Borough of Mount Arlington, NJ Chapter 123 Parks, Recreation Areas and Civic Center

[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington 3-16-1983 as Ord. No. 83-1; amended in its entirety 3-15-1995 by Ord. No. 95-3. Subsequent amendments noted where applicable.]

§ 123-1 Purpose.

[Amended 6-11-2007 by Ord. No. 15-07]

The purpose of this chapter is to provide rules and regulations for the use, control and protection of and conduct in the municipal parks and recreation areas and the Civic Center of the Borough of Mount Arlington to ensure their orderly and safe use, to help assure their preservation, to promote minimum inconvenience to those people bordering them and to provide penalties for violations.

§ 123-2 Applicability.

A. This chapter shall apply to all municipal facilities. The term "municipal facilities" is hereby defined to include all municipally owned buildings and grounds, all undeveloped municipally owned land, all municipally owned baseball or playing fields, Memorial Park, Mount Arlington Beach, all municipally owned docks, and all municipally owned basketball and tennis courts.

[Amended 7-10-2006 by Ord. No. 19-06]

B. This chapter shall also apply to all parks and recreation areas under the jurisdiction of the Mayor and Council of the Borough of Mount Arlington, hereinafter called the "governing body of the Borough of Mount Arlington" or "borough," unless expressly exempted. For the issuance of permits, temporary designations, authorizations, granting of approval and other actions, the governing body may appoint the Board of Recreation Commission or its designee for lands under the jurisdiction of the borough, except for the use of the Civic Center, which may only be authorized by the governing body. This chapter shall supplement and not supersede Chapter 40, Alcoholic Beverages, Article II, Municipal Beach Regulations; Chapter 95, Fishing; Chapter 151, Tennis Courts, Municipal; and Chapter 171, Vehicles, Recreational.

[Amended 6-11-2007 by Ord. No. 15-07; 3-9-3009 by Ord. No. 04-09]

§ 123-3 Construal of provisions.

In the interpretation of this chapter and all succeeding municipal facilities park and recreation area ordinances, the provisions shall be construed as follows:

A. Any term in the singular shall include the plural.

B. Any term in the masculine shall include the feminine and neuter.

C. Any requirement or prohibition of any act shall respectively extend to and include the causing and procuring, directly or indirectly, of such act.

D. No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Board of Recreation Commission or borough in line of duty or work as such or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Board of Recreation Commission or borough.

[Amended 3-9-2009 by Ord. No. 04-09]

E. Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do and to the extent authorized thereby.

§ 123-4 Alcoholic beverages.

No person shall be permitted within any municipal facility or any park or recreation area while under the influence of intoxicating beverages, drugs or narcotics. No person shall possess or consume alcoholic beverages, drugs or narcotics in any municipal facility or any park or recreation area.

§ 123-5 Group use; meetings; exhibitions.

A. Group use.

(1) No group of 20 or more persons shall use a borough park or recreation area without first having obtained a group use permit not later than 10 days before the proposed date of use. Group use shall be limited to designated areas. Adult supervision of children's groups is required at all times.

(2) (Reserved)

[Repealed 7-10-2006 by Ord. No. 19-06]

B. No person shall call or hold any public meeting or give any concert or public entertainment of any kind within a borough park or recreation area or any municipal facility without first having obtained written permission in advance from the authority set forth in § 123-2, no later than 10 days before the proposed date of use.

C. No person shall use loudspeakers, public-address systems or amplifiers within a borough park or recreation area or any municipal facility without first having obtained written permission in advance from the authority set forth in § 123-2, no later than 10 days before the proposed date of use.

§ 123-6 Animals.

[Amended 10-15-2002 by Ord. No. BH 2002-01; 5-8-2006 by Ord. No. 14-2006; 5-10-2016 by Ord. No. 04-2016]

A. No person in a public park or recreation area shall:

(1) Possess, have in custody, or control, any dog, cat or any other animal without a leash or otherwise contained, except during authorized animal shows or similar special programs. No animal shall be allowed in any municipally owned building at any time other than a service animal; law enforcement purposes; or for purposes of being inoculated at a Borough-sponsored clinic. All animals must be accompanied by a responsible person over the age of 18.

(2) Cause or permit any animal to run at large in any area of the Borough.

B. Violations and penalties. Any person convicted of a violation of any of the provisions of this ordinance shall be punished by imposition of a fine not to exceed $2,000.

§ 123-7 Refuse; pollution.

A. No person shall leave bottles, broken glass, ashes, wastepaper or other rubbish within a borough park or recreation area or any municipal facility, except in a properly provided receptacle designated for that purpose.

