[Adopted 10-12-2000 by Ord. No. 00-25; amended in entirety on 9-26-2011 by Ord. No. 11-21]
The purpose of this chapter is to provide standards and regulations for the use of parks and recreation areas within the Township of Vernon.
For the purpose of this chapter, the following words shall be used as herein defined:
DEPARTMENT OF RECREATION AND COMMUNITY DEVELOPMENT
Duly appointed personnel of the Township, including the Recreation Director and his/her designated staff members.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-hookah, e-cigarillo, vape pen, or under any other produce name or descriptor.
[Added 10-28-2019 by Ord. No. 19-24]
MOTOR VEHICLE
All on-road and off-road vehicles, including but not limited to cars, trucks, vans, motorcycles, minibikes, mopeds, go-carts, dune buggies, and dirt bikes, and any other similar motorized vehicles of the type normally used on land for recreation, entertainment, or pleasure.
PARK/RECREATION AREA
Any property owned or leased by the Township of Vernon which is used for open space and recreation purposes and which is open to the public either without charge or on a fee basis. The term includes, but is not limited to, playgrounds, parks, ball fields, athletic fields located at the public schools, swimming areas, beaches, natural education facilities, and any paths, roadways, sidewalks, and parking areas therein or adjacent thereto.
The rules and regulations promulgated herein shall apply to parks and recreation areas within the Township and, where applicable, by resolution or ordinance of the Township Council, to other lands owned and/or controlled by the Township which are devoted to public recreational use or purpose.
A. 
Hours of operation. All parks and recreation areas shall open at sunrise and shall close 1/2 hour after sunset, unless otherwise posted or designated by a permit issued by the Department of Recreation and Community Development.
B. 
Park closure.
(1) 
Any section or part of any park or recreation area may be declared by the Department of Recreation and Community Development, Department of Public Works Director, Chief of Police or designee or the Mayor or designee closed to the public at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses or when same is filled to capacity or when it is in the public interest to do so.
(2) 
No person shall enter upon or use any park or recreational area which is closed to the public, unless so authorized to do so by one of the aforementioned departments and/or individuals.
(3) 
Permits will become void for the remainder of the season upon failure to comply with an authorized closure.
C. 
Fees. All parks and recreation areas shall be opened to the general public unless specifically restricted by action of the Township Council upon recommendation of the Director of Recreation and Community Development in consultation with the Board of Recreation. The Township Council upon recommendation of the Recreation Director shall have the power to establish fees for the use of all facilities. The Township reserves the right to establish higher fees for nonresidents than for residents. Permits for usage of fields within the Township parks and recreation areas shall be granted upon approval as set forth herein and the payment of a damage escrow of $500 to be held in escrow by the Township. After use of the facilities and inspection by the Township, the escrow shall be returned less any costs for damages related to the usage of the facilities. Damages in excess of the escrow shall be billed to the user.
D. 
Availability. Parks are available on a first-come-first-served basis unless reserved in advance.
E. 
Occupancy limit. All persons shall abide by posted occupancy limits or permits with occupancy limits as set forth for the event.
F. 
Use of parks and recreation areas by organized groups.
(1) 
Parks and recreation areas may not be used by organized groups without written permission.
(2) 
At the joint discretion of the Department of Recreation and Community Development and Police Chief, an organization may be required to hire police, fire, ambulance or other service during the event as per a fee schedule set by the Department of Recreation and Community Development or safety service required, and to be paid by the organization.
(3) 
At the discretion of the Department of Recreation and Community Development, insurance certificates naming the Township as an additional insured may be required depending upon the intended use and group size.
(4) 
No improvements, maintenance, or structural changes shall be made to any of the parks and/or recreational areas by an organization/person at any time without prior written approval by the Recreation Director or the Township (excluding pre-game set-ups and lining of fields) in consultation with the Director of the Department of Public Works.
(5) 
All requests for improvements, maintenance, or structural changes must be made in writing and submitted to the Department of Recreation and Community Development no later than one month before they are to be performed. Depending upon the extent of the work requested, such requests shall also be subject to approval by the Mayor, Township Planning Board and/or Township Council.
(6) 
No person may disturb or interfere unreasonably with any person occupying any area or participating in any activity under the authority of a permit.
(7) 
The Department of Recreation and Community Development shall maintain a master schedule for the reserved use of all recreational areas.
G. 
Peace and quiet. Persons in a park or recreation area shall adhere to noise levels reasonable to all persons in attendance, the determination of which shall be at the discretion of the Department of Recreation and Community Development or any law enforcement officer of the Township of Vernon.
H. 
Abandoned or unattended property. The Township may remove any article or property found in a park or recreation area after posted hours at the owner's expense.
I. 
Animals, wildlife, plant life and waterway activities.
