Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public consumption of alcoholic beverages — See Ch. 49, Art. II.
Animals — See Ch. 53.
Littering — See Ch. 119.
[Adopted 2-4-1991 by Ord. No. 546-91]

§ 140-1 Prohibited acts.

A. 
It shall be unlawful for any person in a 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 restrooms 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 a special written permit issued hereunder or except as may be authorized by the Borough.
(5) 
Damage, cut, carve, transplant or remove any tree or plant, injure the bark or pick the 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 or stand or sit upon monuments, vases, planters, fountains, railings or 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 Borough park or disturb its habitat within a Borough 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 or federal fish and game laws, nor shall any person fish in the waters traversing or abutting a park, except as may be permitted by the state and/or 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 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 any park or left anywhere on the grounds thereof but 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 in any area except the paved park roads or parking areas or such areas as may, on occasion, be specifically designated as temporary parking areas by the Milford Borough Common Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(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 hour after sunset until sunrise, except as permitted or except as may be related to the use of structures lawfully thereon.
(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 wade in any waters or waterways in any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted, nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Common Council upon a finding that such use of the water would be dangerous or otherwise inadvisable.
(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 guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake or rock or other object outside thereof, except as may be permitted in writing or as authorized by the Common Council.
(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 by the Common Council. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
(18) 
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupant of any other boat.
(19) 
Fish in any area where bathing is permitted, except as may be permitted by law.
(20) 
Shoot into park areas from beyond park boundaries. No person shall carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, 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 and/or 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, unless otherwise authorized in writing.
(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, except as may be authorized by permit or reservation, nor shall any person use such areas and facilities for an unreasonable time or beyond the time authorized by permit or reservation 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 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 those areas designated by the Common Council 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, javelins, 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 or as specifically permitted in writing. 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, 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.

§ 140-2 Rules of conduct.

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. 
Bring in alcoholic beverages or drink the same at any time, except as may be authorized by permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
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 or 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 is in conjunction with any of the foregoing standpoints. At the discretion of the Common Council, permits may be given for conducting properly supervised fireworks in designated park areas.
C. 
Be responsible for the entry of a dog or other domestic animal into areas clearly marked by the Common Council by signs bearing the words "Domestic Animals Prohibited in this Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length.
D. 
Solicit alms or contributions for any purpose, whether public or private.
E. 
Build or attempt to build a fire, except in such areas and under such regulations as may be designated by the Common Council. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
F. 
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.
G. 
Gamble or participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the Common Council.
H. 
Go onto the ice on any of the waters, except such areas as are designated as skating fields, provided that a safety signal is displayed.
I. 
Upon request, fail to produce and exhibit any permit from the Common Council he claims to have to any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
J. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
K. 
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. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Common Council.
L. 
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 whatever on any parklands or highways or roads in any park.

§ 140-3 Hours of operation.

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 for each individual park shall be posted therein for public information and shall be determined from time to time by resolution of the Common Council.

§ 140-4 Discrimination prohibited.

A. 
No person shall, on the grounds of race, color, national origin, religion, age, sex or handicap, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination in any park facility, program or activity.
B. 
Discrimination on the basis of residence, including preferential reservation, membership or annual permit systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence in any park, but nothing contained herein shall be construed so as to preclude or otherwise prevent the establishment by the Borough of a permit or reservation system for park facilities.

§ 140-5 Permit application.

A person seeking issuance of a permit hereunder shall, at least 14 days prior to the date requested, file an application with the Borough Clerk stating:
A. 
The name and address of the applicant.
B. 
The name and address of the person, persons, corporation or associations sponsoring the activity, if any.
C. 
The day and hours for which the permit is desired.
D. 
The park or portion thereof for which such permit is desired.
E. 
Any other information which the Common Council shall, by resolution, find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.

§ 140-6 Standards for issuance of permit.

Standards for issuance of a use permit by the Borough Clerk 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.
B. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of the 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 of police operation by the New Jersey State Police or any other law enforcement agency.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.

§ 140-7 Refusal to issue permit; appeals.

Within 10 days after the receipt of an application, the Borough Clerk shall apprise an applicant, in writing, of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Common Council by serving written notice thereof on the Borough Clerk within 10 days of said refusal. The Borough Clerk shall immediately forward the application and the reasons for his refusal to the Common Council, which shall consider the application under the standards set forth under § 140-6 hereof and sustain or overrule the Borough Clerk's decision at the next regular meeting of the Council. The decision of the Common Council shall be final.

§ 140-8 Rules applicable to permittee.

A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permit.

§ 140-9 Liability.

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. The Common Council shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the permitted group and of the general public arising out of such permitted activities in such amounts as may be, from time to time, determined by the Council prior to the commencement of any activity or issuance of any permit and may further require such permittee to provide security to insure that the premises are not damaged and are maintained properly.

§ 140-10 Revocation of permit.

The Common Council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.

§ 140-11 Enforcement. [1]

A. 
The New Jersey State Police shall, in connection with its duties imposed by law, diligently enforce the provisions of this article.
B. 
The New Jersey State Police shall have the authority to eject from the park area any person or persons acting in violation of this article.
C. 
The New Jersey State Police shall have the authority to seize and confiscate any property, thing or device used in the park in violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 140-12 Supervision of parks.

The Common Council reserves the right, with respect to any or all of the public park and recreation areas and any facilities located therein, to enter into any agreement with the Board of Education of the Borough of Milford concerning the control and use thereof, and anything contained in this article to the contrary notwithstanding, any use of said premises or said facilities by the Board of Education pursuant to any agreement with the Common Council heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Common Council.

§ 140-13 Park buildings.

Any buildings or other structures located on any Borough park property which are leased to any agency shall remain the property of said agency and may be utilized by that agency pursuant to its lease, any provision of this article to the contrary notwithstanding.

§ 140-14 Violations and penalties. [1]

Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a fine not exceeding $2,000; or imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 140-15 Construal of provisions.

This article is in addition to and not in derogation of any other ordinance involving or affecting any of the subject matters contained herein.
[Adopted 5-4-1981 by Ord. No. 263-81]

§ 140-16 Terms and conditions of use. [1]

Use of the Milford Borough tennis and basketball courts is subject to the following terms and conditions in accordance with the following rules and regulations:
A. 
Hours shall be from 8:00 a.m. to 10:00 p.m.
B. 
Reservations. Reservations for court time on weekdays shall be made at the Borough Hall with the Borough Clerk or on a first-come-first-served basis thereafter. Reservations for court time on weekends must be made by 4:00 p.m. on the Friday preceding the weekend.
C. 
All children under the age of 12 years must be accompanied by a parent or a legally responsible guardian or adult.
D. 
No food or beverages shall be permitted on the courts at any time.
E. 
Sneakers or tennis shoes must be worn on the courts at all times.
F. 
No sports or activities other than tennis and basketball shall be conducted on the courts.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 140-17 Posting of rules; liability.

The foregoing rules and regulations shall be posted at the tennis courts, along with the following notice:
TAKE NOTICE
The liability of the Borough of Milford for personal injury or loss to any property on or about or occasioned by or during the use of these premises is limited by law, and the Borough of Milford shall not be responsible for or liable in damages to any person for such personal injury or loss.[1]
[1]
Editor's Note: Original § 140-18, Committee on Tennis Courts, of the 1993 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 140-18 Violations and penalties. [1]

Any person who violates any provision of this article or neglects or fails to comply with any provision of this article or the rules and regulations established herein shall, upon conviction, be liable to a penalty of not more than $50 for the first offense and $100 for each subsequent offense, in the discretion of the Municipal Judge.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).