[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown 9-22-2008 by Ord. No. 2008-16.[1] Other amendments noted where applicable.]
GENERAL REFERENCES
Parks and Recreation Commission — See Ch. 64.
Alcoholic beverages — See Ch. 100.
Boats — See Ch. 116.
Curfew — See Ch. 142.
Dogs and other animals — See Ch. 148.
Drug-Free Zone Map — See Ch. 152.
Garbage — See Ch. 174.
Littering — See Ch. 190.
Mosquito and West Nile Virus control — See Ch. 195.
Noise — See Ch. 201.
Nuisances — See Ch. 202.
Peace and good order — See Ch. 210.
Skateboarding — See Ch. 233.
Vehicles and traffic — See Ch. 258.
[1]
Editor's Note: This ordinance also repealed
former Ch. 206, Parks and Recreation, adopted 7-12-1976 by Ord. No.
1976-10, as amended.
This chapter shall be known as the "City of
Bordentown Parks and Recreation Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the City of Bordentown or his designee.
When a vacancy occurs in the position of Chief of Police, the term
shall also include the highest ranking uniformed police officer in
the City.
Includes all lands and premises to which the City of Bordentown
has title, ownership, possession, occupancy or control of the same
by deed, lease, judgment or order of court, dedication, sufferance,
grant of possession, authorization or permission for use or other
similar vesting of title of ownership, possession, occupancy or control.
Includes all lands and premises within the City of Bordentown
in and to which the Bordentown Regional Board of Education shall have
title, ownership, possession, occupancy or control.
Any motorized vehicle, motorcycle, minibike, moped, go-cart,
snowmobile or other similar power-driven vehicles or equipment.
While in a public park, all persons shall conduct
themselves in a proper and orderly manner; and, in particular, all
persons shall obey the following regulations:
A.
All areas and facilities shall be available on a first-come,
first-served basis unless the City has authorized the use of such
facilities or areas for specific designated times by written permission
as provided for herein. City officials shall have the authority to
regulate activities and use of facilities in such areas to prevent
congestion and to secure maximum use for the comfort and enjoyment
of all. Visitors shall comply with any directives given for this purpose.
The use of any facility shall be reasonable and in lengths of time
in relation to the number of persons desiring to use such facilities.
No person shall arbitrarily or unreasonably exclude or prevent other
persons from using such facilities.
B.
No person shall utilize any facility or area of a
park or recreational area for other than the designated use of said
facility or area. Participating in or abetting the playing of any
games involving thrown or otherwise propelled objects, such as balls,
stones, arrows, horseshoes, quoits or model airplanes, shall be in
those areas set apart for such forms of recreation. The playing of
rough or potentially injurious games, such as football, baseball,
lacrosse and hockey, shall be allowed only on the fields, courts or
areas specifically provided for these uses. Roller-skating and skateboarding,
if allowed, shall be confined to those areas specifically designed
for such activities.
C.
General regulations. All persons shall:
(1)
Properly maintain all picnic areas by placing all
trash, refuse, garbage and debris in designated disposal receptacles
where provided. If no trash receptacles are available, or if available
but full, then trash shall be carried away from the park area by the
picnicker, to be properly disposed of elsewhere.
(2)
Maintain all rest rooms and washrooms in a neat and
sanitary condition.
(3)
Swim, bathe or wade only in public bodies of water
specifically designated for such activities. No person shall use any
waters customarily designated for the purpose of swimming when such
activities are prohibited by the City.
(4)
Obey all regulations where fishing is permitted.
(5)
Appear at any park in only proper clothing, and no
person shall dress or undress in any place, vehicle or structure except
those structures provided and designated by posted notice for such
purpose.
(6)
Be responsible for preventing the entry of dogs or other domestic animals into areas clearly marked "Domestic animals prohibited in this area." In areas where they are permitted, all pets and animals shall be restrained at all times on physical leashes not greater than six feet in length. Unless otherwise specifically authorized in designated dog-run areas, dogs shall not be permitted to run at large. A physical leash shall be constructed of rope or sturdy fabric which is connected to the dog at the collar and held by a person over the age of 12 years. A physical leash shall not include any type of electronic leash or invisible leash. Dogs which have been declared vicious or potentially dangerous pursuant to N.J.S.A. 4:19-22 et seq. or § 148-6 of this chapter are prohibited from any area of the City's public parks which are specifically established and designated as dog-run zones. The riding of horses shall be on designated bridle trails where permitted. Horses shall be thoroughly broken and ridden with due care and shall not be allowed to graze or be unattended; nor shall horses be hitched to any rock, tree or shrub. Where domestic animals are permitted, proper cleanup shall be completed by the responsible person.
