[Adopted 4-10-1986 by Ord. No. 2-86]
A.
BALL FIELD
BOARD OF EDUCATION
BOROUGH
NONRESIDENT ASSOCIATION
PARK
PERSON
RESIDENT ASSOCIATION
VEHICLE
Definitions. For the purposes of this article, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
That part of the park area designated for playing all kinds
of ball games.
The Board of Education of the Borough of Upper Saddle River.
The Borough of Upper Saddle River.
Any group, association or organization that is not a resident
association.
A park, playground, recreation center or any other land in
the Borough owned or used by the Borough and/or Board of Education
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any group, association or organization whose membership consists
of more Borough residents than nonresidents.
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 Borough parks.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
[Amended 2-12-2003 by Ord. No. 1-03]
Activities conducted by the Board of Education,
or supervised by school administrators or teaching personnel requiring
the use of the parks, shall be given preference in the use of any
ball field, recreational or picnic area thereon. The use of the parks
for such activities shall not require the issuance of a special permit
but shall be acknowledged as reserved for the Board of Education for
such activity, so indicated on an appropriate calendar kept by the
Borough Clerk, upon written notification by the Board of Education
or school administrator two weeks prior to such intended use.
All parks, playgrounds and other public places shall be open for the use of the public between the hours of sunrise and sunset and shall not be used by any person between the hours of sunset and sunrise unless a permit is obtained for such use in accordance with the provisions hereinafter set forth in § 98-8.
No person in any park shall:
A.
Buildings and other property:
(1)
Disfiguration and removal: Willfully mark, deface,
disfigure, cut, write upon, injure, tamper with or displace or remove
any building, monument, memorial, bridge, table, bench, fireplace,
railing, paving or paving material, waterlines or other public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, stakes, posts or other boundary markers or
other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
(2)
Restrooms and washrooms: Fail to cooperate in maintaining
restrooms and washrooms in a neat and sanitary condition. No person
over the age of six years shall use the restrooms and washrooms designated
for the opposite sex.
(3)
Removal of natural resources: Dig or remove any soil,
rock, stones, down timber or any other wood or materials or make any
excavation by tool, equipment, blasting or other means or agency.
(4)
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 by special written permit issued hereunder.
B.
Trees, shrubbery, lawns.
(1)
Injury and removal: Damage, cut, carve, transplant
or remove any tree or plant or injure the bark or pick the flowers
or seeds of any tree, plant or flower or attach any rope, wire or
other contrivance to any tree or plant, dig in or otherwise disturb
grass areas, or in any way injure or impair the natural beauty or
usefulness of any area.
(2)
Climbing trees, etc.: Climb any tree or walk, stand
or sit upon monuments, vases, fountains, railings, fences, flower
boxes or upon any other property not designated or customarily used
for such purposes.
(3)
Riding or hitching of animals: Tie or hitch a horse,
dog or other animal to any tree or plant or ride or lead a horse on
any ball field, grass or landscaped areas.
C.
Wild animals, birds and reptiles.
(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 his possession the young of any wild animal
or the eggs or nest or young of any bird or reptile except that snakes
known to be deadly poisonous, such as rattlesnakes, copperheads and
other deadly reptiles, may be killed on sight.
(2)
Give, offer or attempt to give any animal or bird
any tobacco, alcohol or other known noxious substances.
D.
Behavior:
(1)
Sell, display, vend or peddle or offer to sell or peddle goods or wares except by special permit as provided in § 98-8.
(2)
Conduct exhibitions, speeches or entertain in any manner so as to invite the attention of the public except by special permit as provided in § 98-8.
(3)
Bet, gamble or game in any manner with playing cards,
dice or animals.
(4)
Fight, engage in disruptive or boisterous conduct
or incite others to engage in disruptive or boisterous conduct.
(5)
Bring or drink alcoholic beverages at any time in any park except within designated areas on occasions for which a permit has been obtained as provided in § 98-8.
