[Derived from Ch. III, Sec. 3-16, of the
1978 Code]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the following
meanings:
The Borough of Fort Lee.
Any park, reservation, playground, recreation center or any
other area in the borough owned or used by the borough and devoted
to active or passive recreation. All parkland designated and/or operated
by the Palisades Interstate Park Commission shall be subject to the
provisions hereof, except where inconsistent with statutory legislation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term "vehicle" shall include any trailer in
tow of any size, kind or description. Baby carriages and borough vehicles
are excluded from this definition.
No person in any park shall:
A.
Remove, cut, break, deface, defile, ill use or damage,
in any manner whatsoever, any building, equipment, fence, plant, shrub,
tree, turf, soil, signs or any other thing located on park premises.
B.
Have in their possession or use or employ firecrackers,
torpedoes, fireworks or explosives of any kind or nature whatsoever.
C.
Sell, expose for sale or give away any food, goods,
wares or commercial circulars without written permission from the
Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
D.
Expose or post or display any commercial sign, placard
or advising device without prior written permission from the Department
of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
E.
Play, engage or take part in any game or sport for
money or other valuable thing, nor shall any person wager or play
or participate in any game of chance or have possession of any instrument
or device for gambling.
F.
Conduct a public meeting or gathering or an entertainment
of any kind, or preach or harangue or conduct or move in a parade
or procession without prior written permission of the Department of
Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
G.
Solicit for charity or contribution for any purpose
without first obtaining a permit in writing from the Department of
Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
H.
Loiter in or be present on park premises except during
the hours when said premises are open to the public; provided, however,
that organized groups may be present during other hours only with
the prior written permission of the Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
I.
Dress or undress within the park premises, except
at such times or in such places as may be designated by the Department
of Recreation. Nudity is prohibited.
[Amended 5-8-2014 by Ord. No. 2014-18]
J.
Roller skate, ride or bicycle, skateboard or coast
with sleds, carts or other vehicles, except in areas authorized for
such activity, and in such manner as not to interfere with another's
enjoyment.
K.
Knowingly feed birds and animals inhabiting park premises
and knowingly permitting domestic animals to be led or let loose in
the parks, except as participants in an organized function as sponsored
or sanctioned by the Recreation Department or except as set forth
below.
[Amended 11-10-2022 by Ord. No. 2022-23]
(1)
Notwithstanding the foregoing prohibition, and except as otherwise
noted below, leashed dogs may be walked within the parks of the Borough
of Fort Lee, subject to the conditions hereinafter set forth:
(a)
Leashed dogs may not be walked within the following parks or
portions thereof:
[1]
Monument Park located at 1589 Palisade Avenue and Community
Center Great Lawn located at 1355 Inwood Terrace.
[2]
Any portion of any park on which is located or which is within
20 feet of playgrounds, pools, water parks, tennis courts, restrooms,
field houses, baseball fields, dugouts, bleachers, viewing areas or
any designated or improved athletic field.
(b)
The walking of leashed dogs within permitted parks or portions
thereof shall be subject to the following conditions:
[1]
Leashing and control of dogs. No person owning, keeping or harboring
any dog shall suffer or permit it to be in the aforesaid park unless
such dog is accompanied by a person who is capable of controlling
the dog and who has the dog securely confined and controlled by a
leash not greater than six feet in length. Dogs shall be limited to
and walked on dedicated walking paths or trails except if such path
or trail is used by any other person. In such event, the dog shall
be walked within eight feet of such path or trail to the extent practical.
[2]
Carrying of "pooper scooper." No person in charge of or in control
of any dog in the parks shall suffer or permit it to be in the aforesaid
park unless such person shall at all times have on his person a proper
scoop or container or similar efficient sanitary means to immediately
remove any and all feces deposited by the dog, and such person shall
be required to immediately remove and dispose of, in a bag or other
sanitary manner, all feces thus deposited.
[3]
All persons in charge or in control of any dog in the aforesaid
parks are required to immediately and properly dispose of their dog's
waste deposited in the park.
(2)
Notwithstanding the foregoing prohibition, unleashed dogs are permitted
within the following described parks or portions thereof, subject
to the conditions hereinafter set forth:
(a)
The parks or portions thereof in which unleashed dogs may be
walked are as follows:
[1]
Fort Lee Dog Park at William Birch Park located at 519 Stillwell
Avenue, or such other park area as designated by the Borough, in the
specially designated fenced area.