[Amended 6-11-2012 by Ord. No. 2012-08]
(7)
Boat only in those waters and at such times as are
designated for such purposes by the City. Any person navigating, directing
or handling any boat shall do so in a manner so as to not unjustifiably
or unnecessarily annoy, frighten or endanger the occupant of any other
boat.
(8)
Ride all bicycles with all reasonable regard to the
safety of others. Bicycling shall be confined to areas so designated
for such activity. Bicycles shall be parked in bicycle racks or other
areas when such facilities are provided.
(9)
Operate, drive and park vehicles only on roads and
parking areas so designated by the City and only during the times
set forth by said City. Vehicles shall be driven in accordance with
posted directions or at the direction of any authorized attendant
who may be present.
A.
No person in a public park or recreation area shall:
(1)
Create a danger or a breach of peace.
(2)
Create any disturbance or annoyance to the comfort
and repose of any person.
(3)
Obstruct the free passage of pedestrians, bicycles,
baby carriages and strollers or vehicles.
(4)
Obstruct, molest or interfere with any person therein
or thereon by making or uttering of loud or offensive or profane or
indecent language or audible and annoying, offensive, disgusting,
insulting or sexually suggestive remarks, comments or phrases or words
to or concerning such person or any passing person or any person in
whose hearing the same are made.
(5)
Willfully mark, deface, disfigure, injure, tamper
with, displace or remove any buildings, bridges, tables, fences, benches,
fireplaces, grills, paving or paving materials, water lines, public
utilities or parts of appurtenances thereof, signs, notices or placards,
whether temporary or permanent, monuments, stakes, posts or other
boundary markers or other structures, facilities, park property or
appurtenances whatever, either real or personal.
(6)
Construct or erect any building or structure of whatever
kind, whether permanent or temporary, or run or string any public
service utility into, upon, under or across such lands, except by
special written permit issued hereunder.
(7)
Dig or remove any soil, rock, sand, stones, wood or
wood materials or make any excavation by tool, equipment, blasting
or other means except with written authorization of the City.
(8)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark, pick flowers or seeds of any plants or
tree, dig in or otherwise disturb grass areas or in any other way
injure the plant life.
(9)
Climb any tree or walk, stand or sit on monuments,
planters, fountains, railings, fences or upon any other property not
designated or customarily used for such purposes.
(10)
Tie or hitch any animal to any tree or plant.
(11)
Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall any person remove or have in his/her possession
the young of any wild animals or the eggs or nest or young of any
reptile or bird. Exception to the foregoing shall be made in case
of self-defense against poisonous snakes.
(12)
Throw, discharge or otherwise place or cause
to be placed in any body of water, 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.
(13)
Dump, deposit or leave trash, dirt, bottles,
broken glass, refuse, garbage, debris or other waste materials.
(14)
Solicit moneys or contributions for any purpose,
whether public or private, unless written permission is granted by
the City.
(15)
Build, attempt to build or start a fire except
in such areas and facilities and under such regulations as may be
designated and set forth by the City. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes, cigars,
tobacco paper or any other flammable material within a park or on
any highways, roads or streets abutting or contiguous thereto.
(16)
Leave a picnic fire unattended nor leave a picnic
area before any fire is completely extinguished.
(17)
Have in his/her possession, or set or otherwise
cause to explode, discharge or burn, any firecrackers, torpedo rockets
or other fireworks and explosives, or discharge or throw said explosives
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
in terms of flammability and explosion. Upon proper application the
City may grant permits for conducting properly supervised firework
displays in designated park areas.
(18)
Carry or possess a knife, slingshot or other
dangerous weapon, firearms of any description or air rifles, spring
guns, bows and arrows, slings or any other form of weapons dangerous
to human safety and wildlife, or any kind of trapping device. Instruments
that can be loaded with and fire blank cartridges may be permitted
upon application and approval of a special permit in accordance with
the standards and regulations set forth herein. Shooting into park
areas from beyond park boundaries is forbidden.
(19)
Bring alcoholic beverages, possess or drink
same at any time in a public park.
(20)
Gamble or participate in or abet any game of
chance except when such game of chance is authorized by permit of
the City.
(21)
Paste, glue, tack, nail 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.
(22)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a valid permit.
(23)
Expose or offer for sale any article or object,
or station or place any stand, cart or vehicle for the transportation,
sale or display of any article or object. Exception is hereby made
to this subsection in connection with any regularly licensed concessionaire
acting by and under the authority and regulation of the City.
(24)
Sleep or protractedly lounge on the seats, benches
or other areas of a park 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 and welfare.
(25)
Fish in any area where bathing is permitted.
(26)
Leave a bicycle lying on the ground or pavement
or set against trees or in any other place or position where other
persons may trip over or be injured by it.
(27)
Go onto the ice except in such areas designated
as skating ponds and provided a safety signal is displayed.
