No person in a public park or recreation area shall:
A. 
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B. 
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
C. 
Dig or remove any soil, rock, sand, stone, tree, shrub or plant or other wood or material or make any excavation by tool, equipment, blasting or other means or agency.
D. 
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
E. 
Damage, cut, carve, mark, transplant or remove any plant or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
F. 
Climb any tree or walk, climb, stand or sit upon monuments. vases, planters, fountains, railing, fences or upon any other property not designated or customarily used for such purpose.
G. 
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
H. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such water any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
I. 
Take into, carry through, leave in or throw, cast, lay, drop or discharge into or on, or suffer or permit any servant, agent, employee or person in his charge to take into, carry through, leave in or throw or cast on, said parks any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
J. 
Bring any glass container into any park or recreation area.
K. 
Engage in smoking. “Smoking” means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked. Smoking is permitted in parking areas provided for public parks or recreation areas. The prohibition against smoking set forth in this subsection shall be limited to the following athletic facilities in the Borough of Hopatcong and shall not apply to any other public park or recreation area: Veterans Field, Nariticong Field, Jefferson Field, Squire Field, Brandt Park, and Larry Lothian Memorial Field.
[Added 11-1-2006 by Ord. No. 33-2006]
[Amended 11-4-1993 by Ord. No. 19-93; 2-20-2002 by Ord. No. 3-2002]
No person in a public park or recreation area shall:
A. 
Have in his possession, custody, or control whether or not on a leash or otherwise contained any dog, cat, pet or any other domesticated animal, except during authorized pet shows or similar special programs. Further, this prohibition shall not apply to any dog actually used for assistance by any vision- or hearing-impaired person or law enforcement purposes.
B. 
Cause or permit any dog, cat, pet or any other domesticated animal to run loose.
C. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird except for the limited hunting of white-tailed deer on designated properties in accordance with Chapter 100 entitled "Deer Hunting on Municipally Owned Property."[1]
[Amended 9-19-2012 by Ord. No. 24-2012]
[1]
Editor’s Note: See Ch. 100, Art. I.
D. 
Remove or have in his possession the young of any animal or the eggs or nest of any young of any reptile or bird.
[Added 9-19-2012 by Ord. No. 24-2012]
No person in a public park or recreation area shall:
A. 
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas.
B. 
Park a vehicle on other than an established or designated parking area, and such shall be in accordance with posted directions thereof and with the instruction of any attendant who may be present.
C. 
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation areas are closed. During a snowstorm and for three days thereafter established parking areas in parks and recreation areas may be utilized for parking but not by commercial vehicles or trailers of any kind.
D. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
E. 
Ride a bicycle without reasonable regard for the safety of others.
F. 
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.
G. 
Wash any vehicle.
H. 
Drive or operate within the parks any omnibus or vehicle adapted for more than 12 passengers or any hearse or any vehicle constructed or adapted for or engaged in the carrying of any merchandise or consisting, wholly or in part, of machinery adapted or put to any use other than that of propulsion thereof or uses incidental thereto or upon which is displayed for advertising purposes any writing, symbol, flag, banner, target, sign, placard, transparency or other matter, provided that buses and trucks used to carry visitors to the parks and recreation areas, other than on regular passenger routes, and subject to police regulations as to routes, speed and parking, shall be allowed, and, further, that taxis and livery vehicles shall be allowed, except that they may not solicit fares by parking or cruising.
I. 
Use the parks, park drives, parking places or parkways for the purpose of demonstrating any vehicles or for the purpose of instructing another to drive or operate any vehicle or for learning to drive or operate any vehicle; nor shall any person use any park area, including parking places, for the repairing or cleaning of any vehicle, except in an emergency.
J. 
Cause or permit a vehicle in tow of another vehicle to enter the parks or proceed therein, except that in the case of a breakdown a disabled vehicle may be towed to the nearest exit; nor shall any person operate or drive a vehicle containing any person or object projecting or hanging outside of or beyond the side or the rear thereof.
[Added 6-1-1995 by Ord. No. 14-95]
No person shall leave a vehicle standing or parked at the Hopatcong Civic Center Park unless said parking is in conjunction with participation in a Borough-sanctioned event, the actual use of the Civic Center facility or the use of recreational facilities available at the Civic Center Park.
No person shall bring into or have in his possession in any park or recreation area:
A. 
Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized track and field events are excepted from this restriction.
B. 
Any tools, instruments, skeleton keys, pick locks, jimmie or other things known as "burglar tools," except when authorized by law.
C. 
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, or other instrument or weapon in which the propelling force is a spring or air, except bows and arrows or firearms which may be lawfully used with a valid permit for the limited hunting of game species on municipally owned property in accordance with Chapter 100, Article I, entitled "Hunting on Municipally Owned Property."
[Amended 9-19-2012 by Ord. No. 24-2012; 9-16-2015 by Ord. No. 27-2015]
No person in any park or recreation area shall have in his possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material or discharge them or throw them into such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. Permits may be given for conducting properly supervised fireworks in designated park areas.
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:
A. 
