As used in this article, the following terms
shall have the meanings indicated:
DIRECTOR
The Director of Community Services.
[Amended 5-23-2000 by Ord. No. 00-19; 6-15-2004 by Ord. No.
04-34]
GROUP
Four or more persons.
PARK
A park, reservation, playground, recreation center or any
other area in the Township owned or used by the Township and devoted
to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
SMOKE
The gases, particles, or vapors released into the air as
a result of combustion, electrical ignition or vaporization, when
the apparent or usual purpose of the combustion, electrical ignition
or vaporization is human inhalation of the by-products. The term "smoke"
includes, but is not limited to, tobacco smoke, and marijuana smoke.
[Added 4-29-2014 by Ord.
No. O-14-013]
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette of any kind; pipe, or
any other device which contains tobacco or any other matter that can
be smoked.
[Added 4-29-2014 by Ord.
No. O-14-013]
TOWNSHIP
The Township of Montclair in the County of Essex.
VEHICLE
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer-in-tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the Township parks.
[Amended 2-7-2012 by Ord. No. O-12-01]
A. 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.
(1) 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:
(a)
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.
(2) Standards for issuance. The Director or his or her
duly authorized representative shall issue a permit if he or she finds:
(a)
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.
(3) 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.
(4) Liability of permittee. The person or persons to whom
a permit is issued shall be liable for any 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.
(5) Revocation. The Director or his or her duly authorized
representative shall have the authority to revoke a permit upon a
finding of violation of any rule or ordinance or upon good cause shown.
Revocation of a permit may be grounds for denial of future permits.
B. Enforcement. The Director or his or her duly authorized
representative shall, in connection with his or her duties imposed
by law, diligently enforce the provisions of this article.
C. Ejection from park. The Director or his or her duly
authorized representative shall have the authority to eject from the
park any persons acting in violation of this article.
D. Seizure of property. The Director or his or her duly
authorized representative shall have the authority to seize and confiscate
any property, thing or device in the park or used in violation of
this article.
[Added 6-9-1981 by Ord. No. 81-29; amended 5-18-2021 by Ord. No. O-21-11]
A. No person,
except an employee of the Township of Montclair engaged in the performance
of his or her duty or a person attending a Township-sponsored event,
shall be within a park between the hours of 10:00 p.m. and 6:00 a.m.,
except under a permit duly issued as provided herein. In addition,
Carey's Woods in Nishuane, the Mountainside Nature Center Trail and
the Alonzo F. Bonsal Wildlife Preserve shall all close at sundown.
B. The portion
of Rand Park designated as a skate park shall be open for use on all
days throughout the entire year between the hours of 9:00 a.m. and
8:00 p.m.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
A. Any person
who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment
in the county/municipal jail for a term not exceeding 90 days, or
a period of community service not exceeding 90 days, or any combination
thereof as determined by the Municipal Court Judge. Each day on which
a violation of an ordinance exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the Municipal Court Judge
may determine.
B. Each incident
of smoking in violation of this article is an infraction subject to
a fine of $250 for the first offense and $500 for each subsequent
offense.
[Added 4-29-2014 by Ord.
No. O-14-013]