[Adopted 7-22-1969 by Ord. No. 663]
This article shall be known and may be cited as the "Parks or
Recreation Facilities Control Ordinance."
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
B.
BOROUGH
BOROUGH ADMINISTRATOR
PARK or RECREATION FACILITY
PERSON
VEHICLE
Definitions. For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meaning given
herein:
The Borough of Westwood.
Refers to all public parks, playgrounds and other publicly
owned venues, both indoors and outdoors, within the Borough of Westwood
which are owned, used or controlled by the Borough for recreational
purposes, meetings, expositions, social functions and similar activities.
[Amended 8-15-2000 by Ord. No. 00-14[3]]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the Borough parks or recreation facilities.
[1]
Editor's Note: This ordinance also provided that all references
in this article to the Borough Manager shall be changed to Borough
Administrator.
No person in a park or recreation facility shall:
A.
Disfiguration and removal. Willfully mark, deface, disfigure, injure,
tamper with or displace or remove any buildings, bridges, tables,
benches, fireplaces, railings, paving or paving material, 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.
Rest rooms and washrooms. Fail to cooperate in maintaining rest rooms
and washrooms in a neat and sanitary condition. No person over the
age of six years shall use the rest rooms and washrooms designated
for the opposite sex.
C.
Removal of natural resources. Dig or remove any soil, rock, stones,
trees, shrubs or plants, down timber or other wood or materials or
make any excavation by tool, equipment, blasting or other means or
agency.
D.
Erection of structures. Construct or erect any building or structure
of whatever kind, whether permanent or temporary in character, or
run or string any public service utility into, upon or across such
lands, except on special written permit issued hereunder.
No person in a park or recreation facility shall:
A.
Injury and removal. 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 any person 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.
B.
Climbing and similar activities. Climb any tree or walk, stand or
sit upon monuments, vases, fountains, railings, fences, ornamental
urns, flower boxes, gun carriages or upon any other property not designated
or customarily used for such purposes.
C.
Hitching of animals. Tie or hitch a horse, dog or other animal to
any tree or plant.
No person in a park or recreation facility shall:
A.
Hunting.[1] Hunt, molest, harm, frighten, kill, trap, chase, tease,
shoot or throw missiles at any animal, reptile or bird; nor shall
he remove or have in his possession the young of any wild animal or
the eggs, nest or young of any reptile or bird.
(1)
Exception
to the foregoing is made in that snakes known to be deadly poisonous,
such as rattlesnakes, copperheads and other deadly reptiles, may be
killed on sight.
No person in a park or recreation facility shall:
A.
Pollution of waters. 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 recreation facility
or any tributary, stream, storm sewer or drain flowing into such waters
any substance, matter or thing, liquid or solid, which will or may
result in the pollution of said waters.
B.
Refuse and trash. Have brought in or shall dump, deposit or leave
any bottles, broken glass, ashes, paper boxes, cans, dirt, rubbish,
waste, garbage, refuse or other trash. No such refuse or trash shall
be placed in any waters in or contiguous to any park or recreation
facility, or 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 recreation facility by the person responsible for
its presence and properly disposed of according to law.
No person in a park or recreation facility shall:
A.
State motor vehicle laws apply. Fail to comply with all applicable
provisions of the state motor vehicle traffic laws in regard to equipment
and operation of vehicles, together with such other regulations as
are contained in this and other Borough ordinances.
B.
Enforcement of traffic regulations. Fail to obey all police officers,
such persons being hereby authorized and instructed to direct traffic
whenever and wherever needed in the parks and on the highways, streets
or roads immediately adjacent thereto in accordance with the provisions
of these regulations and such supplementary regulations as may be
issued subsequently by the Chief of Police or Borough Administrator
and approved by the Governing Body.[1]
C.
Traffic signs. Fail to observe carefully all traffic signs indicating
speed, direction, caution, stopping or parking and all others posted
for proper control and to safeguard life and property.
D.
Operation confined to roads. Drive any vehicle on any park or recreation
facility area except the paved roads or parking areas or such other
areas as may on occasion be specifically designated as temporary parking
areas by the Chief of Police or Borough Administrator and approved
by the Governing Body.
E.
Parking.
(1)
Designated areas. Park a vehicle in other than an established or
designated parking area, and such use shall be in accordance with
the directions posted.
