[Adopted 4-20-1987 by Ord. No. 940-87]
A.
No person in a public park and recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings or paving materials, waterlines or other
public utilities or parts 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 park property or appurtenances whatsoever, either real or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person over the age of six years
shall use the rest rooms and washrooms designated for use by the opposite
sex.
(3)
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 agency.
(4)
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 on special
written permit issued hereunder.
(5)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick flowers or seed of any tree or
plant, dig in or otherwise disturb grassed areas or in any other way
injure the natural beauty or usefulness of any area.
(6)
Climb any tree or walk, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall he remove or have in his possession the young of
any wild animal or the eggs or nest or young of any reptile or bird.
Exception to the foregoing is made in that snakes known to be deadly
or poisonous, or deadly reptiles, may be killed on sight.
(9)
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream or other
body of water in or adjacent to any park or any tributary stream,
storm sewer or drain flowing into such water any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of said waters.
(10)
Have brought in or shall dump in, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. No such refuse or
trash shall be placed in any waters in or contiguous to any park 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 park by the
person responsible for its presence and properly disposed of elsewhere.
(11)
Drive any vehicle on any area except the paved
park roads or parking areas or such areas as may on occasion be specifically
designated as temporary areas by the Recreation Commission.
(12)
Park a vehicle in other than an established
or designated parking area, and such shall be in accordance with posted
directions thereat and with the instruction of any attendant who may
be present.
(13)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park areas.
(14)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
(15)
Ride a bicycle without reasonable regard for
the safety of others.
(16)
Leave a bicycle lying on the ground or paving
or set against trees or in any place or position where a person may
trip over or be injured by it.
(17)
Swim, bathe or wade in any waters or waterways
in or adjacent to any park, except in such waters and at such places
as are provided therefor and in compliance with such regulations as
are herein set forth or may be hereinafter adopted; nor shall any
person frequent any waters or places customarily designated for the
purpose of swimming or bathing or congregate thereat when such activities
are prohibited by the Recreation Commission upon a finding that such
use of the water would be dangerous or otherwise inadvisable.
(18)
Frequent any waters or places designated for
the purposes of swimming or bathing, or congregate thereat, except
between such hours of the day as shall be designated by the Recreation
Commission for such purposes for each individual site.
(19)
Erect, maintain, use or occupy on or in any
beach or bathing area any tent, shelter or structure of any kind unless
there shall be an unobstructed view into said tent, shelter or structure
from at least two sides, nor shall any guy wire, rope or extension
brace or support be connected or fastened from any such structure
to any other structure, rock or other object outside thereof.
(20)
Allow himself to be so covered with a bathing
suit so as to indecently expose his person.
(21)
Dress or undress on any beach or in any vehicle,
toilet or other place, except in such bathing houses or structures
as may be provided for that purpose.
(22)
Bring into or operate any boat, raft or other
water raft, whether motor-powered or not, upon any waters, except
at places designated for boating by the Recreation Committee. Such
activity shall be in accordance with the applicable regulations as
are now or will hereafter be adopted.
(23)
Navigate, direct or handle any boat in such
a manner as to unjustifiably or unnecessarily annoy or frighten or
endanger the occupant of any other boat.
(24)
Launch, dock or operate any boat of any kind
on any water between the closing hour of the park at night and the
opening hour of the park the following morning, nor shall any person
be on or remain on or in any boat during said closed hours of the
park.
(25)
Fish in any waters except in waters designated
by the Recreation Commission for that use and under such regulations
and restrictions as have or may be prescribed by the Recreation Commission.
(26)
Fish in any area where bathing is permitted.
(27)
No person shall carry or possess firearms of
any description, or air rifles, spring guns, bow and arrows, slings
or any other forms of weapons potentially inimical to wildlife and
dangerous to human safety, or any instrument that can be loaded with
and fire blank cartridges, or any kind of trapping device. Shooting
into park areas from beyond park boundaries is forbidden.
(28)
Picnic or lunch in a place other than those
designated for that purpose. Attendants shall have the authority to
regulate activities in such areas when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
(29)
Violate the regulation that use of individual
fireplaces, together with tables and benches, follows the generally
accepted rule of "First come, first served."
(30)
Use any portion of the picnic area or any of
the buildings or structures therein for the purpose of holding picnics
to the exclusion of other persons, nor shall any person use such areas
and facilities for an unreasonable time if the facilities are crowded.
(31)
Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles
where provided. If no such trash receptacles are available, then trash
shall be carried away from the park area by the picnicker, to be properly
disposed of elsewhere.
(32)
Set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structure or special
vehicle to be used or that could be used for such purpose, such as
house trailer, camp trailer, camp wagon or the like, except in those
areas designated by the Recreation Commission for those purposes.
(33)
Take part in or abet the playing of any games
involving thrown or otherwise propelled objects, such as balls, stones,
arrows, javelins, horseshoes, quoits or model airplanes, except in
those areas set apart for such forms of recreation. The playing of
rough or comparatively dangerous games, such as football, baseball
and lacrosse, is prohibited except on the fields and courts or areas
provided therefor. Roller-skating shall be confined to those areas
specifically designed for such pastime.
(34)
Ride a horse, except on designated bridle trails,
where permitted; horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
While in a public park or recreation area, all
persons shall conduct themselves in a proper and orderly manner, and
in particular, no person shall:
A.
Bring alcoholic beverages or drink the same at any
time, nor shall any person be under the influence of intoxicating
liquor in a park.
