[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-28-1985 by Ord. No. 1019]
This article is enacted to provide for the protection,
care and control of public parks and recreation areas in the Borough
and to regulate the conduct of persons using such facilities.
As used in this article, the following terms
shall have the meanings indicated:
Includes all public parks, playgrounds, recreation areas
and other facilities within the Borough and under the ownership of
the Borough or under the control and supervision of the Mayor and
Council of the Borough.
Any activity or event conducted, sponsored or organized by
a group other than the Borough Recreation Committee.
A.
The parks are for the enjoyment of Palisades Park
residents and the public, for any proper purposes, subject to the
restrictions set forth in this article.
[Amended 3-18-2003 by Ord. No. 1412]
B.
The use of parks by any person or persons shall be
subject to the prior right of use by the Borough Recreation Committee
while engaged in the actual conduct of its recreational programs.
A.
Any group or organization which desires the use of
any park for the purpose of conducting a specific program or activity
is required to obtain a specific permit for such purpose, obtainable
at the recreation office. Application for such use must be made at
least 14 days in advance of the scheduled program or activity and
must be approved by the Mayor and Council.
B.
The person or persons seeking issuance of such a permit
shall file an application, in writing, with the Mayor and Council
of the Borough of Palisades Park stating:
(1)
The name and address of the applicant.
(2)
The names and addresses of the person, persons, corporation
or association sponsoring the activities, if any.
(3)
The day and the hours for which the permit is desired.
(4)
The park or a portion thereof for which such permit
is desired.
(5)
A reliable estimate of the anticipated attendance.
(6)
The type of activity for which such permit is desired.
(7)
The anticipated age group of the expected participants.
(8)
The names and addresses of the adult persons who would
supervise and be responsible for the proposed activity.
(9)
Such other information as may be reasonably required.
C.
Issuance of a permit shall be made by the Mayor and
Council of the Borough of Palisades Park based on the following criteria
and may contain special conditions as appropriate:
(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 nature and character of the proposed activity
or use of the park are not reasonably anticipated to incite violence,
crime or disorderly conduct.
(3)
That the proposed activity or use of the park will
not entail extraordinary or burdensome expense of police operation
by the Borough.
(4)
That the park area or facility desired has not been
reserved for other use at the date and hour desired in the application
and that it does not conflict with any other activity of the Borough
Recreation Committee.
Any person aggrieved by the issuance or nonissuance
of a permit may appeal the decision to the Mayor and Council of the
Borough of Palisades Park within 10 days from the issuance of the
permit or rejection of the application.
The person or persons to whom any permit is
issued hereunder shall be fully liable for any and all loss, damage
or injury sustained by any person whatever by reason of the willful
misconduct or negligence of the person, persons or one of them to
whom such permit shall have been issued.
All persons obtaining a permit shall, in all
respects, be required to observe the conditions of this article and
any regulations promulgated pursuant hereto, as well as any special
conditions contained in the permit.
A.
Park hours. Except for emergencies or other special
reasons, the various parks in the Borough shall be open to the public
every day of the year during the hours of 9:00 a.m. to 8:00 p.m. The
opening and closing hours for each individual park shall be posted
therein and in the Municipal Building for public information and shall
be determined, from time to time, by resolution of the Mayor and Council.
[Amended 8-16-2005 by Res. No. 17]
B.
Maintenance of parks shall be provided by the Borough
Department of Public Works.
C.
Any part or the whole of any park may be closed to
the public at any time and for such interval of time as may be reasonably
necessary in the public interest. Such closing shall be accomplished
by the posting of signs containing the word "closed" and such other
information as may be reasonably required to inform the public.
A.
The regulations set forth in Subsection C of this section shall regulate the conduct of persons, as individuals or members of a group, and groups of persons and govern their use of parks, playgrounds or recreational areas of the Borough.
B.
The Mayor and Council may, by resolution, adopt special provisions of a temporary nature inconsistent with the regulations as set forth in Subsection C of this section or in addition thereto.[1]
[1]
Editor's Note: Original Section 10, which
immediately followed this subsection and dealt with violations and
penalties, was deleted 8-15-1995 by Ord. No. 1226.
C.
No person or group of persons shall, while upon any
Borough park, playground or recreational facility:
(1)
Be in or use the same for any purpose during the hours
such facility is closed or when such facility or a part thereof is
posted as closed.
(2)
Damage, deface, injure, destroy, remove or interfere
with any property of the Borough, including plant life or wildlife.
(3)
Bring any domestic animal or animals into such facility
or bring or ride a horse thereon.
(4)
Kindle, build or maintain a fire of any sort.
(5)
Picnic or bring foodstuffs into any area except such
area, if any, as may be clearly marked therefor by signs posted.
(6)
Bring or consume any alcoholic beverage.
[Amended 9-16-2008 by Ord. No. 1514]
(7)
Bring in or dump on or deposit or leave on any bottles,
broken glass, trash, garbage or other refuse except in connection
with the proper use of the property and when placed in the proper
receptacles where provided for such matter, and, where receptacles
are not provided, such matter shall be carried away by the person
responsible for its presence and properly disposed of elsewhere.
(8)
Post or otherwise place any sign, placard or advertisement
whatever, unless authorized by proper authority, except that posters,
placards or notices authorized by the Department of Recreation dealing
with the functions of the Department of Recreation are considered
authorized.
(9)
Carry or possess firearms (which prohibition shall
not apply to law enforcement officers) 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 instruments that can be loaded with and fire blank cartridges
or any kinds of trapping devices. Shooting into park areas from beyond
park boundaries is forbidden.
(10)
Have in his possession or cause to be exploded or
discharged any firecrackers, fireworks or similar things.
(11)
Ride a bicycle on other than a paved vehicular road
designated for that purpose. A bicyclist shall be permitted to wheel
or push a bicycle by hand over any grassy area or trail or paved area
reserved for pedestrian use.
(12)
Drive, operate, use or bring into any park any automobile,
motorbike, minibike, moped or motorcycle or any other motor vehicle,
except that properly licensed vehicles may be brought to designated
parking areas, if any, using designated roads for that purpose.
(13)
Gamble or participate in any way in a game of chance
or engage in wagering or participate in any game or sport for money
or other valuable thing.
(14)
Bring golf clubs or similar equipment or use the same
in any park facility.
(15)
Solicit contributions or support for any purpose,
public or private.
(16)
Sell or offer to sell any article of merchandise or
thing or display for sale any article or thing.
(17)
Disturb or interfere unreasonably with any person
or persons occupying any area or participating in any activity under
authority of a permit.
(18)
Conduct himself in a disorderly or indecent manner
or commit any indecent act or use profane, indecent or obscene language
or gesture or interfere with or disturb any other person using or
enjoying such facility.
(19)
Wildlife feeding.
[Added 9-20-2005 by Ord. No. 1456]
(a)
No person shall feed, in any public park or
on any other property owned or operated by the Borough of Palisades
Park, any wildlife, which includes all animals that are not domesticated,
excluding confined wildlife.
(b)
Violations and penalties. Any person in violation
of this subsection who fails or refuses to comply therewith shall
be liable to a penalty of not less than $50 and no more than $100
for each offense.
The Department of Parks and Playgrounds reserves
the right, without given notice, to close any and all parks and playgrounds
for reasons of inclement weather, to include snowstorms, high winds
and rain.[1]