(6)
Utter abusive, indecent or profane language.
(7)
Solicit alms or contributions for any purpose, whether
public or private.
(8)
Have possession of or set off or otherwise cause to
explode or discharge or burn any firecracker, torpedo, rocket or other
fireworks or explosives or flammable material, or discharge them or
throw them into any park area from land or highway adjacent thereto.
This prohibition includes any substance, compound, mixture or article
that in conjunction with any other substance or compound could be
dangerous from any of the foregoing standpoints.
(9)
Permit the running of dogs or other domestic animals
at large. All such animals shall be restrained at all times on adequate
leashes not greater than six feet in length.
(10)
Operate any engine-driven model airplane.
[Added 5-12-1988 by Ord. No. 6-88]
(11)
No person shall allow a licensed or unlicensed dog
to be present within any playground, playing field, or walking track,
including but not limited to the municipal tennis courts, baseball,
football, softball, lacrosse and soccer fields, or any area utilized
as a playground for small children where the ground is covered with
wood chips or other soft landing surface. Playground area, as referred
to herein, shall include an area for small children which may contain
swings, seesaws, or any similar type playground equipment.
[Added 6-11-2008 by Ord. No. 4-08]
(12)
Urinate or defecate within any park, playground, playing field, or
any area therein, except when using a toilet, urinal or commode located
in a restroom, bathroom or other structure enclosed from public view.
[Added 4-3-2014 by Ord. No. 2-14]
(13)
Swim or bathe within any park, playground, playing field, or any
area therein, including, but not limited to, swimming or bathing in
or upon any stream, river, pond or lake located within any such area
or contiguous to any such area.
[Added 8-11-2014 by Ord.
No. 7-14]
(14)
No
person shall use tobacco products related to smoking, including cigarettes,
cigars and pipe tobacco, or cannabis, marijuana, hashish, or any paraphernalia
associated therewith within any public park or playground, playing
field or any area therein. In addition, the use of vaping products,
JUUL®, and electronic smoking devices
shall also be prohibited within such areas.
[Added 7-7-2022 by Ord. No. 3-22]
No person in a park shall:
A.
Pollution of waters: 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 waters any substance
matter or thing-liquid or solid which will or may result in the pollution
of said waters; or cast, throw or deposit on the ice of any pond,
lake or stream any sticks, stones or other matter, solid or liquid,
that would tend to impair the ice or create a hazardous condition
for skating.
B.
Refuse and trash: Bring in or dump, litter, deposit
or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. Refuse or trash
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 be properly disposed of elsewhere according to law.
No person in a park shall:
A.
State motor vehicle laws apply: Fail to comply with
all applicable provisions of the state motor vehicles traffic laws
in regard to equipment and operation of vehicles, together with such
regulations as are contained in this and other Borough ordinances.
B.
Enforcement of traffic regulations: Fail to obey all
police officers.
C.
Speed of vehicles: Ride or drive a vehicle at a rate
of speed exceeding 20 miles an hour.
D.
Operation confined to roads: Drive any automobile
or other form of motor vehicle, motorcycle, mini-bike or moped other
than on a paved road or parking area, or such other areas as may on
occasion be specifically designated as temporary parking areas by
the Chief of Police.
E.
Parking:
(1)
Designated areas: Park a vehicle in other than a designated
parking area, and such use shall be in accordance with the posted
directions and/or with the instructions of any parking attendant.
(2)
Double parking: Double park any vehicle on any road
or park way unless directed by a police officer or park official.
(3)
Emergency procedure: Fail to notify immediately an
attendant of an emergency in the nature of a breakdown requiring the
assistance of a tow truck, mechanic or other person.
(4)
Muffler required: Fail to use a muffler adequate to
deaden the sound of the engine in a motor vehicle.
F.
