Township of Clinton, NJ Article I Use of Parks and Open Space

[Derived from Secs. 20-1 and 20-2 of the 1999 Code of the Township of Clinton; amended 12-8-2004 by Ord. No. 870-04]

§ 198-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMALS

Includes cats, dogs, horses, any fowl or birds, any living creature within the jurisdiction of the park.

BIKE PATH

Any path maintained for bicyclists.

BRIDLE PATH or EQUESTRIAN TRAIL

Any path maintained for equestrians.[1]

DEPARTMENT

The Department of Recreation and Parks.[2]

OFF-ROAD VEHICLES

Any powered vehicle designed for cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other terrain which would include, but not be limited to, such vehicles as all-terrain vehicles, dirt bikes, snowmobiles, amphibious and air cushion vehicles, except those vehicles utilized for fire, emergency or law enforcement purposes.

OPEN SPACE

Land that is permanently set aside for public or private use and will not be developed but which may be leased or otherwise used for agricultural purposes. Open space may be used as community open space or preserved as green space.

PATH

Any footpath, walk or any path maintained for pedestrians.

PEDESTRIAN

A person afoot.

PERMIT

Any written license issued by the Department permitting a special event or activity on park facilities and grounds.

[Amended 5-14-2008 by Ord. No. 959-08]

PERSON

Any person, corporation, company, association, joint association, firm or copartnership.

POLICE or OFFICER

Any Township policeman or state police officer.

[Amended 5-14-2008 by Ord. No. 959-08]

RIGHT-OF-WAY

The privilege of the immediate use of the roadway, drive or path.

SAFETY ZONE

Any space (within a drive) established for pedestrians.

STOPPING or STANDING

When prohibited, any cessation of movement of a vehicle occupied or not, except when necessary to avoid conflict with other traffic, including horses.

TRAFFIC

Pedestrians, ridden or herded animals, vehicles, either singly or together, while in the confines of the park's jurisdiction.

VEHICLE

Any conveyance (except baby carriage), including motor vehicles, bicycles, tricycles, sleds, sleighs, pushcarts and vehicles propelled by other than muscular power; also any horse (trailers.)

[1] Editor's Note: The former definition of "Clinton Township parks, parkways and reservations," which immediately followed this definition, was repealed 5-14-2008 by Ord. No. 959-08.

[2] Editor's Note: The former definition of "municipality," which immediately followed this definition, was repealed 5-14-2008 by Ord. No. 959-08.

§ 198-2 Interpretation.

[Amended 5-14-2008 by Ord. No. 959-08]

In the interpretation of the regulations of the Township, the provisions shall be construed as follows:

A. Any term in the singular shall include the plural.

B. Any term in the masculine shall include the feminine and neuter.

C. Any requirement or prohibition of any act shall, respectively, extend to and include the causing and procuring, directly or indirectly, of such act.

D. No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Township in the line of duty or work as such, or by any person, his agents or employees in the proper and necessary execution of the terms of any agreement with the Township.

E. Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do, and to the extent authorized thereby.

§ 198-3 Territorial application.

[Amended 5-14-2008 by Ord. No. 959-08]

This chapter shall apply to all parks and recreation areas owned or controlled by the Township.

§ 198-4 General prohibitions.

A. Advertising. No person shall post, paint, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement or do any of the following without written permission of the Township. Accordingly, any person who has not received such permission shall not be permitted to:

[Amended 5-14-2008 by Ord. No. 959-08]

(1) Display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes.

(2) Operate any musical instrument, soundtrack or drum for advertising purposes or for the purpose of attracting attention to any exhibition, show, performance or other display.

(3) Conduct public speeches or rallies.

B. Soliciting. No person shall solicit for any purpose.

C. Animals.

[Amended 5-14-2008 by Ord. No. 959-08]

(1) No person shall cause or permit any animal owned by him/her, in his/her custody or under his/her control to go or be at large. Dogs shall be restrained by a leash not exceeding six feet in length.

(2) No person shall ride or drive a horse unless it be well broken and constantly held in such control that it may be easily or quickly turned and stopped.

(3) No horse shall be unbridled or left unattended in any unenclosed area without being securely fastened.

(4) No horse shall be driven or ridden in the parks except at such locations and bridle paths as are designated for this purpose by the Township.

(5) Except as specifically authorized by the Mayor and Council in connection with a Township-sponsored deer management or deer culling program, no person shall hunt, molest, kill, wound, trap, take, chase, shoot or throw missiles at, remove or have in his possession any animal, reptile or bird, or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or eggs so taken.

[Amended 12-12-2018 by Ord. No. 1127-18]

D. Disorderly conduct.

(1) No person or group of persons shall engage in such loitering conduct, such as skateboarding, which will obstruct, molest or interfere with any person lawfully enjoying any Township park, parkways, reservations, open space, bike path or bridle path.

(2) No person shall engage in such loitering conduct as will clearly cause an immediate, actual, physical violent reaction from any person, or persons, which violent reaction will cause a threat to the peace and order of the public.

