Township of Monroe

Chapter 226: PARKS AND PLAYGROUNDS

It is hereby declared to be for the best inter­est, health, safety and gen­eral wel­fare of the cit­i­zens of Mon­roe Town­ship that reg­u­la­tions be pro­mul­gated for the con­trol of pub­lic parks, skateparks and play­grounds in the Town­ship of Monroe.

§ 226–2. Hours. [Amended 5-21-1986 by Ord. No. O-15A-86; 8-19-1991 by Ord. No. 19–91; 3-25-2003 by Ord. No. O-5–2003; 8-9-2005 by Ord. No. O-12–2005; 3-28-2006 by Ord. No. O-08–2006]

The rules and reg­u­la­tions, dates and hours of oper­a­tion of all parks, play­grounds and the skate park, whether or not they are jointly owned with the Mon­roe Town­ship Board of Edu­ca­tion, shall come under the con­trol of the Parks and Recre­ation Depart­ment Head or his/her designee. The Parks and Recre­ation Depart­ment Head and/or his/her designee shall deter­mine the hours of oper­a­tion of the parks, play­grounds and skate park as the con­di­tions and cir­cum­stances permit.

§ 226–2.1. Park­ing pro­hib­ited. [Added 8-9-2005 by Ord. No. O-12–2005] [Editor’s Note: This ordi­nance also repealed for­mer § 226–2.1, Admis­sion fees, added 3-25-2003 by Ord. No. O-5–2003, as amended. ]

A.
The Direc­tor of Pub­lic Safety and/or his designee shall estab­lish park­ing in des­ig­nated areas and hand­i­capped park­ing areas.
B.
Any vio­la­tion of the des­ig­nated park­ing and hand­i­capped park­ing areas shall be pun­ish­able by a fine of $25 for the first offense, $50 for the sec­ond offense and $100 for the third offense. Each and every vio­la­tion shall be con­sid­ered a sep­a­rate offense.

§ 226–3. Per­mits for spe­cial events. [Amended 3-28-2006 by Ord. No. O-08–2006]

Per­mits for spe­cial events in parks or to use the park beyond the nor­mal hours shall be obtained by appli­ca­tion to the Parks and Recre­ation Depart­ment Head in accor­dance with the fol­low­ing procedure:

A. A per­son seek­ing issuance of a per­mit here­un­der may file an appli­ca­tion, at least 20 days before the date of intended use, with the Parks and Recre­ation Depart­ment Head or the Mayor’s designee, in accor­dance with the following:
(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 Parks and Recre­ation Depart­ment Head shall find rea­son­ably nec­es­sary to a fair deter­mi­na­tion as to whether a per­mit should be issued hereunder.
B. Stan­dards for issuance of a use per­mit by the Parks and Recre­ation Depart­ment Head include the fol­low­ing findings:
(1) The pro­posed activ­ity or use of the park will not unrea­son­ably inter­fere with or detract from the gen­eral pub­lic enjoy­ment of the park.
(2) The pro­posed activ­ity and use will not unrea­son­ably inter­fere with or detract from the pro­mo­tion of pub­lic health, wel­fare, safety and recreation.
(3) The pro­posed activ­ity or uses that are rea­son­ably antic­i­pated will not include vio­lence, crime or dis­or­derly conduct.
(4) The pro­posed activ­ity or uses will not entail extra­or­di­nary or bur­den­some expenses or police oper­a­tion by the Township.
(5) The facil­i­ties desired have not been reserved for other use at the date and hour requested in the application.
C. The Parks and Recre­ation Depart­ment Head shall not unduly with­hold issuance of any per­mit unless he/she finds and deter­mines that the pro­posed activ­ity or activ­i­ties for which a per­mit is sought:
(1) Would prob­a­bly result in, at the time pro­posed for sched­ul­ing, the depriv­ing of adja­cent prop­erty own­ers of the quiet use and enjoy­ment of their premises;
(2) Could not be con­ducted with­out jeop­ar­diz­ing the pub­lic health, safety and wel­fare of those for whom the per­mit is sought or other cit­i­zens of the Town­ship of Mon­roe or adja­cent thereto; or
(3) Would result in a pub­lic nui­sance or disturbance.
D.
In the event of a denial of a request for a per­mit, the Parks and Recre­ation Depart­ment Head shall apprise the appli­cant, in writ­ing, of his/her rea­sons for refus­ing a per­mit, and any aggrieved per­son shall have the right to appeal, in writ­ing, to the Town­ship Coun­cil within 10 days from the receipt of such denial. The Town­ship, in review­ing any such appeal, may make an inde­pen­dent deter­mi­na­tion of the facts but shall at all times apply those legal stan­dards set forth in Sub­sec­tion B hereof in the ren­der­ing of such determination.
E.
In the event that the denial of a request for a per­mit results in a hear­ing date beyond that requested in the appli­ca­tion for a per­mit, the appli­cant shall be per­mit­ted to amend his appli­ca­tion on appeal to request another date beyond the hear­ing set by the Town­ship Council.
F.
The per­mit holder shall be bound by all park and play­ground rules and reg­u­la­tions and all applic­a­ble ordi­nances fully as though the same were inserted in said permits.
G.
The Parks and Recre­ation Depart­ment Head shall have the author­ity to revoke a per­mit upon find­ing a vio­la­tion of any rule or ordi­nance or upon good cause shown. [Editor’s Note: For­mer § 226–3.1, Reg­is­tra­tion for skate park, added 3-25-2003 by Ord. No. O-5–2003, which imme­di­ately fol­lowed this sec­tion, was repealed 3-28-2006 by Ord. No. O-08–2006.]

