[HISTORY: Adopted by the Township Committee
of the Township of Mantua 7-9-1968; amended in its entirety 7-22-1997 (Ch. 121 of the 1978 Code). Amendments
noted where applicable.]
[Amended 3-11-2003 by Ord. No. O-7-2003]
All parks in the Township of Mantua shall be
operated and maintained under the supervision of the Township Committee.
A.
The Public Safety Director, the Chief of Police and
the Police Department of the Township of Mantua shall see to the enforcement
of this chapter and any other ordinances relating to the parks, and
they shall enforce all rules relating to the use of parks.
B.
Any member of the Township Committee Park Director,
or any authorized personnel shall have the authority to eject from
any park area any person or persons acting in violation of this chapter.
[Amended 3-11-2003 by Ord. No. O-7-2003]
[Amended 3-11-2003 by Ord. No. O-7-2003]
No amusement for gain or for which a charge
is made can be conducted in a park without the consent of the Township
Committee, and such amusement must be conducted in accordance with
any ordinance pertaining thereto.
A.
Any person, entity or corporation who or which violates
any provision of this chapter shall, upon conviction thereof, be punishable
by one or more of the following:
(1)
Imprisonment in the county jail or any place provided
by the municipality for the detention of prisoners for a term up to
but not exceeding 90 days.
(2)
A fine of not less than $100 nor more than $2,000.
(3)
A period of community service up to but not exceeding
90 days.
(4)
Any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
A.
It is the intent of the Township of Mantua to encourage
the citizens of the community to utilize the Township's facilities
for their enjoyment and recreation. However, it should be duly noted
that all Mantua Township programs and activities are given preference
in the use of facilities.
B.
All Mantua Township property is used conditionally
upon the good behavior of the user, and if rules and regulations are
broken, of property damages, future applications could be rejected.
The applicant will be responsible for the preservation of good order
and will be held liable for any damages to or loss of Township property.
Reparation for damages or loss of Township property must be made within
45 days.
[Amended 3-11-2003 by Ord. No. O-7-2003]
C.
All injuries shall be immediately reported to the
Mantua Township Police Department, at which time all necessary accident
forms must be completed. The Police Department will notify the Township
Administrator at the earliest opportunity thereafter.
[Amended 3-11-2003 by Ord. No. O-7-2003]
D.
Prohibited activities. No person in a park shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with, displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, paving or paving material, 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, other structures or equipment, facilities
or park property or appurtenances whatsoever, either real or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person over the age of five years
shall use the rest rooms and washrooms designated for the opposite
sex.
(3)
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream, bay or any
other body of water in or adjacent to any park, or any tributary,
stream, storm sewer or drain flowing into such waters, any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
(4)
Have brought in or dump, 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 left anywhere on the grounds
thereof but shall be placed in the proper receptacles where these
are provided. Where receptacles are not so 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.
(5)
Use any sound-amplifying device, such as a radio,
tape or compact disc player or "boom box," in such a manner as to
create a disturbance or be an annoyance to others using park facilities.
(6)
Do any temporary construction work, such as installing
temporary seating platforms or runways, or install any additional
lighting equipment without written approval of the Park Director.
[Amended 3-11-2003 by Ord. No. O-7-2003]
(7)
Damage, cut, carve, 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.
(8)
Take part in or abet the playing of any games involving
thrown or otherwise propelled objects such as balls, golf 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, lacrosse,
baseball, hockey and soccer is prohibited except on the fields and
courts or areas provided therefor. Rollerskating shall be confined
to those areas specifically designed for such pastime.
(9)
Utter loud, offensive, obscene, threatening or abusive
language or make offensive or insulting remarks to any other person
or persons.
(10)
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.
(11)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
A.
The parks shall be opened to the public as posted;
and it shall be unlawful for any person or persons, other than Township
personnel conducting Township business therein or recognized groups
who have first obtained permission from the Park Director, to occupy
or be present in said parks during any hours in which the park is
not open to the public.
[Amended 3-11-2003 by Ord. No. O-7-2003]
B.
Any section or part of the park may be declared closed
to the public by the Park Director at any time and for any interval
of time, either temporarily or at regular or stated intervals.
[Amended 3-11-2003 by Ord. No. O-7-2003]
C.
Rain-outs are called with the welfare of park facilities
in mind. Rain-outs are not negotiable. Pressure brought upon park
staff to reopen rained-out fields will not be tolerated. Fields will
be closed during thunder and lightning.