(3) No person or group of persons shall engage in such loitering that obstructs the free passage of any person at or near any walkway, pathway, building, parking lot, vehicle, bike path or bridle path.

(4) No person shall use threatening, abusive, boisterous, insulting or indecent language or gestures within any Township park, parkways, reservations, open space, bike path or bridle path.

(5) No person shall throw stones or other missiles so as to annoy other persons.

(6) Person shall climb or stand upon any wall, fence, shelter, seat, statue or other structure unless the structure is designated for that purpose.

(7) No person shall enter or leave park facilities except at established entrances or exits.

(8) No person shall litter in the park or deposit on the ice or in the ponds any matter that would tend to damage the ice for skating or pollute the ponds.

(9) No person shall interfere with or fail to obey an officer or other municipal employee in the proper performance of his/her duties.

(10) No person shall remove or open permanent or temporary barriers, signs, directionals, gates or fences, except that registrants issued keys for entry into the community garden pursuant to § 198-26 may open the fence for the community garden in accordance with the requirements of § 198-26.

[Amended 3-14-2012 by Ord. No. 1036-12]

E. Explosives. No person shall bring into or have in his/her possession at the parks any explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or conjunction with other substances or compounds may decompose suddenly and generate sufficient heat, gas or pressure or cause any or all of them to produce rapid-flaming combustion or administer a destructive body to surrounding objects.

F. Firearms, weapons and tools; concealed weapons. Except as specifically authorized by the Mayor and Council in connection with a Township-sponsored deer management or deer culling program, no person shall bring into or have in his/her possession in a park:

[Amended 5-14-2008 by Ord. No. 959-08; 12-12-2018 by Ord. No. 1127-18]

(1) Any pistol or revolver or objects upon which loaded or blank cartridges may be used.

(2) Any tools, instruments, skeleton keys, picklocks, jimmies or other things known as burglar tools, except when authorized by law.

(3) Any rifle, shotgun, air gun, spring gun, sling gun, slingshot, bow or other instrument or weapon in which the propelling force is a spring or air, excepting the lawful uses of such weapons at places and times prescribed by special permission of the Township.

G. Fires. No person shall kindle, build, maintain or use a fire except in places provided for such purposes.

(1) All fires shall be continuously under the care and direction of a competent person from the time they are kindled until they are extinguished.

(2) No fire shall be built within 10 feet of any tree or building or beneath the branches of any tree or in any underbrush.

(3) No cigar, cigarette, charcoal, pipe, flammable material(s) or lighted match shall be discarded carelessly or in a manner which may start a fire.

H. Closing hours. All parks will close 30 minutes after sundown except where and when specific closing hours are designated. Hunters operating within a given park pursuant to a Township-sponsored deer management or deer culling program shall be permitted to remain in the said park(s) for up to 1 1/2 hours after sundown.

[Amended 12-12-2018 by Ord. No. 1127-18]

I. Opening hours. All park areas will open at sunrise unless otherwise specified or designated by signs. Hunters operating within a given park pursuant to a Township-sponsored deer management or deer culling program shall be permitted to enter the said park(s) up to 1 1/2 hours before prior to sunrise.

[Amended 12-12-2018 by Ord. No. 1127-18]

J. Vending. No person shall sell or offer for sale any object or merchandise or any other thing within the parks except by special permit of the Township.

[Amended 5-14-2008 by Ord. No. 959-08]

K. Minors. No parent or guardian or custodian of any minor shall permit or allow him/her to do any act prohibited by any Township ordinance.

L. Vehicle operation. No vehicle operation shall be permitted except on roadways or as signs direct. Off-road vehicles are expressly prohibited from all Township parks, recreation areas, bike paths and/or open space, except where specifically permitted.

M. Vehicle parking.

[Amended 10-10-2018 by Ord. No. 1123-18]

(1) No vehicles shall be parked except in designated areas.

(2) Where so designated by signs, parking areas, including but not limited to trailhead parking areas, shall be reserved for park users only, and all other vehicles may be towed at the violator's expense. This shall be in addition to the penalties prescribed in § 198-7.1 of this chapter.

N. No consumption of illegal drugs is allowed in any park or public open space.

[Amended 2-28-2018 by Ord. No. 1109-18]

O. No person shall urinate or defecate except in facilities provided for such use.

P. No person shall change out of any clothing or bathing attire except in areas designated or customarily provided for such use.

