[HISTORY: Adopted by the Annual Town Meeting of the Town of Merrimack 5-8-1990 by Art. 28; last amended by Town Council 12-7-2023. Subsequent amendments noted where applicable.]
In accordance with the provisions of RSA 31:39I(a), the Town of Merrimack hereby adopts this chapter to regulate, protect and preserve the use of Abbie Griffin Park, Bishop Field, Cpl. Tim Gibson Memorial Athletic Complex including Martel & Gibson Fields, Merrimack Skate Park, Reeds Ferry Athletic Fields, Joseph and Josephine Twardosky Ball Field, Twin Bridge Park & Bise Field, Veterans Memorial Park, the park portion of Wassennan Park, Harold and Barbara Watson Park, Weston Park, Street Boat Ramp, Frazier Square, the ATV facility off Lawrence Road and any other Town-owned property designated as being a park or for recreational area (hereinafter referred to collectively as "restricted recreational area(s)"). The declared purpose for this chapter is to enhance certain opportunities for the public for recreation, education, cultural development and other activities consistent with the existing uses and preservation of these restricted recreational areas. Any park rules in addition to those set forth herein shall be posted on the property. This chapter shall be enforced by the Merrimack Police Department.
No person may occupy, remain, stay or loiter upon any restricted recreational areas prior to 1/2 hour before sunrise or 1/2 hour after sunset, except under the direction of or with the written permission from the Town Council, the Town Manager or his designated agents. (This provision shall in no way be intended to preclude authorized and regularly scheduled activities or events from occurring outside of the prescribed times.)
No person shall make or kindle any fire in any restricted recreational area, except in charcoal grills specifically designated for that purpose.
No person shall possess any glass containers in any restricted recreational area.
No person shall throw, leave or discard any trash, rubbish or garbage in any restricted recreational area except in containers provided therefor. Household or construction-related trash cannot be disposed of in park trash containers or dumpsters.
No person shall use, consume, carry or bring any alcoholic beverages or any unlawful drugs as defined by RSA 318-B:1 upon or within any restricted recreational area for any reason. With prior written permission of the Town Council or its designee, alcoholic beverages may be consumed in predesignated areas.
A. 
No parking is allowed in any restricted recreational area, except in designated areas.
B. 
No person shall drive, operate or maintain any motorized vehicle off the roads and designated parking areas within any restricted recreational area.
C. 
Exception: Off-highway recreational vehicles, as defined in RSA 215-A:1(VI), shall be permitted to be driven, operated or maintained only in the ATV facility, located off West Road.
No person shall bring or allow any animal to be in any restricted recreational area, except on a leash in accordance with RSA 466:30-a. The only time dogs are allowed off leash in recreational areas is when they are inside the enclosure fence at the Merrimack Dog Park.
A. 
No person shall discharge firearms within any restricted recreational area.
B. 
No hunting or trapping will be done or permitted within any restricted recreational area unless necessitated by reasons of wildlife management, preservation or conservation practices.
C. 
Fishing shall be permitted at designated times and locations within restricted recreational areas.
No person shall remove or deface any building, equipment, tree, shrub or flower located in any restricted recreational area.
No smoking, vaping or cannabis use shall be permitted in any restricted recreational area except in designated areas.
Town parks/facilities under the jurisdiction of the Director of Public Works or the Director of Parks and Recreation may periodically be closed, in whole or in part, and access denied to the public. No person shall enter upon or use these facilities while under closure without the expressed written permission of the Town. The Town Council and Town Manager shall be notified of all closures before they are effected and notice shall be posted at each point of public access, on the Town website and other electronic media, and in at least two public places in the Town notifying the public of the closure.
A. 
Use of the ATV facility off Lawrence Road shall be limited to Town of Merrimack residents only.
B. 
Swimming activities shall be prohibited from the boat ramp at Veterans Park.
A The Wasserman Park Town Beach shall be for the exclusive use of Merrimack residents and their authorized guests. Nonresident visitors are permitted to use the area only when accompanied by a Merrimack resident or having the appropriate parking pass affixed to their vehicle. Passes shall consist of either a valid Merrimack facility pass or rearview mirror placard.
A. 
The waterfront parking lot, which is located across from the theater, shall be restricted to Merrimack residents only. Signs will identify the parking lot.
B. 
In accordance with New Hampshire Code of Administrative Rules Env-Wq 905.07(b)(2), domestic animals shall be prohibited from the beach and swimming area between June 15 and August 31.
Metal detectors shall be permitted in facilities under the jurisdiction of the Parks and Recreation Department under the following circumstances:
A. 
Metal detectors shall be permitted along the shoreline of the Town beach and a minimum distance of 25 feet away from the active play areas on athletic fields, playgrounds, picnic tables and pavilions, unless otherwise posted.
B. 
No metal detecting shall be done inside the dog park while dogs are inside and playing. Note: This is due to the dog's sensitivity to strangers and/or strange equipment. Not all dogs will tolerate strangers, strange equipment and the strange sounds that these devices tend to make.
C. 
Money or items found whose value is in excess of $5 shall be reported to the Parks and Recreation Department.
A. 
In the above areas, digging shall be permitted as long as all resulting holes are completely filled in. Digging holes to a depth greater than 12 inches shall not be permitted.
B. 
No digging is permitted in any areas of Watson Park due to the sensitive nature of the park.
C. 
Digging and other ground disturbances shall not be permitted on any active play surface on athletic fields or playgrounds.
D. 
Any damage caused by the individual must be immediately reported to the Parks and Recreation Department and the individual may be responsible for paying for any repairs.
A. 
Mineral exploration and collecting using mechanized equipment shall not be permitted on restricted recreational areas, unless permission has been granted by special use permit from the Town Council, Town Manager, or its designated agent.
B. 
Notwithstanding the above, mineral exploration and collecting shall not be permitted at geologic sites, natural preserves or historic sites.
Any person violating the provisions of this chapter shall be guilty of a violation and shall be subject to a penalty not to exceed $1,000 and the cost to repair the damages; such penalty may be used to improve or repair the Town's park facilities.