[HISTORY: Adopted by the City Council of
the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 163 of the
1984 Code. Amendments noted where applicable.]
[Amended 8-13-2012 by Ord. No. O-23-12]
No person in a public park, recreational area
or Rahway Recreation Center shall:
A.
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, paving 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 rest rooms and washrooms
in a neat and sanitary condition. No person above the age of five
years shall use the rest rooms and washrooms designated for the opposite
sex.
C.
Dig or remove any soil, rock, sand, stones, trees,
shrubs or plants or other wood or materials 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, transplant or remove any tree
or plant or injure the bark or pick flowers or seed of any trees 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, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
G.
Tie or hitch any animal to any tree or plant.
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.
Have brought in or shall dump in, deposit or leave
any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or refuse or other trash. No such refuse or trash shall
be placed in any waters in or contiguous to any park or left any where
on the grounds thereof but shall be placed in the proper receptacles
where same are 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.
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, including motorized vehicles such as
minibikes and mopeds.
K.
Park a vehicle in other than an established or designated
parking area, and such shall be in accordance with posted directions
thereat and with the instruction of any attendant who may be present.
L.
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park area.
M.
Leave a bicycle in a place other than a bicycle rack
when such is provided and there is space available.
N.
Ride a bicycle without reasonable regard to the safety
of others.
O.
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.
P.
Swim, bathe or wade in any waters or waterways in
or adjacent to any park.
Q.
Bring into or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
R.
Carry or possess firearms 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 instrument that can be loaded with and fire blank cartridges
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
S.
Picnic or lunch in a place other than those designated
for that purpose.
T.
Use any portion of the picnic area or any of the buildings
or structures therein for the purpose of holding picnics to the exclusion
of other persons, nor shall any person use such areas and facilities
for an unreasonable time if the facilities are crowded.
U.
Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles
where provided. If no such trash receptacles are available, then trash
shall be carried away from the park area by the picnicker, to be properly
disposed of elsewhere.
V.
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
set apart for such forms of recreation.
W.
Allow a dog of which he is in charge to go upon any
part of the park property or recreational area unless held by a leash
not longer than six feet.
X.
Sell or offer for sale any goods, wares or merchandise
whatsoever or display or distribute any advertising device, circular
or card in any park or recreational area except upon a written permit
issued by the city.
[Amended 7-9-1984 by Ord. No. A-12-84; 12-14-2009 by Ord. No.
O-45-09; 8-13-2012 by Ord. No. O-23-12]
While in a public park, recreation area or Rahway Recreation
Center, all persons shall conduct themselves in a proper and orderly
manner, and in particular no person shall:
A.
Bring alcoholic beverages or drink same at any time, nor shall any
person be under the influence of intoxicating liquor in any of the
following locations: Berzinec Park, Brennan Field, Flanagan Field,
Hart Street Park, Howard Field, Madden Field, Stein Field, Tully Field,
Williams Field.
B.
Have in his possession or set or otherwise cause to explode or discharge
or burn any firecrackers or explosives of flammable material or discharge
them or throw them into any 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 standards.
C.
Build or attempt to build a fire except in such areas and under such
regulations as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other flammable material within any park or recreational area or
on any highways, roads or streets abutting or contiguous thereto.
D.
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.
E.
Gamble or participate in or abet any game of chance, except in such
areas and under such regulations as may be designated by the Superintendent
of Recreation.
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.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
H.
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign.
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information.
B.
Any section or part of any park may be designated
closed to the public at any time and for any interval of time, either
temporarily or at regular and slated intervals (daily or otherwise)
and either entirely or merely for certain uses.
[Amended 7-9-1984 by Ord. No. A-12-84; 12-14-2009 by Ord. No.
O-45-09; 8-13-2012 by Ord. No. O-23-12]
Permits may be issued to individuals and nonprofit organizations
for the following locations: Berzinec Park (tennis courts), Brennan
Field (soccer, baseball), Flanagan Field (baseball field), Madden
Field (football and baseball fields), Tully Field (baseball field),
Hart Street, the Arts District Park and the Rahway Train Plaza. Permits
may be issued to individuals, nonprofit organizations or for-profit
organizations for the Rahway Recreation Center. Permits for special
events in parks, recreation areas or the Rahway Recreation Center
shall be obtained by application to the Division of Recreation in
accordance with the following procedures:
A.
A person seeking issuance of a permit hereunder shall file an application
with the Division of Recreation stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit is desired.
(5)
Any other information which the Division of Recreation shall find
reasonably necessary for a fair determination as to whether a permit
should be issued hereunder.
(6)
All permittees must sign a hold harmless agreement indemnifying the
City of Rahway against claims for losses or damages resulting from
the acts or omissions from any guest, participant, visitor or other
person attending the proposed event.
(7)
Nonprofit and for-profit organizations must provide a certificate
of liability insurance in the amount of $1,000,000 naming the City
of Rahway as additional insured.
B.
Standards for the issuance of a use permit by the Division of Recreation
include the following:
(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 proposed activity and use will not unreasonably interfere
or detract from the promotion of public health, welfare, safety and
recreation.
(3)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense or policing by the City.
(5)
That the facilities desired have not been reserved for another use
at the date and hour requested in the application.
C.
Notwithstanding any other provision of this chapter, all applications
for the use of specified recreational areas, including the Rahway
Recreation Center, by private groups for picnics or similar activities
shall be made on forms to be supplied by the Department of Recreation.
D.
