No person in a public park or recreation area
shall:
A.
Mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railings,
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 restrooms and washrooms
in a neat and sanitary condition. No person over the age of six years
shall use the restrooms and washrooms designated for the opposite
sex.
C.
Dig or remove any soil, rock, sand, stone, tree, shrub
or plant or other wood or material 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, mark, transplant or remove any
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, climb, stand or sit upon monuments.
vases, planters, fountains, railing, fences or upon any other property
not designated or customarily used for such purpose.
G.
Attach any rope or cable or other contrivance to any
tree, fence, railing, bridge, bench or other structure.
H.
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, 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 said waters.
I.
Take into, carry through, leave in or throw, cast,
lay, drop or discharge into or on, or suffer or permit any servant,
agent, employee or person in his charge to take into, carry through,
leave in or throw or cast on, said parks any rubbish, refuse, garbage
or other material. Such refuse and rubbish shall be deposited in receptacles
so 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.
Bring any glass container into any park or recreation
area.
K.
Engage in smoking. “Smoking” means the
burning of, inhaling from, exhaling the smoke from, or the possession
of a lighted cigar, cigarette, pipe or any other matter or substance
which contains tobacco or any other matter that can be smoked. Smoking
is permitted in parking areas provided for public parks or recreation
areas. The prohibition against smoking set forth in this subsection
shall be limited to the following athletic facilities in the Borough
of Hopatcong and shall not apply to any other public park or recreation
area: Veterans Field, Nariticong Field, Jefferson Field, Squire Field,
Brandt Park, and Larry Lothian Memorial Field.
[Added 11-1-2006 by Ord. No. 33-2006]
[Amended 11-4-1993 by Ord. No. 19-93; 2-20-2002 by Ord. No. 3-2002]
No person in a public park or recreation area
shall:
A.
Have in his possession, custody, or control whether
or not on a leash or otherwise contained any dog, cat, pet or any
other domesticated animal, except during authorized pet shows or similar
special programs. Further, this prohibition shall not apply to any
dog actually used for assistance by any vision- or hearing-impaired
person or law enforcement purposes.
B.
Cause or permit any dog, cat, pet or any other domesticated
animal to run loose.
C.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird except for the limited hunting of white-tailed deer on designated properties in accordance with Chapter 100 entitled "Deer Hunting on Municipally Owned Property."[1]
[Amended 9-19-2012 by Ord. No. 24-2012]
D.
Remove or have in his possession the young of any animal or the eggs
or nest of any young of any reptile or bird.
[Added 9-19-2012 by Ord. No. 24-2012]
No person in a public park or recreation area
shall:
A.
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.
B.
Park a vehicle on other than an established or designated
parking area, and such shall be in accordance with posted directions
thereof and with the instruction of any attendant who may be present.
C.
Leave a vehicle standing or parked in established
parking areas or elsewhere in the park and recreation areas during
hours when the park and recreation areas are closed. During a snowstorm
and for three days thereafter established parking areas in parks and
recreation areas may be utilized for parking but not by commercial
vehicles or trailers of any kind.
D.
Leave a bicycle in a place other than a bicycle rack
when such is provided and there is space available.
E.
Ride a bicycle without reasonable regard for the safety
of others.
F.
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.
G.
Wash any vehicle.
H.
Drive or operate within the parks any omnibus or vehicle
adapted for more than 12 passengers or any hearse or any vehicle constructed
or adapted for or engaged in the carrying of any merchandise or consisting,
wholly or in part, of machinery adapted or put to any use other than
that of propulsion thereof or uses incidental thereto or upon which
is displayed for advertising purposes any writing, symbol, flag, banner,
target, sign, placard, transparency or other matter, provided that
buses and trucks used to carry visitors to the parks and recreation
areas, other than on regular passenger routes, and subject to police
regulations as to routes, speed and parking, shall be allowed, and,
further, that taxis and livery vehicles shall be allowed, except that
they may not solicit fares by parking or cruising.
I.
Use the parks, park drives, parking places or parkways
for the purpose of demonstrating any vehicles or for the purpose of
instructing another to drive or operate any vehicle or for learning
to drive or operate any vehicle; nor shall any person use any park
area, including parking places, for the repairing or cleaning of any
vehicle, except in an emergency.
