[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 21 of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 113.
Animals — See Ch. 121.
Block parties — See Ch. 137.
Entertainment and shows — See Ch. 203.
Municipal facilities — See Ch. 209.
Noise — See Ch. 337.
Parades and Processions — See Ch. 355.
No person shall, in any public park in the city:
A. 
Climb upon, cut, break, injure, deface or remove any wall, fence, equipment, shelter, seat, structure, statue or other erection, turf, tree, shrub or other plant or flower.
B. 
Throw stones or other missiles.
C. 
Tell fortunes.
D. 
Utter loud, threatening, abusive or indecent language.
E. 
Commit any indecent or obscene act.
F. 
Annoy another person.
G. 
Act in a disorderly manner.
H. 
Fish in any waters.
I. 
Disturb or annoy any birds or animals.
J. 
Send or throw or place any animal or thing in or on the waters.
Except by authority of the Department of Public Works, Division of Parks, and subject to its rules and regulations, no person shall, in any public park in the city:
A. 
Discharge or carry any firearm, firecracker, torpedo or fireworks.
B. 
Make a fire.
C. 
Preach or make any harangue or oration or public address.
D. 
Play a musical instrument.
E. 
Play, engage or take part in any organized game or competitive sport unless such activity has been authorized by the Department of Public Works, Division of Parks.
F. 
Bathe in any water.
G. 
Move in a military or civic parade, drill or procession.
H. 
Offer or expose articles for sale.
I. 
Post or display any sign, placard, target, transparency, advertisement or any device of business.
J. 
Solicit business or alms.
K. 
Go upon turf areas when and where "Keep Off" signs or like signs are posted. No activity shall be permitted on turf areas which is deemed by the Superintendent of Parks to be injurious to the turf.
A. 
No quadrupeds shall be permitted to enter upon or remain in any of the public parks of the city except:
(1) 
Those placed in the park by the Division of Parks.[1]
[1]
Editor's Note: Former Subsection A(2), concerning dogs when controlled by a leash not more than six feet in length, which immediately followed this subsection, was repealed 9-8-1998 by Ord. No. 98-064. This ordinance was vetoed by the Mayor but overridden by vote of the Council on 9-22-1998.
B. 
No person shall permit, suffer or allow any animal, domestic or otherwise, the weight of which exceeds two hundred (200) pounds, to enter, walk, run, graze, exercise or otherwise venture forth on any publicly owned park lands of the city. The provisions of this Subsection B shall not apply to animals being on any publicly owned park lands in conjunction with a bona fide municipal activity or a special event for which the proper permits have been otherwise obtained.
No person shall enter or leave any public park except through an entrance or exit established by the Division of Parks.
A. 
The Director of Public Works is hereby authorized and directed to install and construct slow-down bumpers on the public roads in Eastside Park.
B. 
The Director of Public Works shall further determine the actual location and the number of slow-down bumpers to be installed and the type thereof.
A. 
No person shall be or remain or loiter in any public park between the hours of 10:00 p.m. and 9:00 a.m. with the exception of the following:
[Amended 5-24-1988 by Ord. No. 88-015; 11-22-1988 by Ord. No. 88-041; 9-14-2004 by Ord. No. 04-073]
(1) 
Those persons playing baseball on a designated ball field in a Paterson park as part of a regulated baseball league shall be prohibited from playing baseball between the hours of 10:50 p.m. and 8:00 a.m. All lights provided at designated baseball fields within Paterson parks shall be turned off at 11:00 p.m.
(2) 
Westside Park shall be opened to members of the public between the hours of 9:00 a.m. and 10:00 p.m. on weekdays and Saturdays and the hours of 9:00 a.m. and 10:00 p.m. on Sundays. At all other hours, subject to the exception set forth in Subsection A(1) above for a closing hour of 10:50 p.m. and lights off time of 11:00 p.m. for persons playing baseball on a designated ball field in Westside Park as part of a regulated baseball league, Westside Park shall be closed to the public.
(3) 
The parks are open to the public at 5:00 a.m. for activities that are not noise-generating, such as reading, walking and jogging.
B. 
No person shall play basketball in Wrigley Park on Sunday between the hours of 7:00 a.m. and 2:00 p.m.
