or structure
from at least two sides; nor shall any guy wire, rope or extension
brace or support be connected or fastened from any such structure
to any other structure, stake, rock or other object outside thereof.
(20)
Allow himself to be so covered with a bathing suit
so as to indecently expose his person.
(21)
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.
(22)
Bring into or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.[2]
(23)
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.
(24)
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.
(25)
Fish in any area where bathing is permitted.
(26)
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.[3]
(27)
Picnic or lunch in a place other than those designated
for that purpose.
(28)
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.
(29)
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.
(30)
Take part in or abet the playing of any games involving
thrown or otherwise propelled objects such as balls, stones, arrows,
javelins, horseshoes, quoits or model airplanes, except in those areas
set apart for such forms of recreation.
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 in alcoholic beverages or drink the same unless
a permit is issued by the Department of Police.
(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 inflammable material
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition includes any substance,
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 Township Manager, permits may be given for
conducting properly supervised fireworks in designated park areas.
[Amended 11-19-1990 by Ord. No. 14-1990]
(3)
Appear at any place in other than proper clothing.
(4)
Solicit alms or contributions for any purpose, whether
public or private.
(5)
Build or attempt to build a fire except in such areas
and under such regulations as may be designated. 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.
(6)
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.
(7)
Gamble or participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Township Manager.
[Amended 11-19-1990 by Ord. No. 14-1990]
(8)
Go onto the ice on any of the waters, except such
areas as are designated as skating fields and provided that a safety
signal is displayed.
(9)
Sleep or protractedly lounge on the seats or benches
or other areas or engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace.
(10)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(11)
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. Notwithstanding the aforementioned, the
Township Council by resolution may establish a sign policy, and the
same may be amended from time to time.
[Amended 5-7-2007 by Ord. No. 7-2007]
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information.
B.
Any section or part of any park may be declared closed
to the public 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 for certain uses.
[Amended 11-19-1990 by Ord. No. 14-1990]
Permits for special events in parks shall be
obtained by application to the Township Council in accordance with
following procedure:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Township Council 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 hours for which the permit is desired.
(4)
The park or portion thereof for which such permit
is desired.
(5)
Any other information which the Township Council shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Township
Council shall include the following findings:
(1)
That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public's
enjoyment of the park.
(2)
That the proposed activity or use will not unreasonably
interfere with or detract from the promotion of the public health,
welfare, safety and recreation.
(3)
That the proposed activities or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the Township of Byram.
(5)
That the facilities desired have not been reserved
for use at the date and hour requested in the application.
C.
Appeal. Within five days after receipt of an application,
the Township Council shall apprise an applicant in writing of its
reasons for refusing a permit, and any aggrieved person shall have
the right to appeal within five days of said refusal to the Township
Council by serving written notice thereof.
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permits.
E.
The person or persons to whom the permit is issued
shall be liable for all 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. The Township Council shall have
the right to require any permittee to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities in such amounts as may be from time
to time determined by the Township Council prior to the commencement
of any activity or issuance of any permit.
F.
Revocation. The Township Council shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
[Added 6-18-2007 by Ord. No. 15-2007[1]]
A.
C. O. Johnson Skateboard Park. In addition to the rules and regulations in § 182-4, the following rules and regulations shall apply to the operation of the C. O. Johnson Skateboard Park:
(1)
No scooters, motorized bikes or bicycles are allowed
inside the skateboard park area, BMX-style bikes only.
(2)
Bikes are not permitted in the skateboard park with
skateboarders.
(3)
The Township does not supervise the skateboard park
use and assumes no responsibility.
(4)
Skate or bike within your own abilities and at your
own risk.
(5)
Helmets are required to be worn in the skateboard
park at all times. Failure to do so may result in lost privileges
and/or removal from the park. Kneepads and elbow pads are recommended.
(6)
Shirts and nonskid shoes/sneakers must be worn at
all times.
(7)
Hours of operation are sunrise until dusk. After-hours
use or use when closed will result in a trespass citation and the
possible seizure of equipment.
(8)
A parent or guardian must accompany children under
the age of 12.
(9)
The skateboard park will be closed during adverse
weather conditions, when the surface is wet or ice-covered.
(10)
Food and/or beverages, glass bottles or containers
are not permitted in the skateboard park area.
(11)
Gum chewing, smoking, alcohol or drugs are prohibited.
(12)
No horseplay, fighting or profanity is permitted in
the park.
(13)
No waxing of, nor graffiti or stickers are permitted
on Township property or skateboard park equipment.
(14)
Spectators and animals are not permitted inside the
skateboard park.
(15)
Unauthorized ramps, jumps, or obstacles cannot be
used inside or outside the skateboard park area.
(16)
Littering is prohibited.
B.
Tennis courts. In addition to the rules and regulations in § 182-4, the following rules and regulations shall apply to the operation of Township tennis courts.
(1)
Play is limited to one hour for singles and 1 1/2
hours for doubles.
(2)
Court usage is on a first-come basis. Players waiting
for the time period to expire must wait outside the fence.
(3)
A player awaiting the arrival of an opponent may not
hold a court vacant.
(4)
No one should enter or pass behind players during
play.
(5)
Sneakers or tennis shoes must be worn on the tennis
court.
(6)
Shirts must be worn at all times. Bathing suits are
not permitted.
(7)
Bicycles, roller blades, skateboards and pets are
not permitted on the court.
(8)
No ball playing of any kind other than tennis is permitted
on the court.
(9)
Sitting or leaning on the nets is damaging to the
nets and the net straps and is strictly prohibited.
(10)
Offensive language, loud playing of radios and hitting
the balls against the fence are prohibited.
(11)
Food and/or beverages, glass bottles or containers
are not permitted on the court.
(12)
Gum chewing, smoking, alcohol or drugs are prohibited.
(13)
Upon completion of play, players shall leave the court
area clean of tennis balls, lids and other debris.
(14)
Hours of operation are sunrise until dusk. After-hours
use or use when closed will result in a trespass citation.
(15)
The tennis courts will be closed during adverse weather
conditions, when the surface is wet or ice-covered.
[Amended 11-19-1990 by Ord. No. 14-1990]
A.
The Township Manager and park attendants shall, in
connection with their duties imposed by law, diligently enforce the
provisions of this article.
B.
The Township Manager and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this article.
C.
The Township Manager and any park attendant shall
have the authority to seize and confiscate any property, thing or
device in the park or used in violation of this article.
D.
This article shall also be enforced by the Police
Department of the Township of Byram.
[Amended 11-19-1990 by Ord. No. 14-1990]