A.
Whenever any group, association or organization desires
to use said park facilities such as ball fields, asphalt playing surfaces,
the pavilion, the refreshment stand, etc., for a particular purpose,
such as picnics, parties or theatrical or entertainment performances
or sporting activities, a representative of said group, association
or organization shall first obtain a permit from the Park Director
for such purposes. The Park Director may adopt an application form
to be used for such situations.
[Amended 3-11-2003 by Ord. No. O-7-2003]
B.
The Park Director shall grant the application if it
appears that the group, association or organization will not interfere
with the general use of the remainder of the park by individual members
of the public and if said group, association or organization meets
all other conditions contained in the application. The application
may contain a requirement for an indemnity bond to protect the Township
from any liability of any kind or character and to protect Township
property from damage.
[Amended 3-11-2003 by Ord. No. O-7-2003]
C.
The Park Director, in the exercise of his or her discretion
and when special circumstances exist and the public interest and general
welfare of the community warrant the same, may change, modify, waive,
alter or amend the definition of "recognized group" as defined below
as well as the application procedure and the criteria for use.
[Amended 3-11-2003 by Ord. No. O-7-2003]
D.
Procedures for use by recognized groups.
(1)
A "recognized group" is defined as a nonprofit [Internal
Revenue Code 501 (C)(3)] recreational, cultural or social organization,
group or club.
(2)
Recognized groups shall be given priority when scheduling
any and all facilities within the parks.
(3)
Permission for the use of Mantua Township facilities
may be secured by completing the application form and submitting the
request to the Park Director at least 45 calendar days prior to the
anticipated date of the use, but not more than one year in advance.
[Amended 3-11-2003 by Ord. No. O-7-2003]
(4)
All requested materials, including master schedules,
insurance requirements, etc., will be submitted with the application
form, or permission to use the facility may be denied.
(5)
The Park Director will review the application for
approval, and the applicant will receive written notification from
the Park Director advising whether the facility use application has
been approved or denied.
[Amended 3-11-2003 by Ord. No. O-7-2003]
(6)
The application for facility use must be approved
before the use is permitted. Users may be required to produce a copy
of an approved application if requested by an official of the Township.
(7)
Striping and lining shall be performed by the recognized
group granted permission to use the facility requested. Only materials
approved by the Park Director may be used.
[Amended 3-11-2003 by Ord. No. O-7-2003]
E.
Public use and availability.
(1)
Except for unusual and unforeseen emergencies, parks
shall be open to the public everyday of the year during the designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information.
(2)
Mantua Township prohibits discrimination on the basis
of race, color, creed, sex, national origin, age, religion, veteran's
status, marital status or handicap. It is committed to a program of
affirmative action in compliance with Title IX.
(3)
Although preference in scheduling facilities is given
to recognized groups, 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.
(4)
Members of the general public must reserve any of
the facilities in the parks in the same manner as a recognized group.
The number of times the applicant has previously reserved a facility
will be considered by the Park Director when granting approval of
an application.
[Amended 3-11-2003 by Ord. No. O-7-2003]
(5)
The use of all athletic facilities within the parks
by the public which have not been previously scheduled and for which
no application has been submitted and approved shall be on a first-come-first-served
basis and limited as to time as follows:
(a)
Tennis courts: Play shall be limited to one
hour if there are others waiting to use the courts.
(b)
Street/roller hockey rink: Play shall be limited
to one hour if there are others waiting to use the rink.
(c)
Basketball courts: Play shall be limited to
30 minutes if there are others waiting to use the courts.
(d)
Softball field: Play shall be limited to 1 1/2
hour if there are others waiting to use the field.
(e)
Multipurpose fields (soccer, football, etc.):
Play shall be limited to one hour if there are others waiting to use
the field.
(6)
The use of all other facilities, not previously scheduled,
will be on a first-come-first-served basis.
(7)
Permits do not grant the use of facilities, equipment,
supplies, etc., not specifically stated in the permit. A permit is
not transferable; that is, the organization acquiring permission to
use a Mantua Township facility cannot transfer permission to use said
facility to another organization or group.
F.
In addition to all other provisions of Chapter 291 of the Code of the Township of Mantua, use of the pavilion in Chestnut Branch Park shall be subject to the following fees, payable in advance upon the approval of the application and prior to the issuance of the permit referenced in § 291-7A.
