502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 32-07

Introduced: November 1, 2007
Public Hearing: December 6, 2007
Status: Adopted

An ordinance amending Section 34-34 of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey


WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, the high local deer population has caused increased deer-vehicle collisions, damage to ornamental plantings and gardens, damage to agricultural crops and the destruction of natural forest ecosystems; and

WHEREAS, high deer populations can be a conduit for a variety of diseases including, but not limited to, parasitic worms, tick borne diseases and chronic wasting disease; and

WHEREAS, the State of New Jersey, Department of Environmental Protection, Division of Fish and Wildlife recognizes hunting as a proven effective and economical technique to control deer populations and encourages municipalities to open lands to sport or controlled hunting where possible; and

WHEREAS, the Township of Randolph desires to amend Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to provide an exception to the prohibition of hunting and the carrying of bows and arrows in any public park or recreation area within the Township when recommended by the Township Manager in consultation with the Chief of Police and the Director of Parks and Recreation and approved by the Governing Body of the Township.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

SECTION ONE. Section 34-34 of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby amended as lettered section (a) and shall read as follows:

Sec. 34-34. Acts prohibited, generally.

(a) No person in any public park or recreation area shall:

SECTION TWO. Section 34-34(a)(3) of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby amended to read as follows:

(3) Kill, injure or disturb any animal or bird, or damage any grass, tree, shrub or plant, or any building, sign, structure or equipment, upon any premises under the jurisdiction of the Township except as provided below in Section 34-34(b).

SECTION THREE. Section 34-34(a)(4) of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby amended to read as follows:

(4) Carry firearms or explosives, air rifles, bows and arrows, slingshots, or any weapons except as provided below in Section 34-34(b).

SECTION FOUR. Section 34-34 of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby amended to add the following:

(b) Exceptions.

(1) In consultation with the Township Manager, the Chief of Police, and the Director of Parks and Recreation, the Governing Body of the Township may adopt a Resolution permitting the carrying of bows and arrows in public parks or recreation areas. Said Resolution must provide the specific public park or recreation area affected, the days of the deer hunt during which the deer hunt is permitted, but excluding all weekends and State holidays. The Governing Body may limit the deer hunt in public parks and recreation areas to individuals with permits issued by the Morris County Park Police for adjacent properties where deer hunts are permitted under the jurisdiction of the Morris County Park Police.

SECTION FIVE. All Ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION SIX. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION SEVEN. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Obremski, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 32-07

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Sections 34-34 of Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on November 1, 2007 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on December 6, 2007 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Chapter 34, Parks and Recreation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to provide an exception to the prohibition of hunting and the carrying of bows and arrows in any public park or recreation area within the Township. Exceptions will be recommended by the Township Manager in consultation with the Chief of Police and the Director of Parks and Recreation and approved by the Governing Body of the Township when necessary to control high deer populations in the Township.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey