[HISTORY: Adopted by the City Council of the City of Cape May by Ord.
No. 1214-2000 (Sec. 8-13 of the 1997 Revised General Ordinances);
amended in its entirety 4-18-2005 by Ord. No. 23-2005.
Subsequent amendments noted where applicable.]
The regulations of this chapter shall apply to all parks and recreation areas owned by the City of Cape May and operated for public use. Such areas shall be designated by resolution of City Council. Except for §§ 368-4 and 368-5, beaches shall not be considered parks or recreation areas in this chapter.
A.
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)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, bridges, tables, benches, fireplaces, railings, paving
materials, public utilities 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 other 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.
(3)
Dig or remove any soil, rock, sand, stones, trees, shrubs,
plants or other wood or materials, or make any excavation by tool, equipment,
or other means.
(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 park, or pick flowers or seed of any tree or plant, dig
in or otherwise disturb grassed areas, or in any other way injure the natural
beauty or usefulness of any area.
(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, kill, wound, trap, abuse, shoot, pursue,
or throw objects at, or have in his or her possession any animal, reptile
or bird found within any park, nor shall their habitats be disturbed, except
where specifically designated and permitted. No person shall purchase, sell,
accept or give away any such animal, reptile, bird or eggs except as may be
specifically provided for and permitted.
(9)
Throw, discharge, or otherwise place or cause to be placed
in the waters of any fountain, pond, lake, stream, harbor, creek, or any other
body of water in any park or any tributary stream, storm sewer, or drain flowing
into such water, any substance, matter or thing, liquid or solid, which may
result in the pollution of the waters.
(10)
Have brought in, dump in, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, garbage, refuse, or organic
or inorganic solid or liquid waste.
(11)
Drive or park 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 parking areas by the City.
(12)
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas. No motor vehicle shall be parked
in the park areas from 1/2 hour after sunset until sunrise, except as otherwise
permitted.
(13)
Ride a bicycle without reasonable regard to the safety
of others.
(14)
Leave a bicycle lying on the ground or paving or set
against trees, or in any place or position where a person may trip over or
be injured by it.
(15)
Swim, bathe, or wade in any waters or waterways in any
park, except in such waters and at such places as may be specifically designated
for such activities.
(16)
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 City. Such activity shall be in accordance with applicable
ordinances or regulations.
(17)
Shoot into park areas. No person shall carry or possess
firearms of any description, or air rifles, spring guns, bow and arrows, slings
or any other forms of weapons or devices potentially inimical to wildlife
or dangerous to human safety, or any instrument that can be loaded with and
fire any ammunition or blank cartridges, or any kind of trapping device, except
as specifically permitted.
(18)
Violate the generally accepted rule of first come, first
served in the use of individual tables, benches, fireplaces, or other park
facilities.
(19)
Use any portion of the park area or any of the buildings
or structures therein for the purpose of holding picnics or other activities
to the exclusion of other persons, nor shall any person use such areas and
facilities for an unreasonable time if the facilities are crowded.
(20)
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, boat or similar property except in those areas designated by the
City for such purposes.
(21)
Ride or be pulled by a horse.
(22)
Possess or consume any alcoholic beverages.
(23)
Possess, set or otherwise cause to explode, discharge
or burn any fireworks, firecrackers, or explosives or flammable material,
or discharge them or throw them into any such areas from lands or highways
adjacent thereto.
(24)
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the City with signs bearing the words
"Domestic Animals Prohibited in this Area" or similar signs such as "Please,
No Dogs." All domestic animals in those areas where such animals are specifically
permitted shall be adequately restrained at all times.
(25)
Solicit alms or contributions for any purpose whether
public or private, except in such areas and under such regulations as may
be designated and specifically permitted by the City.
(26)
Cause, build, or attempt to build a fire except in such
areas and under such regulations as may be designated by the City. No person
shall drop, throw or otherwise scatter lighted matches, burning cigarettes,
cigars, tobacco, paper or other flammable material within any park or on the
highways, roads or streets abutting or contiguous thereto.