[Added 4-17-2017 by Ord.
No. O-4-2017]
No person in a park shall:
A.
Picnic or lunch in places other than those designated
for that purpose. Attendants shall have the authority to regulate
such activities in such areas when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
B.
Use any portion of the picnic areas or of 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 unless an approved
application from the Park Director for said use has been obtained.
[Amended 3-11-2003 by Ord. No. O-7-2003]
C.
Leave a picnic area before the fire is completely
extinguished and before all trash in the nature of boxes, papers,
cans, bottles, garbage and other refuse is placed in the disposal
receptacles where provided. If no such trash receptacles are available,
then refuse and trash shall be carried away from the park area by
the picnicker and properly disposed of elsewhere.
A.
No person shall 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. No
person shall swim, bathe or wade in any waters or waterways, lakes
or ponds except in areas so designated and posted by the Park Director
and only at such times as an official swimming guard shall be present
and on duty.
[Amended 3-11-2003 by Ord. No. O-7-2003]
B.
No person shall dress or undress on any beach or in
any vehicle, toilet room or other place except in such bathing houses
or structures as may be provided for that purpose.
C.
No person or persons shall bring upon any public park
or on the waters of any public park any boat or other aquatic device
without the written permission of the Park Director.
[Amended 3-11-2003 by Ord. No. O-7-2003]
It shall be unlawful for any person to operate
a motor vehicle, motorcycle, minibike, snowmobile, all-terrain vehicle
(ATV) or any similar motor-driven device in any area of any park not
designated for its use and in excess of a speed of 20 miles per hour.
It shall be unlawful for any person to build
fires or use cooking devices of any kind except in areas so designated.
[Amended 3-11-2003 by Ord. No. O-7-2003; 8-16-2021 by Ord. No. O-16-2021]
It shall be unlawful for any person to smoke,
vape or otherwise use an electronic smoking device, as defined herein,
in any area posted against smoking or vaping by the Mayor and Township
Committee. "Electronic smoking device" means any electronic product
that delivers nicotine or other substances to the person inhaling
from the device, including, but not limited to, electronic cigarettes
(e-cigarettes), electronic cigars (e-cigars), electronic pipes (e-pipes),
vape pens, or electronic hookahs (e-hookahs). "Electronic smoking
device" shall also include any component or accessory of such a device,
whether sold separately or not, including any filters and liquids
used in such devices. "Electronic smoking device" shall not include
any similar devices approved for sale by the U.S. Food and Drug Administration
for medicinal purposes as those devices are defined in the Federal
Food, Drug and Cosmetic Act.[1]
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
A.
It shall be unlawful for any person to bring or harbor
any animals in the park known as Chestnut Branch Park.
B.
It shall be unlawful for any person to ride a horse
in any areas of a park except those designated as bridle paths by
the Township Committee, and it shall be unlawful for any person to
ride any horse in the bridle paths and pathways in a careless and
reckless manner or to permit a horse to be untethered in a park.
[Amended 3-11-2003 by Ord. No. O-7-2003]
It shall be unlawful for any person to have
in his or her possession, custody or control any alcoholic beverage
(including beer) of any kind whatsoever, and all coolers, thermoses
and containers are subject to inspection. Any person deemed under
the influence of intoxicants or drugs will not be permitted on Township
property.
[Amended 3-11-2003 by Ord. No. O-7-2003]
No person in a park shall, unless approved by
the Park Director:
A.
Including any regularly licensed concessionaire, expose
or offer for sale any article or thing, nor station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing.
B.
Announce, advertise or call the public attention in
any way to any article or service for sale or hire.
C.
Paste, glue, tack or otherwise post any sign, placard,
advertisement or inscription whatsoever, nor erect or cause to be
erected any sign whatever on any public lands or highway or roads
adjacent to a park.
[Amended 3-11-2003 by Ord. No. O-7-2003]
It shall be unlawful for any person to skate,
sled or walk on any lake, stream or pond in any area in a park which
has not been approved and posted for such use by the Park Director.
It shall be unlawful for any person or persons
to bring into any public park at any time any firearms of any nature
or description or to bring into said parks or have in their possession
or use any fireworks of any nature or description. Firearms include
paintball guns which use a carbon dioxide cartridge or other propellant
to discharge a capsule containing any dye or other substance. Hunting
and trapping in any park is prohibited.
