[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 9-16-2014 by Ord. No. 331.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Park and Open Space Board — See Ch. 35.
Curfew — See Ch. 78.
Disturbing the peace — See Ch. 83.
Littering — See Ch. 103.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 108, Parks and Playgrounds, adopted 9-19-1994 by Ord. No. 237, as amended.
For the purposes of this chapter, the terms designated herein shall have the following meanings:
Any parcel of open space dedicated to and accepted by the Board of Supervisors of Whitpain Township for public use and enjoyment.
Any park located within the Township of Whitpain which is open and accessible to the public.
Any footpath, pedestrian trail and/or any equestrian trail dedicated to and accepted by the Board of Supervisors of Whitpain Township for public use and enjoyment.
The Township parks, open spaces and trails shall be open to all Whitpain Township residents and their guests throughout the year unless specifically closed, in whole or in part, by directive of Township staff, Township police or the Board of Supervisors.
A.
Use by nonresidents. Use of any of the facilities by nonresidents of Whitpain Township shall be permitted only when said guests are accompanied by Whitpain residents or with prior approval of Whitpain Township or the Director of Parks and Recreation.
B.
Special uses or programs. From time to time, either by decision of the Board of Supervisors, Township Manager or Township Director of Parks and Recreation, portions of the Township parks, open spaces, or trails may be closed or set aside for special usage. Such special usage or special programs shall only be authorized after application to the Township setting forth the particulars pertaining to the special use or special programs.
(1)
Requirements of special uses or programs. Special uses or special programs must abide by all Township ordinances, rules and regulations and may be required to meet particular written requirements of the Township as may be established from time to time. Such requirements include the payment of an approved permit fee. Such requirements may also include, if deemed necessary by the Director of Parks and Recreation, depending upon the size, duration and intensity of the event, additional insurance, guarantees of additional security, posting of funds to assure costs of insurance, security and cleanup and such other requirements as the Township may determine to be necessary for the protection of the site and the users at the special use or special program.
(2)
Restriction on special uses or special programs. The Board of Supervisors reserves the right to determine what types of special uses or special programs may be conducted on Township parks, open spaces and trails. No Township parks, open spaces or trails shall be used for fundraising or any similar such events. No signs, temporary signs, banners or similar identification materials shall be permitted in Township parks, open spaces and trails except as approved by the Township Supervisors.
(3)
Reservation of facilities. The reservation of Township parks, open spaces or trails by organized groups shall be scheduled by the Township Director of Parks and Recreation, who, if granting approval, may issue a permit for the specified times and specific facility. The reserving group shall confine its use to only the reserved facilities and exclusively for the uses and time periods authorized by the Township-issued permit and shall post, display or have on their person a copy of the permit during such usage. A failure to surrender the reserved facility at the conclusion of the allocated time or failure to post, display or have on their person the permit during times of such authorized exclusive usage shall be grounds for forfeiture of future approvals and/or reserved usage.
[Amended 1-3-2017 by Ord. No. 353]
The following uses or activities are prohibited in any Township parks, open space or trails:
A.
Use outside the hours of operation from sunrise to sunset, unless specifically authorized;
B.
Possession or use of illegal or controlled substances;
C.
Being manifestly under the influence of alcohol or drugs;
D.
Boisterous, immoral or indecent conduct;
E.
Open fires, portable stoves or similar devices for cooking, heating, or any other purpose;
F.
Possession or use of fireworks;
G.
Brandishing or discharging of firearms;
H.
Possession or use of bows and arrows;
I.
Possession or use of a slingshot, javelin or other similar weaponry or equipment;
J.
Using or operating motorized vehicles of any sort, including minibikes, mopeds, dirt bikes, motorcycles, go-carts, snowmobiles, all-terrain vehicles, 4x4s or other self-propelled vehicles other than such authorized or lawful use within designated parking areas and roads at the site, except for motorized wheelchairs for the disabled;
K.
Ice skating;
L.
Swimming;
M.
Using or operating motorized, transistorized or fuel-propelled model airplanes, aircraft or rockets or vehicles;
N.
Playing or practicing golf anywhere on parks, playgrounds or open space areas;
O.
Discarding of any trash, refuse, garbage or litter, except in containers provided for disposal purposes;
P.
Damaging, defacing, destroying or removing any Township property, including signs, structures, equipment, trees, landscaping materials, topsoil, rocks, sod or plantings;
Q.
Operating, stopping or parking of any vehicle except on designated driveways or parking areas;
R.
Selling or distributing of any items or articles of food, beverage, or clothing, unless authorized by the Township in advance;
S.
Fundraising or soliciting financial contributions of any kind;
T.
Use for conducting a private, fee-based coaching clinic or training;
U.
Use of loudspeakers, boom boxes, high-volume portable speakers, portable hand-held microphones, Freon air horns or equipment to amplify sound, unless prior approval is obtained from the Director of Parks and Recreation;
V.
Vehicle repairs, cleaning, washing or any maintenance of any type;
W.
Operating any vehicle on any public driveways, accessways, trails or parking lot areas in a reckless, careless or negligent manner, in excess of the posted speed limit, in violation of applicable provisions of the Pennsylvania Motor Vehicle Law, Township ordinances or in any manner as to be a nuisance or potential hazard to other park users or Township property; and
A.
Alcoholic beverages. Possession or use of alcoholic beverages is prohibited in all Township parks, open spaces and trails, with the exception of specifically authorized use in designated areas within the licensed premises of the Manor House at Prophecy Creek Park.
B.
Tobacco products. Use of tobacco products is prohibited in all Township parks, open spaces and trails, with the exception of specifically authorized use in designated areas within the licensed premises of the Manor House at Prophecy Creek Park.
C.