(27)
Gamble, participate in, or abet any game or abet any
game of chance except in such areas and under such regulations as may be designated
by the City.
(28)
Go onto the ice on any waters except such areas as are
designated as skating fields, and provided a safety signal is displayed.
(29)
Disturb or interfere unreasonably with any person or
party occupying any area or participating in any activity under the authority
of a permit.
(30)
Expose, or offer for sale, any article or thing, nor
place any stand, cart, or vehicle for the transportation, sale, or display
of any such article or thing. Exception is made for any permittee or licensed
concessionaire acting by and under the authority and regulation of the City.
(31)
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 on any parklands or roads in any park.
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 by the City Manager.
B.
No person shall, on the grounds of race, color, national
origin, religion, age, sex or handicap, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination in
any park facility, program or activity.
C.
Discrimination on the basis of residence, including preferential
reservation, membership, or annual permit systems is prohibited except to
the extent that reasonable differences in admission and other fees may be
maintained on the basis of residence in any park.
A.
Activities subject to park use permit. No permit shall
be required for public use of public parks and recreation areas in the City
of Cape May except for any activity:
B.
Application for park use permit. Any persons or organizations
seeking permission to sponsor any activities subject to park use permits must
apply at least 30 days prior to any announcement of a proposed event to the
City Clerk on an application form prescribed by the City Clerk. The City Clerk
shall provide a copy of the application to the City Manager who shall consult
with such City officials as he deems appropriate and, thereafter, shall approve
or deny the application. The thirty-day notice requirement may be waived by
the City Manager for a good cause shown. With respect to park permits for
activities on any public beaches, it shall also require the approval of City
Council, and such permits may only be issued for times when the beach on which
the activity is to take place is not guarded.
C.
Application fee. An application fee of $25 payable to
the City of Cape May shall accompany each application for a park use permit.
The fees shall be applied toward the administrative costs of processing the
application and are not charges for use of the public parks or park facilities
of the City of Cape May.
D.
Standards for issuance of park use permit. The following
findings shall be included among standards for issuance of a park use permit
by the City:
(1)
That the proposed activity or use of the park will not
unreasonably interfere with, or detract from, the general public enjoyment
of the park.
(2)
That the proposed activity and use will not unreasonably
interfere with, or detract from, the promotion of public health, welfare,
safety and recreation.
(3)
That the proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
That the facilities desired have not been reserved for
other use at the date and hour requested in the application.
E.
Compliance with all laws and regulations. A permittee
shall be bound by all park rules and regulations and all applicable ordinances
fully as though the same were inserted in the permits.
F.
Revocation. The City Manager or his designated representative
shall have the authority to revoke a permit upon a finding of violation of
any rule or ordinance, or upon good cause shown.
G.
Regulations. The City Manager shall have the authority to promulgate rules and regulations consistent with the provisions of this chapter for the proper use, operation, and maintenance of public parks within the City of Cape May. Such rules and regulations shall be filed with the City Clerk and be available for public inspection pursuant to § 10-25, Administration rules and regulations; filing and publication.
A.
Responsible enforcement officers. All duly sworn officers
of the Police Department shall, in connection with their duties imposed by
law, diligently enforce the provisions of this chapter except as specifically
delegated in writing by the City Manager to other enforcement personnel. It
shall be the responsibility of the Chief of Police to train and supervise
all personnel in such enforcement.
B.
Authority to eject violators. Any responsible enforcement
officer shall have the authority to eject from any park, beach or recreation
area any person or persons acting in violation of this chapter.
C.
Authority to seize. Any responsible enforcement officer
shall have the authority to seize and confiscate any property, thing, or device
in the park, or used in violation of this chapter.
Any person violating any of the provisions of this chapter or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Article III, Penalty, together with repair or restoration of any damaged property, and each day that a violation continues shall be deemed a separate violation.
