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 No. O-12-2005] [Editor’s Note: This ordinance also repealed former § 226-2.1, Admission fees, added 3-25-2003 by Ord.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.
(c) 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.
(c) 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.
(p) Gamble.
(q) Sleep on park benches.
(r) 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.