Township of Upper Deerfield, NJ Article I General Rules and Regulations

[Adopted 4-6-1978 by Ord. No. 187 (Ch. 74 of the 1977 Township Code)]

§ 287-1 Personal conduct.

While in a public park or recreational area, all persons shall conduct themselves in a proper and orderly manner, and in particular all persons shall:

A. Use and maintain rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms or washrooms designated for the opposite sex.

B. Swim, bathe or wade only in bodies of water or waterways and at such places in or adjacent to any park as are provided for such activities. No person shall frequent any waters or places customarily designated for the purpose of swimming or bathing when such activities are prohibited by the Recreation Commission.

C. Fish only in designated areas.

D. Obey the rule of "first come, first served" at all sites and in connection with all facilities in any park or recreational area, unless the Recreation Commission has authorized the use of such a facility or area at a designated time by written permission as provided for herein. Attendants shall have the authority to regulate activities and use of facilities in such areas when necessary to prevent congestion and to secure maximum use for the comfort and convenience of all. Visitors shall comply with any directions given for this purpose. Use of any facility shall be reasonable as to area and length of time, in relation to the number of persons desiring to use such facilities, and no person shall arbitrarily or unreasonably exclude or prevent other persons from using such facilities.

E. Not 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 comparatively dangerous games, such as football, baseball, lacrosse and hockey, shall only be allowed on the fields and courts or areas provided therefor. Roller-skating and skateboarding shall be confined to those areas specifically designed for such activity.

F. Restrain pets or animals at all times on adequate leashes not greater than six feet in length. Dogs shall not be permitted to run at large. 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 go unattended nor shall horses be hitched to any rack, tree or shrub.

G. Not appear at any place in other than proper clothing so as not to indecently expose oneself nor shall any person dress or undress for any purpose in any place, vehicle or structure, except in those structures provided and designated by posted notice for such purpose.

H. Confine boating to those waters and at such times as are designated for such purpose by the Recreation Commission. Any person navigating, directing or handling any boat shall do so in a manner so as not to unjustifiably or unnecessarily annoy, frighten or endanger the occupant of any other boat.

I. Keep picnic areas clean, with all trash, refuse, garbage and debris placed 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. No person shall leave a picnic fire unattended nor leave a picnic area before any fire is completely extinguished.

J. Confine bicycling to areas so designated for such activity and ride bicycles with all reasonable regard to the safety of others. Bicycles shall be parked in bicycle racks or other areas when such are provided and there is space available. No bicycle shall be left lying on the path, ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.

K. Drive and park vehicles only on roads and parking areas so designated by the Recreation Commission in the manner and at times set forth by said Commission. Vehicles shall be driven in accordance with posted directions and/or the instructions of any authorized attendant who may be present.

§ 287-2 Prohibited activities.

No person in a public park or recreation area shall:

A. Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, bridges, tables, fences, benches, fireplaces, grills, railings, paving or paving materials, waterlines, 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, facilities, park property or appurtenances whatsoever, either real or personal.

B. 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.

C. Dig or remove any soil, rock, sand, stones, wood or wood materials or make any excavation by tool, equipment, blasting or other means or agency, except with written authorization of the Township Recreation Commission.

D. Damage, cut, carve, transplant or remove any tree or plant, injure the bark, pick flowers or seeds of any plant or tree, dig in or otherwise disturb grass areas or in any other way injure the flora and its usefulness in any area.

E. Climb any tree or walk, stand or sit on monuments, vases, planters, fountains, railings, fences or any other property not designated or customarily used for such purposes.

F. Tie or hitch an animal to any tree or plant.

G. 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 or her possession the young of any wild animal 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 snakes known to be deadly poisonous or deadly reptiles.

H. Throw, discharge or otherwise place or cause to be placed in the waters of any body of water, natural or man-made, 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 said waters.

I. Have brought in, dump, deposit or leave trash, dirt, bottles, broken glass, refuse, garbage, debris or other waste materials.

J. Solicit alms or contributions for any purpose, whether public or private, unless written permission is granted by the Recreation Commission.

K. 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 Recreation Commission. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco, paper or any other flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.

L. Have in his or her possession or set or otherwise cause to explode, discharge or burn any firecrackers, torpedo rockets or other fireworks or 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 Recreation Commission may grant permits for conducting properly supervised firework displays in designated park areas.

M. Bring alcoholic beverages, drink the same at any time, or be disorderly while under the influence of intoxicating liquor in a park or recreational area.

[Amended 2-19-2009 by Ord. No. 625]

N. Gamble or participate in or abet any game of chance except when such game of chance is authorized by permit of the Recreation Commission.

O. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a valid permit.

P. 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 Recreation Commission.

Q. 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, highways or roads adjacent to a park.

R. Sleep or protractedly lounge on the seats, benches or other areas of a park, 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.

S. No field and/or recreation facility shall be utilized for any organized event or sporting activity by any organized league or team unless such league or team is a sanctioned league or sanctioned team pursuant to § 287-4, or has been approved for use as a special event.

