Borough of Alpha, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 2-24-1981 by Ord. No. 318 (Ch. 89 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 129.
Bicycles — See Ch. 142.
Littering — See Ch. 253.
Swimming pools — See Ch. 358.
No person in a public park and recreation area shall:
A. 
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, tables, benches, fireplaces, railing, pavings or paving materials, waterlines 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. No person above the age of five years shall use the rest rooms and washrooms designated for the opposite sex.
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 seeds of any trees or plant, or dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
F. 
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. 
Permit any animal to enter upon or remain within a public park or recreation area.
H. 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, nor remove nor have in his possession the young of any wild animal or the eggs or nest or young of snakes. However, any snake 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 waters of any fountain, pond 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.
J. 
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or be left anywhere on the grounds thereof but shall be placed in the proper receptacles.
K. 
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas.
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 area.
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.[1]
[1]
Editor's Note: See also Ch. 142, Bicycles.
P. 
Leave a bicycle lying on the ground or paving or set against a tree or in any place or position where other persons may trip over or be injured by it.
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 hereafter adopted, nor shall any person frequent any waters or places customarily designated for the purposes of swimming or bathing or congregate thereat when such activities are prohibited by the Department of Public Property upon a finding that such use of the water would be dangerous or otherwise inadvisable.
R. 
Carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapons potentially harmful 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.
S. 
Picnic or lunch in a place other than those designated for that purpose.
T. 
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 use such areas and facilities for an unreasonable time if the facilities are crowded.
U. 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker, to be properly disposed of elsewhere.
V. 
Take part in or abet the playing of any games involving thrown or otherwise propelled stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation.
W. 
Possess or consume any alcoholic beverage in any public park or recreation area, except that alcoholic beverages shall be permitted in the designated area of the municipal park bordering on Vulcanite Avenue, west of the John Dolak Memorial Pool, with permit only. Said permit shall be issued by the Mayor and Council of the Borough of Alpha.
[Amended 1-11-1983 by Ord. No. 354[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
X. 
Play the game of golf or practice the game of golf at any time in any public park.
[Added 9-28-1993 by Ord. No. 488; amended 7-12-1994 by Ord. No. 501]
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. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, prohibiting persons from being under the influence of intoxicating liquor in a park, was repealed 10-28-2008 by Ord. No. 08-15.
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 flammable 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.
C. 
Appear at any place in other than proper clothing.
D. 
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 flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
E. 
Enter an area posted as "Closed to the Public," nor use or abet in the use of any area in violation of posted notices.
F. 
Gamble or participate in or abet any game of chance, except in such areas and under such conditions as may be set by the Borough of Alpha.
G. 
Go onto the ice on any of the waters except such areas as are designated as skating fields and provided that a safety signal is displayed.
H. 
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.
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. 
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.
A. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. No person shall remain in any park or playground or recreation area after the expiration of such designated hours.
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 Department of Public Property in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Department of Public Property, 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 Department of Public Property shall find reasonably necessary to attain a fair determination as to whether a permit should be issued hereunder.
B. 
Standards for issuance of a use permit by the Department of Public Property 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 of Alpha.
(5) 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
(6) 
That the proposed permittee shall be a resident of the Borough of Alpha.
(7) 
That the proposed permittee shall be at least 19 years of age.
C. 
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.
D. 
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 negligence of any person arising from the use of the permit. The Department of Public Property 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 Department of Public Property, prior to issuing the permit.
E. 
Revocation. The Department of Public Property shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A. 
The Department of Public Property, Alpha Borough police and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Department of Public Property, Alpha Borough police and any park attendant shall have the authority to eject from the park area or to prosecute any person or persons acting in violation of this chapter.
C. 
The Department of Public Property, Alpha Borough police and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 1-11-1983 by Ord. No. 354; 6-22-2004 by Ord. No. 04-16]
B. 
The provisions of this section shall be considered cumulative to the enforcement provisions of this chapter contained in § 284-5.
[Added 9-28-1993 by Ord. No. 488; amended 7-12-1994 by Ord. No. 501]
A. 
There shall be a fee paid to the Borough of Alpha by any adult baseball team affiliated with a league in the amount of $35 per game. This fee shall be payable in advance for each game prior to the commencement of the season. In the event of a tournament, an additional $100 per day shall be paid prior to the commencement of the tournament.
B. 
This fee shall not apply to the usage of the field by any team affiliated with the Borough of Alpha, AYA Association, John Dolak Teams and Phillipsburg High School.
C. 
Any person wishing to reserve the park pavilion must apply for a permit after February 1 of the current year and shall pay a flat fee of $50 to the Borough of Alpha.
[Added 12-27-1995 by Ord. No. 95-25; amended 8-10-2004 by Ord. No. 04-24; 2-22-2005 by Ord. No. 05-04; 8-22-2017 by Ord. No. 2017-08]