(1) 
Pets brought into a park or recreation area shall be confined or under direct control and on a leash.
(2) 
All pet owners must abide by Township regulations and are responsible for cleaning up after their pet(s).
(3) 
Animals trained to assist the disabled are permitted in all areas.
(4) 
No person shall kill, injure, or disturb any animal or bird, or have in their possession the young of any wild animal, or the eggs or the viable nest or young of any reptile or bird; or damage any grass, trees, flowers, shrubs, plants, soil, rocks, sand, buildings, sign, structure, or equipment upon any premises under the jurisdiction of the Township.
(5) 
No person shall fish from Township property whether by the use of hook and line, net, trap or other device except in waters designated by the Department of Recreation and Community Development or the Township Council for that use and under such regulations and restrictions as have been adopted.
(6) 
Waterway access points for fishing, boat launch and other waterway recreational activities shall be limited to those areas as designated by the Department of Recreation and Community Development, in consultation with the Chief of Police.
(7) 
No person shall cause damage to the natural resources of any park or recreation area.
(8) 
No person shall track, hunt, trap or otherwise engage in the capture of any animal, bird, reptile or other creature in any park or recreational area under the jurisdiction of the Township.
J. 
Weapons and firearms. No person shall carry or use firearms or explosives, air rifles, slingshots, or any weapon in any park or recreation area, except for authorized law enforcement officers. Fireworks displays may be permitted under supervision as directed and required by the Department of Recreation and Community Development.
K. 
Fires, smoking, firewood or fireworks.
(1) 
No person shall build or attempt to build a fire except in designated areas or by permit.
(2) 
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 highway, road, or street abutting or contiguous thereto. Smoking and the use of all tobacco products and electronic smoking devices by any person on park and recreation property of the Township is strictly prohibited.
[Amended 10-28-2019 by Ord. No. 19-24]
(3) 
No person shall leave a picnic area before the fire is completely extinguished.
L. 
Signs. No person or organization shall post by any means or erect or cause to be erected any sign, placard, advertisement, or inscription whatever, in any park or recreation area or highway or road adjacent thereto, without authorization of the Department of Recreation and Community Development.
M. 
Solicitation.
(1) 
No person or organization shall solicit alms or contributions for any purpose, or engage in the business of soliciting, distributing, selling, or peddling any liquids, edibles, goods, wares, merchandise, services, or circulars in any park or recreation area unless authorized by the Department of Recreation and Community Development or Township Council.
(2) 
No person shall gamble or participate or abet any game of chance unless in such areas and under such regulations as may be designated by the Department of Recreation and Community Development.
N. 
Motor vehicles and parking.
(1) 
Motor vehicles are restricted to paved roadways, unless other permission is granted.
(2) 
Vehicles must adhere to posted speed limits.
(3) 
Parking is restricted to designated areas.
(4) 
No vehicle standing or parked after park closure or before park opening in designated park areas, or elsewhere in the park, is permitted, and any vehicle so parked may be towed at the owner's expense.
(5) 
The parking area located by the snack bar near Veteran's Memorial Park is used for medical emergencies. Parking in that area is strictly for vehicles whose drivers are present in the park.
O. 
Trail use. Trails may be used in accordance with posted signs. Trail users are subject to all park rules and regulations.
P. 
Adherence to park signs. All persons are required to adhere to all park signs.
Q. 
Glass containers and garbage.
(1) 
No person shall deposit any garbage or refuse in any park or recreation area except in receptacles provided for such purposes.
(2) 
If garbage receptacles are full, each person must remove their garbage from the park or recreation area.
(3) 
No person shall bring, carry or transport any domestic, commercial, or industrial waste, refuse or garbage into any park or deposit same into any garbage receptacle.
(4) 
No person shall scatter litter or any form of waste material, or break, throw, or place any glass on lawns, walks, roads, benches, tables, wooded, or other areas on any park property.
(5) 
No person shall throw, discharge, or otherwise place or cause to be placed in the water of any pond, lake, stream, or body of water in or adjacent to any park or tributary stream, storm drain, or drain flowing into such water, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters.
R. 
Disruptive behavior.
(1) 
No person shall foul or pollute any fountain or water area within the park.
(2) 
No person in any open space or recreation area shall engage in boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to cause a breach of public peace.
A. 
Permits for activities to be conducted on municipal parks or recreational facilities shall be obtained by application in accordance with the following procedure:
(1) 
A person seeking issuance of a permit hereunder shall file an application with the Department of Recreation and Community Development stating:
(a) 
The name and address of the applicant.
(b) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(c) 
The day and hours for which the permit is desired.
(d) 
The park or portion thereof for which the permit is desired.
(e) 
Any other information which the approving entity shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
(f) 
Variances required from park rules and regulations.