(28)
Fail to produce and exhibit any permit from
the City he/she claims to have upon request of any City official who
shall desire to inspect the same for the purpose of enforcing compliance
with any ordinance or rule.
(29)
Occupy any seat or bench or enter into or loiter
or remain in any pavilion or any other park structure or section thereof
which may be reserved or designated by the City for the use of a specific
group.
(30)
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 City for
such purposes.
(31)
Picnic or lunch in a place other than those
places designated for that purpose. Attendants shall have the authority
to regulate this activity 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 regulations to achieve this
end.
(32)
Cause or permit the vehicle he/she is operating
to stand outside of designated parking spaces, except for a reasonable
time to receive 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.
(33)
Drive, park or stand any vehicle except upon
avenues, streets, road or alleys constructed and provided for the
same and except further vehicles and equipment owned by the City of
Bordentown or authorized by the Board of Commissioners or emergency
vehicles and equipment.
(34)
Violate any rule or regulation duly passed by
resolution of the Board of Commissioners to further implement this
chapter upon such resolution being duly published in the official
newspaper of the City of Bordentown.
(35)
Bring, carry, possess or discard any bottle,
jar, drinking utensil, vessel or container or similar object made
of glass.
A.
The public parks of the City of Bordentown shall operate
between the hours of 6:00 a.m. and 9:00 p.m. during the months of
April through October and from 6:00 a.m. to 6:00 p.m. during the remaining
months of the calendar year. In addition, special application may
be made to the appropriate personnel to extend the hours, said hours
to be extended by permit.
B.
Any person present on the public parks or recreation
areas before opening time and after closing time shall be deemed to
be in violation of this section.
A.
Except for unusual and unforeseen emergencies, all
parks shall be open to the public every day of the year during the
hours designated by the City. Any area or facility may be declared
closed to the public by the City at any time and for any interval
of time, either temporarily or at regular and stated intervals (daily
or otherwise).
Permits for special events or use of particular
areas or facilities of a park or recreational area shall be granted
by the City after submission and review of an application in accordance
with the following standards and regulations:
A.
The application shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation,
association or organization; the name and address of the president
and secretary of said organization and relationship of applicant to
said organization.
(3)
The date and time for which the permit is desired.
(4)
The park or portion thereof for which such permit
is desired.
(5)
The activity to be undertaken or reason for the application.
(6)
The number of persons anticipated to participate.
(7)
Any other information which the City shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued.
B.
Standards for issuance of a use permit by the City.
Standards may include the following findings:
(1)
That the proposed activity or use of the park or recreational
area 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 and maintenance of public
health, welfare, safety and recreation.
(3)
That the proposed activity or uses that are reasonably
anticipated will not induce or tend to induce violence, crime or disorderly
conduct.
(4)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the City.
(5)
That any fees assessed participants or requests for
contributions will be solely for the purpose of offsetting or equaling
the organization's reasonable expectation of expenses to be incurred.
(6)
That the facilities desired have not been reserved
for another use at the date and time requested in the application.
C.
Conditions of issuance. All permits issued shall be
on the condition that:
(1)
The permittee shall be bound by all park rules and
regulations and all applicable ordinances fully as though the same
were inserted in the permit.
(2)
The person, persons or organization to whom the permit
is issued shall be liable for all loss, damage or injury sustained
by any person whatever by reason of negligence of the person, persons
or organization to whom such permit shall have been issued. The City
shall have the right to require that prior to the issuance of a permit
or commencement of the activity, the applicant 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 City.
(3)
The permittee shall maintain the park, recreational
area or facilities by removing all trash or debris and restoring the
area or facilities to a condition equal to or better than its condition
prior to the granting of the permit. In the event that special or
extraordinary maintenance is required or additional costs are incurred
for a proposed use or activity, such costs shall be borne by the applicant.
(4)
No structures shall be erected or placed, no utilities
installed, run or extended and no alteration of a natural or man-made
feature, facility or object shall be allowed unless so authorized
in the permit issued by the City and, when so authorized, in accordance
with its requirements for such use and alterations.
(5)
No permit shall be valid except for the facilities,
area and time expressly set forth therein.
(6)
The permittee will obey any other reasonable requirement,
condition or restriction which the City authorizes.
(7)
Fees may be charged for a permit and the City may
require a cash deposit or bond in reasonable amount to ensure performance
of the terms and conditions of the permit, which deposit shall be
refundable after deducting the cost of necessary expenses incurred
by the City in restoring the leased area to the condition the same
was in at the time the permit was issued, reasonable wear and tear
excepted.
D.
Submission of applications. Applications for permits
shall be submitted to the City or its duly authorized representatives.