Q. No consumption of alcoholic beverages is allowed in any park or public open space, except in connection with an organized municipal event for which express prior permission has been received in writing from the Administrator, and in accordance with this § 198-4Q. As used herein, an "organized municipal event" shall refer to an event that is sponsored or cosponsored by the Township and which takes place in a Clinton Township park or open space. The Township shall be permitted to sell or otherwise make available alcoholic beverages at the organized municipal event upon terms as may be imposed by the Administrator and any permit that may be required by law or regulation by the Director of the Division of Alcoholic Beverage Control. In addition, any other person requesting permission to sell or otherwise make available for consumption alcoholic beverages as set forth herein shall first submit to the Administrator the following documents:

[Added 2-28-2018 by Ord. No. 1109-18]

(1) A duly executed agreement with the Township authorizing said person to sell or otherwise make available alcoholic beverages at the organized municipal event, on a form prescribed by the Administrator or his designee. The Administrator shall have the discretion to determine whether it is in the Township's interest to make alcoholic beverages available at said event. Said agreement shall set forth all of the terms and conditions of said permission, and shall also require the person to hold the Township and each of its employees, officers, agents and servants, harmless from and against any costs, injuries or damages resulting from the acts or omissions of said person in connection with the organized municipal event; and

(2) A certificate of insurance confirming the person's commercial general liability insurance with coverage for bodily injury and property damage of at least $1,000,000 combined single limit each occurrence, naming Clinton Township and its employees, officers, agents and servants as additional insured; and

(3) A copy of the requisite permit obtained from the Director of the Division of Alcoholic Beverage Control to sell or otherwise make available alcoholic beverages at the organized municipal event, if any shall be required by applicable law or regulation.

§ 198-5 Restricted uses.

[Amended 5-14-2008 by Ord. No. 959-08]

A. The following activities are permitted only at times and in areas so designated for that purpose by the Township and are otherwise prohibited within the parks:

(1) Ice skating, sledding, skiing.

(2) Model airplane flying.

(3) Golfing.

(4) Archery, except as specifically authorized by the Mayor and Council in connection with a Township-sponsored deer management or deer culling program.

[Amended 12-12-2018 by Ord. No. 1127-18]

B. All persons using the facilities of the Township must obey the posted rules and regulations established for the proper, effective and safe utilization of said facility.

C. Bike paths shall be for bicycle and pedestrian use only.

§ 198-6 Protection of property.

A. It shall be unlawful for any person, in any park, recreation area, municipal open space or bike path, to:

(1) Throw or place any foreign or waste substance in storm sewers or drains of any such area, or leading into or bordering upon the aforementioned, or any substance, matter or thing which may or shall result in the pollution thereof.

(2) Injure trees, shrubs and grass; destroy, cut, break, deface, mutilate, disturb, sever or remove from the ground any plant, flower, growing thing, stem, branch or leaf thereof; pile debris of any kind against same; attach any rope or cable or other contrivance thereto; set fire or assist in setting a fire to any of the same; or ride or hitch horses or any other animal over or to any of the same.

B. No person, in any park, recreation area, Township open space or bike path, shall injure, deface, displace, remove, fill in, raise, destroy or tamper with any drive, path, walk, bridge or approach thereto; take up or remove or carry away any asphalt, concrete, flagstone, rock, stone, gravel, sand, clay or earth; or make any excavation of any kind, name or nature; or harvest, cut, injure or remove any ice; or injure, deface, displace, remove or destroy any structure, building, post, railing, bench seat, platform, stand, tree guard, telephone, telegraph, pipe or main for conducting gas, water or wires, or any hydrant, sewer, drain, pipe, main, receiving basin, covering manhole or vent forming a part thereof, or any appurtenance or appendage connected therewith, or any other property or equipment, real or personal, owned by or under the jurisdiction or control of the Township, or appertaining to the creation, government, use or maintenance of the parks; or injure, deface, displace, remove or destroy any sign, inscription, post or monument erected or marked for any purpose, or any mileboard, milestone, danger sign or signal, guide sign or post or any signaling device sanctioned, installed or placed by the Township within the parks for the purpose of directing, restricting or regulating traffic, establishing zones or giving information or direction to the public; or interfere with any lamp, lamppost, gas or electric apparatus, or extinguish the light therein, except upon proper authority; or, without a permit, attach, string, adjust or carry any wire or other object in, on or over any part of the parks.

[Amended 5-14-2008 by Ord. No. 959-08]

C. Rubbish and refuse matter. No person shall take into, carry through, leave in or throw, cast, lay, drop or discharge into or on the parks, recreation areas, open space or bike paths, or suffer or permit any servant, agent, employee or person in his or her charge to take into, carry through, leave in or throw, cast, lay, drop or discharge into or on the parks, recreation areas, open space or bike paths, any rubbish, refuse, garbage or other material.

D. The use of the community garden in accordance with § 198-26 of this chapter by duly registered gardeners shall not constitute a violation of this section.

[Added 3-14-2012 by Ord. No. 1036-12]

§ 198-7 Permits.

[Amended 5-14-2008 by Ord. No. 959-08]

A permit authorizing a person or organization the use of a facility of the Township may be granted upon written application to the Township. All conditions of the permit approval must be adhered to, and a violation of the terms and conditions, rules and regulations, or falsifications, shall constitute grounds for its revocation by the Township or its authorized representative.

§ 198-7.1 Violations and penalties.

Any person violating these rules and regulations, in addition to any other penalties, fines, or damages they may be liable for under any other law or regulation, shall be liable for and shall be subject to the penalties stated in Chapter 1, § 1-17.