B. No person shall throw or place any dirt, stone, rock, debris, foreign or waste substance upon or within any borough park, recreation area or any municipal facility.

§ 123-8 Natural features.

No person shall pick flowers, foliage, berries or fruit or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, fern, grass, turf, railing, seat, fence, structure or any other object within a borough park, recreation area or any municipal facility.

§ 123-9 Fires.

[Amended 7-10-2006 by Ord. No. 19-06]

No person shall build, light or maintain a fire within a borough park, recreation area or any municipal facility, except in a camp stove or a fireplace provided, maintained or designated for such purpose by the borough.

§ 123-10 Weapons; hunting.

A. No person, except duly authorized law enforcement officials, shall bear any weapon or firearms within or into a borough park, recreation area or any municipal facility. Firearms shall not be carried nor be in the possession of anyone in the borough park or recreation areas. The carrying and shooting with bow and arrow are further prohibited in said areas.

B. No person shall molest, trap, capture, hold, remove, injure or kill any animal or disturb its habitat within a borough park or recreation area.

§ 123-11 Commercial uses.

A. No person shall engage in any commercial enterprise, including but not limited to the offering of services, soliciting, selling or peddling any liquids or edibles for human consumption, or distribute circulars or hawk, peddle or vend any goods, wares or merchandise within a borough park, recreation area or any municipal facility without a permit.

[Amended 7-10-2006 by Ord. No. 19-06]

B. No person, shall cut, carve, paint, mark, paste or fasten on any tree, fence, wall, building, monument or other object within a borough park, recreation area or any municipal facility any bill, advertisement or inscription; nor shall any person distribute, cast, throw or place any handbill, pamphlet, circular, advertisement or notice of any kind within a borough park or recreation area or any municipal facility.

§ 123-12 Parking and use of vehicles.

A. No person shall use any portion of a borough park, recreation area or any municipal facility for purpose of way, except drives, parking areas, roadways, paths, walks and trails established for such purpose by the borough; and footpaths or walks established for pedestrian travel shall not be used for vehicular travel. The use of mopeds or motorized bikes will be limited to roadways, drives and parking areas as established and opened to all other vehicular traffic.

B. No person shall drive or propel or cause to be driven or propelled, along or over any road within a borough park or recreation area, any vehicle at a rate of speed greater than 10 miles per hour.

C. No person shall drive or propel or cause to be driven or propelled, along or over any road, parkway, drive or parking area within or adjacent to a borough park, recreation area or any municipal facility, any motor vehicle in a reckless manner or in a manner to endanger the life, limb or property of pedestrians or the drivers or occupants of other vehicles or any other person within a borough park, recreation area or parking area. The motor vehicle operator and the motor vehicle operated within a borough park, recreation area or parking area shall be in compliance with New Jersey State motor vehicle license and safety laws.

D. No person shall park or store any motorcar, motorcycle, bicycle, wagon or other vehicle within a borough park, recreation area or parking area. Loitering in or around parked vehicles is prohibited.

§ 123-13 Hours of operation.

[Amended 7-10-2006 by Ord. No. 19-06]

No person shall, without permission, enter into or remain within a borough park or recreation area except during the following hours of operation. The hours for use of borough parks and recreation areas shall be from dawn to dusk, except those recreation areas that are lighted and where signs are posted indicating that the areas may be used past dark. In those lighted areas, the hours of operation shall be as indicated on signs posted.

§ 123-14 Disorderly persons.

A. No person shall harass, obstruct, molest, assault or interfere with any person lawfully within a borough park, recreation area or any municipal facility or shall resist, obstruct, molest, assault or interfere with any agent or officer of the borough or Board of Recreation Commission.

[Amended 3-9-09 by Ord. No. 04-09]

B. No person shall remain within a borough park, recreation area or any municipal facility who does not abide by conditions adopted and posted by the borough or Board of Recreation Commission for the preservation of good order and the protection of property within a borough park, recreation area or any municipal facility; and no person shall remain within a borough park, recreation area or any municipal facility who does not abide by the instructions and directions of duly authorized officers or agents of the borough or Board of Recreation Commission in the lawful performance of their duties. Any person directed by an agent or officer of the borough or Board of Recreation Commission to leave a borough park, recreation area or any municipal facility shall do so promptly and peaceably.

[Amended 3-9-09 by Ord. No. 04-09]

C. No person shall use threatening, abusive, boisterous, insulting or indecent language or gestures within a borough park, recreation area or any municipal facility, nor shall any oration, harangue, public demonstration or any nuisance be made.

