City of Hackensack, NJ Chapter 117 Parks

[HISTORY: Adopted by the City Council of the City of Hackensack 10-5-1959 (Ord. No. 717) as Ch. 8, Art. III, Sec. 15, of the 1959 Revised Ordinances; amended in its entirety 4-15-1974 by Ord. No. 1-74. Subsequent amendments noted where applicable.]

§ 117-1 Rules and regulations: required observance and suspension, special events.

[Amended 11-7-1988 by Ord. No. 21-88]

A. Required observance and suspension. No person shall commit any act or do anything in violation of the rules and regulations contained within this chapter and posted in accordance with N.J.S.A. 40:61-1 in any park or public land in the City of Hackensack. Violation of any rule or regulation contained within this chapter may result in removal from the park facility and/or legal action as prescribed for violations of the Code of Ordinances of the City of Hackensack. The City Council may, however, in its discretion, temporarily suspend such rules and regulations as it deems advisable.

B. Special events. The use of parks and recreational facilities for special events, including organized athletic competitions, organized picnics and organized gatherings, shall be by permit only, as issued by the Superintendent of Recreation after approval by the City Manager.

(1) A person seeking a permit hereunder shall file an application with the Superintendent of Recreation stating the following:

(a) The name and address of the applicant.

(b) The name and address of the person or organization sponsoring the activities.

(c) The day and hours for which the permit is desired.

(d) The park or portion thereof for which such permit is desired.

(e) An estimate of the anticipated attendance.

(f) The nature of the activity for which the permit is sought.

(2) The City Manager shall approve the application for the park's use permit and the Superintendent of Recreation shall issue said permit unless:

(a) At the time the application was filed, a permit was issued or another application was previously filed for use of the desired facilities at the date and hour of requested in the application.

(b) The proposed activity is illegal, or would unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation.

(3) Applications should be as early as possible, but in no event later than 10 business days prior to the event. Within five business days after receipt of an application, the Department of Recreation shall apprise the applicant, in writing, of the City Manager's decision. In the event of a denial, the reasons for refusing a permit shall be listed, and any aggrieved person or organization shall have the right to appeal to the City Council, as provided in Chapter 107 of the Code of the City of Hackensack, entitled "Licenses and Permits."

(4) The City Manager, after conference with the Superintendent of the Department of Recreation, shall have the authority to suspend or revoke a permit upon the finding of violation of any park rule or regulation or city ordinance, upon good cause shown. In the event of a denial, the reasons for refusing a permit shall be listed in writing, and any aggrieved person or organization shall have the right to appeal to the City Council, as provided in Chapter 107 of the Code of the City of Hackensack, entitled "Licenses and Permits."

C. Special activity fee for city-sponsored events. When the City of Hackensack sponsors an event or activity and incurs a cost that directly relates to the event or activity, the City Council may by resolution set a fee for participants in this event or activity, which fee shall be used to offset the cost incurred. Failure to pay this fee shall constitute grounds for denial of participation in the event or activity.

D. The City Manager shall have the authority to issue additional administrative rules and regulations regarding the use of City parks and public lands not specifically contained in Chapter 117 of the City Code if he or she determines that a particular activity or behavior is injurious to any park or public land in the City of Hackensack and an administrative rule or regulation is necessary to address the matter. Notice of such administrative rules and regulations shall be prominently posted in the park(s) or public land(s) where they are to be applicable in a manner reasonably sufficient to advise the public of the regulated or prohibited conduct, and shall be immediately enforceable upon such posting. The City Council shall be notified of any such administrative rule or regulation by the next scheduled City Council meeting after issuance, and may thereafter either 1) formally adopt such administrative rule or regulation by ordinance; 2) adopt a resolution disapproving of the administrative rule or regulation, in which case it shall no longer be applicable; or 3) take no action, in which case the administrative rule or regulation shall remain in place until revised or revoked by the City Manager. A violation of an administrative rule or regulation shall be subject the offender to the penalties set forth in § 1-15 of the City Code. No administrative rule or regulation shall conflict with an express provision of Chapter 117 of the City Code.

[Added 4-5-2022 by Ord. No. 15-2022]

§ 117-2 Animals.

A. In public parks and public areas, no person shall:

(1) Permit any dog or other animal to run at large in any public park. No dogs, except for "guide dogs" and "service dogs" as defined at N.J.S.A. 10:5-5, which are performing the task or service that the dog has been trained to do, shall be permitted in Atlantic Street Park at any time, regardless of whether or not the dog is on a leash or other restraint.

[Amended 4-10-2018 by Ord. No. 12-2018]

(2) Drive or ride a horse anywhere in any place other than upon the drives in said park, and all horses taken into any public park shall be well broken and at all times kept in such control that they may be easily or quickly turned and stopped.

(3) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw any missile at any animal or bird, or have in his possession the young of any wild animal or the eggs or nest of any birds.

(4) Fish in any of the waters in any public park except waters that may be designated for such purpose by the Superintendent of Public Works.

B. Violations and penalties. Any person who permits a dog (except for a guide dog or service dog as defined at N.J.S.A. 10:5-5) in Atlantic Street Park, in violation of § 117-2A(1), shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. All other violations of § 117-2 shall be subject to the penalties established in § 1-15 of this Code.

[Added 6-26-2018 by Ord. No. 29-2018]

§ 117-3 Vehicles. [1]

In public parks and public areas, no person shall:

A. Loiter in an unlighted vehicle in any unlighted area between sunset and sunrise.

B. Park a vehicle in other than established or designated parking areas during daylight hours.

C. Wash or service any automobile or truck or other vehicle.

D. Park or stand a taxicab or other vehicle used for the transportation of passengers for hire, for the purpose of picking up passengers.

E. Drive a commercial motor vehicle used to carry goods, wares, merchandise or rubbish upon any part of any public park.

F. Operate minibikes, snowmobiles or any other motorized equipment, save automobiles, within any conservation, recreation or park area. (Automobiles shall be permitted to be driven only on designated roadways.)

[1] Editor's Note: For provisions as to regulation of vehicles and traffic generally, see Ch. 170, Vehicles and Traffic. See also Ch. 127, Private Property, Parking on, and Ch. 168, Vehicles and Property, Abandoned.

§ 117-4 Vegetation.

In public parks and public areas, no person shall:

A. Damage, cut, carve or remove any tree, shrub or vegetation, or pick the flowers or seeds of any tree, shrub or other vegetation.

B. Spray or otherwise deposit any substance which will or may result in injury or death to birds or wildlife or be injurious to any tree or vegetation.

§ 117-5 Littering. [1]

In public parks and public areas, no person shall:

A. Dump, deposit or leave any bottles, broken glass, ashes, paper, automobile parts, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash, and fail to place such materials in a receptacle placed for such purpose.

B. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake or stream or other body of water in or adjacent to any part of any tributary, stream, storm sewer or drain flowing into such water, any substance or thing, liquid or solid, which will or may result in pollution of said water.

C. Drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, or light, build, kindle or maintain any fire except in places provided for such purpose.

D. Throw debris on the ice of any lake or pond.

E. Dump or otherwise deposit earth, street sweepings or other landfill materials.

[1] Editor's Note: See also Ch. 109, Littering, and Ch. 114, Nuisances.

§ 117-6 Miscellaneous prohibited activities. [1]

In public parks and public areas, no person shall:

A. Gamble or participate in or abet any game of chance.

B. Engage in loud, boisterous, threatening, abusive, insulting or indecent language.

C. Commit any indecent act.

D. Carry, possess, dispense or consume any intoxicating liquors, including wine and beer.

E. Disturb or interfere unreasonably with any person occupying any area or participating in any activity under the authority of a permit.

F. Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or other public utility or paths 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 public property or appurtenances whatsoever, real or personal.

G. Swim or bathe in any area other than the swimming area properly posted as such.

H. Expose or offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale or display of any such article, unless by special permission of the City Council or its designate.

I. Picnic or lunch in a place other than those designated for that purpose.

J. Cause any substance or material to be emptied into any body of water by any means, or tamper with a dam whereby normal water levels will be altered.

K. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription, whether temporary or permanent.

L. Dig, trench or excavate any earth materials by tool, blasting or by any other means.

M. Beg or solicit any subscriptions or contributions of any kind, or tell fortunes.

N. Loiter or remain therein after the closing time.

[Added 8-6-1990 by Ord. No. 20-90]

O. Bring a grill or grilling device into a park, or grill or cook food in any location except where designated grills are located.

