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.
[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 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.