§ 226–4. Require­ments for use; pro­hib­ited acts. [Amended 5-21-1986 by Ord. No. O-15A-86; 12-20-1993 by Ord. No. O-42–93; 3-3-1997 by Ord. No. O-3–97; 3-28-2006 by Ord. No. O-08–2006]

A. Require­ments con­cern­ing use of grounds and facil­i­ties. Each per­son, firm or cor­po­ra­tion using the pub­lic parks and play­grounds shall:
(1) Clean up all debris, extin­guish all fires when such fires are per­mit­ted and leave the premises in good order and the facil­i­ties in a neat and san­i­tary con­di­tion. The Parks and Recre­ation Depart­ment Head shall inspect said grounds or facil­i­ties uti­lized by an approved group and make a deter­mi­na­tion that the facil­i­ties were left in a neat and sat­is­fac­tory manner.
(2) Com­ply with all applic­a­ble pro­vi­sions of the state motor vehi­cle traf­fic laws in regard to equip­ment and oper­a­tion of vehi­cles, together with such reg­u­la­tions as are con­tained in this chap­ter and other ordinances.
(3) Obtain the writ­ten per­mis­sion of the Parks and Recre­ation Depart­ment Head before bring­ing any buses or char­ter groups into the park premises.
B. Pro­hib­ited acts. It shall be unlaw­ful for any per­son, firm or cor­po­ra­tion using such parks and play­grounds to either per­form or per­mit to be per­formed any of the fol­low­ing acts:
(1) Prop­erty. No one shall:
(a) Will­fully mark, deface, injure, dis­fig­ure, tam­per with, dis­place or remove any build­ing, 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 or play­ground prop­erty or appur­te­nances what­so­ever, either real or personal.
(b) 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 waters any sub­stance, mat­ter or thing, liq­uid or solid, which will or may result in the pol­lu­tion of said waters.
© Bring in or 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 waters in or con­tigu­ous to any park or play­ground or shall be 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 or play­ground by the per­son respon­si­ble for its pres­ence and prop­erly dis­posed of elsewhere.
(d) 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 any­one attach any rope, wire or other con­trivance to 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 or use­ful­ness of any area.
(e) Oper­ate upon any munic­i­pal park or play­ground any motor­cy­cle, motor­bike, snow­mo­bile or other all-terrain-type of vehi­cle, mini bikes, go-carts, trail bikes, sport bikes, trikes or any sim­i­lar type of sport vehi­cle. Not included, but specif­i­cally excluded from this sec­tion and the pro­hi­bi­tions set forth herein, are vehi­cles used pri­mar­ily for hand­i­cap pur­poses and power equip­ment such as lawn mow­ers and trac­tors used for the main­te­nance of parks and play­grounds by autho­rized persons.
(2) Domes­tic animals.
(a) No ani­mals shall be per­mit­ted on premises except horses in des­ig­nated areas.
(b) As to wild ani­mals, no one shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw stones or any mis­siles at or give or offer any poi­so­nous foods to any ani­mal, rep­tile, bird or the eggs of the same, except that the fore­go­ing shall not pro­hibit the killing of any deadly animal,
(3) Gen­eral con­duct. No one shall:
