Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 4-8-1998 by Ord. No. 98-3. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 54.
Alcoholic beverages — See Ch. 98.
Animals — See Ch. 105.
Littering — See Ch. 200.
Loitering — See Ch. 202.
Peace and good order — See Ch. 220.
Recreation — See Ch. 227.

§ 217-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PARK
Includes all playgrounds and land area owned, controlled or operated by the Borough and devoted to or used for recreational purposes.

§ 217-2 Purpose.

This chapter is enacted to establish rules and regulations for the protection, care and control of Borough parks and to regulate the conduct of persons on or within such parks or using the facilities thereof.

§ 217-3 Compliance required.

No person shall violate any regulation adopted by the Borough Council, or any rule made and promulgated by the Board of Recreation Commissioners governing the use of Borough parks, the facilities therein and the conduct of persons using such parks and park facilities.

§ 217-4 Permits and rates.

[Amended 4-13-2006 by Ord. No. 2006-5]
A. 
The fee for a permit for the use of Arbolino Park or Indians Field shall be as follows:
(1) 
Athletic fields:
(a) 
For single use: $40.
(b) 
Per season, including practices: $400.
(c) 
If lights are required, the expense shall be the responsibility of the user.
(2) 
Other nonathletic use:
(a) 
For a group of 20 people or less: $25.
(b) 
For a group of over 20 people: $50.
B. 
The fee for a permit for the use of DiRenzo Park or the Municipal Park at the corner of Ledgewood Avenue and Main Street shall be as follows: $25 per use.
C. 
Permits and rates for the use of other park facilities shall be such as may be required and established by the governing body.

§ 217-5 Application information.

Applications for a park permit shall be filed with the Board of Recreation Commissioners not less than 14 days nor more than 60 days before the date on which such activity is proposed. Such application shall be sworn to and shall state:
A. 
The name of the person or organization wishing to conduct the activity.
B. 
If the activity is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization.
C. 
The name, address and telephone number of the person who will be the chairman of the event and who will be responsible for the activity.
D. 
The name, address and telephone number of the person or organization to whom the permit is to be issued.
E. 
The date when such activity is to be conducted.
F. 
The park or portion thereof for which such permit is desired.
G. 
An estimate of the anticipated attendance.
H. 
The hour when such activity will start and terminate.

§ 217-6 Insurance requirements.

A. 
The applicant shall submit a certificate of insurance at the time of the filing of the application, which certificate shall certify that the applicant has in effect such public liability and property damage insurance as shall protect the applicant and the Borough of Netcong from any and all claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise out of the proposed activity. The amounts of such insurance shall be not less than the following:
(1) 
Bodily injury. Each person: $1,000,000; each accident: $2,000,000.
(2) 
Property damage. Each accident: $1,000,000.
B. 
The Borough of Netcong shall be named as an additional insured on all of the applicant's liability policies.
C. 
All applications for use of the Roxbury Athletic Fields shall also include a certificate of insurance naming the Netcong Board of Education as an additional insured on the applicant's liability policies.

§ 217-7 Criteria for granting permits.

The Board of Recreation Commissioners shall grant and issue such park permit if:
A. 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
B. 
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
C. 
The facilities desired have not been reserved for other use at the day and hour required in the application.
D. 
The conduct of such activity will not substantially interrupt the safe and orderly movement of traffic.
E. 
The conduct of such activity will not require the assignment of an inordinate number of Borough police officers to properly police such activity in the area contiguous thereto, thus inhibiting the Borough's ability to maintain its normal standard of police protection.
F. 
The conduct of such activity is not likely to cause injury to persons or property, incite violence, crime or disorderly conduct.
G. 
Such activity is not to be held for the sole purpose of advertising any product, goods or event and is not designed purely for private profit.

§ 217-8 Contents of permit.

Each park permit shall state the following:
A. 
Date of such activity.
B. 
Park or portion thereof to be used.
C. 
Hour when such activity shall start and terminate.

§ 217-9 Acts prohibited.

No person in any park or recreation area shall:
A. 
Kill, injure or disturb any animal or bird or damage any grass, tree, shrub or plant or any building, sign, structure or equipment upon any premises under the jurisdiction of the Borough.
B. 
Carry firearms or explosives, air rifles, bows and arrows, sling shots or any weapons.
C. 
Scatter litter or any form of waste material.
D. 
Use any loud, violent, obscene or profane language or to act in a disorderly manner or to commit any nuisance.
E. 
Break, throw or discard any glass on lawns, walks, benches, tables or other areas on any park property.
F. 
Disturb or interfere with any improvements made or being made in or about the parks.
G. 
Enter upon any portions of the grounds in disregard of signs or posted notices forbidding the same.
H. 
Allow any dog to run at large in the parks. Any dog found in any such park shall be deemed to be running at large unless the owner of the dog carries him or leads him by a strap or rope not exceeding six feet in length.
I. 
Sell, vend or give away, in or upon any of the parks or drives, any articles of merchandise without the written authorization of the Board of Recreation Commissioners.
J. 
Throw, cast, catch, kick or strike any baseball, golf ball, football or basketball, or any other object except in designated places.
K. 
Have alcoholic beverages in his or her possession, without the written authorization of the Borough Council.
L. 
Throw or place any foreign or waste substance in any lake or stream in or bordering upon any of the parks, or swim or bathe therein except in such places and at such times as the Board of Recreation Commissioners may direct.
M. 
Throw, cast, lay or drop, discharge into or allow to remain in the waters of the parks or of any stream or lake bordering thereon any substance, matter or things, which may or shall result in the pollution of said waters.
N. 
Fail to comply with regulations posted or signs adjacent to the entrance ways to said parks.
O. 
Ride or drive any off-road vehicle or all-terrain vehicle (ATV), minibike or dirt bike within any park area.
P. 
Kindle or make any open fire.
Q. 
Violate any rule for the use of the park or its facilities made or approved by the Board of Recreation Commissioners.

§ 217-10 Hours of operation.

The Borough's parks shall be open daily to the public during, those hours established and posted by the Board of Recreation Commissioners. No person other than Borough personnel conducting Borough business therein shall occupy or be present in the park during any hours in which the park is not open to the public. Any person who enters a park or is otherwise present in a park when such park is not open to the public shall be subject to the penalties set forth in this section.

§ 217-11 Regulatory power.

The Board of Recreation Commissioners is hereby empowered to promulgate and publish rules and regulations not inconsistent with the provisions hereof to govern recreational activities within the parks.

§ 217-12 Regulation nonexclusive.

The provisions of this chapter are in addition to, and not in repeal of, except where inconsistent herewith, otherwise applicable requirements, prohibitions and provisions of law.

§ 217-13 Enforcement.

The provisions, prohibitions and requirements of this chapter shall be enforced by the Borough Police Department.

§ 217-14 Violations and penalties.

[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.