[Adopted 7-7-1980 as Sec. 3-16 of
Ch. III of the Revised General Ordinances]
A.
Prohibitions.
(1)
No
person in a public park and recreation area shall:
(a)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railing, 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.
(b)
Fail to cooperate in maintaining rest rooms
and wash rooms in a neat and sanitary condition. No person above the
age of five years shall use the rest rooms and wash rooms designated
for the opposite sex.
(c)
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.
(d)
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.
(e)
Damage, cut, carve, transplant or remove any
tree or plant or injure the bark or pick flowers or seed of any trees
or plant, dig in or otherwise disturb grass areas or in any other
way injure the natural beauty or usefulness of any area.
(f)
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.
(g)
Hunt, molest, harm, frighten, kill, 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.
[Amended 6-22-1992 by Ord. No. 1992-5]
(h)
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.
(i)
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 part 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.
(j)
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.
(k)
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.
(l)
Leave a vehicle standing or parked at night
at established parking areas or elsewhere in the park area.
(m)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
(n)
Ride a bicycle without reasonable regard to
the safety of others.
(o)
Leave a bicycle lying on the ground or paving
or set against trees or in any place or position where other persons
may trip over or be injured by them.
(p)
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
purposes of swimming or bathing or congregate thereat when such activities
are prohibited by the Department of Recreation upon a finding that
such use of the water would be dangerous or otherwise inadvisable.
(q)
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 Department
of Recreation for such purposes for each individual site.
(r)
Allow himself to be so covered with a bathing
suit so as to indecently expose his person.
(s)
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.
(t)
Bring into or operate any boat, raft or other
watercraft, whether motor-powered or not, upon any waters, except
at places designated for boating. Such activity shall be in accordance
with applicable regulations as are now or hereafter may be adopted.
(u)
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.
(v)
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.
(w)
Fish in any area where bathing is permitted.
(x)
No person shall carry or possess firearms of
any description or air rifles, spring guns, bows 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.
(y)
Picnic or lunch in a place other than those
designated for the purpose.
(z)
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.
(aa)
Drive, or permit to be driven, any vehicle registered
for 9,000 pounds gross vehicle weight (GVW) on any park road or path,
with the exception of trucks making bona fide deliveries.
(2)
Nothing herein in § 187-1A(2), (5), (6), (10), (16) or (17), or any other subsections contained in this chapter shall be construed to prohibit any group, individual or any authorized organization from temporarily moving vegetation or other noxious growth, or for the temporary removal or moving of any stones, rocks or other materials for the purpose of allowing the launching or disembarking of any canoe, kayak, or other nonmotorized vessel designed for recreational boating activity on or about Rancocas Creek at the “possible boat launch” locations within the Mt. Holly Bypass/RTE 541 Area, OxBow Area, Monroe Park, Mill Dam Park, and Iron Works Park, which are more specifically defined and identified as “possible boat launch” locations in Appendix A to Chapter 187, Parks and Recreation Areas, of the Township Code.[1]
[Added 2-11-2019 by Ord. No. 2019-2]
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
B.
Conduct in particular. 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:
(1)
Bring alcoholic beverages into the park or drink the
same at any time, nor shall any person be under the influence of intoxicating
liquor in a park. The Township Council, in connection with public
celebrations or similar special events, by written permit, may, except
from the provisions of this subsection the consumption of alcoholic
beverages in a public park as specified in such permit, and on a date
and between hours therein specified and subject to conditions designed
to prevent any abuse or disorder resulting therefrom.
(2)
Have in his possession or set 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 Township Council, permits may be given for
conducting properly supervised fireworks in designated park areas.[2]
(3)
Appear at any place in other than proper clothing.
(4)
Solicit alms or contributions for any purpose, whether
public or private.
(5)
Build or attempt to build a fire except in such areas
and under such regulations as may be designated. No person shall drop,
throw or otherwise scatter lighted matches, burning cigarettes or
cigars, tobacco paper or other inflammable materials within any park
or on any highways, roads or streets, abutting or contiguous thereto.
(6)
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.
(7)
Gamble, participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Department of Recreation.
(8)
Go onto the ice on any of the waters except such areas
as are designated as skating fields and provided a safety signal is
displayed.
(9)
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.
(10)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(11)
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.
A.
