[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 5-13-1971. Amendments noted where applicable.]
This ordinance is deemed necessary in the interest of public
health, safety, and as a proper exercise of police power in regulating
the conservation of woodlands and wildlife for the protection and
general welfare of the people of the Borough of Wenonah.
A conservation area shall be all that area within the Borough
of Wenonah designated and posted as "Wenonah Woods Conservation Area,"
and such other areas as shall be designated conservation areas and
posted as such from time to time as determined by the Borough Council
of the Borough of Wenonah.
See Ch. 34, Loitering and Curfew.
A park shall mean that area bounded by East Mantua Avenue,
South Clinton Avenue, East Cherry Street and South East Avenue and
posted as such, and such areas as shall be designated and posted as
park areas from time to time as determined by the Borough Council
of the Borough of Wenonah.
A person, within the meaning of this ordinance, is any person,
firm, partnership, association, corporation, company or organization
of any kind.
A recreation area shall mean that area of Warner's Lake
for swimming and adjacent playground area and all areas used for athletic
activities, and such areas as shall be designated and posted as such
from time to time as determined by the Borough Council of the Borough
of Wenonah.
A.
Unless by special permission of Mayor and Borough Council, or its
designate, no person on public land shall:
(1)
Loiter in an unlighted vehicle in any unlighted area between sunset
and sunrise.
(2)
Park a vehicle in other than established or designated parking areas.
(3)
Wash or service any automobile or truck or other vehicle within any
area circumscribed by this ordinance.
(4)
Gamble or participate in or abet any game of chance.
(5)
Engage in loud, boisterous, threatening, abusive, insulting or indecent
language.
(6)
Carry, possess, dispense or consume any intoxicating liquors, including
wine and beer.
(7)
Disturb or interfere unreasonably with any person occupying any area
or participating in any activity under the authority of a permit.
(8)
Damage, cut, carve or remove any tree, shrub or vegetation, or pick
the flowers or seeds of any tree, shrub or other vegetation.
(9)
Deposit, discharge, scatter or otherwise place, or caused to be placed
any tree, shrub or vegetative material.
[Added 7-28-2016 by Ord.
No. 2016-6]
(10)
Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or
throw any missile at any animal or bird, or have in his possession
the young of any wild animal or the eggs or nest of any birds.
[Amended 7-28-2016 by Ord. No. 2016-6]
(11)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any tree, shrub or vegetative material, building, bridge,
table, bench, fireplace, railing, paving or paving material, water
line or other public utility, or paths 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 public property or appurtenances whatsoever, real or personal.
[Amended 7-28-2016 by Ord. No. 2016-6]
(12)
Dump, deposit or leave any bottles, broken glass, ashes, paper, automobile
parts, boxes, cans, dirt, rubbish, waste, garbage, tree, shrub or
other vegetative material, or refuse or other trash, and/or fail to
place such materials in a receptacle placed for such purpose.
[Amended 7-28-2016 by Ord. No. 2016-6]
(13)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake or stream or other body of water
in or adjacent to any part of any tributary, stream, storm sewer or
drain flowing into such water, any substance or thing, liquid or solid,
which will or may result in pollution of said water.
[Amended 7-28-2016 by Ord. No. 2016-6]
(14)
Drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco paper or other inflammable material, or light,
build, kindle or maintain any fire except in places provided for such
purpose.
[Amended 7-28-2016 by Ord. No. 2016-6]
(15)
Throw debris on the ice of any lake or pond.
[Amended 7-28-2016 by Ord. No. 2016-6]
(16)
Swim or bathe in any area other than the swimming area properly posted
as such.
[Amended 7-28-2016 by Ord. No. 2016-6]
(17)
Operate minibikes, snowmobiles or any other motorized equipment save
automobiles within any conservation, recreation or park area covered
by this ordinance. Automobiles shall be permitted to be driven only
on designated roadways within the areas covered by this ordinance.
[Amended 7-28-2016 by Ord. No. 2016-6]
(18)
Expose or offer for sale any article or thing, nor station or place
any stand, cart or vehicle for transportation, sale or display of
any such article, unless by special permission of Borough Council
or its designate.