If a permit is denied, the applicant shall be given written notice
setting forth the reasons therefor.
E.
Denial of permit. If a permit is denied by the City's
authorized representative, the applicant shall have the right to appeal
said decision to the Board of Commissioners by serving written notice
thereof on the City Clerk within five days from receipt of notice
of denial. A copy of said notice shall also be served on the City's
authorized representatives which denied the permit within the same
time, and said representative shall immediately forward the application
and the reasons for its refusal to the Board of Commissioners, which
shall consider the application under the standards set forth in this
section. The Board of Commissioners shall consider such appeal at
its next regular meeting or prior thereto at a special meeting, which
appeal shall be considered on the record without public hearing. In
any event, the Board of Commissioners shall affirm, reverse or modify
the decision to deny the permit within 30 days from the filing of
notice of appeal, in default whereof the appeal shall be considered
denied. Written notice of the decision of the Board of Commissioners
upon any appeal shall be given to the applicant within 10 days thereof.
F.
Revocation of permit. The City's authorized representative
shall have the authority to revoke a permit if the applicant or any
person acting in his behalf shall violate any of the provisions of
this chapter or any rule or regulation of the City or any of the restrictions,
terms or conditions under which the-permit was issued. In the event
of such revocation, the applicant shall have the right to appeal to
the Board of Commissioners in the same manner and on the same terms
set forth above.
The City or its duly authorized representatives,
including the custodians, supervisors and assistants appointed by
the City, or any police officer, shall be responsible for the enforcement
of this chapter and shall have authority to eject from any park or
recreation area any person or persons acting in violation thereof
and shall also have the authority to seize and confiscate any property,
thing or device which is being used in a park or recreational area
in violation thereof.
No parent or guardian of a minor under the age
of 18 years shall knowingly permit, allow or suffer such minor to
do any act prohibited by this chapter or any rule or regulation duly
passed by resolution of the Board of Commissioners to further implement
this chapter.
Whenever any minor under the age of 18 years
is charged with a violation of this chapter, his parent or guardian
shall be notified of such charge by the Chief of Police.
If at any time within 45 days following the giving of notice as provided in § 206-10 hereof, the minor to whom said notice related or applied is again charged with a violation of this chapter, it shall be reputably presumed that the minor committed such subsequent violation with the knowledge, allowance, permission or sufferance of the parent or guardian of the minor, and said parents or guardian shall thereupon be charged with a violation of this chapter by the person making the charge against the minor or by the Chief of Police.
A.
Violations. Any person who shall violate any rules,
regulations or bylaws duly adopted by the City may be deemed and adjudged
a disorderly person by any court of competent jurisdiction, as provided
by law.
B.
Penalties. Any person violating any of the provisions
hereof, or any rule, regulation or bylaws of the City shall, upon
conviction, be subject to a penalty, either imprisonment for not more
than 90 days or a fine not exceeding $1,000 or both, in the discretion
of the court, and the court may also order the replacement, repair
or restoration of any property damaged by such person in a park or
recreational area.
[Added 4-8-2019 by Ord. No. 2019-04]
A.
PARKS, OPEN SPACE AND RECREATIONAL FACILITIES
SMOKING
Definitions. As used in this section, the following terms shall have
the meanings indicated.
Includes all public parks owned by the City of Bordentown.
Consistent with N.J.S.A. 26:3D-57, means the burning of,
inhaling from, exhaling the smoke from, or the possession of a lighted
cigar, cigarette, pipe or any other matter or substance which contains
tobacco or any other matter that can be smoked, or inhaling or exhaling
of smoke or vapor from an electronic smoking device.
B.
Prohibition of smoking in public places; signs. Smoking shall be
prohibited in Hilltop Park, Second Street Park, Carslake Community
Center Park, Gilder Field, West Street Park, and Lime Kiln Alley Park.
C.
Signage. No-smoking signs or the international no-smoking symbol
(consisting of a pictorial representation of a burning cigarette enclosed
in a circle with a diagonal line through its cross section) shall
be clearly, sufficiently and conspicuously posted at the entrance
to every public place where smoking is prohibited by this section.
The signs shall be clearly visible to the public and shall contain
letters or a symbol which contrast in color with the sign, indicating
that smoking is prohibited therein. The sign shall also indicate that
violators are subject to a fine. However, the posting of such signs
shall not congest the overall appearance of the areas regulated by
this chapter nor impose an inordinate expense upon the City of Bordentown.
D.
Enforcement. City of Bordentown employees, Police Department and
Housing Inspector.
E.
Violations and penalties. Unless another penalty is expressly provided
by New Jersey statute, any person violating any provisions of the
chapter shall, upon conviction, be subject to a fine of not less $250
for the first offense, $500 for the second offense, and $1,000 for
each subsequent offense.