[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as Ch. XXIII (Ord. No. 456) of the 1970 Revised
General Ordinances. Amendments noted where applicable.]
It shall be unlawful for any person in a public
park or recreation area to:
A.
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, tables, benches, railings,
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.
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.
C.
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.
D.
Damage, cut, curve, 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 grassed areas, or in any other
way injure the natural beauty or usefulness of any area.
E.
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.
F.
Tie or hitch an animal to any tree or plant.
G.
No person shall hunt, molest, kill, wound, trap, abuse,
shoot, pursue or throw missiles at, remove, or have in his possession
any animal, reptile, or bird found within a borough park, nor disturb
its habitat within a borough park; or knowingly buy, receive, have
in his possession, sell or give away any such animal, reptile, bird
or eggs so taken, except as may be specifically provided for, and
being in accordance with state/federal fish and game laws.
H.
Throw, discharge, or otherwise place or cause to be
placed in the waters of any stream or other body of water in 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.
I.
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 such refuse or trash
shall be placed in any waters in 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.
J.
Drive or park 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 by the Recreation Commission.
K.
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas. No motor vehicle shall
be parked in said park areas from 1/2 hour after sunset until
sunrise, except as otherwise permitted.
L.
Ride a bicycle without reasonable regard to the safety
of others.
M.
Leave a bicycle lying on the ground or paving or set
against trees, or in any place or position where a person may trip
over or be injured by it.
N.
Shooting into park areas from beyond park boundaries
is forbidden. 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, except as may be specifically provided
for, and being in accordance with state/federal fish and game laws.
O.
Take part in or abet the playing of any games involving
thrown or otherwise propelled objects such as balls, stones, arrows,
javelins, horseshoes, quoits or model airplanes except in those areas
set apart for such forms of recreation. The playing of rough or comparatively
dangerous games such as football, baseball and lacrosse is prohibited
except on the fields and courts or areas provided therefor.
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 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 Recreation Commission permits may be given
for conducting properly supervised fireworks in designated park areas.
C.
Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the Recreation Commission by signs
bearing the words "Domestic Animals Prohibited in this Area." Nothing
herein shall be construed as permitting the running of dogs at large.
All dogs in those areas where such animals are permitted shall be
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.
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," nor
shall any person use or abet in the use of any area in violation of
posted notices.
G.
Gamble, or participate in or abet any game of chance
except in such areas and under such regulations as may be designated
by the Recreation Commission.
H.
Go onto the ice on any of the waters except such areas
as are designated as skating fields, and provided a safety signal
is displayed.
I.
Upon request, to fail to produce and exhibit any permit
from the Recreation Commission he claims to have to any authorized
person who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
J.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
K.
Expose or offer for sale any article or thing, nor
shall he station or place any stand, cart, or vehicle for the transportation,
sale, or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Recreation Commission.
L.
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 park lands or highways
or roads in any park.
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information and shall be determined from
time to time by resolution of the Recreation Commission. The Council
shall have the authority to enact by resolution reasonable fees in
connection with the use of any public recreation or other public area
within the Borough, including but not limited to the Alpine Swim and
Racquet Club and the Borough's ball fields: Church Street Field
and Hillside Avenue (School) Field.
[Amended 4-22-2015 by Ord. No. 754; 5-25-2016 by Ord. No. 762]
B.
No person shall, on the grounds of race, color, national
origin, religion, age, sex or handicap, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
in any park facility, program, or activity.
C.
Discrimination on the basis of residence, including
preferential reservation, membership, or annual permit systems, is
prohibited except to the extent that reasonable differences in admission
and other fees may be maintained on the basis of residence in any
park.
[Added 10-22-2014 by Ord. No. 748[1]]
A.
The Borough may act to temporarily close or limit the use of any
public recreation or other public area or any Board of Education area
whenever, in the judgment of the appropriate enforcing authorities,
as defined herein, such action is deemed necessary or desirable for
the protection of public health and safety.
B.
LIGHTNING RISK WARNING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Notice to the Borough of a lightning risk, the activation
of the lightning warning system siren or strobe if installed or the
happening of any event which a reasonable person would perceive to
be a risk or the appropriate enforcing authority deems to be a risk
to health and safety due to lightning.
C.
