§ 213-4. Rules and regulations.  


Latest version.
  • No person in a park shall:
    A. 
    Traffic.
    (1) 
    Cause or permit his vehicle to stand outside of a designated parking space, except for a reasonable time to pick up or discharge passengers or equipment. No motor vehicle shall be parked in a park area when the park is closed.
    (2) 
    Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designed as temporary areas by the Mayor and Borough Council.
    (3) 
    Park a vehicle in other than an established or designated parking area. Parking shall be in accordance with posted directions and with the instruction of any attendant who may be present.
    (4) 
    Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
    (5) 
    No person shall ride or drive any type of motorized vehicle within or upon a walkway, sidewalk, pathway or any part of a municipal park not designed or customarily used for such purpose.
    (6) 
    Vehicles abandoned for more than 24 hours in any parking area shall be towed and stored, and the owners shall be responsible for all charges for towing and storage in addition to any fines levied for violation of this chapter.
    (7) 
    Vehicles may be parked in municipal lots, provided that a permit has been obtained in accordance with Chapter 7, Vehicles and Traffic, of the Code of the Borough.
    B. 
    Buildings and other property.
    (1) 
    Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or 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, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
    (2) 
    Rest rooms and washrooms. 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) 
    Removal of natural resources. Dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
    (4) 
    Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such land, except on special written permit issued hereunder.
    C. 
    Trees, shrubbery and lawns.
    (1) 
    Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach any rope, wire or other contrivance in any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty of usefulness of any area.
    (2) 
    Climbing trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property not designated or customarily used for such purposes.
    (3) 
    Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.
    D. 
    Wild animals and birds.
    (1) 
    (Reserved)
    Editor’s Note: Former Subsection D(1), Hunting, was repealed 5-7-2012 by Ord. No. O-07-12.
    (2) 
    Feeding of any animal is prohibited.
    E. 
    Pollution; refuse and trash.
    (1) 
    Pollution of waters. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such water any substances, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
    (2) 
    Refuse and trash. Have brought in or shall dump, 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 water 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.
    F. 
    Bicycle traffic.
    (1) 
    Confined to roads. Ride a bicycle on other than a paved vehicular road or path designated for the purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrians' use.
    (2) 
    Operation. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
    (3) 
    Rider prohibited. Ride any other person on a bicycle.
    (4) 
    Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
    (5) 
    Immobile. Leave a bicycle lying on the ground or posing or set against trees or in any place or position where other persons may trip over to be injured by them.
    (6) 
    Night operation. Ride a bicycle on any road between 30 minutes after sunset or before 30 minutes before sunrise without an attached headlight plainly visible at least 200 feet in front of and without a red taillight or red reflector plainly visible from at least 20 feet from the rear of such bicycle.
    G. 
    Prohibited acts.
    (1) 
    Alcoholic beverages. Possess or consume any alcoholic beverage on any park property except by special permit provided by the Mayor and Council. In addition, applicants for a permit shall comply with State of New Jersey Alcoholic Beverage Control Commission rules and regulations, secure a State of New Jersey Alcoholic Beverage Control Permit and pay any fees required.
    (2) 
    (Reserved)
    Editor's Note: Former Subsection G(2), regarding drunkenness, was repealed 3-22-2010 by Ord. No. O-03-10.
    (3) 
    Fireworks and explosives. Have brought or have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives or inflammable material or discharge them or throw them into any such area from land highways adjacent thereto. This prohibition includes any substance, compound and mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints.
    (4) 
    Domestic animals. Have been responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto and in such other areas as may be clearly marked by signs bearing the words "Domestic Animals Permitted in this Area." Except within a confined area designated and clearly marked with signs by the Mayor and Council as a "dog park," all dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than eight feet in length. Dogs may go unleashed while in the dog park, however, all persons accompanying a dog or puppy must use a leash when taking the dog or puppy to and from the dog park. Except as hereinabove specifically noted, nothing herein shall be construed as permitting the running of dogs at large.
    [Amended 10-21-2019 by Ord. No. O-16-19]
    (5) 
    Reservation of facilities. Occupy any seat or bench or enter into or loiter or remain in any pavilion or other structure or section thereof which may be reserved and designated by the Mayor and Council for the use of the opposite sex. Exception is made for children under five years of age.
    (6) 
    Dress. Appear in any place in other than proper clothing. With the exception of a restricted bathing area, "property clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body. No person shall dress or undress on any Borough property or in any vehicle parked at the facility.
    (7) 
    Gambling. No form of gambling, as defined in the New Jersey Code of Criminal Justice, specifically including the so-called "friendly card game," shall be permitted on any park property.
    (8) 
    Amplifying systems and musical instruments. No sound-amplifying system nor any musical instrument, radio, phonograph or similar instruments shall be utilized after 8:00 p.m., except by permit of the Mayor and Council.
    (9) 
    Interference with personnel. No person shall interfere with any employees of the Borough of Wharton to prevent said persons from performing their work or other duties.
    (10) 
    Blocking access routes to park property prohibited. No person shall block or impede by any means normal vehicular or pedestrian ingress or egress to or from any park property.
    (11) 
    Glass containers. No person is permitted to bring any glass containers into a park or recreation area. It is the purpose and intent of this section to prohibit the bringing of glass containers into a park which might be broken and might cause potential harm to people. Eyeglasses and glass containers containing prescribed medicines are exempt from the provisions of this section.
    H. 
    Picnicking. No person shall:
    (1) 
    Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate 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.
    (2) 
    Violate the regulation that use of individual fireplaces together with tables and benches follows the generally accepted rule of "first come, first served."
    (3) 
    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 shall any person use areas and facilities for an unreasonable time if the facilities are crowded.
    (4) 
    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.
    I. 
    Swimming. No person shall:
    (1) 
    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 hereinafter adopted. Nor shall any person frequent any waters or places customarily designed for the purpose of swimming or bathing or congregate thereat when such activities are prohibited by the Mayor and Council upon a finding that such use of the water would be dangerous or otherwise inadvisable.
    (2) 
    Frequent any waters or places designed for the purposes of swimming or bathing or congregate thereat except between such hours of the day as shall be designated by the Mayor and Council for such purposes for each individual site.
    (3) 
    Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view in such tent, shelter or structure from at least two sides, nor shall any guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
    J. 
    Firearms. No person shall:
    (1) 
    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. Shooting into park areas from beyond park boundaries is forbidden.
    K. 
    Fish. No person shall:
    (1) 
    Fish in any waters except in waters designated by the Mayor and Council for that use and under such regulations and restrictions as have or may be prescribed by the Mayor and Council.
    (2) 
    Fish in any area where bathing is permitted.
    L. 
    Boating. No person shall:
    (1) 
    Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any water, except at places designated for boating by the Mayor and Council. Such activity shall be in accordance with applicable regulations as are now or hereinafter adopted.
    (2) 
    Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
    (3) 
    Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on, remain on or in any boat during the closed hours of the park.
    M. 
    Ice skating. No person shall:
    (1) 
    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.
    N. 
    Vending.
    (1) 
    Exposing or offering for sale any article or thing, stationing or placing any stand, cart or vehicle for the transportation, sale or display of any such article or thing shall be prohibited. Exception shall be made for any regularly licensed concessionaires acting by and under the authority and regulation of the Mayor and Council.
    (2) 
    Solicitation of alms or contributions for any purpose, whether public or private, shall be prohibited.
    O. 
    Fires. No person shall:
    (1) 
    Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Mayor and Council. 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.