[Added 9-28-2015 by Ord. No. 37-2015]

P. Utilize the Splash Pads at Carver Park or Second Ward Park (a.k.a. Polifly Park) unless the person is a child of 12 years of age or younger. Parents, guardians and other authorized caregivers of a child using the Splash Pad are authorized to be in the area of the Splash Pad to provide appropriate adult supervision. Dogs are prohibited at all times from being in any Splash Pad area, except for a guide dog or service dog as defined at N.J.S.A. 10:5-5, which is engaged in performing the task or service that the dog has been trained to do.

[Added 8-21-2018 by Ord. No. 36-2018; amended 8-16-2021 by Ord. No. 32-2021]

Q. On any synthetic turf field in any City park:

[Added 12-3-2019 by Ord. No. 54-2019]

(1) Drink any beverage other than water;

(2) Eat food of any kind;

(3) Chew gum;

(4) Bring any animals onto the field, except for "guide dogs" and "service dogs" as defined at N.J.S.A. 10:5-5, which are performing the task or service that the dog has been trained to do;

(5) Wear metal cleats;

(6) Bring onto the field any sharp objects with the capability of penetrating the synthetic surface;

(7) Allow or operate any unauthorized vehicles.

R. On any City-owned or operated tennis court:

[Amended 9-1-2020 by Ord. No. 32-2020]

(1) Engage in roller blading, roller skating, skate boarding, bike riding, soccer, football, hockey, baseball or cricket;

(2) Utilize the tennis court in excess of one consecutive hour when others are waiting to play;

(3) Fail to wear a shirt or shoes at all times while on the tennis court;

(4) Consume alcoholic beverages of any kind;

(5) Bring any food or glass-bottled drinks onto the tennis court;

(6) Smoke or chew tobacco of any kind;

(7) Bring any pet or animal onto the tennis court, except for "guide dogs" and "service dogs" as defined at N.J.S.A. 10:5-5, which are performing the task or service that the dog has been trained to do;

(8) Offer tennis instruction for any compensation whatsoever without a permit or other form of written authorization from the City, which includes, but is not limited to, any formal or organized program of instruction or practice whether in an individual or group setting;

[Amended 12-7-2021 by Ord. No. 59-2021]

(9) With respect to organized groups or programs of any nature, utilizing more than one tennis court at one time or allowing more than four people onto a tennis court at one time, without a permit or other form of written authorization from the City.

[Added 12-7-2021 by Ord. No. 59-2021]

[1] Editor's Note: See also Ch. 121, Peddling and Soliciting.

§ 117-7 Opening and closing times.

[Added 8-15-1977 by Ord. No. 37-77; amended 8-6-1990 by Ord. No. 20-90]

A. All public parks of the City of Hackensack shall open at 6:00 a.m. throughout the year. All public parks shall close at 9:00 p.m. throughout the year.

B. The closing time set forth herein may be extended in particular parks or portions thereof for specific uses, activities or events, provided that lighting adequate to ensure public safety is provided. Any such extension of the 9:00 p.m. closing time shall be set forth by resolution of the Mayor and Council upon the recommendation of the City Manager.

§ 117-8 Smoking.

[Added 3-4-2014 by Ord. No. 6-2014]

A. Definitions. As used in this chapter, the following words shall have the following meanings:

ENCLOSED AREA

All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.

MUNICIPAL BUILDINGS

Shall include all structures owned, leased, rented and/or operated by the City of Hackensack and/or occupied by City employees and used for official business of the City of Hackensack.

PARKS AND RECREATIONAL FACILITIES

Shall include all public parks, playgrounds, ball fields, publicly owned or leased by the City of Hackensack, and all property owned or leased by the City of Hackensack upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.

SMOKING

The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

B. Prohibition of smoking in public places; signs.

(1) Smoking shall be prohibited in all municipal buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

(2) Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

(3) Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Hackensack and all property owned or leased by the City of Hackensack upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.

(4) Smoking shall be prohibited in any vehicle registered to the City of Hackensack.

C. Enforcement. The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the City of Hackensack.

D. Violations and penalties. Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the City of Hackensack's policies and procedures.