Article I Park Regulations

Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridges, tables, benches, fireplaces, railings, paving 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.

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

Removal of natural resources. Dig or remove any soil, rock, stones, trees, shrubs or plants; down timber or other wood or materials; or make any excavation by tool, equipment, blasting or other means or agency.

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

Trees, shrubbery, lawns.

Injury and removal. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark or pick the flower or seeds of any tree or plant, or attach any rope, wire or other contrivance to any tree or plant, or dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

Climbing trees, etc. Climb any tree, or walk, stand or sit upon monuments, vases, fountains, railing or fences or upon any other property not designated or customarily used for such purposes.

Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.

Wild animals, birds, etc.[1]

Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird, nor remove or have in possession the young of any wild animal or the eggs or nest or young of any reptile or bird.

Fishing. Fish in any waters, whether by the use of a hook and line, net, trap or other device.

[1]

Editor's Note: See Ch. 82, Animals, Art. II, Wild or Nondomestic Animals.

Sanitation.

Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

Refuse and trash. Dump, 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 so 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.[2]

[2]

Editor's Note: See Ch. 292, Solid Waste, Art. IV, Garbage, Rubbish and Refuse.

Glass. Carry, use or possess any glass bottles or glass containers of any kind.

Traffic.[3]

Operation confined to roads. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Director or his or her duly authorized representative.

[3]

Editor's Note: See Ch. 327, Vehicles and Traffic.

Parking.

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

Recreational activities.

Bathing and swimming. Swim, bathe or wade in any waters in any park except in such waters and at such places as are provided therefor and in compliance with such regulations as are set forth by the Director or his or her duly authorized representative.

Boating. Bring into or operate any boat, raft or other watercraft weighing more than five pounds, whether motor-powered or not, upon any waters in any park.

Behavior. No person shall:

Intoxicating beverages; prohibition. No person, business or entity shall bring alcoholic beverages into any park or drink alcoholic beverages at any time in any park.

Notwithstanding anything contained herein to the contrary, the Mayor and Council of the Township of Montclair may permit by resolution the distribution and consumption of alcoholic beverages within an enclosed area with a regulated entrance, incidental to the approved use of any of the Township's parks, upon securing any license required by law, including the Alcoholic Beverage Commission.

Fireworks and explosives. Bring into any park or have in his or her possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives of flammable materials, or discharge them or throw them into any such area or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous.

Domestic animals. Be responsible for the entry of a dog or other domestic animal into any park except when restrained at all times on an adequate leash, or ride a horse in any park except on roadways or other designated areas.[4]

[4]

Editor's Note: See Ch. 82, Animals, Art. I, Dogs.

Alms. Solicit alms or contributions for any purpose, whether public or private.

(5)

Fires. Build or attempt to build a fire, or drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park area or on any highway, road or street abutting or contiguous thereto.

(6)

Closed areas. Enter an area posted as "Closed to the Public," or use or abet the use of any area in violation of posted notices.

(7)

Games of chance. Gamble or participate in or abet any game of chance.[5]

[5]

Editor's Note: See Ch. 166, Games of Chance.

(8)

Going onto ice. Go onto the ice on any of the waters except such areas as are designated as skating fields, and then only when safety signals are displayed.

(9)

Loitering and boisterousness. 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 a breach of the public peace.[6]

[6]

Editor's Note: See Ch. 127, Disorderly Conduct.

(10)

Exhibit permit. Fail to produce and exhibit any permit from the Director or his or her duly authorized representative he or she claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

(11)

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

(12)

Smoke:

In any public playground, recreation area, or park owned or operated by the Township.

(b)

On any of the following Township properties including both indoors and outdoors:

	647 Bloomfield Avenue
	205 Claremont Avenue
	219 North Fullerton Avenue
	54 Watchung Avenue

Merchandising, advertising, etc.[7]

Vending and peddling. Expose or offer for sale any service article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except a sale by a regularly licensed concessionaire acting by and under the authority and regulation of the Director or his or her duly authorized representative or a sale conducted during any parks, recreation and cultural affairs sponsored activity.

Advertising. Announce, advertise or call public attention in any way to any article or service for sale or hire.

Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever within any park, or, except pursuant to law or pursuant to a permit duly issued by the Township of Montclair, erect or cause to be erected any sign whatever on any public lands, highways or road adjacent to a park.[8]

[8]

Editor's Note: See Ch. 178, Handbills and Posters.

Notwithstanding anything contained herein to the contrary, the Mayor and Council of the Township of Montclair may permit by resolution vending, peddling, advertising, and signs related to the distribution and consumption of alcoholic beverages within an enclosed area with a regulated entrance, incidental to the approved use of any of the Township's parks, upon securing any license required by law, including the Alcoholic Beverage Commission.

[7]

Editor's Note: See Ch. 238, Peddling and Soliciting.

§ 234-3 Park operating policy.

[Amended 2-7-2012 by Ord. No. O-12-01]

Permits. A permit shall be obtained from the Director or his or her duly authorized representative for all organized sporting events or other group recreational activity.

Application. A person seeking issuance of a permit hereunder shall file an application with the Director or his or her duly authorized representative. The application shall state:

The name and address of the applicant.

(b)

The name and address of the person, persons, corporation or association sponsoring the activity, if any.

(c)

The day and hours for which the permit is desired.

(d)

The park or portion thereof for which such permit is desired.

(e)

An estimate of the anticipated attendance.

(f)

Any other information which the Director shall find reasonably necessary to make a fair determination as to whether a permit should be issued hereunder.

Standards for issuance. The Director or his or her duly authorized representative shall issue a permit if he or she finds:

That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.

(b)

That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

(c)

That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.

(d)

That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the Township.

(e)

That the facilities desired have not been reserved for other use at the day and hour required in the application.

(f)

That the proposed activity does not cause, suffer, allow or permit any sound production device to cause audible sound that unreasonably disturbs surrounding residential development.

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