[HISTORY: Adopted by the Township Committee
of the Township of Blairstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. XVI (Ord. No. 79-9; Ord. No. 79-13; Ord. No. 80-2; Ord. No. 89-12) of the 1977 Revised General
Ordinances]
This article is enacted to control and regulate
the use and enjoyment of the general public in, to and upon all public
parks, recreation halls or recreation areas acquired at any time by
the Township.
A.
While in a public park, open space, sanctuary, or
recreational hall of the Township of Blairstown, all persons shall
conduct themselves in a proper and orderly manner, and no person shall
bring alcoholic beverages or consume same at any time while in any
of the public parks, open spaces, sanctuaries, or recreational halls.
B.
Alcoholic beverages may be permitted in the Township
Community Halls or in a Township park, with the express written consent
of the Township Committee. The Township Committee may, at its discretion,
limit the use of alcoholic beverages or set restrictions on its use
and distribution. Persons seeking to obtain such consent shall apply
to the Township Committee for such permission. Such application shall
be made in a sufficient time to allow the Township Committee to undertake
a discussion of the applicant's proposal at a regular public meeting
of the Township Committee. Such meeting shall be at a time prior to
the date the applicant seeks permission for such use.
D.
At all times, the facilities of the Township halls,
open spaces, sanctuaries, or public parks shall be cleared of debris
and remain open for inspection by any member of the governing body
or its official designee, including the members of the Police Department.
E.
All persons who, at any time, seek to sell or distribute
goods or services within the facilities of the Township halls, open
spaces, sanctuaries, or public parks shall receive specific permission
for such sales and, in addition, shall comply with all the terms and
provisions of this article.
All persons shall, while in a public park or
recreation area, be responsible for the entry of a dog or other domestic
animal into all areas, and any person so responsible shall be liable
for any damage caused by such animal. Nothing herein shall be construed
as permitting the running of dogs or other domestic animals, at large,
as said dogs shall be held by leash or other appropriate means.
No person in a public park, open space, sanctuary,
and recreation area shall tie or hitch an animal to any tree, plant,
sign, building or structure.
No person in a public park, open space, sanctuary,
and recreation area shall ride a bicycle without reasonable regard
to the safety of others.
A.
No person in a public park, open space, sanctuary,
and recreation area shall bring into or operate any boat, raft, or
other watercraft, whether motor-powered or not, upon any waters or
waterways located in or adjacent to any public park, open space, sanctuary,
or recreation area.
B.
Exception to the foregoing is made in that any private
property adjoining or adjacent to any bodies of water concurrent with
public property may launch and operate a non-motor-powered boat if
operated in a safe and proper manner, or in a lake or other area where
permitted by the Township Committee.
No person shall, while in a public park or recreation
area, build or attempt to build a fire except in designated areas
and under posted regulations.
No person shall set up tents, shacks, or any
other temporary shelter for the purpose of overnight camping, nor
shall any person leave in such areas after closing hours any movable
structure or special vehicle to be used or that could be used for
such purpose, such as a house trailer, camp trailer or camp wagon.
No person in a public park, open space, sanctuary,
and recreation area shall 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.
Any section or part of any park, open space,
sanctuary, or recreational hall may be declared closed to the public
by the Township Committee at any time and for any interval of time,
either temporarily or at regular and stated intervals (daily or otherwise)
and either entirely or merely to certain uses, as the Township Committee
shall find reasonably necessary.
No person in a public park or open space, sanctuary,
and recreation area shall 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 by the Township Committee.
No person in a public park, open space, sanctuary,
and recreation area shall 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 grass areas, or in any
other way injure the natural beauty or usefulness of any area.
No person in a public park, open space, sanctuary,
and recreation hall or building shall willfully mark, deface, disfigure,
injure, tamper with or displace or remove any buildings, bridges,
tables, benches, fireplaces, railing, pavings or paving materials,
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 appurtenances whatsoever, either real or personal.
No person in a public park, open space, sanctuary,
and recreation hall shall 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 or hall by the person responsible for its presence, and properly
disposed of elsewhere.
No person shall, while in a public park or recreation
area, disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
No person shall, while in a public park or recreation
area, 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 inflammable 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.
No person shall, while in a public park or recreation
hall, gamble or participate in or abet any game of chance except in
such areas and under such regulations as may be designated by the
Township Committee.
No person shall ride a horse in any public park,
open space, sanctuary, or recreation area.
No person in a public park, open space, sanctuary,
and recreation area shall hunt, molest, harm, frighten, kill, trap,
pursue, chase, tease, shoot or throw missiles at any animal, wildlife,
reptile or bird; nor shall be/she 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 poisonous, or deadly reptiles, may be killed on
sight.