Display any flag, banner, transparency, target, sign, placard or any other matter for advertising.
B. 
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.
C. 
Hold, conduct or address public assemblages or debates, except such as are organized or sponsored by the approving governing agency.
D. 
Conduct exhibitions or entertainment, except such as are organized or sponsored by the approving governing agency.
E. 
Individually or as part of a group, preach or make any harangue or move in a military or civic parade, drill or procession.
No person shall expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, within any park or recreation area. Exception is here made as to any concessionaire regularly licensed by the Borough and acting by and under authorization and regulation.
No person shall kindle, build, maintain or use a fire except in places provided for such purposes. Any fire for which a permit shall have been issued, and in such places as have been designated, shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, structure, boat, car, vehicle or enclosure, or under any tree or in underbrush, unless it shall be to deposit the same in a suitable container provided for the reception thereof.
[Amended 10-1-2008 by Ord. No. 21-2008]
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall:
A. 
Possess or drink alcoholic beverages;
B. 
Solicit contributions for any purpose, whether public or private;
C. 
Play any game of chance or have possession of any instrument or device for gambling; or
D. 
Play, engage or take part in any game or competitive sport for money or other valuable thing without authorized permission.
No person in a park or recreation area shall:
A. 
Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like, except in areas designated for those purposes.
B. 
Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes except in those areas designated for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited except on the field and courts or areas provided therefor. Roller-skating and skateboards shall be confined to those areas specifically designed for such pastime.
C. 
Occupy any seat or bench or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved and designated for the use of the opposite sex. Exception is made for children under six years of age.
D. 
Appear at any place in other than proper clothing.
E. 
Enter an area posted as "Closed to the public," nor shall any person use, or abet in the use of, any area in violation of posted notices.
F. 
Sleep or protractedly lounge on the seats or benches or other areas 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.
G. 
Fail to produce and exhibit any permit he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
H. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
I. 
Erect or occupy any tent, stand or other structure in any park or playground or sell or give away from any such tent, stand or other structure any food, drink or other thing, without written permission.
A. 
No person or vehicle shall, except during the hours provided in Subsections B and C below, loiter or remain in said parks and recreation areas, except in an emergency and after notifying a police officer, and except when, where and for whom permission has been granted for a group gathering, activity or function, and except when, where and for whom a camping permit has been issued.
B. 
Opening hours. All parks and recreation areas will open at sunrise, as defined by the United States Weather Bureau for the Hopatcong area, unless otherwise specified or designated by signs.
C. 
Closing hours. For Upper Modick Park, Civic Center Park, Veteran Field Complex, Jefferson Field and Nariticong Field the closing time shall be 10:30 p.m. or when the lights are turned off, whichever is earlier. For all other parks and recreation areas, they shall be closed 1/2 hour after sundown, as defined by the United States Weather Bureau for the Hopatcong area, except as provided by permits for special events or for other activities or by provision of this subsection.
[Added 6-1-1995 by Ord. No. 14-95; amended 4-18-2018 by Ord. No. 6-2018]
D. 
Jefferson Trail Park. Park hours are from March 1 through November 30, Monday through Friday, 10:00 a.m. to 10:00 p.m.; Saturdays, 9:00 a.m. to 10:00 p.m.; and Sundays, 10:00 a.m. to 6:00 p.m.
[Added 5-1-1986 by Ord. No. 9-86; amended 6-5-1986 by Ord. No. 12-86; 4-7-1999 by Ord. No. 5-99]
E. 
Jefferson Trail Park. Park hours are from December 1 through February 28, Sunday to Saturday, 10:00 a.m. to 6:00 p.m.
[Added 4-7-1999 by Ord. No. 5-99]
A. 
The following activities are permitted only at times and in areas so designated for that purpose and are otherwise prohibited within the parks:
(1) 
Swimming, bathing and wading.
[Amended 11-4-1993 by Ord. No. 19-93]
(2) 
Ice skating, sledding and skiing.
(3) 
Model airplane flying.
(4) 
Boating on ponds, without motors.
(5) 
Basketball and baseball.
(6) 
Police pistol range.
(7) 
Archery.
(8) 
Horseshoe pitching.
(9) 
Tennis.
(10) 
Picnicking.
(11) 
Camping.
(12) 
Football and track.
B. 
All persons using the facilities of the parks and recreation areas must obey the posted rules and regulations established for the proper, effective and safe utilization of the facility.
C. 
Nonpolitical public speeches in conjunction with public celebrations will be allowed after obtaining a permit and must be conducted in accordance with the restrictions imposed by the permit.
D. 
Any adult softball league, wherein the players are 18 years of age or older, must obtain an official field use permit from the Recreation Commission in order to use approved Borough fields. As a condition of the permit and the ability to use Borough playing fields, only flight restricted softballs can be used. Any violation of this provision will result in automatic loss of the field use permit.
[Added 5-3-2000 by Ord. No. 9-2000]
E. 