J.
Cause or permit a vehicle in tow of another vehicle
to enter the parks or proceed therein, except that in the case of
a breakdown a disabled vehicle may be towed to the nearest exit; nor
shall any person operate or drive a vehicle containing any person
or object projecting or hanging outside of or beyond the side or the
rear thereof.
[Added 6-1-1995 by Ord. No. 14-95]
No person shall leave a vehicle standing or
parked at the Hopatcong Civic Center Park unless said parking is in
conjunction with participation in a Borough-sanctioned event, the
actual use of the Civic Center facility or the use of recreational
facilities available at the Civic Center Park.
No person shall bring into or have in his possession
in any park or recreation area:
A.
Any pistol or revolver or objects upon which loaded
or blank cartridges may be used. Official starters at authorized track
and field events are excepted from this restriction.
B.
Any tools, instruments, skeleton keys, pick locks,
jimmie or other things known as "burglar tools," except when authorized
by law.
C.
Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, or other instrument or weapon in which the propelling force is a spring or air, except bows and arrows or firearms which may be lawfully used with a valid permit for the limited hunting of game species on municipally owned property in accordance with Chapter 100, Article I, entitled "Hunting on Municipally Owned Property."
[Amended 9-19-2012 by Ord. No. 24-2012; 9-16-2015 by Ord. No. 27-2015]
No person in any park or recreation area shall
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 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. Permits may be given for conducting
properly supervised fireworks in designated park areas.
No person shall post, paint, affix, distribute,
hand out, deliver, place, cast or leave about any bill, billboard,
placard, ticket, handbill, circular or advertisement or do any of
the following without written permission:
A.
Display any flag, banner, transparency, target, sign,
placard or any other matter for advertising.
B.
Operate any musical instrument, soundtrack or drum
for advertising purposes or for the purpose of attracting attention
to any exhibition, show, performance or other display.
C.
Hold, conduct or address public assemblages or debates,
except such as are organized or sponsored by the approving governing
agency.
D.
Conduct exhibitions or entertainment, except such
as are organized or sponsored by the approving governing agency.
E.
Individually or as part of a group, preach or make
any harangue or move in a military or civic parade, drill or procession.
No person shall 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, within any park or recreation area. Exception is here made
as to any concessionaire regularly licensed by the Borough and acting
by and under authorization and regulation.
No person shall kindle, build, maintain or use
a fire except in places provided for such purposes. Any fire for which
a permit shall have been issued, and in such places as have been designated,
shall be continuously under the care and direction of a competent
person from the time it is kindled until it is extinguished. No person
shall throw away or discard any lighted match, cigar, cigarette, tobacco,
paper or other material within or against any building, structure,
boat, car, vehicle or enclosure, or under any tree or in underbrush,
unless it shall be to deposit the same in a suitable container provided
for the reception thereof.
[Amended 10-1-2008 by Ord. No. 21-2008]
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.
Possess or drink alcoholic beverages;
B.
Solicit contributions for any purpose, whether public
or private;
C.
Play any game of chance or have possession of any
instrument or device for gambling; or
D.
Play, engage or take part in any game or competitive
sport for money or other valuable thing without authorized permission.
No person in a park or recreation area shall:
A.
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 a house
trailer, camp trailer, camp wagon or the like, except in areas designated
for those purposes.
B.
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
designated for such forms of recreation. The playing of rough or comparatively
dangerous games such as football, baseball and lacrosse is prohibited
except on the field and courts or areas provided therefor. Roller-skating
and skateboards shall be confined to those areas specifically designed
for such pastime.
C.
Occupy any seat or bench or enter into or loiter or
remain in any pavilion or any other park structure or section thereof
which may be reserved and designated for the use of the opposite sex.
Exception is made for children under six years of age.
D.
Appear at any place in other than proper clothing.
E.
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.
F.
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.
G.
Fail to produce and exhibit any permit 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.
H.
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
I.
Erect or occupy any tent, stand or other structure
in any park or playground or sell or give away from any such tent,
stand or other structure any food, drink or other thing, without written
permission.
A.