(2)
Emergency procedure. Fail to notify the Police Department immediately
of any emergency in the nature of a breakdown requiring the assistance
of a tow truck, mechanic or other person.
(3)
Double parking. Double park any vehicle on any park or recreation
facility road unless so directed by a police officer.
(4)
Muffler required. Fail to use a muffler adequate to deaden the sound
of the engine in a motor vehicle.
F.
Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding
25 miles an hour except upon such roads as may be posted for speedier
travel.
G.
Bicycles.
(1)
Confined to roads. Ride a bicycle other than on a paved vehicular
road. A bicyclist shall be permitted to wheel or push a bicycle by
hand over any grassy area or on any paved area reserved for pedestrian
use.
(2)
Operation. Ride a bicycle other than on the right-hand side of the
road paving, as close to the curb as conditions permit, and bicycles
shall be kept in single file when two or more are operating as a group.
Bicyclists shall at all times operate their machines with reasonable
regard to the safety of others, signal all turns, pass to the right
of any vehicle they may overtake and to the right of any vehicles
approaching them.
(3)
Rider prohibited. No cyclist may ride any other person on a bicycle.
(4)
Leave a bicycle lying on the ground or paving or set it against a
tree or in any place or position where other persons may trip over
or be injured by it.
No person in a park or recreation facility shall:
A.
Hunting and firearms. Hunt, trap or pursue wildlife at any time.[1] No person shall use, carry or possess firearms of any
description or air rifles, spring guns, bow and arrows, slings or
any other form 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. Excluded from the
foregoing definitions are starter pistols used in connection with
any athletic or recreational event used by authorized recreational
personnel.
B.
Picnics and refreshments.
(1)
Regulated. Picnic lunch or other refreshments shall be eaten only
in such places as may be designated for this purpose. The Governing
Body shall, by resolution, designate the areas and places within the
Borough parks where such activities may be permitted.
(2)
Duty of picnicker. No picnicker shall leave a picnic area before
the fire is completely extinguished and before all trash in the nature
of boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles where provided. If no such trash receptacles
are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of elsewhere.
C.
Camping. No person shall set up a tent, shack or other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park 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, camp wagon or the like.
D.
Games. Take part in or abet the playing of any games involving thrown
or otherwise propelled objects such as balls, stones, discs, arrows,
javelins or model airplanes. The playing of physically active or comparatively
dangerous games, such as football, baseball, horseshoes and quoits,
is prohibited as are all sports involving running or jumping except
in those areas as may be specifically set aside by resolution by the
Governing Body for such forms of recreation.
E.
Horseback riding. Horseback riding is not permitted in Borough parks,
except that pony rides may be offered as a feature of a fair sponsored
or approved by the Governing Body.
[Amended 8-15-2000 by Ord. No. 00-14; 8-19-2003 by Ord. No. 03-12]
No person in a park or recreation facility shall:
A.
Intoxicating beverages prohibited. Serve, consume or dispense alcoholic
beverages at any time in a park or recreation facility unless they
have obtained specific authorization from the Governing Body to do
so.
[Amended 1-18-2011 by Ord. No. 11-04]
B.
Large assemblies. Assemble a large group in the park or recreation
facility without a permit from the Borough Administrator for any public
or private purpose, it being understood that the right of peaceful
use of park or recreation facility privileges shall not be abridged
or unreasonably withheld upon proper application being made and subject
to rules and regulations established by the Governing Body.
[Amended 1-18-2011 by Ord. No. 11-04]
C.
Block the free flow of pedestrian or vehicular traffic throughout
walkways and roadways within the limits of a park or recreation facility.
[Amended 1-18-2011 by Ord. No. 11-04]
D.
Fireworks and explosives. Bring, or have in his or her possession,
or set off or otherwise cause to explode, discharge or burn, any firecrackers,
torpedo, rocket or other fireworks or explosives or flammable material
or discharge them or throw them into any such area from the land or
highway adjacent thereto. This prohibition includes any substance,
compound, mixture or article that, in conjunction with any other substance
or compound, could be dangerous from any of the foregoing standpoints.
E.
Domestic animals. Permit the running at large of dogs or other domestic
animals. All such animals shall be restrained at all times on adequate
leashes not greater than six feet in length.