No person shall, while in a public park or recreation
area, go onto the ice of any of the waters except such areas as are
designated as skating areas, and provided the ice is declared safe.
No person in a public park, open space, sanctuary,
and recreation area shall park a vehicle in other than an established
or designated parking area.
No person shall, while in a public park or recreation
area or hall appear at any place in other than proper clothing.
Except for unusual and unforeseen emergencies,
parks, open space areas, sanctuaries, and recreational areas shall
be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual area shall
be posted therein for public information. Recreation halls shall be
used in accordance with these regulations and any special permit issued
for such use.
A.
No person in a public park, open space, sanctuary,
and recreation area shall park a vehicle in other than an established
or designated parking area.
B.
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 the park areas from 1/2 hour after sunset until
sunrise, except as otherwise permitted by park regulations.
A.
No person shall leave a picnic area before the fire
is completely extinguished and before all trash is placed in the disposal
receptacles 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.
B.
No person shall picnic or lunch in a place other than
those designated for that purpose.
No person in a public park, open space, sanctuary,
and recreation area shall 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 the waters.
No person shall, while in a public park or recreation
area, 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.
No person shall 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.
No person in a public park, open space, sanctuary,
and recreation area shall 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.
No person shall, while in a public park or recreation
area, expose or offer for sale any article or thing, nor shall be/she
station or place any stand, cart, or vehicle for the transportation,
sale, or display of any such article or thing.
No person shall, while in a public park or recreation
area, 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.
No person shall, while in a public park or recreation
area, 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.
No person shall, while in a public park or recreation
area, solicit alms or contributions for any purpose, whether public
or private.
No person in a public park, open space, sanctuary,
and recreation area shall swim or bathe in any waters or waterways
located in or adjacent to any public park, open space, sanctuary,
or recreation area.
No person in a public park, open space, sanctuary,
and recreation area shall drive any vehicle except bicycles on any
area except the park roads or parking areas. Such prohibition shall
not apply to borough maintenance equipment or fire or emergency equipment.
Permits for special events in parks, open space
areas, sanctuary, and recreational halls shall be obtained by application
to the Township Committee in accordance with the following procedures:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Township Clerk stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation,
or association sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or hall or portion thereof for which such
permit is desired.
(5)
Any other information which the Township Committee
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
B.
The Township Committee shall require that all applicants complete
an application for use of recreation facilities for use of any of
the locations named in this chapter. Fees for use will range from
$100 to $450, depending upon the type of organization requesting the
use. The applicant will also be required to pay any additional licensing
fees and/or outside source fees deemed necessary by the municipal
departments reviewing the application. A deposit in the amount of
50% of the total usage fee will be required at the time the application
will be reviewed and approved by the members of the Township Committee.
[Amended 12-14-2016 by Ord. No. 2016-13]
C.
A "special event" shall be defined as any event or
gathering of persons on municipally owned and/or operated property
not organized and conducted by a group, club, civic organization and/or
recreational program designated as an additional insured on the Township
liability insurance policy or policies.
[Amended 6-8-2005 by Ord. No. 2005-08]
D.
Standards for issuance of a use permit by the Township
Committee shall include the following findings:
(1)
The proposed activity or use of the area will not
unreasonably interfere with or detract from the general public enjoyment.
(2)
The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(3)
The proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4)
The proposed activity will not entail extraordinary
or burdensome expense or police operation by the Township.
(5)
The facilities desired have not been reserved for
other use at the date and hour requested in the application.
E.
A permittee shall be bound by all park, open space,
sanctuary, and recreation hall rules and regulations and all applicable
ordinances fully as though the same were inserted in the permits.
F.
The person or entity to whom the permit is issued
shall be liable for all loss, damage, or injury to persons or things
sustained as a result of the special event. The Township Committee
shall have the right to require any permittee to submit evidence of
liability insurance covering all loss, damage or injury that may be
sustained by persons or things as a result of the special event in
such amounts as may be from time to time determined by the Township
Committee prior to the issuance of any permit.
[Amended 6-8-2005 by Ord. No. 2005-08]
G.
Revocation. The Township Committee 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 Township Police Department shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this article.
B.
The Police Department shall have the authority to
eject from the park area any person or persons acting in violation
of this article.
C.
The Police Department shall have the authority to
seize and confiscate any property, thing, or device in the park, or
used, in violation of this article.
Nothing contained in this article shall be construed
or interpreted either directly or by inference to repeal other ordinances
of the Township relating to public parks, recreation halls or other
public areas and rules and regulations adopted by the Township Committee
concerning public parks, recreation halls or other public areas.
