Ordinance No. 31-21

Introduced: October 21, 2021
Public Hearing: November 18, 2021
Status: Adopted

An Ordinance Amending Sections 34-32, 34-33, 34-34, 34-35, 34-36, 34-37 and 34-39 of Chapter 34, Parks and Recreation Areas, 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 Parks Advisory Committee, the Recreation Advisory Committee and Township of Randolph (“Township”) staff have recommended several revisions to the rules and regulations applicable to parks and recreation areas in the Township; and

WHEREAS, the Township of Randolph (“Township”) desires to amend Sections 34-32, 34-33, 34-34, 34-35, 34-36, 34-37, and 34-39 of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph consistent with the revisions recommended by the Parks Advisory Committee, the Recreation Advisory Committee and Township staff.

NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of Randolph, County of Morris, State of New Jersey, as follows:

SECTION ONE. Section 34-32, Applicability, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-32. Applicability.

All rules and regulations contained in this article shall apply to all parks and recreation areas and any other lands owned, leased or otherwise controlled by the township.

SECTION TWO. Section 34-33, Implementation of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-33. Implementation.

The township department of parks, recreation and community services shall have the power to place signs within public parks and recreation areas implementing the rules and regulations contained in this article, and shall be directly responsible to the township manager for the supervision and control of such areas. The township manager or his/her designee shall be empowered to close any parks and recreation areas whenever the safety or health of the persons using those areas may be endangered.

SECTION THREE. Section 34-34, Acts Prohibited, Generally, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-34. - Acts prohibited, generally.

1. No person in any public park or recreation area shall:
   1. Ride or drive except on established roads and ways, and then at a speed not in excess of ten miles per hour;
   2. Ride, hitch or walk horses except with written consent of the department of parks, recreation and community services;
   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 subsection 34-34(b);
   4. Carry firearms or explosives, air rifles, bows and arrows, slingshots, or any weapons except as provided below in subsection 34-34(b).;
   5. Scatter litter or any form of waste material;
   6. Use any loud, violent, obscene or profane language, or play any loud, violent, obscene or profane music, or act in a disorderly manner, or commit any nuisance;
   7. Have glass of any type without written permission from the department of parks, recreation and community services;
   8. Disturb or interfere with any improvements made or being made in or about the parks or drives;
   9. Enter upon any portions of the grounds in disregard of signs or posted notices forbidding such entry;
   10. Give entertainments of any kind, transact business of any kind, hold meetings or assemblies, or establish or occupy a camp upon the grounds except by written consent of the department of parks, recreation and community services;
   11. Occupy any grounds for picnic parties, assemblages, business or entertainment except those approved by the department of parks, recreation and community services;
   12. Allow any dog to run at large in the parks. Any dog found in any such park shall be deemed to be running at large unless the owner of the dog carries, or leads the dog by a strap or rope not exceeding six feet in length, or unless such owner keeps such dog in an automobile or vehicle, or causes such dog to be attached to such automobile or other vehicle by a chain, rope or strap not exceeding six feet in length. It is hereby made the duty of any person in the employ of the department of parks, recreation and community services to notify the owner, if present, of this ordinance, or if the owner is not present or fails to comply following due notice, to notify the Randolph Township Police and/or animal control office to handle animal in accordance with chapter 8;
   13. Sell, vend or give away, in or upon any of the parks or drives, any articles of merchandise whatever without the express permission of the department of parks, recreation and community services;
   14. Loiter during any part of the period between one-half hour after sunset and one-half hour before sunrise for non-lighted park areas, or loiter longer than one-half hour after the scheduled activity on a lighted field has concluded, or after lighting curfew for non-scheduled lighted courts, whichever occurs first, or permit a vehicle to remain standing for a longer period than five minutes except when its occupants are attending a gathering or function held under a permit;
   15. Coast with hand sled, bobsled, skis, carts or other vehicles on wheels or runners except in places designated;
   16. Perform any team or individual warm-ups, practices, instruction or game play in an area that is not designated for that specific individual or team sports activity without a permit from the Department of Parks, Recreation and Community Services;
   17. Throw, cast, catch, kick, or strike any golf ball, or operate any model airplane or other remote control vehicle, at any time within a Township park. Throw, cast, kick, fly or strike any baseball, football, basketball, or other object that is not a part of a scheduled activity on an athletic field or court while a scheduled activity is taking place upon said field or court;
   18. Use the park drives or parkways for the purpose of demonstrating any vehicle, or for the purpose of instructing another to drive or operate any vehicle, or for learning to drive or operate any vehicle;
   19. Have alcoholic beverages in one’s possession without the written consent of the department of parks, recreation and community services;
   20. Throw or place any foreign or waste substance in any lake, river or lagoon in or bordering upon any of the parks, or swim or bathe therein except in such places and at such times that the department of parks, recreation and community services may direct;
   21. Throw, cast, lay or drop, discharge into, or allow to remain in the waters of the parks or of any tributary brook or stream, or storm sewer or drain flowing into such waters, any substance, matter or things which may or shall result in the pollution of such waters;
   22. Fail to comply with regulations posted or signs adjacent to drives and entranceways;
   23. Park any type of wheeled vehicle in a parking area designated for the use of handicapped persons unless such vehicle is identified with a special state license plate, placard or tag issued to handicapped persons;
   24. Ride or drive any off-road vehicle or all-terrain vehicle (ATV), minibike or dirt bike with the exceptions as outlined in section 34-83(c) for authorized maintenance and public safety officials;
   25. Violate any of the rules and regulations associated with participation in any recreation program or membership activity under penalty of revocation of such membership or loss of participation privileges for up to one year, or in situations under the purview of the Sports Program Ethics Committee (SPEC) as recommended to the department of parks, recreation and community services and approved by its authorized representative;
   26. Utilize any recreation or park area designated for use by permit only without having first been issued the requested permit;
   27. Eat, smoke or allow dogs on synthetic turf fields; or
   28. Operate any camps, clinics, leagues, tournaments, or provide any individual or group instruction without written permission from the department of parks, recreation and community services, proof of insurance, and the payment of any applicable fees for said activity.
   29. Smoke, vape, and/or ingest any legal cannabis, tobacco or similar products within any parks, trails or other Township public property.
2. Exceptions.
   1. In consultation with the township manager, the chief of police, and the director of parks, recreation and community services, the governing body of the township may adopt a resolution permitting the carrying of bows and arrows in public parks or recreation areas for hunters who have received a valid township open space or special hunt permit. 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 Sundays and state holidays. The governing body may limit the deer hunt in selected public parks and recreation areas to individuals with permits issued by the Morris County Park Commission for adjacent properties where deer hunts are permitted under the jurisdiction of the Morris County Park Commission.