Bicycles:
(1)
Confined to roads: Ride a bicycle on other than a
paved vehicular road or path designated for that purpose. A bicyclist
shall be permitted to wheel or push a bicycle by hand over any grassy
area or wooded trail or on any paved area reserved for pedestrian
use.
(2)
Operation: Ride a bicycle other than on the right-hand
side of the road paving as close as conditions permit, and bicycles
shall be kept in single file when two or more are operating as a group.
Bicyclists shall at all time operate their machines with reasonable
regard to the safety of others, signal all turns, pass to the right
of any vehicle they are overtaking, and pass to the right of any vehicles
they may be meeting.
(3)
Rider prohibited: No cyclist shall ride any other
person on a bicycle; except a child under the age of six may so ride
while seated in an appropriate child seat attached to the bicycle.
(4)
Designated racks: Leave a bicycle in a place other
than a bicycle rack when such is provided and there is a space available.
(5)
Leave a bicycle: Leave a bicycle lying on the ground
or paving or set against trees or in any place or position where other
persons may trip over or be injured by them.
[Added 7-9-1997 by Ord. No. 9-97]
A.
No person shall park a vehicle within Lions Park,
being designated as Block 801, Lot 3 on the Tax Assessment Map, unless
such vehicle has a parking permit in the form of a sticker affixed
to the window of the vehicle or a placard displayed on the dashboard
of the vehicle issued by the Borough.
[Added 4-4-2013 by Ord. No. 3-13]
A.
No person
shall park a vehicle within Hess Court Park, being designated as Block
807, Lot 6 on the Tax Assessment Map, unless such vehicle has a parking
permit in the form of a sticker affixed to the window of the vehicle
or a placard displayed on the dashboard of the vehicle issued by the
Borough.
B.
The requirements of Subsection A of this section shall not be applicable to any game, practice, or other event sponsored or approved by the Board of Recreation Commissioners or any entity affiliated with or approved by the Board of Recreation Commissioners.
[Added 9-5-2013 by Ord. No. 7-13]
A.
No person shall park a vehicle within or on the Tree Farm property,
being designated as Block 709, Lot 9, on the Tax Assessment Map, being
located at the northwesterly corner of Lake Street and West Saddle
River Road, unless such vehicle has a parking permit in the form of
a sticker affixed to the window of the vehicle or placard displayed
on the dashboard of the vehicle issued by the Borough.
B.
The requirements of Subsection A of this section shall not be applicable to any event approved by the Mayor and Council.
A.
Hunting and firearms. No person in a park shall hunt,
trap or pursue wildlife at any time. No person shall use, carry or
possess firearms of any description, or air rifles, spring guns, bows
and arrows, slings or any other form of weapon 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. Shooting into park areas from beyond park boundaries is forbidden.
Excluded from the foregoing definitions are starters use in connection
with any athletic or recreational event when used by authorized recreational
personnel.
B.
Horseback riding. Horseback riding is not permitted except that pony rides may be offered with a permit in accordance with the provisions of § 98-9.
C.
Picnic areas and use.
(1)
Regulated. Picnic, lunch or other refreshments shall
be eaten only in an area designated for that purpose.
(2)
Duty of picknicker. No person in a park shall make
or maintain a fire except in receptacles designated for such purposes,
or leave a picnic area before the fire is completely extinguished.
D.
Camping. No person in a park shall set up tents, shacks
or any other temporary shelter for the purpose of camping, nor shall
any person leave in a park any movable structure or special vehicle
to be used or that could be used for such purpose such as a house
trailer, camp trailer, camp wagon or the like.
E.
Barbecuing
and grilling. The use of barbecues and barbecuing-related equipment
and equipment for grilling shall be prohibited unless a permit has
been issued for a Borough- or community-approved event by the Recreation
Director and Fire Official. The use of barbecue equipment shall require
the approval of the Department of Health. Any person receiving a permit
for the use of such equipment shall be required to remove coals, ashes
and the remnants resulting from the barbecue and grilling equipment
from the park and all public areas.