[2]
Such additional parks or portions thereof as may be designated
by the Borough Council by resolution and for which appropriate notices
are duly posted that unleashed dogs are permitted therein.
(b)
Unleashed dogs within the foregoing parks or portions thereof
shall be subject to the following conditions:
[1]
Dog owners shall be legally responsible for their dogs and any
injuries caused by them.
[2]
All dogs must be properly licensed, inoculated and healthy.
[3]
All dogs must wear a collar and ID tag at all times.
[4]
Owners are responsible to clean up after their dogs and to immediately
remove any and all feces deposited by their dog(s) and to dispose
of all feces thus deposited in a sanitary manner.
[5]
The Borough may prohibit any dog which it determines is aggressive.
[6]
Puppies less than four months old are not permitted.
[7]
Dogs must be accompanied by a person at least 12 years of age
or older.
[8]
Dogs in heat are not permitted.
[9]
Dogs must be leashed before entering the designated area and
must be leashed prior to leaving the designated area.
[10]
Owners shall adhere to the posted signage as to the designated
areas for dogs according to weight.
[11]
Owners are required to supervise their dogs at all times, and
owners are prohibited from leaving their leashed dog unattended at
any time and/or tied to any fencing, signpost, pole and/or any other
structure located within the park.
(3)
Enforcement. The provisions of this subsection shall be enforced
by the local Board of Health or its designated agent or agents, or
by the Police Department or any member thereof, or any such other
person designated by the Mayor and Council of the Borough by resolution
duly adopted.
(4)
Violations and penalties. Any person who violates any provisions
of this subsection shall be liable to a minimum penalty of $150 and
a maximum penalty of $250 for each offense in the discretion of the
Municipal Judge. A person who refuses or neglects to pay a fine imposed
hereunder and costs incident thereto may be committed to the county
jail for a period not exceeding 10 days in the case of a first conviction,
and in the case of a conviction for a second, subsequent or continuing
violation, for a period not exceeding 30 days in the discretion of
the Municipal Judge.
L.
Operate a motor vehicle on or within park premises
without authorization from the Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
M.
Drop, place or throw any paper, refuse or other litter
anywhere in or on park premises, except in receptacles provided for
the reception of same.
N.
Erect any tent, stand or structure in any of the parks
or occupy any tent, stand or structure for the purpose of camping
or selling or give away from any tent, stand or structure or vehicles
any food, drink or any other thing without written permission from
the Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
O.
Start or maintain a fire or other heating device within
the park premises, except as specifically authorized by the Department
of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
P.
Fly a motorized model airplane in or on park premises
except in areas designated or as part of a sponsored program of the
Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
Q.
Use loud, violent or obscene language while on park
premises, or act in a disorderly or lewd manner.
R.
Polish, wash, service or repair a motor vehicle, bicycle
or other conveyance anywhere on park premises, providing that this
shall not prohibit the making of emergency repairs.
S.
Have in one's possession, display, bring or use or
be under the influence of intoxicating liquors or controlled dangerous
substances. Subject to the rules and regulations of the State Alcoholic
Beverage Control Commission, alcoholic beverages may be used under
certain circumstances with prior written approval and an issuance
of a permit from the Department of Recreation and Chief of the Fort
Lee Police Department.
[Amended 5-8-2014 by Ord. No. 2014-18]
T.
Use or play with golf clubs or golf balls on any of
the park premises except as part of a sponsored program of the Department
of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
U.
Use glass bottles, containers or other glass objects,
including beverage containers. No person shall break or cause to be
broken any glass or objects thereof on any park premises.
V.
Make or cause any loud or offensive noise to be uttered
in or upon park premises. Neither shall music be played live or from
an electrical device, except from those equipped with individual earphones,
without prior written permission from the Department of Recreation.
[Amended 5-8-2014 by Ord. No. 2014-18]
W.
Park any vehicle in other than an established or designated
parking area or otherwise as directed by an authorized attendant,
or leave any vehicle standing or parked anywhere in a park when such
area is officially closed.
[Amended 5-8-2014 by Ord. No. 2014-18]
X.
Swim, bathe, wade, or playing in any waters or fountains
in or adjacent to any such land except in compliance with posted regulations
and the instructions of authorized recreation attendants.
[Amended 2-23-2006 by Ord. No. 2006-8; 5-8-2014 by Ord. No.
2014-18]
Y.
Carry or possess firearms of any description, bow
and arrows or other weapons or trapping device inimical to wildlife
or dangerous to human safety.