§ 123-15 Permit requirements.

A. Permits for special events in parks and recreation areas or use of any municipal facility shall be obtained by written application on forms prescribed by the borough to the approving governing agency, in accordance with the following procedure:

(1) A person seeking issuance of a permit hereunder shall file an application stating:

(a) The name and address of the applicant.

(b) The name and address of the person, persons, corporation or association sponsoring the activity, if any.

(c) The day and hours for which the permit is desired.

(d) The park, recreation area or portion thereof or the Civic Center for which the permit is desired.

[Amended 6-11-2007 by Ord. No. 15-07]

(e) Any other information which the approving governing agency shall find reasonably necessary to make a fair determination as to whether a permit should be issued hereunder.

(f) Variances required from park rules and regulations.

(2) Standards for issuance of a use permit shall include the following findings:

(a) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.

(b) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

(c) That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.

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

(e) That the facilities desired have not been reserved for other use on the date and hour requested in the application.

B. A permittee shall be bound by all rules and regulations and all applicable ordinances as fully as though the same were inserted in said permits.

C. 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 to whom such permit shall have been issued. A permittee shall be required 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 prior to the commencement of any activity or issuance of any permit.

D. Except for events sponsored by the governing body, every applicant shall, upon approval of an application, pay: (1) for use of the ballfield, a fee of $25 per hour; (2) for use of the Civic Center pay: (a) a fee for the use of the Center in the amount of $150 per use, and (b) a refundable deposit of $150, which shall be usable by the borough for extraordinary cleaning services or damage to the Center resulting from the applicant's use of the Center, and will be fully refunded in the absence of damage or the need for extraordinary cleaning. The fee and deposit for use of the Center will be waived for any application by: (1) a present borough employee provided the use is for an event pertaining to an immediate family member; (2) volunteer groups serving the borough (but not for individual members of such groups; and (3) Girl Scout and Boy Scout groups.

[Amended 6-21-2000 by Ord. No. 00-111; 11-11-2003 by Ord. No. 29-03; 6-11-2007 by Ord. No. 15-07]

E. Waiver. The governing body, for good cause shown by the applicant, may waive any provision of this chapter or rule or regulation adopted for the regulation of the use of the park, recreation area or any municipal facility at the time of issuing approval for the use of said area.

F. Revocation. The governing agency shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.

§ 123-15.1 Rules for use of Civic Center.

[Added 11-11-2003 by Ord. No. 29-03; amended 6-11-2007 by Ord. No. 15-07; 5-10-2016 by Ord. No. 04-2016]

A. Users of the Civic Center must leave the premises after use in a neat and orderly condition. Any damage to the premises or its furnishings should be reported as soon as possible to the Borough Clerk, and may result in the forfeiture of all or a portion of the refundable deposit.

B. At least one adult chaperone who is 21 years of age shall be on the premises at all times and shall be responsible for the conduct of any minors invited by persons using the Civic Center.

C. No alcoholic beverages are allowed on the premises.

D. Applications for use of the Civic Center shall be submitted to the Borough Clerk. Approvals for use of the Civic Center shall be granted only to the Borough residents, Borough based groups, or for community activities of the borough. Reservations shall not be approved for more than three months on any application.

§ 123-16 Enforcement.

A. The Borough Police Department shall, in connection with its duties imposed by law, diligently enforce the provisions of this chapter.

B. The Borough Police Department shall have the authority to eject from any park, recreation area or any municipal facility any person or persons acting in violation of this chapter.

C. The Borough Police Department shall have the authority to seize and confiscate any property, thing or device in any park, recreation area or any municipal facility used in violation of this chapter.

§ 123-17 Violations and penalties.

[Amended 7-8-02 by Ord. No. 02-23]

Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be liable for the replacement, repair or restoration of any park, recreation area or any municipal facility property damaged thereby and shall be liable to the penalty provided by Chapter 1, Article III.

§ 123-18 No smoking.

[Added 5-12-2003 by Ord. No. 12-03; amended 7-10-2006 by Ord. No. 19-06]

Smoking shall be prohibited on or within all municipal facilities except that it shall be permitted within parking areas adjacent thereto.

§ 123-19 Golfing.

[Added 5-12-2003 by Ord. No. 12-03]

No person shall hit a golf ball, or participate in any activities involving the use of golf clubs or golf balls, within, from, or into a borough park or recreation area except within the areas specifically designated by signs and markings for such activities, and within such areas there shall be no driving of golf balls, only chipping and putting.

§ 123-20 Swimming instruction at Municipal Beach.

