[HISTORY: Adopted by the Township Committee
of the Township of Independence 12-27-1988 by Ord. No. 88-29 (Ch.
122 of the 1984 Code). Amendments noted where applicable.]
[Amended 9-8-2015 by Ord.
No. 2015-06]
A.
Except for unusual and unforeseen emergencies, parks shall be open
to the public every day of the year during designated hours. The opening
and closing hours of the park shall be posted therein for public information
and shall be determined from time to time by resolution of the governing
body upon the advice and recommendation of the Recreation Committee.
B.
No persons shall, on the grounds of race, color, national origin,
religion, age, sex or handicap, be excluded from participation and
be denied the benefits of or be otherwise subjected to discrimination
in any park facility, program or activity.
[Amended 9-8-2015 by Ord.
No. 2015-06]
Permits for special events in parks and recreation areas shall
be obtained by application to the Recreation Committee or Township
Clerk in accordance with the following procedures:
A.
The application shall set forth the following information:
(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 the permit is desired.
(5)
Any other information which the approving governing agency shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
(6)
Variances required from park rules and regulations.
[Amended 12-9-2008 by Ord. No. 2008-15]
No person shall be permitted within a Township
park or recreation area under the influence of drugs or narcotics.
No person shall possess or consume alcoholic beverages, drugs or narcotics
in any park or recreation area.
No group of 100 or more persons shall use a
Township park or recreation area without first having obtained a group
use permit not later than 30 days before the proposed date of use.
Group use shall be limited to designated areas. Adult supervision
of children's groups is required at all times.
[Amended 9-8-2015 by Ord.
No. 2015-06]
No persons shall call or hold any public meeting or give any
concert or public entertainment of any kind within a Township park
or recreation area without first having obtained written permission
in advance from the Township Committee no later than 30 days before
the proposed date of use.
[Amended 9-8-2015 by Ord.
No. 2015-06]
No person shall use loudspeakers, public address systems or
amplifiers within a Township park or recreation area without first
having obtained written permission in advance from the Township Committee
no later than 30 days before the proposed date of use.
No person shall, without permission, enter into
or remain within a Township park or recreation area except during
the posted hours the park or recreation area is open to the general
public.
A.
It shall be unlawful for any person in the public
park or recreation area to:
(1)
Willfully 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.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition.
(3)
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.
(4)
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.
(5)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or seed of any tree or
plant, dig in or otherwise disturb grassed areas or in any other way
injure the natural beauty or usefulness of any area.
(6)
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.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, kill, wound, trap, abuse, shoot, pursue
or throw missiles at, remove or have in his possession any animal,
reptile or bird found within a Township park or disturb its habitat
within a Township park or knowingly buy, receive, have in his possession,
sell or give away any such animal, reptile, bird or eggs so taken,
except as may be specifically provided for and being in accordance
with state/federal fish and game laws.
(9)
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 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.
(10)
Have brought in or 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 any park or left anywhere on the grounds
thereof, but it shall be placed in the proper receptacles where these
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.
(11)
Drive or park 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 by the Township.
[Amended 9-8-2015 by Ord.
No. 2015-06]
(12)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park areas. No motor
vehicle shall be parked in said park areas from 1/2 after sunset until
sunrise, except as otherwise permitted.
(13)
Ride a bicycle without reasonable regard to
the safety of others.
(14)
Leave a bicycle lying on the ground or paving
or set against trees or in any place or position where a person may
trip over or be injured by it.
(15)
Swim, bathe or wash in any waters or waterways
in any park, except in such waters and at such places as are specifically
designated therefor and in compliance with such regulations as are
herein set forth or may be hereinafter adopted.
[Amended 9-8-2015 by Ord.
No. 2015-06]
(16)
Erect, maintain, use or occupy on or in any
beach or bathing area any tent, shelter or structure of any kind;
nor shall any guide wire, rope or extension brace or support be connected
or fastened from any such structure to any other structure, stake,
rock or other object outside thereof.
(17)
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 will hereafter be adopted.
[Amended 9-8-2015 by Ord.
No. 2015-06]
(18)
Navigate, direct or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupant of any other boat.
(19)
Fish in any area where bathing is permitted.
(20)
Shoot into park areas from beyond park boundaries.
No person shall carry or possess firearms of any description or air-rifles,
spring-guns, bow 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, except as may be specifically provided
for and being in accordance with state/federal fish and game laws.
(21)
Picnic or lunch in a place other than those
designated for that purpose. Attendants shall have the authority to
regulate activities in such areas when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
(22)
Violate the regulation that use of individual
fireplaces, together with tables and benches, follows the generally
accepted rule of first-come, first-served.
(23)
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.
(24)
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.
(25)
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
house trailer, camp trailer, camp wagon or the like, except in those
areas designated by the Park Commission for those purposes.
(26)
Take part in or abet the playing of any games
involving thrown or otherwise propelled objects such as balls, stones,
arrows, javalins, horseshoes, quoits or model airplanes, except in
those areas set apart for such forms of recreation. The playing of
rough or comparatively dangerous games such as football, baseball
and lacrosse is prohibited, except on the fields and courts or areas
provided therefor. Roller-skating shall be confined to those areas
specifically designed for such pastime.
(27)
Ride a horse, except on designated bridle trails.
Where permitted, horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
[Amended 9-8-2015 by Ord.
No. 2015-06]
The Independence Township Police Department
shall have the authority to eject from the park any person or persons
acting in violation of this chapter and shall be authorized to seize
or confiscate any property, thing or device in the park or used in
violation of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-01]
Any person violating any of the provisions of
this chapter or any rule or regulation promulgated pursuant thereto
shall, upon conviction, be subject to the replacement, repair or restoration
of any damaged park property, and the penalty shall be a minimum fine
of $100 and a maximum penalty of one or more of the following: a fine
not exceeding $2,000, imprisonment not exceeding 90 days, or a period
of community service not exceeding 90 days. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