[Added 7-7-2022 by Ord. No. 3-22]
A.
A large group may assemble in a park for any public or private purpose, provided that it has obtained a permit in accordance with the provisions of § 98-9.
B.
Any person, group, association or organization desiring the use of a Borough park for any public or private purpose not prohibited by this article shall obtain a permit from the Borough Clerk in accordance with the provisions of § 98-8.
C.
No person, persons or groups shall block the free
flow of pedestrians or vehicular traffic throughout walkways and roadways
within the limits of a park.
D.
It is understood that the right of peaceful use of
park privileges shall not be abridged or unreasonably withheld.
The following is the procedure for obtaining
a permit for use of a park:
A.
Application.
(1)
The person, group, association or organization desiring
the use of a park for any purpose for which a permit is required shall
submit to the Borough Clerk, at least two weeks before the intended
use, an application setting forth:
(a)
The name of the person, group, association or organization.
(b)
The address, if available.
(c)
The name, address and telephone number of the person
or persons who shall supervise the activity.
(d)
The date or dates and hour or hours of such activity.
(e)
Whether activities prohibited by this article without
a permit are intended.
(2)
The application shall be accompanied by a certificate
of insurance evidencing general public liability insurance having
combined limits of not less than $1,000,000. Such insurance shall
be maintained in effect until the completion of the activity.
[Amended 2-12-2003 by Ord. No. 1-03]
B.
Action and appeal. Within five business days, the
Borough Clerk shall approve or deny the requested permit in accordance
with the standards of this article. No permit shall be issued for
an activity that endangers the health, safety and general welfare
of the Borough. If a permit is denied, the applicant shall have the
right to appeal the denial to the Council at the next available public
meeting of the Council.
[Amended 5-8-1986 by Ord. No. 16-86]
C.
Calendar. The Borough Clerk, in cooperation with the
Board of Education, shall maintain a calendar of all permits issued
for the parks and shall not issue permits for conflicting activities
for the same dates and hours.
D.
Seasonal permits. Any person, group, association or
organization conducting a continuing seasonal activity in a park may
obtain a permit for the season, by submitting an application in accordance
with the provisions of this section. Preference in the issuance of
such permits shall be given to a resident association. A seasonal
permit issued to a nonresident association shall be subject to revocation
or suspension on two weeks' notice if a resident association applies
for and obtains any permit hereunder.
[Amended 9-8-1988 by Ord. No. 16-88]
For violation of any provision of this article, the maximum penalty shall be in accordance with § 1-15 of this Code.
[Added 3-31-2010 by Ord. No. 4-10]
The following fees shall be for the use of Borough facilities:
A.
Use of athletic fields and parks:
(1)
Borough-sponsored events: no fee.
(2)
Athletic groups under the Borough's Recreation Commission: no
fee.
(3)
Service groups for which the Borough provides liability insurance:
no fee.
(4)
Athletic groups from the Borough's elementary schools or Northern
Highlands Regional High School, Allendale: no fee.
(5)
Athletic groups, such as club teams, not under the Borough's
Recreation Commission: $50 per day per field, with a minimum of $250
and a maximum of $500 per athletic group for any three-month period.
(6)
For-profit corporations and businesses: $250 per day per field.
(7)
Nonprofit, religious, charitable or educational organizations
or institutions: $100 per day per field and/or park area for reserved,
exclusive use of the fields and/or park area; except that there shall
be no fee for such organizations or institutions for unreserved, nonexclusive
use of the fields, provided that the Recreation Director is informed
of dates and times of intended usage, and provided further that the
Recreation Director shall have discretion to deny such use.
(8)
An additional fee of $50 per day for the use of the field house
may be charged for all groups using the fields. A fee of $100 per
day may be charged for use of the field house without use of the field.
(9)
Security deposit for use of the field house: $500.
