[Adopted 7-31-1980 by (Ch. 35, Art.
II, of the 1969 Code)]
This article shall regulate conduct in the Freer
Nature Preserve. Because of the delicate ecological balance of the
Freer Nature Preserve, it is intended that the park primarily be utilized
by those groups and persons who are interested in the study and enjoyment
of nature.
A.
While in the Freer Nature Preserve, all persons shall
conduct themselves in a proper and orderly manner; and, in particular,
no person shall:
(1)
Dig or remove any soil, rock, sand, stones, trees,
shrubs or plants or other wood or material or make any excavation
by tool, equipment or any other means or agency.
(2)
Construct or erect any structure of whatever kind,
whether permanent or temporary, or run or string any public service
utility line onto, upon or across such lands.
(3)
Damage, carve, transplant or remove any tree or plant
or injure the bark or pick flowers or seeds of any tree or plant,
dig in or otherwise disturb grass areas or ground cover or fungi or
fruiting bodies or in any other way injure the natural beauty or usefulness
of any area.
(4)
Climb any tree or walk, stand or sit upon monuments,
railings, fences or upon any other property not designated or customarily
used for such purpose. The prohibition against sitting on railings
or fences shall pertain to all fences and railing in the Freer Nature
Preserve, including but not limited to those bordering the tract as
well as those protecting the slopes.
(5)
Lead, walk, mount or ride any horse within the area
of the Freer Nature Preserve.
(6)
Tie or hitch any animal to any plant or tree.
(7)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, shoot or throw missiles at any animal, wildlife, reptile or
bird; nor shall any person 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.
(8)
Deface, destroy or remove any fencing, railings, signs,
trail markers, log seats or any other structures within the Freer
Nature Preserve.
(9)
Throw, discharge or otherwise place or cause to be
placed in the waters of any pond, lake, brook or stream in or adjacent
to the Freer Nature Preserve any substance, matter or thing, liquid
or solid, which will or may result in the pollution of said waters.
(10)
Bring into, dump in, deposit or leave within
the Freer Nature Preserve any empty bottles, empty food containers,
broken glass, paper boxes, cans, rubbish, waste, garbage, refuse or
other trash.
(11)
Drive any vehicle, whether or not motorized,
and including but not limited to bicycles, mopeds, motorcycles, motorbikes,
etc., into or upon the Freer Nature Preserve.
(12)
Carry or possess firearms of any description
or any other weapon, including but not limited to handguns, rifles,
bows and arrows, axes, hatchets, saws, penknives, air rifles or spring
guns 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.
(13)
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, explosives of flammable material
or discharge them or throw them into the Freer Nature Preserve from
lands or roadways adjacent thereto.
(14)
Picnic or lunch or otherwise consume food in
the Freer Nature Preserve.
(15)
Build or attempt to build a fire in any place
in the Freer Nature Preserve.
(16)
Smoke cigarettes, cigars or pipes within the
Freer Nature Preserve; and no person shall light, drop, throw or otherwise
scatter matches or other flammable devices and/or material within
the Freer Nature Preserve.
(17)
Bring alcoholic beverages into the Freer Nature
Preserve or drink the same.
(18)
Solicit alms or contributions for any purpose,
whether public or private.
(19)
Enter an area posted as closed to the public
or walk on any slopes or embankments.
(20)
Walk on, enter upon or tread on areas other
than marked trails and unobstructed paths.
(21)
Gamble or participate in or abet any games of
chance.
(22)
Sleep or protractedly lounge on the seats or
benches or other areas within the Freer Nature Preserve 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.
(23)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(24)
Tack, staple, paste, glue or otherwise affix
any sign, placard, advertisement or inscription whatever on any tree,
plant, shrub or other property within the Freer Nature Preserve.
(25)
Bring, allow or suffer a dog to enter the Freer
Nature Preserve unless under leash and controlled by an adult person.
(26)
Enter or leave the Freer Nature Preserve in
a location other than the entrance and exitway specifically designated
adjacent to Creamery Road.
The Freer Nature Preserve shall be open throughout
the year between sunrise and sunset of each day.
A.
No person may, in any manner, enter upon, remain on
or use the Freer Nature Preserve at times other than those designated
herein.
B.
Any section or part of the Freer Nature Preserve may
be declared closed to the public by the Colts Neck 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.
All children under the age of 14 years must
be accompanied by a responsible adult when entering into or in any
manner utilizing the Freer Nature Preserve.
Permits for special events in the Freer Nature
Preserve, including permits for educational groups, shall be obtained
by making application to the Township Clerk in accordance with the
following procedure:
A.
Any group seeking a permit to utilize the park shall
not exceed 15 students or children under the age of 14 years per each
adult guide. Not more than two such groups as herein defined may utilize
the Freer Nature Preserve at the same time.
B.
A person seeking issuance of a permit pursuant to
this article 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)
Any other information which the Township Clerk shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
C.
Standards for issuance of a permit by the Township
Clerk include the following findings:
(1)
That the proposed activity or use of the Freer Nature
Preserve will not unreasonably interfere with or detract from the
general public enjoyment of the park.
(2)
That the proposed activity or use of the preserve
will not unreasonably threaten the delicate ecological balance existing
in the Freer Nature Preserve.
(3)
That the proposed activity or use will not unreasonably
interfere with or detract from the promotion of the public health,
welfare, safety and recreation.
(4)
That the facilities desired have not been reserved
for use at the date and hour requested in the application.
D.
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 such 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.
E.
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.
F.
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 Clerk shall have
the authority to revoke a permit on finding a 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 the 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 the Special Police, as authorized from time to time
by the Township Committee, shall have the authority to eject from
the Freer Nature Preserve any person or persons acting in violation
of this article.
C.
The New Jersey State Police and the Colts Neck Township
Police, including the 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 preserve
which is 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.
