Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 4-22-1985 by Ord. No. 306. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Recreation Commissioners — See Ch. 51.
Alcoholic beverages — See Ch. 64.
Land use — See Ch. 150.
Motor-driven vehicles — See Ch. 221.

§ 173-1 Prohibited conduct.

The following conduct and action shall hereafter be prohibited in all public parks and recreational areas owned by the Borough of Buena:
A. 
Willfully marking, defacing, injuring, tampering with or displacing or removing any building or structure, any bridge, tables, benches, fireplaces, waterlines or other public utilities, or parts thereof, any monuments, stake posts or boundary markers, or any signs, notices or placards, whether temporary or permanent, or any other structure, facility or equipment or other park property, either real or personal, owned, maintained or utilized in any public park by the Borough of Buena or the Board of Recreation Commissioners.
B. 
Damaging, marking, defacing, injuring, tampering with or otherwise injuring any rest room, washroom or other facility maintained by the Borough of Buena or the Board of Recreation Commissioners for the convenience and use of the public.
C. 
Digging up or removing any soil, rock, stones, trees, shrubs or plants from any public park or recreational area or making any excavation within the boundaries of any such park or recreational area.
D. 
Constructing or erecting any building or structure, of whatever kind, whether permanent or temporary, without the express written permission of the Board of Recreation Commissioners.
E. 
Damaging, cutting or removing any tree or other plant or intentionally damaging any grass or natural area or otherwise intentionally injuring or damaging the natural beauty or usefulness of any park or recreational area owned or maintained by the Borough of Buena.
F. 
Trespassing into any area of any park or recreational area which is posted as prohibiting such trespass, or driving a motor vehicle, automobile, motorcycle or other vehicle onto any footpath or other area in any park or recreational area which is specifically posted as prohibiting the operation of an automobile, motorcycle or other motor vehicle.
G. 
Hunting, tracking, killing, molesting or otherwise harming any animal, wildlife, reptile or bird which is located in any park or recreational area which is owned by the Borough of Buena or removing the young of any wild animal, the eggs from any nest or the young of any reptile or bird. This provision shall not prohibit the destruction of any dangerous animal, such as a poisonous snake, by the Police Department of the Borough of Buena or by such person or persons as may be authorized by the Board of Recreation Commissioners or the Animal Warden of the Borough of Buena.
H. 
Throwing, discharging or otherwise placing or causing to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or recreation area, or in any tributary stream, storm sewer or drainage area, any substance, matter or thing which may or will result in the pollution of said waters.
I. 
Dumping, depositing or leaving any bottles, broken glass, paper, paper products, boxes, cans, rubbish, waste, garbage or other refuse or trash within any park or recreational area. Neither should any such item mentioned in the first sentence of this subsection be placed in any waters in or contiguous to any park or recreational area or be left upon the grounds thereof. Where proper trash receptacles are provided, every person using any park or recreational area owned by the Borough of Buena shall place any such item described in the first sentence of this subsection in such receptacle. Where receptacles are not provided or are not otherwise available, all such items described in the first sentence of this subsection shall be carried away from the park or recreational area by the person responsible for their presence and properly disposed of elsewhere.
J. 
Operating any automobile, motorcycle or other vehicle or a bicycle in those areas which are specifically permitted in a careless, reckless or unsafe manner so as to endanger the safety of the driver, occupant or other person who may reasonably be using the park or recreational area.
K. 
Swimming or bathing in waters or waterways in or adjacent to any public park or recreational area where such water or waterways are posted against swimming or bathing.
L. 
Congregating, gathering or otherwise remaining upon that portion of any park or recreational area beyond the hours which are specifically permitted by proper signs duly posted by the Board of Recreation Commissioners.
M. 
Erecting, maintaining, using or occupying any tent, shelter or structure of any kind beyond the hours or in violation of any regulations promulgated by the Board of Recreation Commissioners.
N. 
Dressing or failing to dress in such a manner as to indecently expose oneself to other persons who are or may be using the parks and recreational areas of the Borough of Buena.
O. 
Carrying, possessing or using any firearm of any description or any air rifle, spring gun, bow and arrow, sling or any other weapon potentially harmful to wildlife or dangerous to human safety, or carrying, possessing or using any trapping device. Neither shall any person shoot any firearm, air rifle, spring gun, bow and arrow or any other weapon into any park or recreational area from beyond the boundaries of said park or recreational area.
P. 
Starting a fire outside any permanent or temporary fireplace or grill or leaving a park or recreation area before a fire which has been started is completely extinguished.
Q. 
Participating in any game involving the throwing or propelling of objects such as balls, arrows or stones, except in those areas set apart for such forms of recreation.
R. 
Discharging, burning, exploding or having in one's possession any firecrackers, fireworks, torpedo rockets or other type of fireworks or firecrackers; provided, however, that the Council of the Borough of Buena may authorize a properly supervised fireworks display in a designated park or recreational area upon proper application therefor.
S. 
Gambling or participating in or abetting any game of chance, except in such areas and under such regulations, consistent with the laws of the State of New Jersey, as may be authorized by the Board of Recreation Commissioners.
T. 
Engaging in loud, boisterous, threatening, abusive or insulting or indecent language or engaging in any disorderly conduct or behavior tending to breach the public peace.
U. 
Using the parks or recreational areas of the Borough of Buena for the sale, display or distribution of any article or thing or exposing or offering for sale any article or thing, or the placement of any stand, cart or vehicle for the transportation, sale or display of any such article or thing. The Board of Recreation Commissioners may authorize one or more persons, upon proper application, to sell souvenirs in conjunction with the conduct of any contest or game which may be held in any park or recreational area of the Borough of Buena and, in addition, may authorize the sale of food or other refreshments from appropriate refreshment stands which are either operated or leased by the Board of Recreation Commissioners.
V. 
Posting, tacking, gluing or otherwise placing or installing any sign, placard, advertisement or inscription of any nature within any park or recreational area or erecting or causing to be erected any sign whatsoever on any public lands or highways adjacent to any park or recreational area.