SECTION FOUR. Section 34-35, Randolph Park, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-35. - Randolph Park.

In addition to the rules and regulations contained in section 34-34, the following rules and regulations shall apply to the operation of Randolph Park:

1. Ball playing shall be permitted only in designated areas.
2. All blankets, towels, beach chairs and other items of personal property shall be placed behind the lifeguard chairs.
3. Parents shall assume full responsibility for the supervision of both their “swimmer” and “nonswimmer” children.
4. No unauthorized swimmers shall enter the swim team lanes.
5. No vehicles of any type shall be permitted beyond the cones, traffic barricades, chains or other objects placed by township staff to indicate designated parking.
6. No motorboats of any type shall be operated on or under the waters of the lake.
7. No person shall enter upon the beach without a valid membership card, badge or permit.
8. No person shall enter upon the beach except during open swimming times as posted or otherwise granted by permit.
9. No person shall dress or undress in any vehicle parked on any portion of the Randolph Park property.
10. No person shall fish from the shore or from a boat, or operate any type of watercraft without a township issued fishing or boating permit.
11. No person shall scuba dive on or under the lake unless such person presents satisfactory evidence to the department of parks, recreation and community services that such person is a certified scuba diver, and also receives written approval from the department authorizing such person to scuba dive.
12. Membership cards and badges shall not be transferable, and if any member shall transfer such card or badge such member shall forfeit all membership privileges for not less than 30 days.
13. Lifeguard orders and directions shall be obeyed, and if any member shall disobey any reasonable order or direction of a lifeguard such member shall forfeit all membership privileges for not less than 30 days.
14. The township manager, or his or her designee, shall be empowered to close Randolph Park whenever the safety or health of the persons using the park is or may be endangered.

SECTION FIVE. Section 34-36, Brundage Park, Heistein Park and Freedom Park, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-36. - Brundage Park, Heistein Park, Freedom Park and Veterans Community Park.

The following regulations shall apply to Brundage Park, Heistein Park, Freedom Park and Veterans Community Park.

1. Picnic pavilions.
   1. Any group desiring to reserve use of a picnic pavilion must make a request to the department of parks, recreation and community services and remit in advance the applicable fee set forth in Appendix A Fee Schedule. If approved, the department of parks, recreation and community services will reserve a facility for use by the group. The use of a picnic pavilion without obtaining the approval of the department of parks, recreation and community services is prohibited. Temporary or incidental use of the pavilions is permitted provided such use does not interfere with a group that has a reservation for the pavilion’s use.
   2. Reservations may be made beginning with the first business day of the year for all reservations to take place within that calendar year. No reservations will be taken for the following calendar year.
   3. Only one reservation may be made per group every four weeks.
   4. Weekday use of picnic pavilions is limited to groups of ten to 40 people and to a maximum of four hours. Groups obtaining reservations may only utilize one-half of the reserved picnic pavilion as designated by the department of parks, recreation and community services.
   5. A reservation of a picnic pavilion does not include usage of any other facility. Requests for the use of the fireplace and electrical outlets in the picnic pavilion must also be made when picnic pavilion is reserved.
   6. Parking for picnics will be limited to the designated areas.
   7. All picnics are scheduled to end at sundown. Permission must be received from the department of parks, recreation and community services to extend this time.
2. Permit. Groups of 10 or more must obtain a permit from the department of parks, recreation and community services to use any recreation or park area designated and intended for scheduled, team use, including all natural grass and synthetic turf fields. Areas intended for drop-in public use, including tennis courts, basketball courts, and the skate park do not require a permit, although a membership card to use those facilities may be required.
3. Lighted fields. Lights on all natural grass and synthetic turf fields are for scheduled use for township sponsored activities, or as permitted by the department of parks, recreation and community services. Ballfield lights may remain on until 10:30 pm. New innings, quarters, halves or other game divisions may not be started after 10:00 pm. The department of parks, recreation and community services has the discretion to extend the lighting curfew until 11:00 pm for special events, tournaments or other permitted activities. Soccer field lights. Use of the lighted soccer field in Heistein Park is restricted to four nights per week, and lights will be turned off no later than 10:00 p.m. Lighted courts: Lights on tennis and basketball courts will be provided on a seasonal basis from April 15-November 15 until 10:15 pm daily. Lighted paths: The paved walking path at Veterans Community Park will be lighted daily until 9:00 pm.
4. Tennis courts. Section 34-37 shall apply to the use of tennis courts.
5. Cooking and beverage dispensing. Cooking and beverage dispensing must be done in designated areas only.
6. Water games. Water balloons, sprinklers, pools, water slides, and amusement rides are prohibited except by permit.