No person or vehicle shall, except during the hours provided in Subsections B and C below, loiter or remain in said parks and recreation areas, except in an emergency and after notifying a police officer, and except when, where and for whom permission has been granted for a group gathering, activity or function, and except when, where and for whom a camping permit has been issued.
B.
Opening hours. All parks and recreation areas will
open at sunrise, as defined by the United States Weather Bureau for
the Hopatcong area, unless otherwise specified or designated by signs.
C.
Closing hours. For Upper Modick Park, Civic Center Park, Veteran
Field Complex, Jefferson Field and Nariticong Field the closing time
shall be 10:30 p.m. or when the lights are turned off, whichever is
earlier. For all other parks and recreation areas, they shall be closed
1/2 hour after sundown, as defined by the United States Weather Bureau
for the Hopatcong area, except as provided by permits for special
events or for other activities or by provision of this subsection.
[Added 6-1-1995 by Ord. No. 14-95; amended 4-18-2018 by Ord. No. 6-2018]
D.
Jefferson Trail Park. Park hours are from March 1
through November 30, Monday through Friday, 10:00 a.m. to 10:00 p.m.;
Saturdays, 9:00 a.m. to 10:00 p.m.; and Sundays, 10:00 a.m. to 6:00
p.m.
[Added 5-1-1986 by Ord. No. 9-86; amended 6-5-1986 by Ord. No. 12-86; 4-7-1999 by Ord. No. 5-99]
E.
Jefferson Trail Park. Park hours are from December
1 through February 28, Sunday to Saturday, 10:00 a.m. to 6:00 p.m.
[Added 4-7-1999 by Ord. No. 5-99]
A.
The following activities are permitted only at times
and in areas so designated for that purpose and are otherwise prohibited
within the parks:
(1)
Swimming, bathing and wading.
[Amended 11-4-1993 by Ord. No. 19-93]
(2)
Ice skating, sledding and skiing.
(3)
Model airplane flying.
(4)
Boating on ponds, without motors.
(5)
Basketball and baseball.
(6)
Police pistol range.
(7)
Archery.
(8)
Horseshoe pitching.
(9)
Tennis.
(10)
Picnicking.
(11)
Camping.
(12)
Football and track.
B.
All persons using the facilities of the parks and
recreation areas must obey the posted rules and regulations established
for the proper, effective and safe utilization of the facility.
C.
Nonpolitical public speeches in conjunction with public
celebrations will be allowed after obtaining a permit and must be
conducted in accordance with the restrictions imposed by the permit.
D.
Any adult softball league, wherein the players are
18 years of age or older, must obtain an official field use permit
from the Recreation Commission in order to use approved Borough fields.
As a condition of the permit and the ability to use Borough playing
fields, only flight restricted softballs can be used. Any violation
of this provision will result in automatic loss of the field use permit.
[Added 5-3-2000 by Ord. No. 9-2000]
E.
No person shall bat or attempt to bat any ball from
any area on Jefferson Field other than the designated home plate area.
The foregoing restriction shall not apply to coaches engaged in organized
fielding practice for any team granted permission to use Jefferson
Field, provided that said coach shall not bat any ball for purposes
of fielding practice in such a manner as to cause the ball to leave
the designated playing field.
[Added 7-21-2004 by Ord. No. 25-2004]
F.
Within the parks and recreation areas of the Borough
of Hopatcong it shall be unlawful for any person to operate a public
address system or produce amplified voice or music unless such voice
and/or music will not be audible at any property line, except as provided
by permit. For special sporting events or sporting events of a “playoff
level” for which a permit is issued, a public address system
or amplified voice may be used, except that no public address system
or amplified voice shall be used for play-by-play type descriptions,
for conducting raffles, or music or singing beyond the National Anthem
or similar music used to open events.
[Added 8-3-2005 by Ord. No. 28-2005]
[Amended 7-5-2007 by Ord. No. 15-2007]
A.
Permits for activities to be conducted on municipal
property or facilities shall be obtained by application 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 or portion thereof for which the permit
is desired.
(e)
Any other information which the approving entity
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
(f)
Variances required from park rules and regulations.
(g)
In the case of a youth program, an affidavit certifying that all persons in a position supervising children have had a background check as required by § 163-18G(1).
(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, property or facility.
(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.