B.
Have in his possession or set up or otherwise cause
to explode or discharge or burn any firecrackers, torpedo rockets
or other fireworks, firecrackers or explosives of flammable material
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition includes any substance,
compound, mixture or article that, in conjunction with any other substance
or compound, would be dangerous from any of the foregoing standpoints.
At the discretion of the Recreation Commission, permits may be given
for conducting properly supervised fireworks in designated park areas.
C.
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the Recreation Commission by signs
bearing the words "Domestic Animals Prohibited in This Area." Nothing
herein shall be construed as permitting the running of dogs at large.
All dogs in those areas where such animals are permitted shall be
restrained at all times on adequate leashes not greater than six feet
in length.
D.
Occupy any seat or bench or loiter or remain in any
pavilion or any other park structure or section thereof which may
be reserved and designated by the Recreation Commission for the use
of the opposite sex. Exception is made for children under six years
of age.
E.
Appear at any place in other than proper clothing.
F.
Solicit alms or contributions for any purpose, whether
public or private.
G.
Build or attempt to build a fire except in such areas
and under such regulations as may be designated by the Recreation
Commission. No person shall drop, throw or otherwise scatter lighted
matches, burning cigarettes or cigars, tobacco, paper or other flammable
material within any park or on any highways, roads or streets abutting
or contiguous thereto.
H.
Enter an area posted as "Closed to the Public," nor
shall any person use or abet in the use of any area in violation of
posted notices.
I.
Gamble or participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Recreation Commission.
J.
Go onto the ice on any of the waters except such areas
as are designated as skating fields, and provided that a safety signal
is displayed.
K.
Sleep or protractedly lounge on the seats or benches
or other areas or engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace.
L.
Upon request to fail to produce and exhibit any permit
from the Recreation Commission he claims to have to any authorized
person who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
M.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
N.
Expose or offer for sale any article or thing, nor
shall he station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Recreation Commission.
O.
Paste, glue, tack or otherwise post any sign, placard,
advertisement or inscription whatever, nor shall any person erect
or cause to be erected any sign whatever on any public lands or highways
or roads adjacent to a park.
P.
No person(s) shall utilize bicycles, scooters, skateboards, roller
skates, lacrosse balls, ice hockey pucks, and/or any other equipment
that is not associated with street hockey on any Township of Hamilton
street hockey court.
[Added 6-6-2022 by Ord. No. 1990-2022]
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information and shall be determined from
time to time by resolution of the Recreation Commission.
B.
Any section or part of any park may be declared closed
to the public by the Recreation Commission at any time and for any
interval of time, either temporary or at regular and stated intervals
(daily or otherwise), and either entirely or merely to certain uses,
as the Recreation Commission shall find reasonably necessary.
Permits for special events in parks shall be
obtained by application to the Recreation Commission in accordance
with the following procedures:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Recreation Commission stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or associations sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit
is desired.
(5)
Any other information which the Recreation Commission
shall find reasonably necessary for a fair determination as to whether
a permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Recreation
Commission shall include the following findings:
(1)
That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2)
That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(3)
That the proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense of police operation by the Township.
(5)
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C.
Appeals.
(1)
Within five days after the receipt of an application,
the Recreation Commission shall apprise an applicant, in writing,
of its reasons for refusing a permit, and any aggrieved person shall
have the right to appeal to the Township Committee by serving written
notice thereof on the Township Clerk within five days of said refusal.
(2)
A copy of said notice shall also be served on the Recreation Commission within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Recreation Commission's decision within 10 days of the receipt of the appeal by the Township Clerk. The decision of the Township Committee shall be final.
D.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permits.
E.
The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of the negligence of the person or persons to whom
such permit shall have been issued. The Recreation Commission shall
have the right to require any permittee to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities in such amounts as may be from time
to time determined by the Commission prior to the commencement of
any activity or issuance of any permit.
F.
Revocation. The Recreation Commission shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance or upon good cause shown.
A.
The Recreation Commission and park attendants shall,
in connection with their duties imposed by law, diligently enforce
the provisions of this article.
B.
The Recreation Commission and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this article.
C.
The Recreation Commission and any park attendant shall
have the authority to seize and confiscate any property, thing or
device in the park or used in violation of this article.
D.
This article shall also be enforced by the Police
Department of the Township.
No owner or driver shall cause or permit his
vehicle to stand outside of designated parking spaces, except for
a reasonable time to take up or discharge passengers or equipment.
No motor vehicle shall be parked in said park areas from 1/2
hour after sunset until sunrise, except as otherwise permitted.
The Township reserves the right, with respect
to any or all of the public park and recreation areas and any facilities
located therein, to enter into any agreement with the Board of Education
of the Township concerning the control and use thereof, and anything
contained in this article to the contrary notwithstanding, any use
of said premises or said facilities by the Board of Education pursuant
to any agreement with the Township Committee or Recreation Commission
heretofore or hereafter entered into shall be free and exclusive from
any control or supervision of or by the Recreation Commission.
Any person violating any of the provisions of
this article or any rule or regulation promulgated pursuant hereto
shall, upon conviction, be subject to the replacement, repair or restoration
of any damaged park property and shall be subject to a fine not exceeding
$1,000 and, in default of payment thereof, may be sentenced to imprisonment
in the county jail in the discretion of the Judge for a term not exceeding
30 days.
This article is in addition to and not in derogation
of any other ordinance involving or effecting any of the subject matters
contained in the within article.