§ 173-2 Alcoholic beverages restricted; interference with approved activities.

A. 
It shall be unlawful for any person to consume, transfer, sell or distribute any alcoholic beverage within any park or recreational area owned, operated or controlled by the Borough of Buena or to possess any alcoholic beverage or mixture of alcoholic beverage and other beverages in open containers in any grove, picnic area, ball field, tennis court, parking lot or other park or recreational area owned, operated or controlled by the Borough.
B. 
The prohibition against possessing, consuming or distributing alcoholic beverages as set forth in Subsection A of this section shall not apply to any organization or group which obtains approval to use any land, park or recreational area of the Borough of Buena from the Board of Recreation Commissioners or other municipal authority for a specific function or affair or to any member of said organization or group who consumes, transfers, distributes or possesses any alcoholic beverage during the course of such approved function or affair.
C. 
This chapter shall not apply to any person, organization or group which, after obtaining municipal approval to use any park or recreational area or any portion thereof for a specific function or affair, sells any alcoholic beverage in any park or recreational area where such affair or function is being held pursuant to a special permit issued for a specific function or affair by the appropriate issuing authority pursuant to the laws of the State of New Jersey, or to any person who purchases, consumes, distributes, transfers or possesses any alcoholic beverage within any Borough park or recreational area during the course of such approved function or affair, provided that such consumption, distribution, transfer, possession or purchase is consistent with the laws of the State of New Jersey.
D. 
No person shall disturb or unreasonably interfere with any person, group or organization which is occupying any portion of a park or recreational area of the Borough of Buena or participating in any activity under the authority of a permit or other approval granted by the Borough of Buena or the Board of Recreation Commissioners.

§ 173-3 Hours of operation.

Except for unusual and unforeseen emergencies, parks and recreational areas owned, maintained or operated by the Borough of Buena shall be open to the public every day of the year during such hours as may be designated by the Board of Recreation Commissioners. In the event that no regulation regarding the hours of operation is promulgated, then all such parks and recreational areas shall remain open and available to the public without restriction. The opening and closing hours for any park or recreational area or for any portion thereof shall be posted in conspicuous places by the Board of Recreation Commissioners and may be changed from time to time by resolution of such Board.

§ 173-4 Board of Recreation Commissioners; promulgation of rules and regulations.

A. 
The Board of Recreation Commissioners of the Borough of Buena is hereby designated as the agency to control and regulate the activities in all parks and recreational areas of the Borough of Buena, consistent with the provisions of this chapter.
B. 
The Board shall have authority to promulgate such reasonable rules and regulations as may be necessary for the health, safety, morals and general welfare of the public using the Borough's parks and recreational areas, provided that any such rule or regulation shall only be promulgated after public hearing, notice of which has been given to the public, and thereafter such rules and regulations shall be generally available to the public in the office of the Board of Recreation Commissioners and the office of the Borough Clerk, in the Police Department and such other locations as may be deemed appropriate by the Board of Recreation Commissioners.

§ 173-5 Special events.