[Amended 9-14-2004 by Ord. No. 04-073]
C. 
The provisions of Subsection A of this section shall not apply to:
(1) 
Members of the police force.
(2) 
Park officials.
(3) 
Other city officials or employees while on duty or performing their respective duties in any park.
D. 
Any and all public roads in city parks may be closed to the public at any time for reasons of an emergency, after proper posting, by authorization of the Director of Public Works or his designee.
E. 
The Parks Division may waive the provisions of Subsection A and fix the closing hour for a specific occasion or a special event when it has been authorized and approved by the Director of Public Works or his designee. Any person remaining after the termination of the event shall be properly warned and, if failing to comply, shall be considered in violation of this chapter.
F. 
Exception is made for transient vehicular traffic on the transient roads of Eastside and Westside Parks, at all hours so long as vehicles keep moving. Stopping and parking of vehicles after closing hours shall be strictly prohibited.
Whenever it shall be deemed necessary for the protection of life or property, park officials and keepers of parks may require that all persons refrain from occupying or move from any designated prohibited areas in any public parks.
[Amended 5-15-1984 by Ord. No. 84-051; 4-25-1995 by Ord. No. 95-025]
As used in this chapter, the following terms shall have the meanings indicated:
SPECIAL EVENT
Includes but is not limited to athletic events, picnics and other gatherings not governed by Chapter 355, Parades and Processions.
[Added 5-15-1984 by Ord. No. 84-051]
A. 
In order to ensure the availability of all park and recreational facilities to the greatest number of persons, no organized group, and no unorganized group consisting of more than fifty (50) persons, shall use any area or facilities within any park or recreational area without first obtaining a permit as provided herein. Other persons desiring to reserve a park area or facility for a stated time may, at their option, apply for a permit for this purpose.
B. 
Permits for special events or use of particular areas or facilities of a park or recreational area shall be granted by the Coordinator of Recreation after submission and review of an application in accordance with the procedures contained herein.
[Amended 4-25-1995 by Ord. No. 95-025]
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
An applicant seeking a special events permit shall file an application with the Division of Recreation no later than fourteen (14) days before the scheduled event. The application shall include but not be limited to the following:
A. 
The name and address of the applicant.
B. 
The name and address of person, persons or organization sponsoring the event; if a corporation or other organization is sponsoring the event, then the name and address of the president and secretary of the organization and the relationship of the applicant to said organization.
C. 
The date and time for which the permit is desired.
D. 
The recreation area, park or portion thereof for which such permit is desired.
E. 
The activity to be undertaken or the reason for the application.
F. 
The number of persons anticipated to participate.
G. 
If said event is a spectator sport or event, the number of spectators anticipated.
H. 
Whether liquor will be served or consumed on the premises.
I. 
Whether an admission will be charged and, if so, how much.
J. 
Whether the event is open to the general public and, if so, what group or groups are anticipated to attend.
K. 
Any other information which the Division of Recreation shall find reasonably necessary to make a fair determination as to whether a permit should be issued hereunder.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
Standards for issuance of a use permit by the Division of Recreation shall include but not be limited to the following findings:
A. 
That the proposed activity or use of the park or other recreational area will not unreasonably interfere with or detract from the general public enjoyment of the facility in question.
B. 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion and maintenance of public health, welfare, safety and recreation.
C. 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or other disorderly conduct.
D. 
That the proposed activity or use will not entail extraordinary effort or unduly burdensome expense by the city.
E. 
That any fees assessed participants or contributions collected will be used solely for the purpose of offsetting or equaling the organization's reasonable expenses which will be incurred. The Coordinator of Recreation may require the applicant to provide receipts or other documentation to enable him to verify that this section of this chapter was complied with.
F. 
That the facilities desired have not already been reserved for another use at the date and time requested in the application.
G. 
That the applicant has supplied any necessary information required by this chapter, including but not limited to evidence of liability insurance and a cash bond.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
All permits issued pursuant to this chapter shall be conditioned on the following:
A. 
The permittee shall be bound by all of the recreational facility's rules and all applicable ordinances.
B. 
