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Borough of Matawan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 14-11.1]
No person in a public park and recreation area shall:
a. 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, pavings or paving materials, water lines 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. 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition.
c. 
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.
d. 
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.
e. 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
f. 
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
g. 
Tie or hitch an animal to any tree or plant.
h. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall be remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes, known to be deadly poisonous, or deadly reptiles, may be killed on sight.
i. 
Throw, discharge, or otherwise place or cause to be placed in the water of any 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 the waters.
j. 
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 refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these 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.
k. 
Drive any vehicle on any area except the paved park roads or parking areas, or such areas as may, on occasion, specifically be designated as temporary areas by the Recreation Commission.
l. 
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.
m. 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
n. 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
o. 
Ride a bicycle without reasonable regard to the safety of others.
p. 
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 them.
q. 
Swim, bathe, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Recreation Commission upon a finding that such use of the water would be dangerous or otherwise inadvisable.
r. 
Frequent any water 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 Recreation Commission for such purposes for each individual site.
s. 
Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
t. 
Bring into or operate any boat, raft, or other water craft, upon any waters, except at places designated for boating by the Recreation Commission. Such activity shall be in accordance with applicable regulations as are now or hereinafter adopted.
u. 
Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
v. 
Fish in any waters except in waters designated by the Recreation Commission for that use and under such regulations and restrictions as have or may be prescribed by the Recreation Commission.
w. 
Fish in any area where bathing is permitted.
x. 
No person shall carry or possess firearms of any description, or air-rifles, spring-guns, bow-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 into park areas from beyond park boundaries is forbidden.
y. 
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities 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 directions given to achieve this end.
z. 
Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."
aa. 
Shall use such areas and facilities for an unreasonable time if the facilities are crowded.
bb. 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If trash receptacles are not available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
cc. 
Set up tents, shacks, or any 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 house-trailer, camp-trailer, camp-wagon, or the like except in those areas designated by the Recreation Commission for such purposes.
dd. 
Bring into or have in his possession in any park or recreational area any bottle, container or other object made of glass or other easily shattered substance.
[1971 Code § 14-11.2]
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall:
a. 
Bring alcoholic beverages, drink same at any time nor shall any person be under the influence of intoxicating liquor in a park.
b. 
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 standpoints. At the discretion of the Recreational Commission, permits may be given for conducting properly supervised fireworks in designated park areas.
c. 
Bring a dog or other domestic animal into those areas where such animals are permitted unless such animals are permitted and are restrained at all times on adequate leashes not greater than six feet in length.
d. 
Solicit alms or contributions for any purpose, whether public or private.
e. 
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Recreation Commission. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other inflammable material within any park or on any highways, roads, or streets abutting or contiguous thereto.
f. 
Enter an area posted as "Closed to the Public," not shall any person use, or abet in the use of any area in violation of posted notices.
g. 
Sleep or protractedly 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.
h. 
Fail to produce and exhibit any permit from the Recreation Commission he 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.
i. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
j. 
Expose or offer for sale any article or thing, nor shall be station or place any stand, cart, or vehicle for the transportation, sale, or display of any article or thing. Exception is hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Recreation Commission.
k. 
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.
[1971 Code § 14-11.3; Ord. No. 09-01; Ord. No. 2015-14]
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. The designated hours for the parks will be open at dawn and close at dusk. The notification of the parks being open from dawn to dusk shall be posted in each individual park. Notwithstanding the provision for closure at dusk, organized sport or recreational activities are excluded from this requirement at fields that are equipped with public lighting systems. Similarly, the public may enjoy those recreational benefits at fields equipped with public lighting until 10:00 p.m., unless extended by resolution of the Governing Body for a specific event.
Any section or part of any park may be declared closed to the public by the Governing Body at any time and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Governing Body shall find reasonably necessary.
[1971 Code § 14-8]
The operation of motor boats, snowmobiles, all-terrain vehicles and other mechanized vehicles of any kind or description on any of the lakes or ice formed on the lakes in the Borough is prohibited. Nothing herein contained, however, shall prevent the use and operation of mechanized vehicles by the Police and Fire Department or any other municipal department when engaged in the discharge of their official duties, duly accredited first aid rescue squads when responding to an emergency or engaged in training operations, and persons who have been duly authorized by the Borough to operate motor boats and mechanized vehicles in connection with regattas, celebrations, and events sponsored by the Borough of Matawan.
Nothing in this section shall prohibit the use of a motor boat or other mechanized vehicle which is powered solely and exclusively by an electric engine on any of the lakes or ice formed on the lakes in the Borough of Matawan.
[1971 Code § 14-11.6]
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in such park area from 1/2 hour after sunset until sunrise, except as otherwise permitted.
[1971 Code § 14-11.5]
The Recreation Commission and Park Attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this section. The Recreational Commission and any Park Attendant shall have the authority to eject from the park area any person or persons acting in violation of this section. They shall have the authority to seize and confiscate any property, thing, or device in the park which is used in violation of this section.
This section shall also be enforced by the Police Department of the Borough.
[1971 Code § 14-11.7]
The Borough reserves the right with respect to any or all of the public parks and recreation areas and any facilities located therein to enter into any agreement with the Board of Education of the Borough concerning the control and use thereof and anything contained in this section to the contrary notwithstanding, any use of such premises or such facilities by the Board of Education pursuant to any agreement with the Borough Council or Recreation Commission heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Recreation Commission.
[1971 Code § 14-11.8; New]
Any person violating any of the provisions of this section or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to the penalty stated in Chapter 1, Section 1-5.
[1971 Code § 14-11.9]
This section is in addition to and not in derogation of any other ordinance of the Borough involving or effecting any of the subject matters contained herein.
[1971 Code § 14-11.4; Ord. No. 08-15; Ord. No. 08-18]
Permits for use of Borough fields and parks, when more than 15 persons are involved in sport activities of any kind, or when there are other events, such as fundraisers or other special, private or public, events shall be obtained by application to the Borough of Matawan in accordance with the following procedure:
a. 
A person seeking issuance of a permit hereunder shall file an application with the Borough of Matawan stating:
1. 
The name and address of the applicant.
2. 
The name and address of the person 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 of Matawan 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 of Matawan shall include the following findings:
1. 
That the proposed activity or use of the park 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 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 Borough.
5. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
c. 
Within five days after the receipt of an application, the Borough of Matawan shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Borough Council by serving written notice thereof on the Borough Clerk within five days of such refusal. A copy of the notice shall also be served on the Borough of Matawan within the same time. The application and the reasons for its refusal shall immediately forward to the Borough Council which shall consider the application under the standards set forth under paragraph b and sustain or overrule the Borough of Matawan's decision within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council 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 such permits.
e. 
The person 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 to whom such permit shall have been issued. The Borough of Matawan 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 Borough of Matawan prior to the commencement of any activity or issuance of any permit.
f. 
The Borough of Matawan shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
g. 
Any person who shall be adjudicated to have violated the terms of this section shall be subject to the following penalties:
1st offense: $100.00
2nd offense: $200.00
3rd or more offenses: $500.00