[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.
[Added 8-4-2021 by Ord. No. 21-13]
a.
It shall
be unlawful for any person to consume a cannabis item available for
lawful consumption pursuant to the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act in any public
place as defined in said Act, including any public highway, public
street, public sidewalk, public parking lot or lot, playground, park
or other property owned by, belonging to or over which the Borough
has control, other than school property for which unlawful consumption
is a disorderly persons offense, or when not prohibited by the owner
or person responsible for the operation of that public place.
b.
Any
person violating this section shall be subject to a civil penalty
of up to $200, which shall be recovered in a civil action by a summary
proceeding in the name of the Borough pursuant to the Penalty Enforcement
Law of 1999. The Municipal Court and the Superior Court shall have
jurisdiction of proceedings for the enforcement of the penalty provided
by this section.
[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.
l.
Alcoholic
Beverages, Cannabis, and Illegal Drugs. No one shall possess or consume
an alcoholic beverage, cannabis, cannabis item(s), or illegal or hallucinogenic
drug.
[Added 8-4-2021 by Ord. No. 21-13]
m.
Smoking
in Borough-owned or -controlled Public Places Prohibited.
[Added 8-4-2021 by Ord. No. 21-13]
1.
Smoking
shall be prohibited inside of all municipal buildings and within a
fifty-foot radius of all municipal buildings, which radius shall extend
from the outer wall of the municipal building, but shall not extend
beyond the boundary of the property upon which the municipal building
is located. No-smoking signs of the international no-smoking signal
(consisting of a pictorial representation of a burning cigarette enclosed
in a red circle with a diagonal red line through its cross section)
shall be conspicuously posted at each municipal building entrance.
The signs shall be clearly visible to the public and indicate that
smoking is prohibited inside said municipal building and within a
fifty-foot radius thereof on the public property.
2.
Smoking
shall be prohibited in all parks and public recreational facilities.
No-smoking signs of the international no-smoking signal (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be posted in at least one conspicuous location upon the grounds of
all parks and public recreational facilities. The signs shall be clearly
visible to the public and indicate that smoking is prohibited at the
park or public recreational facility.
3.
Prohibited
“smoking” shall include the smoking, vaping, or aerosolizing
of cannabis and/or cannabis items.
[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]
[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
|