If a lightning risk warning occurs:
(1)
All activities within such park or recreational facility shall immediately
cease until the lightning warning system, if installed, provides the
all-clear sound or the appropriate enforcing authority authorizes
the facility(ies) to reopen; and
(2)
All persons within the park or recreational facility when the lightning
risk warning occurs shall immediately exit the park or recreational
facility and not return until the lightning warning system provides
the all-clear sound or any of the appropriate enforcing authorities
authorizes the facility(ies) to reopen. "All persons" shall include
all employees of the Borough of Alpine, volunteers, coaches, team
members and their families and umpires/referees as well as all members
of the public.
D.
All activities, whether or not organized, taking place on public
recreation or other public areas or any Board of Education area shall
be covered by the Lightning Safety Policy of the Borough of Alpine:
(1)
Organized activities. The person or persons seeking issuance of permission
for use of recreational facilities shall be responsible to ensure
all coaches, umpires, referees, and/or coordinators shall sign the
Borough of Alpine Lightning Safety Policy. Each umpire, coach, coordinator
or adult in charge of an organized activity shall be responsible to
ensure that his or her group follows the Lightning Safety Policy.
Disregarding the policy subjects the umpire, coach, coordinator or
adult in charge to a possible fine and revocation of privileges for
use of the fields and parks for organized activity.
(2)
Unorganized activities. Members of the public informally using the
parks, fields, lots or other public area or any Board of Education
area are also subject to the terms of this chapter and fines for any
violation therein.
E.
Enforcing authorities. Any officer of the Borough of Alpine, including
the Police Department, Fire Department, Department of Public Works,
Mayor and Council, along with the designated agents of the Recreation
Department or permitted organized activity, shall be the "enforcing
authorities" authorized to enforce the terms of this chapter. Nothing
in this chapter is intended to negate the authority of the appropriate
enforcing authorities to take such actions as deemed necessary or
desirable for the protection of the public's health or safety.
F.
Violations and penalties. If the Code of the Borough of Alpine provides
for the licensing or permitting of the violator, the Mayor and Council
reserves the right to revoke such license or permit. Any person found
guilty of violating this section of the Code of the Borough of Alpine
shall be subject to a penalty consisting of a fine not to exceed $500
for each occurrence.
Permits for special events in parks shall be
obtained by application to the Recreation Commission in accordance
with the following procedures:
A.
A person seeking issuance of a permit hereunder shall
file an application with the Recreation Commission which shall include:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation,
or associations 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)
A certificate of insurance in an amount from time
to time determined by the Mayor and Council.
(6)
Any other information which the Recreation Commission
shall find reasonably necessary for a fair determination as to whether
a permit should be issued hereunder.
B.
Standards for issuance of a use permit by the Recreation
Commission 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 of 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 Recreation Commission 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 Mayor and Council by serving written notice thereof on the Borough Clerk within five days of said refusal. A copy of said notice shall also be served on the Recreation Commission within the same time and said Commission shall immediately forward the application and the reasons for its refusal to the Mayor and Council which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the Recreation Commission's decision within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Mayor and 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 said permits.
E.
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. The Recreation Commission 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 Mayor and Council prior to the commencement
of any activity or issuance of any permit.
F.
Revocation. The Recreation Commission 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 Recreation Commission shall, in connection with
its duties imposed by law, diligently enforce the provisions of this
chapter.
B.
The Recreation Commission and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this chapter.
C.
The Recreation Commission 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.
D.
This chapter shall also be enforced by the Police
Department of the Borough of Alpine.
The Borough of Alpine reserves the right with
respect to any or all of the public park and recreation areas, and
any facilities located therein, to enter into any agreement with the
Board of Education of the Borough of Alpine concerning the control
and use thereof and, anything contained in this chapter to the contrary
notwithstanding, any use of said premises or said facilities by the
Board of Education pursuant to any agreement with the Mayor and Council
and the Recreation Commission heretofore or hereafter entered into
shall be free and exclusive from any control or supervision of or
by the Recreation Commission.
Any person violating any of the provisions of
this chapter 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 a fine not exceeding
$500 and in default of payment thereof may be sentenced to imprisonment
in the county jail in the discretion of the Magistrate, for a term
not exceeding 10 days.