The person, persons or organization to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person, whether a participant or a spectator at the event. The Division of Recreation shall require the applicant to enter into a hold-harmless agreement, which shall provide that the applicant shall agree to save and hold the city harmless of and from any and all obligations and liabilities which may arise, whether from the use of and/or the failure to maintain the facilities which represent the subject matter of the application. The applicant shall further agree, as part of those provisions, to save and hold harmless the city, to defend at his or her own cost and expense any such claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise accrue against the city. The Division of Recreation shall further require that prior to the issuance of a permit or commencement of the activity, the applicant shall submit evidence of liability insurance which shall include the City of Paterson as an additionally insured party and shall cover injuries to any person arising out of such permitted activities and in such amounts as shall be determined by the Division of Recreation in accordance with the following provisions. Where the number of people anticipated at the event, including participants, is eleven (11) to fifty (50), the amount of insurance required by the Division of Recreation shall be not less than twenty-five thousand dollars ($25.000.). Where the number of people anticipated at the event, including participants, is greater than fifty (50), the amount of insurance required by the Division of Recreation shall be not less than fifty thousand dollars ($50,000.). Where the use of any city pool is requested, then the amount of insurance required shall not be less than one hundred thousand dollars ($100,000.), regardless of the number of participants anticipated. The following are some additional factors which shall be considered by the Division of Recreation as grounds to raise the amount of insurance required from the amounts stated above:
(1) 
Where the serving or consuming of alcohol is anticipated at the event.
(2) 
Where the event is open to the general public and not limited to the members of the organization or group sponsoring the event.
C. 
The applicant shall have the right to appeal the imposition of the above insurance requirements in accordance with the provisions of § 363-15 of this chapter.
D. 
The permittee shall maintain the park, recreational area or other facility by removing all trash or debris and restoring the area or facility to a condition equal to or better than its condition prior to the granting of the permit. In the event that special or extraordinary maintenance is required or additional costs are incurred by the city for a proposed use or activity, such costs shall be borne by the applicant.
E. 
No structure shall be erected or placed upon a city park or other recreational facility, nor shall any utility be installed, run or extended thereon, nor shall any alteration be made to any feature, facility or object, whether natural or man-made, unless so authorized in the permit issued by the Division of Recreation and then only in accordance with the stated requirements for such use or alteration.
F. 
All permits shall be available for inspection by any person authorized to enforce the provisions of this chapter or the rules and regulations promulgated therefrom.
G. 
No permit shall be valid except for the facilities, area and time expressly set forth therein.
H. 
Any other reasonable requirement, condition or restriction which the Division of Recreation shall authorize.
I. 
Every application for a permit shall be accompanied by the applicable permit fee in the amount prescribed by the Division of Recreation.
J. 
The Division of Recreation shall require a bond in a reasonable amount, not to exceed five hundred dollars ($500.), to ensure performance of the terms and conditions of the permit. In the alternative, the applicant may leave a deposit in cash or a certified check made payable to the city. The applicant's money shall be refunded after deducting the cost of necessary expenses incurred by the city in restoring the area in question to the same condition as it was in, at the time the permit was issued, reasonable wear and tear excepted and after deducting the cost of compensating city employees for their services which were rendered at the event in question. In no event shall any bond or other deposit be held for longer than thirty (30) days after the scheduled event. This section shall in no way limit the city's ability to pursue the applicant for liabilities pursuant to this chapter, in excess of the amount of the posted bond or other deposit. The Coordinator of Recreation may, for good cause and utilizing the standards set forth in this chapter, at the request of the applicant, waive the requirement of a bond or other deposit.
K. 
The Division of Recreation shall require the applicant to hire one (1) constable or other law enforcement officer for every one hundred (100) persons anticipated at the event, including participants, unless alcoholic beverages will be served, then the applicant shall hire one (1) constable or other law enforcement officer for every fifty (50) persons anticipated at the event, including participants. Applicants shall also file with their application a copy of the contract to hire said constable or other law enforcement officer.
L. 
Before issuing a permit, the Division of Recreation shall require each applicant to agree in writing to reimburse the city for any reasonable and foreseeable expenses the city incurs resulting from the activity stated in said permit, including but not limited to the services of city lifeguards.
M. 
