[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 11-15-1994 by Ord. No. 18-94 (Ch. 92 of the 1974 Code). Amendments noted where applicable.]
The rules and regulations contained within this chapter shall be applicable within the Borough of Totowa.
It is hereby declared to be for the best interest, health, safety and general welfare of the citizens of the Borough of Totowa that regulations be promulgated for the control of public parks, playgrounds and pools in the Borough of Totowa.
For the purpose of this chapter, the terms used herein are defined as follows:
BALLFIELD
That part of the park area designated for playing all kinds of ball games.
BOROUGH
The Borough of Totowa.
PARENT or GUARDIAN
Any adult person having the care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PARK
A park, reservation or any other area in the Borough, owned or used by the Borough and devoted to recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
POOL
The municipal pool of the Borough of Totowa.
RESIDENT
Includes all families or individuals who are actual residents in the Borough.
TENNIS COURT
That area used for playing tennis within the Borough.[1]
[1]
Editor's Note: Former § 92-4, Use for residents only, which immediately followed this section, was repealed 3-25-2003 by Ord. No. 02-2003.
All provisions of this chapter shall apply to all property owned by the Board of Education of the Borough of Totowa and designated as "park" or "ballfield" by resolution of such Board. Upon such designation and until further action of the Board, such properties hereinafter called "school properties," shall thereafter be included in the definition of "park" or "ballfield" in this chapter as if originally set forth therein; provided, however, that the issuance of permits and the granting of permission or approval and other provisions and conditions of operating policy, as set forth in this chapter, with respect to school properties that are subject exclusively to control by the Board of Education shall be determined by resolution of the Board.
A. 
Requirements concerning use of grounds and facilities. Each person, firm or corporation using the public parks and playgrounds shall:
(1) 
Clean up all debris and leave the premises in good order and the facilities in a neat and sanitary condition.
(2) 
Comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances.
B. 
Prohibited acts. It shall be unlawful for any person, firm or corporation using such parks and playgrounds to either perform or permit to be performed any of the following acts:
(1) 
Property. No one shall:
(a) 
Willfully mark, deface, disfigure injure, tamper with, displace or remove any building, tables, benches, railings, paving or paving material, water lines 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 or playground property or appurtenances whatsoever, either real or personal.
(b) 
Bring in or dump, 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 playground or be left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park or playground by the person responsible for its presence and properly disposed of elsewhere.
(c) 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall anyone attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(2) 
Animals. No one shall:
(a) 
Cause or permit any animal owned or in one's custody or under one's control to go or become at large or cause to be brought in and upon the parks herein.
(b) 
Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw stones or any missiles at or give or offer any poisonous food to any animal, reptile, bird or the eggs of the same, except that the foregoing shall not prohibit the killing of any deadly animal.
(3) 
General conduct. No one shall:
(a) 
Bring in or upon, have brought in or upon or cause to be brought in or upon the park or the grounds thereof any alcoholic beverage, nor sell, purchase, consume or drink any alcoholic beverage at any time in the park. Any person entering the park or found within the park to be under the influence of alcoholic liquor shall be immediately removed.
(b) 
Bring in or cause to be brought in or have in his or her possession or set off or otherwise cause to be exploded, discharged or burned any firecracker, torpedo, rocket or other fireworks or explosive or flammable material, or discharge them or throw them into any area of the park upon the land adjacent thereto. Notwithstanding the foregoing, the park grounds or facilities thereon may be used for a scheduled fireworks program under permit.
(c) 
Build or attempt to build a fire. No person shall drop, throw or otherwise scatter lighted matches, burning cigars or cigarettes, tobacco or any other flammable material within the park.
(d) 
Engage in any disorderly conduct or any behavior tending to cause a breach of the public peace. No person shall disturb or otherwise interfere with any other person or group of persons occupying any area or engaging in any organized activity.
(e) 
Sell or offer for sale any object or merchandise or any other thing within the parks or playgrounds or place any other equipment or apparatus within the parks or playgrounds, except by permit or as may be permitted by rules and regulations in accordance with the requirements set forth in this chapter.
(f) 
Remove or open permanent or temporary barriers, signs, directionals, gates or fences.
(g) 
Picnic or lunch in a place other than those designated for that purpose.
(h) 
Endanger the safety of any person by any conduct or act.
(i) 
Prevent any person from using any park or playground, or any of its facilities, or interfere with such use in compliance with this chapter and the rules applicable to such use.
(j) 
Fail to obey, nor shall any person interfere with, an officer in the proper performance of his duties.
(k) 
Leave any motor vehicles overnight.
(l) 
Leave bicycles, except in racks provided.
(m) 
Ride bicycles or other vehicles without regard to the safety of others.
(n) 
Gamble.
(o) 
Solicit alms or contributions, except with the written permission of the Borough of Totowa.
(p) 
Carry firearms or other weapons.
(q) 
Bring any concession trucks or otherwise sell any food or beverages in park areas or 500 feet from park entrances without the prior written permission of the Borough of Totowa.
C. 
Hours of operation. Public parks and playgrounds shall be opened for any use by any person every day of the year during the hours designated as set forth below:
(1) 
November 1 to March 31: 8:00 a.m. to 8:00 p.m. or 1/2 hour after completion of any scheduled special activities for which the Board of Recreation of the Borough of Totowa has issued a permit therefor.
(2) 
April 1 to October 31: 8:00 a.m. to 9:00 p.m. or 1/2 hour after completion of any scheduled special activities for which the Board of Recreation of the Borough of Totowa has issued a permit therefor.
The Board of Recreation of the Borough of Totowa shall, from time to time, as it shall see fit, by resolution at its public meeting, establish rules and regulations for the control and use of parks, playgrounds and tennis courts within the Borough of Totowa. The Pool Commission shall from time to time, as it shall see fit, by resolution at its public meeting, establish rules and regulations for the control and use of the pool. The rules and regulations shall be published conspicuously in places where effective pursuant to the provisions of N.J.S.A. 40:61-1 et seq.
A. 
Officials. The Borough police shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Ejectment. The Borough police shall have the authority to eject from the park any person acting in violation of this chapter.
C. 
Seizure of property. All police officers shall have authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $25 nor more than $500 for each offense, in the discretion of the Judge of the Municipal Court and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.