[Amended 1-18-2011 by Ord. No. 11-04]
F.
Alms. Solicit alms or contributions for any purpose, whether public
or private, without authorization from the Borough of Westwood.
[Amended 1-18-2011 by Ord. No. 11-04]
G.
Fires. Build or attempt to build a fire except in such areas and
under such regulations as may be designated by the Borough Administrator.
No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes or cigars, tobacco, paper or other flammable material
within any park or recreation facility area or any highway, road or
street abutting or contiguous thereto.
H.
Closed areas. Enter an area posted as "Closed to the Public," nor
shall any person use or abet the use of any area in violation of posted
notices.
I.
Games of chance. Gamble or participate in or abet any game of chance
except for any games of chance duly approved by the Games of Chance
Commission and approved by the Governing Body of the Borough.
J.
Exhibit permits. Fail to produce and exhibit any permit from the
Borough Administrator he or she claims to have upon request of any
authorized person who shall desire to inspect the same for the purpose
of enforcing compliance with any ordinance or rule.
K.
Interference with permittees. Disturb or interfere unreasonably with
any person or party occupying any area, or participating in any activity,
under the authority of a permit.
L.
Tobacco
prohibited. Smoke/vape any tobacco products in any indoor or outdoor
park or recreation facility.
[Added 1-18-2011 by Ord. No. 11-04; amended 12-20-2022 by Ord. No.
22-42]
M.
Marijuana
and cannabis. Smoke or otherwise consume marijuana and cannabis products
in any indoor or outdoor park or recreation facility, or at any scheduled
public event.
[Added 12-20-2022 by Ord. No. 22-42]
No person in a park or recreation facility shall:
A.
Vending and peddling. Expose or offer for sale any article or thing,
nor shall he station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is here made
as to any concessionaire acting by and under the authority and regulation
of the Borough Administrator.
B.
Advertising. Announce, advertise or call public attention in any
way to any article or service for sale or hire.
C.
Signs. 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 or recreation facility.
[Amended 1-18-2011 by Ord. No. 11-04]
A.
The Mayor
and Council of the Borough of Westwood shall, from time to time, as
it shall see fit, by resolution at a public meeting, establish rules
and regulations for the control and use of parks or recreation facilities
within the Borough of Westwood, including the hours during which these
facilities shall be open to the public, with the exception that walkways
shall at all times be open to pedestrian through traffic.
B.
The use
of park and recreation facilities improved and maintained for organized
events and games, other than walkways for pedestrian through traffic
and roadways for through traffic, may be limited to residents of the
Borough of Westwood except where approval for such nonresident use
of Borough park or recreation facilities shall be obtained from the
Recreation Director or required by law to be open to nonresidents.
C.
Any organized
group of 10 or more persons must have a permit in order to use a Borough
park or recreation facility.
D.
Said rules
and regulations shall be posted in places where effective, including
the Borough website, pursuant to the provisions of N.J.S.A. 40:61-1
et seq.[1]
[1]
Editor's Note: Original § 84-10, Nonresident restrictions,
which immediately followed this section, was repealed 5-20-2003 by
Ord. No. 03-03.
[Added 8-15-2000 by Ord. No. 00-14]
A.
Parks
and recreation facilities may be reserved for usage by designated
groups of individuals or by organizations. The Mayor and Council shall
promulgate forms and procedures for the use of said facilities by
resolution. It shall be unlawful to violate the terms and conditions
of any use permit issued by the Mayor and Council.
A.
Officials. The Borough Administrator and the Borough police shall,
in connection with their duties imposed by law, diligently enforce
the provisions of this article.
B.
Ejectment. The Borough Administrator or his duly authorized deputy
or police officer shall have the authority to eject from the park
or recreation facility any person acting in violation of this article.
C.
Seizure of property. The Borough Administrator and all police officers
shall have authority to seize and confiscate any property, thing or
device in the park or recreation facility used in violation of this
article.
[Amended 6-22-1976 by Ord. No. 772]
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty as a disorderly person and,
upon conviction, shall, in the discretion of the Judge, be fined an
amount not exceeding $500 or be imprisoned in the county jail for
a period not exceeding 90 days, or both so fined and imprisoned.
