[Adopted 12-23-1974 by Ord. No. 747 (§§ 145-1
to 145-7 of the 1982 Code)]
For the purposes of this article, the following
terms shall have the meanings indicated:
Any full- or part-time agent or representative in the service
of the Borough of Leonia, whether paid or volunteer. The status of
Borough employee shall be afforded to a person only when acting within
the scope of his employment and upon direction of a supervisor, commissioner,
department head or officer of the Borough.
That body created by ordinance and specifically charged with
the regulation, supervision and review of conservation and ecological
considerations within the Borough.[1]
That portion of Borough property located in the southeast
corner of the Borough abutting the boundary lines of the Borough of
Fort Lee and Borough of Palisades Park, which land was acquired to
be preserved as a natural area.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
The Highwood Hills natural area shall be open
to all persons. Persons entering and using such area shall be governed
by the rules and regulations adopted herein.
No person, except a Borough employee, within
Highwood Hills shall:
A.
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 agencies.
B.
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 pursuant to
a special use permit.
C.
Damage, cut, carve, transplant or remove any tree,
bark or plant, pick flowers or seed of any tree or plant, dig in or
do damage to grass areas or in any other way injure the natural beauty
or usefulness of any area.
D.
Allow any dog in his or her custody to be unleashed.
E.
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal or wildlife, nor
shall the young or the eggs or nest of any animal or wildlife be removed
or disturbed.
F.
Throw, discharge or otherwise place or cause to be
placed in the waters of any pond, stream or other body of water or
any tributary system, storm sewer or drain flowing into such water
any substance, matter or thing, liquid or solid which will or may
result in the pollution, diversion of flow or reduction of flow of
said waters.
G.
Have brought in or dump in, deposit or leave any bottles.
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage,
refuse or other trash. No such refuse or trash shall be placed in
any waters 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 area by the person responsible for its presence and properly
disposed of elsewhere.
H.
Drive or park any vehicle on any area of Highwood
Hills, unless authorized to do so.
I.
Ride or race a bicycle, motor bicycle, motorcycle,
motor scooter, skateboard, snowmobile, or any other vehicle on any
area.
[Amended 8-4-1986 by Ord. No. 1027]
J.
Carry or possess firearms of any description or air
rifles, spring guns, bows and arrows, cutting implements, slings or
other forms of weapons potentially inimical to wildlife or dangerous
to human safety or any instrument that can be loaded with and fire
blank cartridges or any kind of trapping device, nor shall any person
shoot into the natural area from beyond its boundaries.
K.
Possess, set or otherwise cause to explode, discharge
or burn any firecrackers, torpedo rockets, other fireworks or similarly
dangerous compounds, substances or mixtures.
L.
Build or attempt to build a fire, except under such
regulations as may be designated by the Environmental Commission,
or drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco, paper or other flammable material.
M.
Enter an area posted as "Closed to the Public," use
or abet a use of an area in violation of posted notices.
While in Highwood Hills, all persons shall conduct
themselves so as not to unnecessarily disrupt the rights of others
to use and enjoy the area. Fighting, disturbing of assemblies, molesting
or interfering with other persons, loitering or creating a disturbance
while under the influence of alcohol and any and all other activities
which would disturb the peace and natural surroundings shall be prohibited.
Any part or all of Highwood Hills may be declared
closed to the public by the Environmental Commission at any time and
for any interval of time, either temporarily or at regular and stated
intervals, daily or otherwise, and either entirely or merely, for
certain uses, as the Environmental Commission shall find reasonably
necessary to the protection of the area and interests of the public.
The Environmental Commission shall assure that notices shall be posted
so as to inform the public of such closing.
Permits shall be required for a special, otherwise
prohibited use and for group activities, either formal or informal,
involving 10 or more persons.
A.
Application procedure. Persons seeking issuance of
a permit hereunder shall file an application with the Environmental
Commission stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(3)
The date and hours for which the permit is desired.
(4)
The portion of the natural area for which such permit
is desired.
(5)
The number or approximate number of people who will
be participating in the activity or use.
(6)
Any other information which the Environmental Commission
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
B.
The Environmental Commission shall use the following
standards in determining whether a permit should be issued:
(1)
That the proposed activity or use of Highwood Hills
will not unreasonably interfere or detract from the general public
enjoyment of the natural area.
(2)
That the proposed activity and use will not unreasonably
interfere or detract from the promotion of public health, welfare,
safety and recreation.
(3)
That the proposed activity or use reasonably anticipated
will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police activity by the Borough. The Environmental
Commission shall consult with the Chief of Police prior to the making
of this determination.
(5)
That the facilities desired have not been reserved
for other use on the date and hour requested in the application.
C.
Permit issuance and restrictions. The Environmental
Commission may issue a permit after consideration of the above-mentioned
factors and may place restrictions upon the permit which may include
but shall not be limited to the following:
(1)
The acquiring of liability insurance and submission
of proof of the same, which insurance shall cover injuries to members
of the general public or to the natural area.
(2)
Date, time and area use restrictions.
(3)
Limitation of the number of persons.
(4)
A statement to the effect that by accepting the permit
the permittee shall agree to be bound by all of the rules and regulations
of this article, the ordinances of the Borough and the laws of this
state as though they were inserted in said permit.
D.
Permit revocation. The Environmental Commission shall
have the authority to suspend or revoke a permit for the finding of
violation of any of the rules, regulations or ordinance or for other
good cause shown. In the event of imminent potential damage or injury,
the permit may be suspended pending a hearing by the Environmental
Commission.
E.
Appeals.
(1)
Within five days after the receipt of an application,
the Environmental Commission shall apprise an applicant, in writing,
of its reasons for refusing a permit.
(2)
Any person aggrieved by a determination of the Environmental
Commission shall have the right to appeal to the Mayor and Council
by serving written notice upon the Borough Clerk within five days
of said determination.
[Amended 10-4-1982 by Ord. No. 949]
For the violation of the provisions of this article, upon conviction in a court of competent jurisdiction, there may be imposed a penalty as set forth in Chapter 1, Article I, General Penalty. For purposes of penalty, each violation of the rules and regulations enumerated herein shall constitute a separate offense.