[Added 6-23-2003 by Ord. No. 16-03]

The lifeguards at the Municipal Beach are hereby authorized to provide swimming lessons at the Municipal Beach to borough residents. Residents who wish to take swimming lessons shall sign up for a complete series of lessons and pay a fee to be established annually by resolution of the Mayor and Borough Council. There will be no refunds for failure to complete the entire course. All monies collected for said fees shall be turned over to the Borough's Finance Officer within 48 hours of collection for deposit into the Recreation Commission Trust Fund.

§ 123-21 Wildlife feeding.

[Added 12-13-04 by Ord. No. 18-04]

A. Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(1) FEED — To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

(2) PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

(3) WILDLIFE — All animals that are neither human nor domesticated.

B. Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by the Borough of Mount Arlington any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks, or rehabilitation centers, or unconfined wildlife at environmental education centers).

§ 123-22 Rules for use of Municipal Beach.

[Added 7-10-2006 by Ord. No. 19-2006; amended 5-10-2016 by Ord. No. 04-2016; 10-6-2020 by Ord. No. 06-2020]

A. The Municipal Beach shall be open to residents of the State of New Jersey only during the hours between sunrise and dusk. Reasonable access shall be afforded for residential and non-residential use of the Municipal Beach, however capacity limits may be set by resolution of the Governing Body to ensure public safety.

B. In order to provide funds to improve, maintain and police the Municipal Beach and to protect the same from erosion, encroachment, or otherwise, and to provide facilities and safeguards for recreation, including the employment of lifeguards and other necessary personnel, reasonable fees shall be charged any person seeking access to the Municipal Beach and recreational facilities from Memorial Day through Labor Day. Such fees shall be set by resolution of the Borough Council as provided for in this chapter, and shall be set in accordance with applicable law. The setting of such fees shall also take into consideration those amounts already paid by any person paying ad valorem taxes to the Borough to provide funds for the forgoing purposes.

C. Unless determined otherwise by a resolution of the Borough Council, the general operating season shall commence on Memorial Day and continue through Labor Day. During the operating season all persons using the Municipal Beach during operating hours shall obtain and display an appropriate beach badge. Lifeguards or other necessary attendants employed by the Borough shall be permitted to enforce the requirements set forth in this subsection. Fees for the purchase of beach badges shall be set yearly by resolution of the Borough Council.

D. Parking placards shall be provided to residents and non-residents for access to the public parking at the Municipal Beach. Parking placards shall serve as a parking pass, which shall be displayed conspicuously on the driver's side dashboard in a form to be approved by the Chief of Police, and at a cost confirmed yearly by resolution of the Borough Council consistent with the requirements of this chapter. Borough police or other necessary attendants employed by the Borough shall be permitted to limit capacity and enforce the requirements set forth in this subsection so as to ensure public safety.

E. No one under the age of 15 shall be permitted on the Municipal Beach unless accompanied by a person 18 years or older, who shall remain at the Municipal Beach at all times during which the child is at the Municipal Beach.

F. All rules posted on the signs at the Municipal Beach shall be observed at all times.

G. No fishing is permitted in the lake at the Municipal Beach during Municipal Beach hours.

H. Signs shall be posted at the Municipal Beach indicating that swimming in the absence of lifeguards is prohibited.

I. No bicycles or other wheeled vehicles other than strollers or wheelchairs are allowed on the docks at the Municipal Beach.

J. Wrestling, running, punching, pushing or pulling others into the lake is prohibited.

K. Any person, adult or minor child, who fails to obey the instructions of the Municipal Beach lifeguards will be ejected from the Municipal Beach by the Borough Police, pursuant to § 123-16 of this chapter.

L. The use of profanity, or other conduct at the Municipal Beach that disturbs the peace and good order of the Borough will lead to the ejection of persons from the Municipal Beach by the Borough Police, pursuant to Chapters 123 and 127 of the Borough Code.

§ 123-23 Miscellaneous restrictions for certain municipal facilities.

[Added 7-10-2006 by Ord. No. 19-06]

A. No one under the age of 15 shall be permitted on any borough owned docks or other facilities adjacent to Lake Hopatcong unless accompanied by a person 18 years or older.

B. No one over the age of 15 shall be permitted to fish within Memorial Pond.

C. Only borough residents shall be allowed on the West Dock, located on West Bertrand Road.

D. No bicycles or other wheeled vehicles other than strollers or wheelchairs are allowed on any borough owned docks.

E. Wrestling, running, punching, pushing or pulling others into the lake is prohibited on any borough owned docks.