[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.]
GENERAL REFERENCES
Recreation fees and park permits — See Ch. 172.
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.
A.
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:
(1)
Name, address and telephone number of applicant.
(2)
Name, address and telephone number of the person sponsoring
the activity.
(3)
The day and hours for which the permit is desired.
(4)
The park or playground area for which the permit is
desired.
(5)
An estimate of the anticipated attendance.
(6)
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.
B.
Standards for issuance of permit. The Superintendent
of Recreation Programs or a designated representative shall issue
a permit hereunder when it is found:
(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 or playground.
(2)
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.
(3)
That the proposed activity will not unreasonably incite
violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail unusual,
extraordinary or burdensome expense or police operation to the Township.
(5)
That the facilities desired have not been reserved
for other use at the day and hour required in the application.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
Rules and regulations: The use of the garden will be subject to the
following rules and regulations:
(1)
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.
(2)
Pets. Free-ranging pets and other animals are prohibited at all times.
All pets are subject to Township ordinances regarding licensing and
cleanup.
(3)
Noncommercial use. Anything grown shall be for the registrant's
own consumption or gifting, and shall not be sold.
(4)
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.
F.
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.
G.
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.
H.
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.