(a) Bring in or upon, have brought in or upon or cause to be brought in or upon the park or the grounds thereof any alco­holic bev­er­age or ille­gal drugs, nor sell, pur­chase, con­sume or drink any alco­holic bev­er­age or ille­gal drugs at any time in the park. Any per­son enter­ing the park or found within the park to be under the influ­ence of alco­holic liquor or ille­gal drugs shall be imme­di­ately removed.
(b) Bring in or cause to be brought in or have in his or her pos­ses­sion or set off or oth­er­wise cause to be exploded, dis­charged or burned any fire­cracker, tor­pedo, rocket or other fire­works or explo­sive or flam­ma­ble mate­r­ial or dis­charge them or throw them into any area of the park upon the land adja­cent thereto. Notwith­stand­ing the fore­go­ing, the park grounds or facil­i­ties thereon may be used for a sched­uled fire­works pro­gram under the permit.
© Build or attempt to build a fire, except in a fire­place des­ig­nated and con­structed for such pur­poses and under such reg­u­la­tions as may be adopted from time to time by the Town­ship Coun­cil or Divi­sion of Parks and Recre­ation. No per­son shall drop, throw or oth­er­wise scat­ter lighted matches, burn­ing cig­ars or cig­a­rettes, tobacco or any other flam­ma­ble mate­r­ial within the park.
(d) Enter upon ice, except such ice des­ig­nated for skat­ing pur­poses, pro­vided that a safety sig­nal is so dis­played on said ice or dis­played on an adja­cent area.
(e) Engage in any dis­or­derly con­duct or behav­ior tend­ing to cause a breach of the pub­lic peace. No per­son shall dis­turb or oth­er­wise inter­fere with any other per­son or group of per­sons occu­py­ing any area or engag­ing in any orga­nized activity.
(f) Sell or offer for sale any object or mer­chan­dise or any other thing within the parks or play­grounds or place any other equip­ment or appa­ra­tus within the parks or play­grounds, except by per­mit or as may be per­mit­ted by the rules and reg­u­la­tions, in accor­dance with the require­ments set forth in this Code.
(g) Remove or open per­ma­nent or tem­po­rary bar­ri­ers, signs, direc­tion­als, gates or fences.
(h) Pic­nic or lunch in a place other than those des­ig­nated for that purpose.
(i) Endan­ger the safety of any per­son by any con­duct or act.
(j) Pre­vent any per­son from using any park or play­ground or any of its facil­i­ties or inter­fere with such use in com­pli­ance with this chap­ter and the rules applic­a­ble to such use.
(k) Fail to obey, nor shall any per­son inter­fere with, an offi­cer in the proper per­for­mance of his duties.
(l) Leave any motor vehi­cle overnight.
(m) Leave bicy­cles, except in des­ig­nated areas.
(n) Ride bicy­cles or other vehi­cles with­out regard to safety of others.
(o) Ride a horse, except in areas des­ig­nated for such use.
Gam­ble.
(q) Sleep on park benches.
® Camp, except with writ­ten per­mis­sion of the Town­ship Mayor.
(s) Solicit alms or con­tri­bu­tions, except with writ­ten per­mis­sion of the Mayor.
(t) Carry firearms or other weapons.
(u) Bring any con­ces­sion trucks or oth­er­wise sell any food or bev­er­ages in park areas or 500 feet from park entrances with­out the prior writ­ten per­mis­sion of the Mayor. Bona fide senior cit­i­zen groups shall have first pri­or­ity in oper­a­tion of any vend­ing machines or concessions,
(v) Attempt to use any play­ing field or other area which has been reserved for use by some other per­son, firm, cor­po­ra­tion or group,
(w) Attempt to gain entry to a spe­cial event with­out pay­ing the required admis­sion fee.