The Division of Recreation shall not issue a permit to any individual, individuals or organization which unlawfully or unreasonably discriminate based on age, sex, race, creed, color, religion, national origin or sexual preference. In this regard, all applicants shall submit to the Division of Recreation a sample of any and all advertisements for said event, at least five (5) business days prior to said event.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
Alcoholic beverages shall not be consumed, served or otherwise dispensed at any city pool. At any other location, a special permit is required from the state in order to sell, dispense or serve alcoholic beverages, pursuant to N.J.A.C. 13:2-5.1 and § 113-22 of the Code of the City of Paterson. It is therefore a violation of this section to consume, sell, dispense or serve alcoholic beverages at any city pool at any time or at any other location without this permit. The application for this special permit may be picked up from the City Clerk's office and must be filed with the State's Division of Alcoholic Beverage Control at least two (2) weeks prior to the date of the event. A copy of that application shall also be filed with the Division of Recreation, along with the application for the special activity permit. The special liquor permit shall be prominently displayed at the event and shall be produced for inspection upon demand of any police officer or any other person authorized to enforce the provisions of this chapter.
[Added 5-15-1984 by Ord. No. 84-051]
Application for a permit shall be submitted to the Division of Recreation or its duly authorized representative. Action thereon shall be taken within a reasonable time in accordance with the rules and regulations of the Recreation Commission. If a permit is denied, the applicant shall be given written notice setting forth the reasons therefor.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
If an applicant wishes to appeal any action of the Division of Recreation in connection with an application for a special activities permit, including denial of a permit, imposition of a bond requirement, imposition of liability insurance, imposition of security requirement or forfeiture of a posted bond, the applicant shall have a right to appeal the decision to the City Council by serving written notice thereof on the City Clerk within five (5) days from receipt of notice of denial or other decision of the Division of Recreation or its duly authorized representatives, and the applicant shall also serve a copy of this notice on the Division of Recreation within the same time. The Division of Recreation shall immediately forward a copy of the application and the reasons for its refusal or other decision thereon to the City Council, which shall consider the application under standards set forth in this chapter. The City Council shall consider the appeal at its next regularly scheduled meeting, which shall be considered on the record without public hearing or further testimony, unless the applicant requests to confer with the City Council in the notice of appeal filed with both the City Clerk and the Division of Recreation and that request is granted by the City Council. The City Council shall then affirm, reverse or modify the decision of the Division of Recreation within thirty (30) days from the filing of the notice of appeal, in default whereof the appeal shall be considered denied. Written notice of the decision of the City Council upon any appeal shall be given to the applicant within ten (10) days thereof.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
The Division of Recreation shall have the authority to revoke a permit if the applicant, any person acting on his behalf or on the behalf of the organization sponsoring the event shall violate any of the provisions of this chapter or any rule, regulation or bylaw of the Division of Recreation or any of the restrictions, terms or conditions under which the permit was issued. In the event of such revocation, the applicant shall have the right to appeal to the City Council in the same manner and on the same terms set forth in § 363-15 above.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025]
The Division of Recreation or its duly authorized representatives, including the custodians, supervisors and assistants appointed by the Board, or any police officer or authorized constable shall be responsible for the enforcement of this chapter and the rules, regulations and bylaws of the Division of Recreation and shall have the authority to eject from any park or recreation area any person or persons acting in violation thereof and shall also have the authority to seize and confiscate any property, thing or device which is used or permitted to be in any park or recreational area in violation thereof.
[Added 5-15-1984 by Ord. No. 84-051; amended 4-25-1995 by Ord. No. 95-025; 12-19-1995 by Ord. No. 95-068; 2-8-2005 by Ord. No. 05-012]
Any person who violates any provision of this chapter, except as provided below, shall, upon conviction, be subject to a penalty of imprisonment for not more than 90 days, by a fine not exceeding $1,250 or by a period of community service for not more than 90 days, or any combination thereof, except that violations of § 363-6 are subject to punishment by payment of fines in the amount of $50. Fines for violation of § 363-6 are payable at the Violations Bureau without a court appearance. Costs of court of $30 will be imposed, consistent with New Jersey Court Rule 7:11-4 for all such payments. The Court may also order the replacement, repair, or restoration of any property damaged by such person, or, in the case of minor, his or her parent or guardian shall be liable for the replacement, repair or restoration of any property damaged by such minor.