[Added 12-30-2015 by Ord. No. 736]

§ 287-3 Hours of operation; restricted use.

Except for unusual and unforeseen emergencies, parks and recreational areas shall be open to the public every day of the year from sunrise until sunset unless otherwise designated by a rule or regulation of the Recreation Commission from time to time. Such rules and regulations shall be posted, but failure to post or to keep the same posted shall not invalidate such rules and regulations. All persons shall obey the rules and regulations of the Recreation Commission, including the hours for use of any park or recreational area or part thereof or for any activities therein, as designated. Any section, part or facility may be declared closed to the public by the Recreation Commission at any time and for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise, entirely or merely to certain uses, as the Recreation Commission shall find reasonably necessary.

§ 287-4 Sanctioned leagues/teams.

[Added 12-30-2015 by Ord. No. 736[1]]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SANCTIONED LEAGUE

A league of multiple teams competing in a sport sanctioned by the Upper Deerfield Township Recreation Commission.

SANCTIONED TEAM

A singular team competing in a sport sanctioned by the Upper Deerfield Township Recreation Commission.

B. Requirements for sanctioning. In order for a league to become a sanctioned league or a team to become a sanctioned team, the following requirements shall be met:

(1) Be approved by the Upper Deerfield Township Recreation Commission as a sanctioned league or a sanctioned team.

(2) File with the Upper Deerfield Township Recreation Commission its organizational documents and, on an annual basis, an incumbency certificate identifying all officers and directors of the league or team and contact information for each.

(3) Maintain general liability insurance naming Upper Deerfield Township and the Upper Deerfield Township Recreation Commission as additional insureds in such amounts and in such forms as the Upper Deerfield Township Committee may require from time to time.

(4) Shall conduct all sign-ups, league meetings and other similar events in Upper Deerfield Township. Fund-raising activities such as coin drops, candy or cookie sales or similar fund-raising activities may be conducted outside of Upper Deerfield Township with the prior approval of the Recreation Commission.

(5) Shall require suitable proof of residency for each participant and maintain records documenting the residency of each participant.

(6) Shall pay an annual facility fee to Upper Deerfield Township Committee and such amount established by the Upper Deerfield Township Recreation Commission from time to time with the approval of the Upper Deerfield Township Committee.

(7) Shall collect from all nonresident participants a nonresident fee of not less than $10, or such other amount as may be set by the Township Committee from time to time, and remit the nonresident fee to the Township Treasurer.

(8) Shall make available upon request any and all information and/or documentation regarding league/team operations, participation including residency records, budget, revenues and expenses upon request by the Upper Deerfield Township Recreation Commission and/or the Upper Deerfield Township Committee.

(9) Shall utilize the recreation/athletic fields and facilities in accordance with the provisions of this chapter and the regulations adopted by the Upper Deerfield Township Recreation Commission.

C. Use of Township fields and facilities. The use of Township fields and facilities shall be subject to the further requirements that:

(1) At all times the athletic fields and recreational facilities are the property of Upper Deerfield Township for use by all of its residents and any sanctioned league and/or sanctioned team shall not vest in any such league or team any property or ownership rights to such fields and/or facilities.

(2) The scheduling and use of fields and facilities shall be subject to the review and approval of the Upper Deerfield Township Recreation Commission. Sanctioned leagues and/or sanctioned teams shall have priority use of fields and facilities during the particular sporting season, subject, however, to the scheduling of other special events by the Upper Deerfield Township Recreation Commission and/or the Upper Deerfield Township Committee.

(3) No special events, i.e., tournaments, shall be conducted without prior written approval from the Upper Deerfield Township Recreation Commission in accordance with the provisions of § 287-5.

(4) No sanctioned league/team shall permit or allow the use of any Township field or facilities by any other league, entity, promoter or nonsanctioned party.

(5) No buildings or improvements to any field or facility beyond routine maintenance and readying fields for play shall be constructed without the prior written approval of the Upper Deerfield Township Recreation Commission.

D. Approval of special events.

(1) As used herein, "special events" shall mean any activity other than regular league play for which the league or team has been sanctioned, and would include but not be limited to tournaments, carnivals, fairs and similar activities.

(2) Any request for approval of a special event shall be submitted to the Recreation Commission along with the names of the individuals and/or entities organizing the special event, the party responsible to the Township for the conduct of the special event, the general nature of the proposed event and such other information as may be reasonably required by the Recreation Commission.

(3) Prior to approving any special event, the Recreation Commission shall submit the copy of the application to the Supervisor of Streets and Recreation, Administrator or Clerk and the Emergency Medical Services Chief for comment.

(4) The Recreation Commission shall require that evidence of adequate liability insurance, naming Upper Deerfield Township as an additional insured, be provided to the Recreation Commission and Administrator or Clerk.

(5) Any party approved to conduct a special event shall be required to provide, and shall provide, adequate portable toilets and trash receptacles and shall be solely responsible for removal of the portable toilets, the disposal of trash and the removal of trash receptacles. The party responsible for the special event shall clear all trash and debris from the public fields and facilities, be responsible for repairing any damage caused during the special event, and shall restore the fields and facilities to the same condition as they were in prior to the special event. The Recreation Commission may, in its discretion, require a cash deposit to ensure compliance with the provisions of this section and remit the security deposit fee to the Township Treasurer.