No person shall bat or attempt to bat any ball from any area on Jefferson Field other than the designated home plate area. The foregoing restriction shall not apply to coaches engaged in organized fielding practice for any team granted permission to use Jefferson Field, provided that said coach shall not bat any ball for purposes of fielding practice in such a manner as to cause the ball to leave the designated playing field.
[Added 7-21-2004 by Ord. No. 25-2004]
F. 
Within the parks and recreation areas of the Borough of Hopatcong it shall be unlawful for any person to operate a public address system or produce amplified voice or music unless such voice and/or music will not be audible at any property line, except as provided by permit. For special sporting events or sporting events of a “playoff level” for which a permit is issued, a public address system or amplified voice may be used, except that no public address system or amplified voice shall be used for play-by-play type descriptions, for conducting raffles, or music or singing beyond the National Anthem or similar music used to open events.
[Added 8-3-2005 by Ord. No. 28-2005]
[Amended 7-5-2007 by Ord. No. 15-2007]
A. 
Permits for activities to be conducted on municipal property or facilities shall be obtained by application in accordance with the following procedure:
(1) 
A person seeking issuance of a permit hereunder shall file an application stating:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which the permit is desired.
(e) 
Any other information which the approving entity shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(f) 
Variances required from park rules and regulations.
(g) 
In the case of a youth program, an affidavit certifying that all persons in a position supervising children have had a background check as required by § 163-18G(1).
(2) 
Standards for issuance of a use permit shall include the following findings:
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park, property or facility.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Borough.
(e) 
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
(f) 
That the applicant is in compliance with the background check affidavit requirement of § 163-18G(1), if the proposed use is a youth program.
(3) 
All applications to use municipal property or facilities within the jurisdiction of the Board of Recreation Commissioners shall be designated as recreation permits and shall be submitted to the Recreation Activities Coordinator for a decision by the Recreation Activities Coordinator or the Board of Recreation Commissioners according to the policy and procedure established by the Board of Recreation Commissioners.
(4) 
All applications for the use of municipal property or facilities not within the jurisdiction of the Board of Recreation Commissioners shall be designated as special use permits and be submitted to the Borough Clerk to be placed on the governing body's agenda for a decision, whose decision shall be final and nonappealable.
B. 
Appeal of recreation permits.
(1) 
Within 45 days after the receipt of an application for a recreation permit, the Board of Recreation Commissioners shall apprise an applicant in writing of its determination to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial.
(2) 
Any aggrieved person shall have the right to appeal to the Borough governing body a decision under this section of the Commission or its designee by serving written notice thereof on the Borough Clerk within five working days of said refusal.
(3) 
A copy of said notice shall also be served on the Commission within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the Borough governing body, which shall consider the application and sustain or overrule the Board of Recreation Commissioners' decision within 30 days from the receipt of the appeal by the Borough Clerk. The decision of the governing body shall be final.
C. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.
D. 
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. A permittee may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.
E. 
Revocation. A permit may be revoked by the approving authority upon a finding of violation of any rule or ordinance or upon good cause shown.
F. 
No permit shall allow the possession, sale or consumption of alcoholic beverages in a park area or on municipal property without a resolution of the governing body authorizing the possession, sale or consumption of alcoholic beverages.
G. 
Background check affidavit.
(1) 
Effective June 1, 2008, prior to any club or organization, other than Borough-sponsored youth programs, receiving any type of permit to use Borough-owned property or facilities for youth programs, the club or organization must complete an affidavit on a form approved by the Borough Administrator and the Board of Recreation Commissioners certifying that all official coaches, assistant coaches and adults who are in positions of authority or control of youth participants under the age of 18 have completed and passed a background check within the last four years, meaning that the individual has not been convicted of any of the disqualifying offenses set forth in N.J.S.A. 15A:3A-3. The affidavit shall also state that the affiant is not aware of any relevant convictions subsequent to the background check.
[Amended 12-19-2007 by Ord. No. 26-2007]
(2) 
In the event that a club or organization can not comply with this subsection because background checks have been submitted to the State Police but results have not been received, a conditional permit may be issued for up to 60 days.
H. 
Borough-sponsored youth programs.
(1) 
Effective June 1, 2008, all adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth in a Hopatcong Borough-sponsored youth program shall submit required information for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police.
[Amended 12-19-2007 by Ord. No. 26-2007]
(2) 
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Recreation Activities Coordinator shall notify the applicant and the head of the program of affirmative or negative results. The determination shall be based upon § 163-18H(3) of this chapter.
(3) 
In the event the criminal background check reveals any prior convictions for crimes or offenses set forth in N.J.S.A. 15A:3A-3, that individual shall not be allowed to participate in any Borough-sponsored youth program.
(4) 
Refusal by individuals required to submit to background checks will result in a dismissal of the individual from any Borough-sponsored activities requiring background checks.
(5) 
Any and all criminal background checks shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The records shall be exempt from public disclosure under the common law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period as is necessary to serve their intended and authorized purpose and in conformance with State of New Jersey Division Retention Schedule.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(6) 
All Borough-sponsored youth programs that have individuals subject to this chapter shall ensure that background checks are renewed; no less than every four years a new background check shall be submitted.