[Adopted 6-26-1980 by (Ch. 35, Art.
I, of the 1969 Code)]
This article shall regulate conduct in all public
parks and recreational areas in the Township of Colts Neck, with the
exception of the Freer Nature Preserve. Because of the special conditions
existing in the Freer Nature Preserve, a separate ordinance shall
be adopted concerning conduct in and use of the Freer Nature Preserve.[1]
A.
While in the public parks and/or recreation areas
regulated by this article in the Township of Colts Neck, all persons
shall conduct themselves in a proper and orderly manner; and, in particular,
no person shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, paving or paving materials, 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 material 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 onto, upon or across such lands, except upon 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 grass 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, railings, fences or upon any other property not designated
or customarily used for such purpose.
(7)
Lead, walk, mount or ride any horse within the parks
or recreational areas, except in those places that have been specially
designated for horses.
(8)
Tie or hitch an animal to any plant or tree.
(9)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall he or she remove or have in his or her possession
the young of any wild animal or the eggs or nest or young of any reptile
or bird. An exception to the foregoing is made in that snakes known
to be deadly, poisonous or deadly reptiles may be killed on sight.
(10)
Throw, discharge or otherwise place or cause
to be placed in the waters of any pond, lake, brook or stream in or
adjacent to any park or any tributary system or storm sewer or drain
flowing into any such water any substance, matter or thing, liquid
or solid, which will or may result in the pollution of said waters.
(11)
Bring into, dump in, deposit or leave within
the public park or recreational area any empty bottles, broken glass,
ashes, paper boxes, cans, dirt, rubbish, waste, garbage or refuse
or other trash. In addition, no such refuse or trash shall be placed
in any waters in or contiguous to any park or recreational area, or
left anywhere on the grounds thereof. All such refuse and/or trash
shall be placed in the proper receptacles where those are provided.
In those places where receptacles are not provided, all such rubbish,
trash or waste shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
(12)
Drive any vehicle on any area except the paved
park roads or parking areas or such areas as may, upon occasion, be
specifically designated as temporary areas.
(13)
Park a vehicle in other than an established
or designated parking area, and such parking shall be in accordance
with posted directions thereat and/or with the instructions of any
attendant who may be present.
(14)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park area.
(15)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available. In addition,
no person shall leave a bicycle lying on the ground or paving or set
against trees or in any other place or position where other persons
may trip over or be injured by them.
(16)
Ride a bicycle without reasonable regard to
the safety of others.
(17)
Swim or bathe or wade in any waters or waterways
in or adjacent to any park.
(18)
Allow himself to be so covered or uncovered
with a bathing suit so as to indecently expose his or her person.
(19)
Dress or undress in any park or in any vehicle,
toilet or other place.
(20)
Appear in any place in other than proper clothing.
(21)
Bring into or operate any boat, raft or other
watercraft, whether motor-powered or not, upon any waters, except
at places designated for boating. Such activity shall be in accordance
with applicable regulations as are now or hereafter may be adopted.
(22)
Navigate, direct or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupants of any other boat.
(23)
Launch, dock or operate any boat of any kind
on any water between the closing hour of the park at night or opening
hour of the park the following morning; nor shall any person be on,
remain on or in any boat during said closed hours of the park.
(24)
No person shall carry or possess firearms of
any description or air rifles, spring guns, bows and arrows, slings
or any other forms of weapons potentially inimical to wildlife and
dangerous to human safety or any other instrument that can be loaded
with and fire blank cartridges or any kind of trapping device. Shooting
into park areas from beyond the park boundaries is forbidden.
(25)
Have in his or her possession or set or otherwise
cause to explode or discharge or burn any firecrackers, torpedo rockets
or other fireworks, firecrackers or explosives of flammable material
or discharge them or throw them into any such area 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 Township Committee, permits may be given
for conducting properly supervised fireworks in designated park areas
at times to be set by resolution of the Township Committee.
(26)
Picnic or lunch in a place other than those
places designated for that purpose.