Except for unusual and unforeseen emergencies and the exclusions noted in Subsections B, C and D below, parks shall be open to the public every day of the year from one hour before sunrise to one hour after sunset. No person and/or vehicle shall be present in any designated park at a time other than these designated hours. The parks governed by these hours are:
|
Carlton Avenue Recreation Area.
| |
|
Chestnut Street Basketball Court.[1]
| |
|
Chestnut Street Recreation Area.
| |
|
Creek Island.
| |
|
Fountain Square.
| |
|
Iron Works.
| |
|
Mill Dam.
| |
|
Millstone Park.
[Added 10-10-1989 by Ord. No. 1989-15] | |
|
Monroe.
| |
|
Murrell Street Park.
[Added 10-10-1989 by Ord. No. 1989-15] | |
|
Recreation area located on west side of Pine
Street and Mill Street.
[Added 10-10-1989 by Ord. No. 1989-15] | |
|
Saul Place Recreation Area
| |
|
The Mount
| |
|
Veterans Park
| |
|
Woolman's Lake
|
[1]
Editor's Note: The reference to the Brainerd
Street Community Center, which immediately followed this entry, was
repealed 10-10-1989 by Ord. No. 1989-15.
B.
The Township Council, in connection with public celebrations
or other special events, may, by written permit, provide for a later
closing hour for a specified park for a specific date and subject
to whatever conditions are needed to ensure the public safety of the
participants.
C.
Persons who are walking through the park on designated
walkways are excluded from the closing hour designation, provided
that their length of time in the park is limited to that required
to traverse the park area.
D.
Persons who are participating in recreation activities
on facilities lighted by the Township are exempt from the closed hour
designation while the lights are functioning.
E.
Any section or part of any park may be declared closed
to the public 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 for certain uses.
Permits for special event in parks shall be
obtained by application to the Department of Recreation in accordance
with the following procedure:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Department of Recreation stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, corporation or
association 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 Department of Recreation
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
(6)
Any organization utilizing the Iron Works Park lights
shall provide a complete roster with the name, address, and telephone
number of all participants prior to use. The Township will access
a fee of $25 per nonresident participant annually.
[Added 2-27-2006 by Ord. No. 2006-03]
(7)
Any organization utilizing the concession stand shall
pay an escrow fee of $500 annually prior to use. The fee will be returned
upon inspection and as long as the Township has not incurred any cost
associated with the use of the concession stand.
[Added 2-27-2006 by Ord. No. 2006-03]
B.
Standards for issuance of a use permit by the Department
of Recreation 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 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 or police operation by the Township of Mount
Holly.
(5)
That the facilities desired have not been reserved
for another use at the date and hour requested in the application.
C.
Appeal.
(1)
Within five days after receipt of an application,
the Department of Recreation shall appraise an applicant, in writing,
of its reasons for refusing a permit, and any aggrieved person shall
have the right to appeal to the Parks and Recreation Committee by
serving written notice thereof on the committee within five days of
said refusal.
(2)
A copy of said notice shall also be served on the Department of Recreation within the same time, and said Department shall immediately forward the application and reasons for its refusal to the committee who shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Department of Recreation's decision within 10 days from the receipt of the appeal by him. The decision of the Parks and Recreation 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 Department of Recreation 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 Department of Recreation prior to the commencement
of any activity of issuance of any permit.
F.
Revocation. The Department of Recreation shall have
the authority to revoke a permit upon the finding of violation of
any rule or ordinance or upon good cause shown.
G.
Permit fees. All groups, organizations and/or leagues
will be required to pay a reasonable fee ("permit fee") to use municipal
facilities and Board of Education facilities scheduled and maintained
by Mount Holly Township. Said fees, rents, rates or other charges
shall be kept on file with the Director of Recreation and may be modified
as appropriate, subject to review and approval by the Township Council
via passage of a resolution. In addition to the permit fee to be established
herein, an additional fee of $25 per field, per evening shall be charged
to any group, organization or league which requests use of the recreational
lighting facilities in any park or recreation area within the Township
to cover the costs associated with use, maintenance and utility charges
for operation of said lighting facilities. Said lighting fee shall
be paid at the issuance of the permit.
[Added 1-14-2008 by Ord. No. 2007-29]
A.
The Police Department, the Department of Recreation
and park attendants shall, in connection with their duties imposed
by law, diligently enforce the provisions of this article.
B.
The Police Department, the Department of Recreation
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 Police Department, the Department of Recreation
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.
[Amended 12-10-1984 by Ord. No. 1984-22; 6-22-1992 by Ord. No. 1992-5]
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 90 days, or both.