Snow sports. Use of sleds, skis, snowboards and toboggans is prohibited on playgrounds, basketball courts, and tennis courts.
D.
Skating and skateboarding.
(1)
Use of roller skates, roller blades, skateboards, scooters and other similar equipment is prohibited in all Township parks, open spaces and trails, with the exception of use in designated areas in Stony Creek Sports Park and Wentz Run Park.
E.
F.
G.
Dogs.
(1)
Dogs must be on a leash and under the owner's control.
(2)
The leash may not exceed six feet. No retractable leashes are permitted.
[Amended 1-19-2021 by Ord. No. 386]
(4)
Dogs must not be allowed to be a nuisance or potential hazard to other park users or to cause damage to Township property.
(5)
Owners must clean up after their dogs and dispose of waste in a responsible manner.
H.
Retrieval of artifacts. Any artifacts found in any Township park, open space or trail are the property of the Township and should be returned to the Township Director of Parks and Recreation.
[Added 1-3-2017 by Ord. No. 353]
I.
The use of a metal detector requires a permit. All items or artifacts found are the property of Whitpain Township and should be returned to the Township.
[Added 1-18-2022 by Ord. No. 393]
(1)
Permits and permit holders shall be subject to the following conditions:
(a)
Permit is good for one year from date of issuance. Permits are issued for the calendar year (January 1 to December 31).
(b)
There shall be an annual permit fee of $30.
(c)
Applicants are limited to one permit for each park for each calendar year.
(d)
Metal detecting is only permitted in certain parks or specific areas within parks (no trails unless specifically allowed, sports fields, dog park, "active" areas as defined in the assigned permit).
(e)
There shall be no digging where it could disturb a heritage tree, as defined in the park policy.
(f)
Metal detecting shall be limited to the following parks or open space:
(g)
Metal detecting is not permitted along Township trails unless specifically permitted and identified in permit.
(h)
List of acceptable grounds may be updated annually and modified as necessary by Parks and Recreation staff.
(i)
To protect significant cultural or natural resources, the issued permit will identify where the Township will allow use of metal detectors.
(j)
Only short probing rods and garden trowels (or similar garden tools that are small and have short handles) are allowed. No shovels, spades, or similar implements may be used. Tools larger than 1.5 inches wide by six inches long may not be used to dig.
(k)
Holes shall be limited to three inches in diameter; no hole shall be dug more than five inches deep and all holes must be refilled. Repairs must not be detectable. For turf areas, leave one edge of sod plug attached so it can be folded back into refilled hole.
(l)
All surfaces disturbed by digging must be immediately restored.
(m)
Metal detecting may only take place during normal park hours in park areas open to the public as specified by the permit.
(n)
Metal detectors may not be used on any prehistoric or historic archaeological site or at any human burial location. Permit holder shall report the discovery of items of significant historical value to the Township. No person shall collect, excavate, injure, destroy or appropriate prehistoric or historic artifacts or human skeletal remains from parks.
(o)
Permit holder must carry approved permit while metal detecting and present approved permit to Township staff if asked.
(p)
It is the permit holder's responsibility to remain on Township property.
(q)
Metal detecting may not take place in locations that will encourage erosion or trail damage.
(r)
Metal detectors may not be used in landscaped areas.
(s)
The permit holder is required to comply with all standard park rules as posted, including areas not open to the public, and standard terms and conditions posted on our website and permit.
(t)
Operators of a metal detector shall wear or carry a litter apron or bag, and all litter found is to be deposited in an approved trash receptacle.
(u)
Operators may keep any nonidentifiable items with a nominal value of less than $25. Identifiable items, such as rings, watches, etc., and all other items of value that may exceed $25 are to be returned to the Township Parks and Recreation Department. These provisions apply to all lost and found articles including those found without the aid of a metal detector.
(v)
All historical, archeological or paleontological items found are to be left undisturbed and their location reported to the Township.
(w)
The permit holder is responsible for all injuries they incur while metal detecting.
The Department of Parks and Recreation and the Police Department of Whitpain Township shall be authorized to enforce the regulations adopted by the Board of Supervisors of Whitpain Township and shall exercise general supervision over persons occupying or using the Township parks, open spaces, or trails of the Township.
A.
Assigned Township personnel. Township employees who shall be assigned to a particular park, open space, or trail of the Township shall be authorized to enforce the rules and regulations set forth in this chapter, with the jurisdiction to enforce the same.
The Board of Supervisors of Whitpain Township and the Township staff, by the Township Manager, Township Director of Parks and Recreation or any Township employees as directed by the Supervisors or Township staff, shall exercise general supervision over persons occupying or using the Township parks, open spaces or trails and over the care, maintenance, repair, improvement, construction or replacement of Township property or equipment and facilities within the Township and shall keep the facilities in a clean, orderly and sanitary condition.
The Board of Supervisors of Whitpain Township may, from time to time, adopt a Schedule of Fees and Charges and Rules and Regulations for use of the Township parks, open spaces or trails as the Board may deem necessary to implement the orderly use of these Township properties and facilities. The Board of Supervisors may amend the Schedule of Fees and Charges and/or the Rules and Regulations from time to time.
Any person, firm, corporation or other entity violating any of the provisions of this chapter shall, in addition to the other charges hereinbefore provided for, upon conviction before any Magisterial District Judge, be guilty of a summary offense and shall be required to pay a civil penalty not exceeding $600 per violation and costs of prosecution. Each and every day on which any person, firm, corporation or other entity shall be in violation of this chapter shall constitute a separate offense.
The exercise of any remedy by the municipality, including, but not limited to, enforcement of a civil proceeding before a Magisterial District Judge, shall not limit the municipality from seeking any other remedy, including, but not limited to, enforcement of the chapter in equity.