All applications shall be made at least seven days in advance of
the proposed use and shall be accompanied by a deposit of $100, which
shall be held in trust by the City of Rahway as a security against
any damages, vandalism or destruction to its playgrounds or recreation
facilities. Applications for the use of Hart Street Park shall be
accompanied by a nonrefundable rental fee of $50, payable by check
or money order. No date for this facility will be held without receipt
of a completed application, rental fee of $50 and security deposit
of $100. Applications for use of the Rahway Recreation Center shall
be accompanied by a nonrefundable deposit of $100 to hold any date.
The balance of any rental and fees, along with a security deposit
of $500 must be received no later than 30 days prior to the event.
Repayment of the security deposit will be made by City of Rahway purchase
order within 30 to 90 days. Any overtime charges or damages to the
facility will be deducted from the security deposit, including but
not limited to $25 per each broken chair and $50 per each broken table.
Fees for use of the Rahway Recreation Center are as follows: $250
per hour for weekday and Saturday rentals; $300 per hour for Sunday
rentals; cleaning fee of $250; $25 for use of microphone; $50 for
use of outdoor sign; and late fee of $50 for applications received
less than 30 days prior to the event. The Municipal Administrator,
or his/her designee, may, in the exercise of his/her discretion, waive
or reduce the fees for any Rahway-based nonprofit organization or
individuals and may adjust the fees based on a reduced use of the
Rahway Recreation Center (less than use of the entire Rahway Recreation
Center.)
[Amended 9-10-2012 by Ord. No. O-25-12]
E.
The Superintendent of Recreation, or his/her designee, shall make
inspection of the park, playground, recreation area or Rahway Recreation
Center within 48 hours next succeeding the actual use applied for
and, if the area is found to be in order, shall authorize return of
the security deposit of $100 or $500, as applicable.
F.
The Municipal Administrator, or his/her designee, may, in the exercise
of his/her discretion, waive the deposit provision for any church,
civic, social and fraternal organization having its registered agent
or principal office or headquarters within the City of Rahway.
G.
Permitted facilities may not be used by any individual or organization
for commercial events or purposes, except for the Rahway Recreation
Center.
H.
Permits are not transferable between individuals, organizations or
agencies.
I.
The use of Hart Street Park for rentals by individuals or nonprofit
organizations shall end no later than 6:00 p.m.
J.
A park
attendant or other designee of the Superintendent of Recreation must
be present at all times during the rental use of Hart Street Park.
The cost of such park attendant or other designee of the Superintendent
of Recreation shall be paid for by the individual or nonprofit organization
renting the park. The Municipal Administrator, or his/her designee,
may, in the exercise of his/her discretion, waive the requirement
for a park attendant being present at all times during the rental
use of Hart Street Park.
K.
The maximum
capacity of attendees for the use of Hart Street Park for rentals
by individuals or nonprofit organizations shall be 100. The Municipal
Administrator, or his/her designee, may, in the exercise of his/her
discretion, waive the maximum capacity requirement in consultation
with public safety officials of the City of Rahway.
L.
All permittees
for use of the Rahway Recreation Center are solely responsible to
comply with all applicable laws and occupancy requirements and to
obtain any permits from the City Fire Official, if necessary. Use
of pyrotechnics and/or fog machines is strictly prohibited.
M.
All permittees
for use of the Rahway Recreation Center must provide for on-site medical
personnel prior to the start of and for the duration of the event.
This includes, but is not limited to, ambulance service. It is the
responsibility of the permittee to secure and pay for these services,
which are not provided by the City of Rahway.
N.
All permittees
for use of the Rahway Recreation Center must provide for on-site security
personnel prior to the start of and for the duration of the event.
Police presence may be required and is at the discretion of the Division
of Recreation and the Rahway Police Department based on anticipated
attendance, nature of the event and other factors. If police presence
is deemed necessary, it will be the responsibility of the permittee
to make arrangements directly with the Rahway Police Department. If
police personnel are called in on an overtime basis, costs shall be
deducted from the security deposit. Police officers provide public
safety services only and do not collect tickets, check bags or maintain
entrances or exits.
O.
No food
or beverage vendors of any kind are permitted during the private rental
of the Rahway Recreation Center.
[Amended 7-9-1984 by Ord. No. A-12-84]
Within five days after the receipt of an application, the Department of Recreation shall apprise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Municipal Administrator by service of a written notice thereof on the Director of Recreation and the Municipal Administrator within five days of said refusal. Said Department shall then immediately forward the application and the reasons for its refusal to the Municipal Administrator, who shall consider the application under the standards set forth under § 327-4B and sustain or overrule the Department of Recreation's decision within 10 days from the receipt of the appeal by him. The decision of the Municipal Administrator shall be final.
A permittee shall be bound by all park rules
and regulations and all applicable ordinances fully as though the
same were inserted in said permits.
[Amended 12-14-2009 by Ord. No. O-45-09]
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 said
permit shall have been issued. The Division of Recreation shall have
the right to require any permittee 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 determined
by the Division of Recreation prior to the commencement of any activity
for which a permit has been issued.
[Amended 12-14-2009 by Ord. No. O-45-09]
The Division of Recreation shall have the authority to revoke
a permit upon finding of a violation of any rule or ordinance or upon
good cause shown.
[Amended 12-14-2009 by Ord. No. O-45-09]
A.
The Division of Recreation and park attendants shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
The Division of Recreation and any park attendant shall have the
authority to eject from the park area any person or persons acting
in violation of this chapter.
C.
The Division of Recreation and any park attendant shall have the
authority to seize and confiscate any property, thing or device in
the park used in violation of this chapter.
D.
This chapter shall also be enforced by the Police Department of the
City of Rahway.
Any person, firm or corporation violating the
provisions of this chapter shall, upon conviction thereof, be subject
to a fine of not more than $500 or to imprisonment for not more than
90 days, or both, in the discretion of the Judge of the Municipal
Court.