(6) The responsible party and/or special event organizer shall be required to have an emergency medical services plan approved by Upper Deerfield Township or pay the Township's fee for emergency medical services in accordance with the fee schedule set forth in the Upper Deerfield Township ordinances.

[1] Editor's Note: This ordinance also renumbered former §§ 287-4 through 287-12 as §§ 287-5 through 287-13, respectively.

§ 287-5 Permits for special activities.

In order to ensure the availability of all park and recreational facilities to the greatest number of persons, no organized group and no unorganized group consisting of more than 10 persons shall use any area or facilities within any park or recreational area without first obtaining a permit as provided herein. Other persons desiring to reserve a park area or facility for a stated time may, at their option, apply for a permit for this purpose. Permits for special events or use of particular areas or facilities of a park or recreational area shall be granted by the Recreation Commission after submission and review of an application in accordance with the following:

A. An applicant seeking issuance of a permit hereby shall file an application with the Recreation Commission, which application shall include but not be limited to the following:

(1) The name and address of the applicant.

(2) The name and address of person or persons, corporation, association or organization sponsoring the activity, if any. If a corporation, association or organization, the name and address of the president and secretary of said organization and relationship of the applicant to said organization shall be included.

(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 the reason for the application.

(6) The number of persons anticipated to participate.

(7) Any other information which the Recreation Commission shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

B. Standards for issuance of a use permit by the Recreation Commission shall 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 include violence, crime or disorderly conduct.

(4) That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Township.

(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. 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 or persons or organization to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whosoever by reason of the negligence of the person or persons or organization to whom such permit shall have been issued. The Recreation Commission 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 Recreation Commission.

(3) The permittee shall maintain the park, recreational area or facility by removing all trash or debris and restoring the area or facility 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 shall be 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 Recreation Commission and, when so authorized, in accordance with its requirements for such use or alterations.

(5) All permits shall be available for inspection by any person or persons authorized to enforce this article and rules and regulations promulgated pursuant thereto.

(6) No permit shall be valid except for the facilities, area and time expressly set forth therein.

(7) Any other reasonable requirement, condition or restriction which the Recreation Commission authorized is met.

(8) No fees shall be charged for a permit but the Recreation Commission may require a cash deposit 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 Recreation Commission 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. Applications for permits shall be submitted to the Recreation Commission or its duly authorized representatives. Action thereon shall be taken within a reasonable time in accordance with the rules and regulations of the Recreation Commission. If a permit is denied, the applicant shall be given written notice setting forth the reasons therefor.

E. If a permit is denied by the Recreation Commission or its duly authorized representative, the applicant shall have the right to appeal said decision to the Township Committee by serving written notice thereof on the Township Clerk within five days from receipt of notice of denial. A copy of said notice shall also be served on the Recreation Commission or its duly authorized representatives within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall consider the application under the standards set forth under Subsections A, B and C hereof. The Township Committee shall consider such appeal at its next regular meeting or prior thereto at a special meeting on not less than two days' written notice to the applicant, which appeal shall be considered on the record without public hearing or further testimony, provided that the applicant may upon request confer with the Township Committee and, in any event, the Township Committee shall affirm, reverse or modify the decision of the Recreation Commission 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 Township Committee upon any appeal shall be given to the applicant within 10 days thereof.

F. The Recreation Commission 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 article, any rule, regulation or bylaw of the Recreation Commission 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 Township Committee in the same manner and on the same terms as set forth in Subsection E above.

§ 287-6 Enforcement.

The Recreation Commission or its duly authorized representatives, including the custodians, supervisors and assistants appointed by the Board or any authorized police officer, shall be responsible for the enforcement of this article and the rules, regulations and bylaws of the Recreation Commission, shall have the 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 used or permitted to be used in any park or recreational area in violation thereof.

§ 287-7 Agreement with Board of Education.

Notwithstanding any of the provisions of this article, the Township Committee, on behalf of the municipality, may enter into an agreement with the Board of Education of the Township of Upper Deerfield concerning the control and use of any park or recreational facility or any part thereof for a specified length of time, and in such event such agreement may provide that such use shall be exclusive and free from any control or supervision by the Recreation Commission, provided that such use by the Board of Education shall be permitted only in accordance with the provisions of this article, and the Board of Education shall thereupon be responsible for the enforcement of this article.

§ 287-8 Effect of violations.

Any person who shall violate any rules, regulations or bylaws duly adopted by the Board of Recreation Commissioners may be deemed and adjudged a disorderly person by any court of competent jurisdiction, as provided by law.

§ 287-9 Violations and penalties.

Any person violating any of the provisions hereof or any rule, regulation or bylaw of the Recreation Commission shall, upon conviction, be subject to a penalty of either imprisonment for not more than 90 days or a fine not to exceed $500, 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.