§ 226–4.1. Rules and reg­u­la­tions for skatepark. [Added 3-25-2003 by Ord. No. O-5–2003; amended 12-9-2003 by Ord. No. O-50–2003; 8-9-2005 by Ord. No. O-12–2005; 3-28-2006 by Ord. No. O-08–2006]

A. In addi­tion to the gen­eral rules and reg­u­la­tions as set forth in § 226–4, all indi­vid­u­als who uti­lize the skate park are required to adhere to the fol­low­ing rules and reg­u­la­tions, which shall be posted within the skate park: 
(1) All indi­vid­u­als who uti­lize the skate park shall wear all safety equip­ment as required by the Township’s lia­bil­ity insur­ance car­rier. Please skate and bike respon­si­bly, exer­cis­ing com­mon sense and cour­tesy to other users. Note: Only one per­son per skate­board and BMX bikes.
(2) This facil­ity is for skate­boards, in-line skates and BMX bikes. Scoot­ers and motor­ized vehi­cles are not permitted.
(3) (Reserved)
(4) No activ­ity is per­mit­ted when the skat­ing sur­face is wet, snow cov­ered or icy. The Parks and Recre­ation Depart­ment Head or his/her designee will deter­mine unsafe con­di­tions and may close the park as cir­cum­stances warrant.
(5) The use of drugs, alco­hol, pro­fan­ity, abu­sive language/behavior and/or van­dal­ism is strictly pro­hib­ited and shall result in imme­di­ate and per­ma­nent expul­sion from this facil­ity. All rules and reg­u­la­tions cited in Town­ship ordi­nances will apply.
(6) For safety rea­sons, uti­liza­tion of the skate park will be lim­ited to the estab­lished max­i­mum capac­ity of par­tic­i­pants. Spec­ta­tors must stay clear of skaters and equipment.
(7) Skate­board­ing is pro­hib­ited in the park­ing lot adja­cent to the skate park.
(8) Chil­dren under the age of 10 must be accom­pa­nied by an adult. Chil­dren under the age of six are not per­mit­ted at any time.
(9) No food, drink, chew­ing gum, plas­tic and/or glass con­tain­ers or tobacco prod­ucts may be brought into the skate park.
(10) No graf­fiti, tag­ging or stick­ers on or about the facil­ity. Horse­play, fight­ing and dis­rup­tive behav­ior will not be tolerated.
(11) Gear and cloth­ing not in use must be stored out­side of the skate park. Shirts must be worn at all times. We are not respon­si­ble for lost or stolen items. Lock all per­sonal items in your car or leave them at home.
B. (Reserved)
C. Autho­rized use of the skate park shall only be per­mit­ted within the des­ig­nated Town­ship skate park and not on any other Township-owned prop­er­ties. Any indi­vid­ual found to be in vio­la­tion of this reg­u­la­tion shall be sub­ject to the penalty pro­vi­sions set forth in § 226–10.
D. The Town­ship of Mon­roe through the Admin­is­tra­tion and/or his/her designee reserves the right to imme­di­ately take all pre­cau­tions that are nec­es­sary to pro­tect the par­tic­i­pants and spec­ta­tors who uti­lize the skate park facility.

§ 226–5. Enforce­ment. [Amended 5-21-1986 by Ord. No. O-15A-86; 8-2-1993 by Ord. No. O-24–93; 3-28-2006 by Ord. No. O-08–2006]

A. The Depart­ment of Pub­lic Safety shall, in con­nec­tion with its duties, enforce the pro­vi­sions of this arti­cle, together with all rules and reg­u­la­tions adopted by the Divi­sion of Parks and Recre­ation and, in fur­ther­ance of those duties, may des­ig­nate such enforce­ment to the Divi­sion of Parks and Recre­ation or such other per­sons as des­ig­nated by the Depart­ment of Pub­lic Safety.
B. The Depart­ment of Pub­lic Safety or those des­ig­nated, includ­ing the mem­bers of the Depart­ment of Pub­lic Safety, shall have the author­ity to eject from the parks and play­grounds area any per­son or per­sons act­ing in vio­la­tion of this article.
C. The Depart­ment of Pub­lic Safety or those des­ig­nated shall have the author­ity to seize, con­fis­cate, hold and/or retain, sub­ject to the con­straints of due process of law, any prop­erty, thing or device used in vio­la­tion of this arti­cle in any pub­lic park and/or playground.
D. The Divi­sion of Parks and Recre­ation shall have the author­ity to adopt rules and reg­u­la­tions by major­ity vote at any duly con­sti­tuted meet­ing of the Divi­sion, which rules and reg­u­la­tions must be in writ­ing and shall become effec­tive seven days after being filed with the Town­ship Clerk and Chief of Police and posted in a con­spic­u­ous place upon the prop­erty affected (if applic­a­ble) by the said rule or regulation.

