[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 3-18-1986 by Ord.
No. 86-1 (Ch. 167 of the 1986 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 340.
A.
No person in a public park or recreational area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
paving or paving materials, waterlines or public utilities or parts
or appurtenances thereof, signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other structures or equipment,
facilities or park property or appurtenances whatsoever, either real
or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No person above the age of five years shall
use the rest rooms and washrooms designated for the opposite sex.
(3)
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.
(4)
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 hereunder.
(5)
Damage, cut, carve, transplant or remove any tree or plant or injure
the park or pick flowers or seeds of any trees or plant, dig in or
otherwise disturb grass areas or in any other way injure the natural
beauty or usefulness of any area.
(6)
Climb any tree or walk, stand or sit upon monuments, bases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
(7)
Tie or hitch an animal to any tree or plant.
(8)
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 said waters.
(9)
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 it shall be placed in the proper receptacles where the
same are provided. Where receptacles are not provided, all such rubbish
or waste shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
(10)
Drive any vehicle, including motorized vehicles, such as minibikes
and mopeds, on any area except the paved park roads or parking areas,
or such areas as may on occasion be specifically designated as temporary
areas.
(11)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereof
and with the instruction of any attendant who may be present.
(12)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park area.
(13)
Leave a bicycle in a place other than a bicycle rack when such
is provided and there is space available.
(14)
Ride a bicycle without reasonable regard to the safety of others.
(15)
Leave a bicycle lying on the ground or paving or set against
trees, or in any place or position where other persons may trip over
or be injured by it.
(16)
Swim, bathe or wade in any waters or waterways in or adjacent
to any park.
(17)
Bring into or operate any boat, raft or other watercraft, whether
motor-powered or not, upon any waters, except at places designated
for boating. Such activity shall be in accordance with applicable
regulations as are now or hereafter may be adopted.
(18)
Carry or possess firearms of any description or air rifles,
spring guns, bows and arrows, slings or any other forms 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 in park areas from beyond
park boundaries is forbidden.
(19)
Picnic or lunch in places other than those designated for that
purpose.
(20)
Use any portion of the picnic area or any of the buildings or
structures therein for the purpose of holding picnics to the exclusion
of other persons, nor shall any person use such areas and facilities
for an unreasonable time if the facilities are crowded.
(21)
Take part in or abet the playing of any games involving thrown
or otherwise propelled dangerous objects, such as stones, arrows or
javelins, except in those areas set apart for such form of recreation.
(22)
Allow a dog of which he is in charge to go upon any part of
the park property or recreational area unless held by a leash not
longer than six feet.
(23)
Sell or offer for sale any goods, wares or merchandise whatsoever
or display or distribute any advertising device, circular or card
in any park or recreational area, except upon written permit from
the Department of Public Works and upon authorization from the Mayor
and Council specifically for each occasion.
B.
While in a public park or recreational area, all persons shall conduct
themselves in a proper and orderly manner, and in particular no person
shall:
(1)
Bring alcoholic beverages or drink the same at any time, nor shall
any person be under the influence of intoxicating liquor.
(2)
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 standards. At the discretion of
the Borough Clerk, permits may be given for conducting properly supervised
fireworks in designated park areas.
(3)
Appear at any place in other than proper clothing.
(4)
Build or attempt to build a fire except in such areas and under such
regulations as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other inflammable material within any park or recreational area
or on any highways, roads or streets abutting or contiguous thereto.
(5)
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.
(6)
Gamble or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the Borough
Clerk.
(7)
Sleep or protractively 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.
(8)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
(9)
Paste, glue, tack, paint 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.
(10)
Smoke or use tobacco-related products and/or discard those products
within any park and/or recreation area owned, leased or utilized by
the Borough of Penns Grove or within 50 feet of any park and/or recreation
area owned, leased or utilized by the Borough of Penns Grove.
[Added 5-15-2012 by Ord.
No. 2012-9]
C.
Use of playground equipment located within any park or recreation
area located within the Borough shall be limited to use by children
between the ages of three and 10 years of age. Use by persons outside
said age perimeters is prohibited, as well as use of playground equipment
in the absence of appropriate adult supervision, including but not
limited to the actual physical presence of a parent, guardian or other
responsible person over the age of 18 years of age.
[Added 10-6-1992 by Ord.
No. 92-19]
A.
Except for unusual and unforeseen emergencies, parks shall be open
to the public every day of the year during the designated hours. The
opening and closing hours for each individual park shall be posted
therein for public information.
B.
Any section or part of any park may be declared closed to the public
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 for certain uses.
Permits for special events in parks shall be obtained by application
to the Borough Clerk in accordance with the following procedure:
A.
A person seeking issuance of a permit hereunder shall file an application
with the Borough 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 portion thereof for which such permit is desired.
(5)
Any other information which the Borough Clerk 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 Borough Clerk shall
include the following findings:
(1)
The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
(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 Borough of Penns Grove.
(5)
The facilities desired have not been reserved for other use at the
date and hour requested in the application.
C.
Appeal. Within five days after the receipt of an application, the Borough Clerk shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Mayor by service of a written notice thereof on the Borough Clerk and the Mayor within five days of said refusal. Said Clerk shall then immediately forward the application and the reasons for its refusal to the Mayor, who shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Clerk's decision within 10 days from the receipt of the appeal by him. The decision of the Mayor shall be final.
D.
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permits.
E.
The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons who shall have been
issued the permit. The Borough Clerk shall have the right to require
any permittee to 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 Clerk
prior to the commencement of any activity for which a permit is issued.
F.
Revocation. The Borough Clerk shall have the authority to revoke
a permit upon finding of a violation of any rule or ordinance, or
upon good cause shown.
[Added 8-6-2008 by Ord.
No. 2008-11; amended 6-4-2014 by Ord. No. 2014-5]
Any individual or group who or which desires to have exclusive
or substantial use and control of the pavilion at the park for any
organized activity or event shall pay a nonrefundable fee to the Clerk
of the Borough of Penns Grove in the amount of $75. Said fee shall
be paid no less than five days in advance of the planned activity
or event. In addition, said fee shall be paid per day. A day shall
be defined as one calendar day any time between dawn and dusk.
A.
The Borough Clerk and police officers shall, in connection with their
duties imposed by law, diligently enforce the provisions of this chapter.
B.
The Borough Clerk and any police officer shall have the authority
to eject from the park area any person or persons acting in violation
of this chapter.
C.
The Borough Clerk and any police officer shall have the authority
to seize and confiscate any property, thing or device in the park,
or used in violation of this chapter.
D.
This chapter shall also be enforced by the Police Department of the
Borough of Penns Grove.
Any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or to imprisonment for not more than 90 days,
or both, in the discretion of the Judge of the Municipal Court.
The use of the word "park" herein is intended, where not specifically
stated, to include "recreational area."
