[Adopted 9-4-1980 by Ord. No. 390-80]
It shall be unlawful for any person to perform
any of the following acts in any public park or recreation area within
the Township of Middle:
A.
To 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, stakes, posts
or other boundary markers or other structures or equipment, facilities
or park property or appurtenances whatsoever, either real or personal.
B.
To 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.
C.
To 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.
D.
To 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.
E.
To damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or seeds of any trees
or plants, dig in or otherwise disturb grass areas or in any other
way injure the natural beauty or usefulness of any area.
F.
To 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.
G.
To tie or hitch an animal to any tree or plant.
H.
To 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.
I.
To have brought in or dump, deposit or leave any bottles,
broken glass, ashes, papers, 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 thereon but shall be placed in the proper receptacles where
such 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.
J.
To 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, including motorized vehicles such as
minibikes and mopeds.
K.
To park a vehicle in other than an established or
designated parking area and in accordance with posted directions and
the instruction of any attendant who may be present.
L.
To leave a vehicle standing or parked at night in
established parking areas or elsewhere in the park area.
M.
To leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
N.
To ride a bicycle without reasonable regard to the
safety of others.
O.
To leave a bicycle lying on the ground or paving or
set against a tree or in any place or position where other persons
may trip or be injured by it.
P.
To swim, bathe or wade in any waters or waterways
in or adjacent to any park.
Q.
To bring into or operate any boat, raft or other watercraft,
whether motor-powered or not, upon waters except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
R.
To carry or possess firearms of any description or
air-rifles, spring-guns, bow-and-arrows, slings or any other forms
of weapons potentially harmful to wildlife and dangerous to human
safety or any instrument that can be loaded with and can fire blank
cartridges, or any kind of trapping device. Shooting into park areas
from beyond park boundaries is forbidden.
S.
To picnic or lunch in a place other than those designated
for that purpose.
T.
To 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 or to use such areas and facilities
for an unreasonable time if the facilities are crowded.
U.
To leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles
where provided. If such trash receptacles are not available, then
trash shall be carried away from the park area by the picnicker to
be properly disposed of elsewhere.
V.
To 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.
W.
To allow a dog of which he is in charge to go upon
any part of the park property or recreational area unless held by
a leash not longer than six feet.
X.
To sell or offer for sale any goods, wares or merchandise
whatever or to display or distribute any advertising device, circular
or card in any park or recreational area except upon a written permit
of the Chief of Police to be specifically authorized for each occasion
upon direction of the Township Committee.
While in a public park or recreational area,
all persons shall conduct themselves in a proper and orderly manner,
and, in particular, no person shall:
A.
Have in his or her possession alcoholic beverages,
narcotic drugs or other controlled, dangerous substances.
[Amended 5-4-2009 by Ord. No. 1319-09]
B.
Have in his possession or set or otherwise cause to
explode or discharge or burn any firecrackers, torpedo rockets or
other explosives or flammable material or throw them into any such
areas from lands or highways adjacent thereto. This prohibition includes
any substance or compound, mixture or article that, in conjunction
with any other substance or compound, would be dangerous according
to any of the foregoing standards. At the discretion of the Recreation
Program Administrator, permits may be given for conducting properly
supervised fireworks in a designated park area.
[Amended 4-5-1990 by Ord. No. 720-90]
C.
Appear at any place in other than proper clothing.
D.
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 materials within any park
or recreational area or on any highways, roads or streets abutting
the same or contiguous thereto.
E.
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.
F.
Gamble or participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Recreation Program Administrator.
[Amended 4-5-1990 by Ord. No. 720-90]
G.
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 behavior tending to
breach the public peace.
H.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
I.
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.
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. Any section or
part of any park may be declared closed to the public at any time
and for any interval of time, either temporary or at regular and stated
intervals (daily or otherwise) and either entirely or merely for certain
uses.
Permits for special events in parks shall be
obtained by application to the Department of Recreation in accordance
with the following procedure:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Department of Recreation 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 Department of Recreation
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 Department
of Recreation 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
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 proposed activity will not entail extraordinary
police operation by the Township of Middle.
(5)
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C.
Appeal. Within five days after the receipt of an application, the Department of Recreation shall apprise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Township Committee by service of a written notice thereof on the Recreation Program Administrator and the Township Committee within five days of said refusal. Said Department shall then immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Department of Recreation's decision within 10 days from the filing of the appeal. The decision of the Township Committee shall be final.
[Amended 4-5-1990 by Ord. No. 720-90]
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances 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 persons
whatever by reason of the negligence of the person or persons to whom
such permit shall have been issued. The Department of Recreation 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 Department of Recreation, prior to the commencement
of any activity for which a permit has been issued.
F.
Revocation. The Department of Recreation shall have
the authority to revoke a permit upon the finding of a violation of
any rule or ordinance or upon good cause shown.
As used in this article, the following terms
shall have the meanings indicated:
Includes any and all public recreation areas within the Township
of Middle.
This article shall not apply to or affect any
public park or recreation area owned by the County of Cape May unless
the Board of Chosen Freeholders of the County of Cape May shall adopt
a resolution accepting the regulations contained in this article and
authorizing the Township of Middle to enforce this article in any
public park or recreation area owned by the County of Cape May.
[Amended 4-5-1990 by Ord. No. 720-90]
The violation of any of the provisions of this
article shall, upon conviction, be punishable by one or more of the
following: imprisonment not to exceed 90 days or a fine not to exceed
$1,000 or a period of community service not to exceed 90 days.
[Added 5-15-2023 by Ord. No. 1670-23]
Violation of this Article I constitutes a breach of the peace.