(g) 
In the case of a youth program, an affidavit certifying that all persons in a position supervising children have had a background check as required by § 413-5H.
(2) 
Standards for issuance of a use permit shall include the following findings:
(a) 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park, property or facility.
(b) 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) 
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(d) 
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Township.
(e) 
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
(f) 
That the applicant is in compliance with the background check affidavit requirement of § 413-5G, if the proposed use is a youth program.
(3) 
All applications to use municipal property or facilities within the jurisdiction of the Board of Recreation and Community Development shall be designated as recreation permits and shall be submitted to the Director of Recreation and Community Development for a decision by the Director of Recreation and Community Development.
(4) 
All applications for the use of municipal property or facilities not within the jurisdiction of the Board of Recreation shall be designated as special use permits and be submitted to the Township Clerk to be placed on the Governing Body's agenda for a decision, whose decision shall be final and non-appealable.
B. 
Appeal of recreation permits.
(1) 
Within 45 days after the receipt of an application for a recreation permit, the Director of Recreation and Community Development shall apprise an applicant in writing of its determination to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial.
(2) 
Any aggrieved person shall have the right to appeal to the Township Council a decision under this section of the Director by serving written notice thereof on the Township Clerk within five working days of said refusal. The Mayor, or his designee, shall attempt to mediate any permit denial or dispute.
(3) 
A copy of the appeal notice shall also be served on the Director within the same time, and the Director shall immediately forward the application and the reasons for its refusal to the Township Council who shall consider the application and sustain or overrule the Director of Recreation and Community Development's decision within 30 days from the receipt of the appeal by the Township Clerk. The decision of the Governing Body shall be final.
C. 
A permittee shall be bound by all rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.
D. 
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. A permittee may be required 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 prior to the commencement of any activity or issuance of any permit.
E. 
Revocation. A permit may be revoked by the approving authority upon a finding of violation of any rule or ordinance or upon good cause shown.
F. 
Alcoholic beverages. No permit shall allow the possession, sale or consumption of alcoholic beverages in a park area or on municipal property without a resolution of the Governing Body authorizing the possession, sale or consumption of alcoholic beverages.
G. 
Background check affidavit.
(1) 
Effective January 1, 2012, prior to any club or organization, other than Township-sponsored youth programs, receiving any type of permit to use Township-owned property or facilities for youth programs, the club or organization must complete an affidavit on a form approved by the Mayor certifying that all official coaches, assistant coaches and adults who are in positions of authority or control of youth participants under the age of 18 have completed and passed a background check within the last four years, meaning that the individual has not been convicted of any of the disqualifying offenses set forth in N.J.S.A. 15A:3A-3. The affidavit shall also state that the affiant is not aware of any relevant convictions subsequent to the background check.
(2) 
In the event that a club or organization can not comply with this subsection because background checks have been submitted to the State Police but results have not been received, a conditional permit may be issued for up to 60 days.
H. 
Township-sponsored youth programs.
(1) 
Effective January 1, 2012, all adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth in a Vernon Township sponsored youth program shall submit required information for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police.
(2) 
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Recreation Activities Coordinator shall notify the applicant and the head of the program of affirmative or negative results. The determination shall be based upon § 413-5H(3) of this chapter.
(3) 
In the event the criminal background check reveals any prior convictions for crimes or offenses set forth in N.J.S.A. 15A:3A-3, that individual shall not be allowed to participate in any Township-sponsored youth program.
(4) 
Refusal by individuals required to submit to background checks will result in a dismissal of the individual from any Township-sponsored activities requiring background checks.
(5) 
Any and all criminal background checks shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The records shall be exempt from public disclosure under the common law or the New Jersey Right to Know Law. The records shall only be retained for such period as is necessary to serve their intended and authorized purpose and in conformance with State of New Jersey Division Retention Schedule.
(6) 
All Township-sponsored youth programs that have individuals subject to this chapter shall ensure that background checks are renewed; no less than every four years a new background check shall be submitted.
A. 
The Recreation Director, or other Township official and any Police Officer shall have the authority to eject from any recreation area any person acting in violation of this chapter.
B. 
The Recreation Director, or other Township official and any Police Officer shall have the authority to seize and confiscate any property, thing, or device in a park or recreation area, if the possession or use of such property, thing or device is prohibited.
C. 
It shall be the duty of the Director of Recreation and Community Development with the assistance of the Chief of Police, to enforce the provisions of this chapter. It shall be unlawful for any person to disobey the directive of any person supervising any public park or recreation area, or to disobey the direction of any sign, or to deface, destroy, or remove any such sign.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in Chapter 1, Article II, § 1-19, Violations and penalties. The Municipal Court shall have the power to ban a violator from entering upon or using the parks or recreation areas within the Township until further order of court, upon petition, and for good cause shown.