§ 226–6. Vio­la­tions and penal­ties. [Amended 5-21-1986 by Ord. No. O-15A-86; 8-2-1993 by Ord. No. O-24–93; 3-3-1997 by Ord. No. O-3–97; 3-28-2006 by Ord. No. O-08–2006]

Any per­son or per­sons found to be in vio­la­tion of the pro­vi­sions of this arti­cle, includ­ing all rules and reg­u­la­tions adopted by the Divi­sion of Parks and Recre­ation, shall, upon con­vic­tion, be sub­ject to a fine not to exceed $1,000 or impris­on­ment for a term not to exceed 90 days and/or com­mu­nity ser­vice not to exceed 30 days.


ARTICLE II Demon­stra­tions [Adopted 11-28-2000 by Ord. No. O-45–2000] [Editor’s Note: This ordi­nance was orig­i­nally adopted as Ch. 227, but was redes­ig­nated as Ch. 226, Art. II, to main­tain the orga­ni­za­tion of the Code. ] 

§ 226–7. Purpose.

It is hereby declared to be for the best inter­est, health and gen­eral wel­fare of the cit­i­zens of Mon­roe Town­ship that reg­u­la­tions be pro­mul­gated regard­ing pub­lic demon­stra­tions in pub­lic parks and play­grounds within the Town­ship of Monroe.

§ 226–8. Unlaw­ful demonstrations.

It shall be unlaw­ful for any group, per­son, per­sons, orga­ni­za­tion, entity, cor­po­ra­tion or asso­ci­a­tion to demon­strate and/or protest in any pub­lic park or play­ground within the Town­ship of Mon­roe unless a per­mit is first obtained under § 227–9 of this article.

§ 226–9. Per­mits for pub­lic demonstrations.

A per­mit for pub­lic demon­stra­tion pur­suant to this arti­cle shall be obtained by appli­ca­tion to the Direc­tor of Pub­lic Safety and/or his/her designee within 10 days of said event in accor­dance with the fol­low­ing procedure:

A. A group, per­son, per­sons, orga­ni­za­tion, entity, cor­po­ra­tion or asso­ci­a­tion seek­ing the issuance of a per­mit here­un­der must sub­mit an appli­ca­tion to the Direc­tor of Pub­lic Safety and/or his/her designee. The appli­ca­tion will con­tain the fol­low­ing information:
(1)
The name and address of the group, per­son, per­sons, orga­ni­za­tion, entity, cor­po­ra­tion or asso­ci­a­tion spon­sor­ing the activ­ity, if any.
(2)
The name, address and tele­phone num­ber of the group, per­son, per­sons, orga­ni­za­tion, entity, cor­po­ra­tion or asso­ci­a­tion spon­sor­ing the activ­ity, if any.
(3)
The date and hours for which the per­mit is issued.
(4)
The park or por­tion thereof for which the per­mit is issued.
(5)
Any and all other infor­ma­tion nec­es­sary to assure com­pli­ance with Chap­ter 226, Arti­cle I, and all other applic­a­ble ordi­nances of the Code of the Town­ship of Monroe.

§ 226–10. Vio­la­tions and penal­ties. [Amended 3-25-2003 by Ord. No. O-5–2003]

Any group, per­son, per­sons, orga­ni­za­tion, entity, cor­po­ra­tion or asso­ci­a­tion in vio­la­tion of this arti­cle shall be sub­ject to a fine of up to $1,000 and/or up to six months in jail and/or up to 30 days’ com­mu­nity service.

§ 226–11. Enforce­ment. [Amended 3-25-2003 by Ord. No. O-5–2003]

Any and all pro­vi­sions of this arti­cle shall be enforced by the Mon­roe Town­ship Police Depart­ment or any other indi­vid­ual des­ig­nated by the Direc­tor of Pub­lic Safety or Direc­tor of Com­mu­nity Affairs and/or his/her designee.