(27)
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 an unreasonable time if the facilities are crowded.
(28)
Build or attempt to build a fire except in such
areas and under such regulations as may be designated; no person shall
drop or throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco paper or other flammable material within any park
or on any highways, roads or streets abutting or contiguous thereto.
(29)
Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal or 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.
(30)
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.
(31)
Bring alcoholic beverages into the park or drink
the same unless a permit is issued by the Township Committee of the
Township of Colts Neck.
(32)
Solicit alms or contributions for any purpose,
whether public or private.
(33)
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 a posted notice.
(34)
Gamble or participate in or abet any game of
chance except in such areas and under such regulations as may be designated
by the Township Committee.
(35)
Go onto the ice on any of the waters, except
such areas as are designated as skating areas, provided that a safety
signal is displayed.
(36)
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 breach the public peace.
(37)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(38)
Tack, staple, paste, glue or otherwise affix
any sign, placard, advertisement or inscriptions whatever; nor shall
any person erect or cause to be erected any sign whatever on any public
lands or highways or roads adjacent to a park.
[Amended 10-8-1997; 2-28-2007]
The parks and recreational areas within the
Township of Colts Neck regulated by this article shall be open throughout
the year from 6:00 a.m. to 9:00 p.m. or sunset (Eastern Standard Time),
whichever comes earlier, except as modified below:
A.
Except for unusual or unforeseen emergencies, the
park shall be open to the public every day of the year during the
hours designated herein.
B.
No person may, in any manner, enter upon, remain on
or use the parks and/or recreational areas at times other than those
designated herein.
C.
Any section or part of any park may be declared closed
to the public by the Township Committee at any time and for any interval
of time, either temporarily or at regular and stated intervals (daily
or otherwise), and either entirely or merely for certain uses.
D.
The Bucks Mill Community Center and adjacent parking
area shall be open until 11:00 p.m.
E.
Five Point Park shall open at 9:00 a.m. on school
days.
Permits for special events in parks shall be
obtained by making application to the Township Clerk in accordance
with the following procedure:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Township Clerk stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association 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
is desired.
(5)
Any other information which the Township Clerk shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Township
Clerk 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 the public health,
welfare, safety and recreation.
(3)
That the proposed activities or uses that are reasonably
anticipated will not induce violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police protection.
(5)
That the facilities desired have not been reserved
for use at the date and hour requested in the application.
C.
Within seven working days after receipt of an application,
the Township Clerk shall apprise an applicant, in writing, of his
or her reasons for refusing a permit, and any aggrieved person shall
have the right to appeal within five days of said refusal to the Township
Committee by serving written notice thereof. Such written notice shall
specify the ground or grounds upon which such applicant believes that
a permit should have been issued.
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 permit.
E.
The person or persons to whom the permit is issued
shall be liable for all 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. The Township Committee 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 by the Township Committee.
F.
The Township Clerk shall have the authority to revoke
a permit upon finding of violation of any rule or ordinance or upon
good cause shown.
[Amended 3-28-1985]
A.
The State Police of the State of New Jersey and the
Colts Neck Township Police, including Special Police, as authorized
from time to time by resolution of the Township Committee, shall,
in connection with their duties imposed by law, diligently enforce
the provisions of this article.
B.
The New Jersey State Police and the Colts Neck Township
Police, including Special Police, as authorized from time to time
by the Township Committee, shall have the authority to eject from
the park area any person or persons acting in violation of this article.
C.
The New Jersey State Police and the Colts Neck Township
Police, including Special Police, as authorized from time to time
by resolution of the Township Committee, shall have the authority
to seize and confiscate any property, thing or device in the park
or used in violation of this article.
[Amended 10-8-1997; 3-8-2006]
Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged property and shall be punishable as provided in § 1-9 of this Code.
No provision of this article shall make unlawful
any act necessarily performed by any officer or employee of the Township
of Colts Neck in the line of his or her duty or work as such or by
any person, his or her agent or employees in the proper and necessary
execution of the terms of any agreement with the Township of Colts
Neck.