Brundage Skate Park. In addition to the rules and regulations contained in section 34-34 and within this section, the following rules and regulations shall apply to the operation of Brundage Skate Park.

1. This facility is for skateboard and in-line skaters only. Bicycles and motorized vehicles are not permitted at any time.
2. All users must skate responsibly.
3. All users must wear safety equipment; including helmet, elbow and kneepads. All equipment is to be worn per manufacturer’s specifications (e.g., helmets strapped).
4. The hours of operation are from 8:00 a.m. to sunset.
5. All participants must have the membership card on their person at all times. Membership cards are nontransferable.
6. Admission to the skate park is limited to those persons who have paid the fee for annual membership established by ordinance.
7. No use will be permitted when equipment is wet and/or icy.
8. Users will refrain from bringing any loose items onto the skate park paved area, including backpacks, food, beverages, etc.
9. For safety reasons, admittance to the skate park will be limited to established maximum capacities.
10. Skateboarding within Brundage Park is prohibited outside of the enclosed skate park.
11. Park monitors or other township staff may request proof of membership at any time. Monitors or other staff are not responsible for the care, supervision and/or chaperoning of users beyond reporting any ordinance violations.
12. Unauthorized use of the skate park by persons who have not obtained a membership or anyone using the skate park after hours shall be considered a trespass and prosecuted as such.

SECTION SIX. Section 34-37, Tennis Courts, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-37. - Tennis/Pickleball courts.

In addition to the rules and regulations contained in section 34-34, the following rules and regulations shall apply to the operation of the Brundage Park and Veterans Community Park tennis/pickleball courts:

1. Tennis/pickleball courts are for members only. You must have a valid membership or be a guest of a member who is present. Guests are permitted on a one to one basis. If you are playing singles, one guest is permitted. If two members are playing doubles, two guests.
2. If the courts are in use and there are people waiting to play, there is a time limit of one hour for singles or doubles.
3. Unless otherwise authorized by the department of parks, recreation and community services, no more than four players shall be permitted on any court at any time and no more than three tennis/pickleball balls shall be permitted in play on any court at any time.
4. No tennis/pickleball instruction shall be permitted unless authorized by the department of parks, recreation and community services.
5. No spectators shall be permitted on any court surface at any time.
6. No person shall enter upon any court surface unless such person is wearing tennis shoes or sneakers.
7. No pets or wheeled vehicles of any type shall be permitted on any court surface at any time.
8. No person shall do any act which may cause damage to the surface, nets, fencing or any other part of the tennis/pickleball courts or surrounding property.
9. A group reserving a picnic pavilion may also reserve a tennis/pickleball court for a separate hourly fee to be charged for each court, exclusive of any fee for the reservation of the pavilion.
10. Failure to follow the instructions of township staff or designated appointees will result in loss of membership and/or violation of local ordinances.

SECTION SEVEN. Section 34-39, Senior Community Center, of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 34-39. - Community center.

1. The community center is available, free of charge, to township-affiliated committees and boards and township-sponsored activities, and for regular or business meetings of township-affiliated organizations and associations whose membership is open to the general public of the community. In order to qualify for free usage, at least 75 percent of the organization’s membership must be township residents.
2. All applications for reservations will be considered on a case-by-case basis by the designated person in charge of the center.
3. Written consent for alcoholic beverages must be obtained from the township manager or other authorized personnel as designated by the township manager.

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

SECTION NINE. 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 TEN. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 31-21

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Sections 34-32, 34-33, 34-34, 34-35, 34-36, 34-37 And 34-39 of Chapter 34, Parks And Recreation Areas, 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 October 21, 2021 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 November 18, 2021 at 6 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 portions of the rules and regulations applicable to parks and recreation areas as set forth in Sections 34-32, 34-33, 34-34, 34-35, 34-36, 34-37, and 34-39 of Chapter 34, Parks and Recreation Areas, of the Revised Ordinances of the Township of Randolph consistent with the revisions recommended by the Parks Advisory Committee, the Recreation Advisory Committee and Township staff.

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