A. 
Any person, group or organization shall be entitled to use such portions of the parks and recreational areas of the Borough of Buena as may be properly designated by the Board of Recreation Commissioners for special functions or affairs.
B. 
The Board shall follow the following procedure in granting permits for the use of the Borough's parks and recreational areas for the holding of any such function or affair. It shall make available to any person, group or organization a proper application form, containing:
(1) 
The name and address of the applicant.
(2) 
The name and address of the person or persons sponsoring the activity.
(3) 
The name, address and telephone number of the person or persons who will be in charge of the affair.
(4) 
The day and hours for which the permit is desired.
(5) 
The park, recreational area or portion thereof for which such permit is desired.
(6) 
A description of the function or affair to be held, including the number of people anticipated.
(7) 
Any other information which the Board of Recreation Commissioners shall deem reasonably necessary to a fair determination as to whether a permit should be issued.
C. 
In determining whether or not to issue or deny a permit for a special activity or function, the Board of Recreation Commissioners shall consider the following:
(1) 
Whether the proposed activity or use of the park or recreational area will unreasonably interfere with or detract from the general public enjoyment of the park or recreational area.
(2) 
Whether the proposed activity or use will unreasonably interfere with or be detrimental to the public health, safety or welfare.
(3) 
Whether the proposed activity or use is reasonably likely to result in any violence, crime or disorderly conduct or disturbance in the form of noise or other interference with surrounding property owners or to other persons who may be properly using the park or recreational area at the same time.
(4) 
Whether the proposed activity or use will entail extraordinary burdensome expense in the police operation by the Borough of Buena.
(5) 
Whether the proposed activity or use is likely to damage, destroy or otherwise cause injury to any park or recreational area or any facility, structure or equipment generally maintained or located therein.
(6) 
Whether the park or recreational area or portion thereof sought to be utilized has been previously reserved for use by another group or organization on the same date and during such hours as may cause the proposed functions or activities to conflict.
D. 
Any person aggrieved by the decision of the Board of Recreation Commissioners shall have the right to appeal a denial for a permit by the Board of Recreation Commissioners to the Council of the Borough of Buena, provided that such appeal is made in writing to the Clerk of the Borough of Buena within five working days after such denial has been received. A copy of any such notice of appeal shall be served on the Board of Recreation Commissioners within said five-day period, at which time the Board of Recreation Commissioners shall immediately forward the application and all other documents, together with a summary of its reasons for refusal, to the Clerk of the Borough of Buena. The Council shall consider the application and appeal at a regularly scheduled public meeting or at such special meeting as may be designated by the Mayor or members of the governing body. The Council of the Borough of Buena shall not be obligated to give public notice that it is considering such appeal, but it shall provide an opportunity to be heard to those persons who may be interested in the action or permit which was denied by the Board of Recreation Commissioners. The decision of the Borough Council shall be final, and failure to act upon said appeal within 20 days after receipt of the notice of appeal shall constitute an affirmance by the Council of the decision previously made by the Board of Recreation Commissioners.
E. 
Any person, group or organization, including the members in charge of any function or activity as listed on the application, to whom a permit is issued shall be liable for any loss, damage or injuries sustained by the Borough of Buena or by any person in the park or recreational area of the Borough of Buena by reason of the negligence of any person or any member of the group or organization to whom the permit has been issued. The Board of Recreation Commissioners shall have the authority to require any permittee to submit evidence of liability insurance, covering injuries to members of the general public arising out of any permitted activity or function which is authorized in the park or recreational areas of the Borough of Buena, in such amounts as may from time to time be determined by the Board of Recreation Commissioners prior to the issuance of a permit.
F. 
Revocation. The Board of Recreation Commissioners shall have the authority to revoke a permit, after giving the permittee a public hearing, upon the same grounds that would justify the denial of a permit in the first instance. Any person, group or organization who or which has a permit revoked shall have the right to appeal such revocation to the Council of the Borough of Buena utilizing the same procedures as set forth in Subsection D above.

§ 173-6 Enforcement.

This chapter shall be enforced by the Police Department of the Borough of Buena. The Board of Recreation Commissioners, however, may hire such persons, attendants or other personnel to assist in the enforcement of this chapter and to file complaints against persons found to be violating any of the provisions hereof, as it may deem advisable, consistent with its operating budget. Additionally, the Board of Recreation Commissioners or any employee or attendant hired by it shall have authority to seize and confiscate any property, thing or device in any park or recreational area which is being used or possessed in violation of this chapter.

§ 173-7 Disposition of powers upon disbandment of Board.

In the event that the Board of Recreation Commissioners is disbanded or in the event that it fails to act pursuant to the authority granted by this chapter, then the Clerk of the Borough of Buena shall be authorized to issue permits and to perform all clerical functions provided for in this chapter, and the Council of the Borough of Buena shall be authorized to promulgate regulations, and the Mayor of the Borough of Buena shall otherwise see to the enforcement of this chapter.

§ 173-8 Violations and penalties.

[Amended 1-12-1987 by Ord. No. 329]
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter shall, upon conviction, be subject to such penalties as set forth in Chapter 1, General Provisions, Article III.