[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 158 of the 1998 Code. Amendments noted where applicable.]
Recreation fees and park permits — See Ch. 172.
No person shall wash any motor vehicle in any park or playground or perform motor vehicle maintenance or repairs on any motor vehicle in any park or playground.
Unless otherwise directed by the Township Superintendent of Recreation Programs or a designated representative, parks and playgrounds in the Township shall be open to the public every day of the year during the hours set forth below:
A permit shall be obtained from the Superintendent of Recreation Programs or a designated representative before participating in any scheduled park or playground activity.
Application. A person seeking issuance of a permit hereunder shall file an application with the Superintendent of Recreation Programs or a designated representative. The application shall state the following:
Name, address and telephone number of applicant.
Name, address and telephone number of the person sponsoring the activity.
The day and hours for which the permit is desired.
The park or playground area for which the permit is desired.
An estimate of the anticipated attendance.
Any other information which the Superintendent of Recreation Programs shall find reasonably necessary to make a fair determination as to whether a permit should be issued thereunder.
Standards for issuance of permit. The Superintendent of Recreation Programs or a designated representative shall issue a permit hereunder when it is found:
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park or playground.
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, safety or welfare or recreational activities in the Township.
That the proposed activity will not unreasonably incite violence, crime or disorderly conduct.
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation to the Township.
That the facilities desired have not been reserved for other use at the day and hour required in the application.
Appeal. Within three days after receipt of the application, the Superintendent of Recreation Programs or a designated representative shall apprise the applicant, in writing, of the decision on the application. If the same is refused, the Superintendent of Recreation Programs shall state the reasons for refusing the permit in question. Any aggrieved person shall have the right to appeal, in writing, within three days to the Township Council, who shall consider the application, under the standards set forth above, and sustain or overrule the Superintendent of Recreation Programs' decision within three days. The decision of the Township Council shall be final.
Effect of permit. A permittee shall be bound by the permit and all the conditions set forth therein, all Recreation Department rules and regulations, all Township ordinances, all laws of the State of New Jersey and all federal requirements, if any.
Liability of permittee. A person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatsoever by reason of the negligence of the person or persons to whom such permit shall have been issued.
Revocation. The Superintendent of Recreation Programs or a designated representative has the authority to revoke a permit on the finding of a violation of any Recreation Department rules and regulations, all Township ordinances, all laws of the State of New Jersey and all federal requirements, if any, as well as falsification of any information required on applying for the permit.
Officials. The Township Superintendent of Recreation Programs or a designated representative thereunder shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
Ejection. The Superintendent of Recreation Programs or a designated representative or the Police Department or any park or playground attendant shall have the authority to eject from any park or playground any person acting in violation of any Recreation Department rules and regulations, Township ordinances or laws of the State of New Jersey or federal requirements.
No person shall engage in a merchandising or selling business of any type whatsoever within the boundaries of any Township park or playground without first obtaining a permit in accordance with Chapter 267, Peddling and Soliciting. This includes, but is not limited to, persons using vehicular types of vending operations.
[Added 3-25-2014 by Ord. No. 14-02]
Establishment. Pursuant to the Township's authority to make open spaces available to nonprofit associations for community gardening under N.J.S.A. 40A:12-15(j), the Township hereby creates a community gardening program and designates a portion of Township owned property located on Whitehorse Road Extension for the program's use as a community garden (the "garden"). The location of the garden may be changed from time to time, as may be required by Township needs.
Garden licenses. Persons interested in using the garden shall register annually with the Township Clerk and shall execute all forms and acknowledgements as may be required by the Township for such participation, including a limited license agreement (the "license"). The license shall not convey a durable interest in land, and may be revoked without compensation at any time, for no cause at all by the Township. No person shall be granted use of any portion of the garden without first entering a license agreement. The term of a license shall be for a twelve-month period, effective as of March 1 each year and terminating on the last day of February. If said date falls on a Saturday, Sunday or legal holiday, the registration period shall commence the first business day thereafter.
Management of Garden. The Township designates management of the garden to the Ewing Community Gardeners' Association ("ECGA"), a nonprofit, unincorporated association formed for the purpose of managing the garden, or its successor. The ECGA shall be responsible for the general operation and planning of the garden and is authorized to promulgate rules and regulations governing use of the garden. The ECGA shall enforce the rules and regulations established herein, guidelines promulgated by the ECGA, and all applicable zoning, environmental, and other laws and regulations. The ECGA, however, shall have no authority to spend Township funds, enter into contracts on behalf of the Township or in any way obligate the Township legally or financially.
Fee. The annual license fee shall be provided under Chapter 172, Fees, and shall be paid to the Township at the time of signing the license agreement. Veterans shall not be required to pay the annual license fee.
Rules and regulations: The use of the garden will be subject to the following rules and regulations:
Hours. Dawn to dusk. Use of plows, rototillers, or any loud equipment is limited to the hours between 7:00 a.m. and 10:00 p.m., and consistent with all applicable noise regulations.
Pets. Free-ranging pets and other animals are prohibited at all times. All pets are subject to Township ordinances regarding licensing and cleanup.
Noncommercial use. Anything grown shall be for the registrant's own consumption or gifting, and shall not be sold.
Rules of Conduct. All persons using the garden shall observe the rules established herein, any guidelines promulgated by the ECGA, and any other applicable law.
Right of inspection. The Township, its agents and employees shall have the right to conduct periodic inspections, with or without notice, of the garden and the plots contained therein to ensure compliance with this ordinance and any other applicable law.
The Township makes no representations, warranties, promises, or guarantees of any kind, including, without limitation, any representations about the quality, condition, or suitability of the garden for gardening of any kind. The Township has no obligation to make any alterations, improvements, or repairs of any kind to the garden, or to provide any services, including water, or other support.
Indemnification. All persons using the garden assume any and all risks associated with the use of the garden and shall, as part of the license agreement, agree to indemnify, defend and hold the Township, its officers, employees and agents harmless from any and all liabilities, claims, expenses, losses and/or damages which the Township may or might incur with respect to their use of the garden.