No person, firm or corporation may use the lighting
facilities in the public parks, recreation fields or open spaces of
the Township without having first posted a fee in the amount of $30
with the Township Clerk of the Township for the use of said lighting
facilities. The use of this fee shall not apply to the use of the
recreation areas authorized by the Township Committee of the Township
and administered by the Recreation Committee appointed by the Township
Committee.
The Township Committee of the Township does
hereby authorize the appointed members of the Blairstown Township
Recreation Committee to promulgate rules and regulations for the use,
maintenance and enjoyment for the athletic fields of the Township.
Said rules and regulations shall be subject to and approved by a majority
vote of the Blairstown Township Committee.
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 the penalty of
$50 to $500 and/or 30 days in jail.
[Adopted 11-7-2007 by Ord. No. 2007-14]
As used in this article, the following terms
shall have the meanings indicated:
The Townships of Hardwick, Frelinghuysen, and Knowlton when
referred to collectively and adjoining municipality when referred
to in the singular.
The year immediately preceding the year for which fair share
reimbursement is to be made.
Youths residing in adjoining municipalities and participating
in organized activities within the Township of Blairstown conducted
by recreational entities.
Those entities approved by the Township of Blairstown for
the purpose of providing recreational opportunities within said Township.
A.
Each adjoining municipality shall have the right,
but not the obligation, to arrange for the participation of nonresident
youths residing within said municipality to participate in the organized
recreational activities conducted by recreational entities by reimbursing
Blairstown Township a sum that constitutes said municipality's fair
share of the costs incurred by Blairstown Township in providing municipal
services and recreational facilities on behalf of and making financial
contributions to the recreational entities.
B.
The fair share amount to be reimbursed by each adjoining
municipality to the Township of Blairstown for each year commencing
in 2008 and for each year thereafter shall be a sum equal to the sums
contributed by the Township of Blairstown to the recreational entities;
plus the amount expended by the Township of Blairstown for maintenance
of the recreational facilities utilized by the recreational entities;
plus the administrative cost incurred by the Township of Blairstown
in providing these services and facilities during each base year divided
by the total number of all resident and nonresident youths participating
in the organized activities conducted by the recreational entities
during said base year multiplied by the number of nonresident youths
residing in said adjoining municipality.
C.
The fair share reimbursement sum to be paid by each
adjoining municipality for the calendar year 2008 and for each year
thereafter shall be provided to said municipality, in writing, by
the Blairstown Township Recreation Director on or before January 1
of the year in which said payment shall be payable.
D.
Each adjoining municipality shall, on or before February
1 of the year for which the fair share reimbursement shall be paid,
provide the Township of Blairstown with a certified copy of a resolution
adopted by the Township Committee of said municipality authorizing
the fair share reimbursement for the year in which said payment is
payable and shall pay its fair share reimbursement to the Township
of Blairstown on or before February 15 of said year.
E.
Upon payment of its fair share reimbursement to Blairstown
Township by adjoining municipality, said municipality shall be provided
with Blairstown Township recreation participation cards which said
cards shall be distributed by the adjoining municipality to the nonresident
youths residing therein.
A.
Each nonresident youth residing in a municipality that fails to pay Blairstown Township its fair share reimbursement, as calculated in accordance with this article, shall, as a condition precedent to registering in organized activities provided by recreational entities, pay to Blairstown Township a sum equal to the per-youth cost as calculated pursuant to the formula as set forth in § 142-43B of this article.
B.
The sum to be paid to Blairstown Township by nonresident
youths, in accordance with § 144-44A, shall be paid to the
Blairstown Township Recreation Director prior to registration in any
organized activity.
C.
Upon receipt of payment by a nonresident youth, the
Blairstown Township Recreation Director shall issue to said nonresident
youth a Blairstown Township recreation participation card for the
year in which payment is made.
A.
No recreational entity shall permit a nonresident
youth to register in any organized activities conducted by it unless,
as a condition precedent to said registration, said nonresident youth
provides the recreational entity with a Blairstown Township recreation
participation card for the calendar year of participation.
B.
Each recreational entity shall provide the Blairstown
Township Recreation Director with photocopies of all Blairstown Township
recreation participation cards provided to it by nonresident youths
within 10 days of its receipt of same. Each sports organization shall
provide the Blairstown Recreation Director with a roster of all participants
which shall further include name, age, physical address and phone
number prior to commencing the start of the season, and amending same
list during the season to reflect added participants.
A.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency.
B.
Any provision of this article which is for any reason
held invalid or unconstitutional shall be deemed a separate, distinct,
and independent provision and the invalidity thereof shall not affect
the validity of the remaining portions hereof.
C.
This article shall become effective after final passage
and publication according to law.