[Amended 5-8-2014 by Ord. No. 2014-18]
A.
No athletic games, sporting events or other activity
may be engaged in, except in such areas, at such times and in such
manner as shall be designated by the Department of Recreation under
the direction of the governing body.
B.
Group athletic activities or sporting events, other
than those affiliated with the Department of Recreation, must have
a valid permit issued by the Department of Recreation under the direction
of the governing body.
C.
Permits shall be obtained from the Superintendent
of Recreation or his duly authorized representative for all athletic
and sporting events or other group activity.
[Amended 5-8-2014 by Ord. No. 2014-18]
A person seeking issuance of a permit hereunder
shall file an application with the Superintendent of Recreation or
his duly authorized representative. The application should state:
A.
Name, address and telephone number of applicant.
B.
Name of organization sponsoring the activity, if applicable.
C.
Date (dates) and hours permit is requested.
D.
The park and facility thereof for which permit is
requested.
E.
An estimate of the anticipated attendance, including
both players and spectators.
A.
Fort Lee residents and organizations will have exclusive
use of park facilities, except at Linwood Park, where Fort Lee residents
and organizations will have priority use.
B.
The Superintendent of Recreation or his duly authorized
representative shall issue a permit when it is determined that:
[Amended 5-8-2014 by Ord. No. 2014-18]
(1)
The proposed activity or use of the park will not
unreasonably interfere with or detract from the general public enjoyment
of the park.
(2)
The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(3)
The proposed activity or use is not reasonably anticipated
to incite violence, crime or disorderly conduct.
(4)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough of Fort Lee.
(5)
The facilities desired have not been reserved for
other use at the date and hour required in the application.
The permit holder shall be bound by all rules
and regulations fully as though the same were inserted in said permits.
Permits are not transferable.
The organization, person or persons to whom
a permit is issued shall be liable for any loss, damage or injury
sustained by any person whomsoever by reason of negligence of the
person or persons to whom such permit shall have been issued.
[Amended 5-8-2014 by Ord. No. 2014-18]
Under the direction of the governing body, the
Superintendent of Recreation or his duly authorized representative
shall have the authority to revoke a permit upon a finding or violation
of any rule or regulation, or upon good cause shown.
[Amended 2-23-2006 by Ord. No. 2006-9; 12-16-2009 by Ord. No.
2010-30; 3-12-2015 by Ord. No. 2015-7]
A.
All Borough parks, playgrounds and recreation areas shall be open
seven days a week.
B.
All Borough parks, playgrounds and recreation areas, except Van Fleet
Park, the Ice Skate Park in the Palisades Interstate Park, and the
recreation center at the western end of Stillwell Avenue, shall open
each day at 8:00 a.m. and shall close at 7:00 p.m. during Eastern
standard time and shall close at 10:00 p.m. during daylight saving
time, unless an activity authorized by the Recreation Department of
the Borough is in progress. The recreation area at the western end
of Stillwell Avenue shall open each day at 8:00 a.m. and close at
10:00 p.m. The Youth Center shall generally be open at 9:00 a.m. and
close at 9:30 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m.
on Saturday and Sunday. The Jack Alter Fort Lee Community Center shall
generally be open at 9:00 a.m. and shall close at 11:00 p.m. daily.
In both the Youth Center and the Jack Alter Fort Lee Community Center,
the hours of operation shall be subject to specific programming.
C.
No person or group of persons shall be in any park for any purpose
except during the hours set forth herein. This exclusion shall not
apply to officials or employees of the Borough in performance of their
duties.
D.
Van Fleet Park.
(1)
Van Fleet Park shall be opened seven days a week from 9:00 a.m. until
10:00 p.m. to persons, groups or organizations that possess a valid
permit from the Superintendent of the Recreation Department.
(2)
Anyone found using Van Fleet Park without a valid permit will be
ejected by the Police Department, the Superintendent of the Recreation
Department, Superintendent of the Department of Public Works, or any
of their agents and will be subject to penalties/punishment as determined
by law.
(3)
No persons, groups or organizations may use Van Fleet Park for any
fund-raising or profit-making activities (such as private instruction
or group instruction) without express permission by the Superintendent
of the Recreation Department.
(4)
Permission for use of Van Fleet Park cannot be transferred from one
individual, group or organization to another individual, group or
organization without authorization by the Superintendent of the Recreation
Department.
(5)
Each permitted group will be responsible for securing Van Fleet Park
when finished with their activity.
E.
Ice Skate Park in the Palisades Interstate Park.
