City of Clifton, NJ Chapter 351 Parks and Playgrounds

[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 1 of Chapter 23 of the Revised Ordinances of the City of Clifton, New Jersey, 1960; amended in its entirety 12-18-1992 by Ord. No. 5608-92. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Department of Recreation — See Ch. 87.

Skating rinks — See Ch. 379.

Swimming and swimming pools — See Ch. 403.

§ 351-1 Purpose.

The purpose of this chapter is to establish rules and regulations for the protection, care and control of the public parks, playgrounds and recreation areas in the City of Clifton; to regulate the conduct of persons on or within such parks, playgrounds and recreation areas or using the facilities thereof; and to provide penalties for the violation of its provisions.

§ 351-2 Prohibitions.

A. It shall be unlawful for any person in a public park, playground or recreation area to:

(1) 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.

(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 or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.

(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 bark 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 missiles at, remove or have in his possession any animal, reptile or bird found within a City park nor disturb its habitat within a City park; or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or eggs so taken, except as may be specifically provided for and being in accordance with state/federal fish and game laws.

(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 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 dump in, 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 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 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 areas by the City of Clifton.

(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 said 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 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 purpose of swimming or bathing or congregate thereat when such activities are prohibited by the City of Clifton upon a finding that such use of the water would be dangerous or otherwise inadvisable.

(16) Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind, 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.

(17) 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 of Clifton. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.

(18) 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.

(19) Fish in any area where bathing is permitted.

(20) Shoot into park areas from beyond park boundaries. 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 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, except as may be specifically provided for, and being in accordance with state/federal fish and game laws.

(21) Picnic or lunch in a place other than those designated for that purpose. The City of Clifton shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

(22) Annoy another person or utter any profane, threatening, indecent or abusive language or act in a disorderly manner.

(23) 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 any unreasonable time if the facilities are crowded.

(24) Leave a picnic area 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.

(25) 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 house trailer, camp trailer, camp wagon or the like, except in those areas designated by the City of Clifton for those purposes.

(26) 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. The playing of rough or comparatively dangerous games, including but not limited to football, baseball, soccer, street hockey and lacrosse, is prohibited, except on the fields and/or courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designated for such pastime.

[Amended 8-19-1994 by Ord. No. 5694-94]

(27) Ride a horse except on designated bridle trails, where permitted. Horses shall be thoroughly broken, properly restrained and ridden with due care and shall not be allowed to graze or go unattended nor shall they be hitched to any rock, tree or shrub.

§ 351-3 Conduct.

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:

A. Bring alcoholic beverages or drink same at any time, nor shall any person be under the influence of intoxicating liquor in a park.[1]

[1] Editor's Note: See also Ch. 137, Alcoholic Beverages, Art. II, Consumption in Public.

B. 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 or 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 City of Clifton, permits may be given for conducting properly supervised fireworks in designated park areas.

C. Be responsible for the entry of a dog or other domestic animal into areas clearly marked by signs bearing the words "Domestic Animals Prohibited in this Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length.

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

E. Drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable materials within any park or on any highways, roads or streets abutting or contiguous thereto.

F. 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.

G. Gamble, participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the City of Clifton.

H. Go onto the ice on any of the waters, except such areas as are designated as skating fields and provided a safety signal is displayed.

I. Upon request, fail to produce and exhibit any permit from the City of Clifton he claims to have to any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

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

K. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the City of Clifton.

L. 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 park lands or highways or roads in any park.

§ 351-4 Public use and availability of park and recreation areas.

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 from time to time by resolution of the City of Clifton.

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.

§ 351-5 Permits for special events.

Permits for special events in parks shall be obtained by application to the City of Clifton in accordance with the following procedures:

A. A person seeking issuance of a permit hereunder shall file an application with City of Clifton stating:

(1) The name and address of the applicant.

(2) The name and address of the person(s), corporation(s) or association(s) 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 desired.

(5) Any other information which the City of Clifton shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.

B. Standards for issuance of a use permit by the City of Clifton 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 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 or burdensome expense of police operation by the City of Clifton.

(5) That the facilities desired have not been reserved for other use at the date and hour requested in the application.

C. The City of Clifton shall apprise an applicant in writing of its reasons for refusing a permit, and an aggrieved person shall have the right to appeal to the City of Clifton by serving written notice thereof on the City Clerk within five days of said refusal.

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 by reason of the negligence of the person or persons to whom such permit shall have been issued. The City of Clifton 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 prior to the commencement of any activity or issuance of any permit, as well as any other insurance or indemnification as determined by the City of Clifton.

F. Permits shall be required for all organized play to take place on any ballfields, tennis courts, basketball courts or any other recreational areas under the control of the City of Clifton. Unauthorized individuals utilizing the aforesaid areas during hours when permits have been issued by the City of Clifton are subject to removal.

[Added 10-4-1994 by Ord. No. 5701-94[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection F, Revocation, as Subsection G.

G. Revocation. The City of Clifton shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.

§ 351-6 Enforcement; authority.

A. The City of Clifton, by and through its agents and employees, shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.

B. The City of Clifton, by and through its agents and employees, shall have the authority to eject from the park area any person or persons acting in violation of this chapter.

C. The City of Clifton, by and through its agents and employees, shall have the authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter.

D. This chapter shall be enforced by the City of Clifton Police Department.

§ 351-7 Agreements with Board of Education.

The City of Clifton reserves the right, with respect to any or all of the public park and recreation areas and any facilities located therein, to enter into any agreement with the Board of Education of the City of Clifton concerning the control and use thereof and, anything contained in this chapter to the contrary notwithstanding, any use of said premises or said facilities by the Board of Education pursuant to any agreement with the City of Clifton or hereafter entered into shall be exempt from the terms of this chapter.

§ 351-8 Violations and penalties.

Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both.