Borough of Westwood, NJ
Bergen County
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Table of Contents
Table of Contents
[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. 
Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
BOROUGH
The Borough of Westwood.
BOROUGH ADMINISTRATOR
The Borough Administrator of the Borough of Westwood or any person immediately in charge of any park or recreation facility and its activities.
[Amended 8-15-2000 by Ord. No. 00-14[1],[2]]
PARK or RECREATION FACILITY
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]]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
VEHICLE
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.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This amendment also provided that all references in this article to "park or public building" shall be changed to "park or recreation facility."
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.
(2) 
The Borough or its agents may, as part of an otherwise lawful wildlife management program, use such methods as may be lawful and prudent to manage wildlife.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: See also Art. II, Trapping, of Ch. 99, Animals; and Ch. 160, Firearms.
B. 
Feeding.[3] Give, offer, or attempt to give any animal or bird any tobacco, alcohol or other known noxious substances.
[3]
Editor's Note: See also Ch. 99, Animals, Art. VI, Feeding of Wildlife.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
(a) 
Exception: Bicycles are permitted on the bike path at Westvale Park.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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.
[1]
Editor's Note: See also Ch. 99, Art. II, Trapping.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Block the free flow of pedestrian or vehicular traffic throughout walkways and roadways within the limits of a park or recreation facility.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Alms. Solicit alms or contributions for any purpose, whether public or private, without authorization from the Borough of Westwood.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 any tobacco products in any indoor or outdoor park or recreation facility.[6]
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Fees for use of parks and recreation facilities shall be charged and payable as set forth in Article III, Recreation Fees, of this chapter.
[Amended 1-18-2011 by Ord. No. 11-04]
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.