(1)
The Ice Skate Park in the Palisades Interstate Park shall be opened
seven days a week from 10:00 a.m. until 10:00 p.m. during skating
season.
(2)
No persons, groups or organizations may use the Ice Skate Park for
any fund-raising or profit-making activities (such as private instruction
or group instruction) without express permission by the Superintendent
of the Recreation Department.
(3)
The Ice Skate Park is an attend- and/or skate-at-your-own-risk facility,
and will not be supervised; however, the Borough retains the right
to maintain unscheduled surveillance of the facility, in person or
by electronic means, at its sole discretion.
(4)
Skaters age eight and under must be accompanied by a parent/guardian.
(5)
Safety equipment is strongly encouraged within the confines of the
Ice Skate Park: helmets and gloves.
(6)
Participants must provide their own equipment.
(7)
The Ice Skate Park may be closed without notice at the discretion
of the Borough due to inclement weather or other circumstances.
(8)
No outside objects, except skating sports equipment, are allowed
within the immediate area around the rink/park or in the confines
of the skating ice, including bags, knapsacks, etc.
(9)
All participants must skate in such a manner as to avoid collision
with other skaters; unsafe or aggressive ice play/skating, fighting
and other aggressive or disruptive behavior will result in ejection
from the Ice Skate Park.
(10)
Littering, glass containers, alcoholic or other beverages, food,
gum, pets and smoking are strictly prohibited within the Ice Skate
Park.
(11)
Boom boxes, DVD players, television, radios and personal music
devices (iPod, MP3 players, personal CD players, headphones and earphones)
are prohibited. Cellular phones may not be operated while the user
is skating within the confines of the Ice Skate Park.
(12)
No organized events or contests of any kind are allowed in the
Ice Skate Park unless organized and administered by the Borough.
(13)
Use of the Ice Skate Park is a privilege, not a right. The Borough
expects that all users and spectators will be respectful of others
and those in the surrounding area. Profanity, obscene gestures, rowdiness,
fighting and intentional damage to the facility will not be tolerated.
If an individual skater and/or group of skaters are identified as
having not adhered to these rules, that person(s) will be ejected
by the Police Department, the Superintendent of the Recreation Department,
Superintendent of the Department of Public Works, or any of their
agents, will be subject to the loss of privileges to the facility
and will be subject to penalties/punishment as determined by law.
Notwithstanding any other provisions of this
article, the Mayor and Council may, by resolution, adopt any additional
rules and regulations with respect to park facilities, including but
not limited to changing opening and closing hours, designating a portion
or all of a park as being open or closed for any period or interval
of time, designating a portion or all of a park as being for certain
use or uses, and the Mayor and Council may, by resolution, waive any
of the rules, regulations or other requirements contained herein.
The use of Borough parks by an individual or
group of individuals shall be subject to the prior rights of use by
the Borough of Fort Lee or its departments while engaged in the conduct
of official programs.
A.
Enforcement. The Superintendent of Recreation or his
duly authorized representatives shall, in connection with their duties
imposed by law, diligently enforce the provisions of said rules and
regulations.
[Amended 5-8-2014 by Ord. No. 2014-18]
B.
Ejectment. The Superintendent of Recreation or his
duly authorized representatives shall have the authority to eject
from the park any person acting in violation of these rules and regulations.
[Amended 5-8-2014 by Ord. No. 2014-18]
C.
Seizure of property. The Superintendent of Recreation
or his duly authorized representatives shall have the authority to
seize and confiscate any property, thing or device used in the park
in violation of these rules and regulations and must notify the Police
Department of such action immediately.
[Amended 5-8-2014 by Ord. No. 2014-18]
D.
Violation and penalty. Any person violating any of
the provisions of this article shall, upon conviction, be subject
to a fine not exceeding $500 or imprisonment of no more than 90 days,
or both, and in addition shall be subject to pay the cost of replacement,
repair or restoration of any property damaged by such persons.
A.
All above surface construction, except where otherwise
designated by the Borough Engineer, shall be located on the sidewalk
side of the curb, within two feet of the face of the curb or, where
no curb exists, where designated by the Borough Engineer.
B.
Any new installation or extension of existing utility
facilities, including electric, telephone and cable television required
in connection with any new development or construction within the
borough, shall be installed below the surface.
C.
All subsurface construction shall be at such depth
and of such design as to prevent damage from surface loads, and all
surface access points shall be maintained at the grade of the surrounding
right-of-way area.
