This chapter shall be known and be cited as "An Ordinance Establishing
Rules and Regulations for the Safety, Protection and Conduct of Persons
Using Essex County Parks, Reservations, Recreational Facilities, and
other Open Space Property."
Words and phrases shall be read and construed within their context,
and shall, unless inconsistent with the manifest intent of the Board
of County Commissioners of the County of Essex, or unless another
or different meaning is expressly indicated, be given their generally
accepted meaning, according to the approved usage of language. Technical
words, and phrases having a special or accepted meaning in the law,
shall be construed in accordance with such technical or special and
accepted meaning;
No provision hereof shall make unlawful any act performed by any
law enforcement officer, emergency personnel or employee of the County
of Essex in the line of duty or work as such, or by any person and
his agents or employees, in the proper and necessary execution of
the terms of any agreement with the County of Essex;
Any act otherwise prohibited by this chapter or any other ordinance
adopted by the Essex County Board of County Commissioners, provided
it is not otherwise prohibited by law, shall be lawful if performed
under, by virtue of, and strictly with the provisions of a permit,
a County-sanctioned event, or other official form or express authorization
or permission to do so and only to the extent authorized thereby;
and
If any section, sentence, clause, or provision of this chapter, or
the application thereof to any person or circumstance, shall be declared
to be invalid or inoperative by any court of competent jurisdiction,
the remaining sections, articles, or provisions, to the extent that
they are not invalid or inoperative, shall not be affected nor invalidated
thereby and shall be enforced and effectuated.
This chapter shall be effective on any property or land listed in
Essex County's Recreation and Open Space Inventory (ROSI) and further
includes, but is not limited to, lands, fields, parks, forests, reservations,
recreational areas, historical sites, natural resource areas, wildlife
management areas, golf courses, gardens, trails, complexes, facilities,
buildings, structures, bodies of water, reservoirs, pathways, walkways,
roadways, throughways, driveways, and parking areas within any land
or property owned, maintained, or otherwise controlled under the jurisdiction
of the Essex County Department of Parks, Recreation and Cultural Affairs.
This chapter is subject to amendment through subsequent provisions
as recommended by the Director and approved by the Board of County
Commissioners in accordance with the amendment process set forth in
N.J.S.A. 40:41A-101.
The Director of the Essex County Department of Parks, Recreation
and Cultural Affairs shall be responsible for the overall administration
and supervision of operations and recreational activities upon land,
property, and facilities within the County's Recreation and Open Space
Inventory (ROSI) and County parks and property.
The rules and regulations set forth herein shall be liberally construed
to permit the County's various departments, employees, and authorized
agents to discharge their statutory functions.
The County assumes no liability for damage or injury as a result,
directly or indirectly, of natural or man-made conditions encountered
by the public while in or on County parks or property.
The provisions of this chapter shall be enforced by the Director,
County employees, the Essex County Sheriff's Office and by any other
enforcement officer vested with the powers of peace officers as defined
by the laws of the State of New Jersey shall retain jurisdiction to
enforce any violation of state or local laws and regulations.
The provisions of this chapter are not intended to and do not relieve
any person of the duty to comply with any state or federal governmental
laws and regulations governing any activity regulated under this chapter.
If any provision of this chapter is inconsistent with a provision
found in the laws or regulations of the state or federal government,
the more restrictive provision shall control, to the extent permitted
by law.