(f)
That the applicant is in compliance with the background check affidavit requirement of § 163-18G(1), if the proposed use is a youth program.
(3)
All applications to use municipal property or facilities
within the jurisdiction of the Board of Recreation Commissioners shall
be designated as recreation permits and shall be submitted to the
Recreation Activities Coordinator for a decision by the Recreation
Activities Coordinator or the Board of Recreation Commissioners according
to the policy and procedure established by the Board of Recreation
Commissioners.
(4)
All applications for the use of municipal property
or facilities not within the jurisdiction of the Board of Recreation
Commissioners shall be designated as special use permits and be submitted
to the Borough Clerk to be placed on the governing body's agenda for
a decision, whose decision shall be final and nonappealable.
B.
Appeal of recreation permits.
(1)
Within 45 days after the receipt of an application
for a recreation permit, the Board of Recreation Commissioners shall
apprise an applicant in writing of its determination to grant or deny
a permit. In the event of a denial, the notification shall include
the reason for the denial.
(2)
Any aggrieved person shall have the right to appeal
to the Borough governing body a decision under this section of the
Commission or its designee by serving written notice thereof on the
Borough Clerk within five working days of said refusal.
(3)
A copy of said notice shall also be served on the
Commission within the same time, and said Commission shall immediately
forward the application and the reasons for its refusal to the Borough
governing body, which shall consider the application and sustain or
overrule the Board of Recreation Commissioners' decision within 30
days from the receipt of the appeal by the Borough Clerk. The decision
of the governing body shall be final.
C.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances as 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 the negligence of the person or persons to whom
such permit shall have been issued. A permittee may 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.
E.
Revocation. A permit may be revoked by the approving
authority upon a finding of violation of any rule or ordinance or
upon good cause shown.
F.
No permit shall allow the possession, sale or consumption
of alcoholic beverages in a park area or on municipal property without
a resolution of the governing body authorizing the possession, sale
or consumption of alcoholic beverages.
G.
Background check affidavit.
(1)
Effective June 1, 2008, prior to any club or organization,
other than Borough-sponsored youth programs, receiving any type of
permit to use Borough-owned property or facilities for youth programs,
the club or organization must complete an affidavit on a form approved
by the Borough Administrator and the Board of Recreation Commissioners
certifying that all official coaches, assistant coaches and adults
who are in positions of authority or control of youth participants
under the age of 18 have completed and passed a background check within
the last four years, meaning that the individual has not been convicted
of any of the disqualifying offenses set forth in N.J.S.A. 15A:3A-3.
The affidavit shall also state that the affiant is not aware of any
relevant convictions subsequent to the background check.
[Amended 12-19-2007 by Ord. No. 26-2007]
(2)
In the event that a club or organization can not comply
with this subsection because background checks have been submitted
to the State Police but results have not been received, a conditional
permit may be issued for up to 60 days.
H.
Borough-sponsored youth programs.
(1)
Effective June 1, 2008, all adults, those persons
18 years of age or older, including but not limited to coaches, assistant
coaches, or similar positions involved in educating, directing or
supervising youth in a Hopatcong Borough-sponsored youth program shall
submit required information for the purpose of obtaining a criminal
history background check with the State Bureau of Identification in
the New Jersey State Police.
[Amended 12-19-2007 by Ord. No. 26-2007]
(2)
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Recreation Activities Coordinator shall notify the applicant and the head of the program of affirmative or negative results. The determination shall be based upon § 163-18H(3) of this chapter.
(3)
In the event the criminal background check reveals
any prior convictions for crimes or offenses set forth in N.J.S.A.
15A:3A-3, that individual shall not be allowed to participate in any
Borough-sponsored youth program.
(4)
Refusal by individuals required to submit to background
checks will result in a dismissal of the individual from any Borough-sponsored
activities requiring background checks.
(5)
Any and all criminal background checks shall be filed
and maintained in a secure and locked cabinet or room and shall not
be available to the public. The records shall be exempt from public
disclosure under the common law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period as
is necessary to serve their intended and authorized purpose and in
conformance with State of New Jersey Division Retention Schedule.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(6)
All Borough-sponsored youth programs that have individuals
subject to this chapter shall ensure that background checks are renewed;
no less than every four years a new background check shall be submitted.