[Amended 7-28-2016 by Ord. No. 2016-6]
(19)
Spray or otherwise deposit any substance which will or may result
in injury or death to birds or wildlife or be injurious to any tree
or vegetation.
[Amended 7-28-2016 by Ord. No. 2016-6]
(20)
Picnic or lunch in a place other than those designated for that purpose.
[Amended 7-28-2016 by Ord. No. 2016-6]
(21)
Cause any substance or material to be emptied into any body of water
by any means, or tamper with a dam whereby normal water levels will
be altered.
[Amended 7-28-2016 by Ord. No. 2016-6]
(22)
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription, whether temporary or permanent.
[Amended 7-28-2016 by Ord. No. 2016-6]
(23)
Dump or otherwise deposit earth, street sweepings or other landfill
materials unless authorized by the Mayor and Council pursuant to a
proper permit issued by the Mayor and Council.
[Amended 7-28-2016 by Ord. No. 2016-6]
(24)
Dig, trench or excavate by tool, blasting or by any other means any
earth materials.
[Amended 7-28-2016 by Ord. No. 2016-6]
(25)
No dogs shall be permitted in the swimming or adjacent playground
areas.
[Amended 7-28-2016 by Ord. No. 2016-6]
(26)
The park shall not be used as a playground for athletic activities
unless a permit is obtained.
[Amended 7-28-2016 by Ord. No. 2016-6]
A.
Public lakes and streams within the borough shall be available to
the public for fishing at lawful times and in such manner as may be
permitted by the State of New Jersey.
B.
All fishing privileges authorized hereunder may from time to time
be curtailed or strictly prohibited by Mayor and Borough Council upon
proper posting in fishing areas.
Permits for special events in any areas regulated by this ordinance
shall be obtained by application to the Parks and Playgrounds Committee
of the Borough of Wenonah in accordance with the following procedure:
A.
Application. Persons seeking issuance of a permit hereunder shall
file an application with the Parks and Playgrounds Committee, 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 part or portion of borough grounds for which such permit is desired.
(5)
An estimate of the anticipated attendance.
(6)
Any other information which the Parks and Playgrounds Committee shall
feel is reasonably necessary to a fair determination as to whether
or not a permit shall be issued hereunder.
B.
Standards for issuance. The Parks and Playgrounds Committee shall
issue a permit hereunder when it finds:
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
public area.
(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 and use is not reasonably anticipated
to incite violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough Council.
(5)
That the facilities desired have not been reserved for other use
at the day and hour required in the application.
Within five days after receipt of an application, the Parks and Playgrounds Committee shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five days to the Borough Council, which will consider the application under the standards set forth in § 18-5B and sustain or overrule the Parks and Playgrounds Committee within five days. The decision of the Borough Council shall be final.
A.
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.
B.
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injuries sustained by any person whatever
by reason of the negligence of the person or persons to whom such
permit shall have been issued.
C.
The Parks and Playgrounds Committee shall have the authority to revoke
a permit upon the finding of violation of any rule, ordinance or upon
good cause shown.
[Amended 7-28-2016 by Ord. No. 2016-6]
Any person or entity who is convicted of violating this chapter
shall be subject to any one or more of the following: imprisonment
in the County jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; and/or
by a fine not exceeding $2,000; and/or by a period of community service
not exceeding 90 days.
Any person who is convicted of violating the same provision
of this chapter within one year of the date of a previous violation
of this chapter, and who was fined for the previous violation, shall
be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the initial violation of this chapter.
All ordinances, codes or parts of the same inconsistent with any of the provisions of this ordinance and the code established hereunder are hereby repealed to the extent of such inconsistency; provided, however, that Chapters 5, 9, 21, 34 and 67 of the Code of the Borough of Wenonah shall remain in full force and effect except as to those provisions thereof which have been obviously changed or amended hereby, and this ordinance and the code established herein and intended to be supplemental thereto to the extent that prosecutions may be had under either of the said enactments.
In the event that any section, sentence or clause of this ordinance
or code shall be declared unconstitutional by any court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This ordinance and the code herein established shall take effect
30 days after its final passage and publication as provided by law.
