[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 4-12-1976 by Ord. No. 76-06; amended in its entirety 7-10-1995 by Ord. No.
95-10. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 112.
This chapter shall be known and may be cited
as "the Park Ordinance." Whenever, in this chapter the term "park"
is used, it shall be deemed to include playgrounds.
A.
No person or persons shall be allowed in a park except
between dawn and dusk unless a permit has been obtained from the Township
Secretary. Any child under seven years of age must be accompanied
by an adult or responsible teenager.
B.
No person shall deface, destroy, or remove any public
signs, notices, equipment, or other property of the park.
C.
No person shall disturb, injure, or kill any wildlife
within the park.
D.
Consumption of alcoholic beverages in a park is prohibited.
E.
No gambling, or any obscene or indecent act, or any
abusive, threatening, indecent or profane language, or any conduct
that may annoy others, shall be allowed in the park.
F.
No person shall park any vehicle in any portion of
a park except in spaces definitely set aside and marked for parking
purposes. No go-carts, minibikes, or like vehicles shall be permitted
in a park.
G.
No person (except law enforcement officials) shall
carry or use any firearms or weapon within a park.
H.
No person shall litter within a park.
I.
No person shall light or permit a fire to burn in
a park except in fireplaces provided for such purpose.
J.
The playing of golf in any park is prohibited.
K.
The use of a park for commercial purpose is prohibited.
The use of a park for overnight camping, parties,
or gatherings in excess of 25 persons may be permitted when a permit
is obtained from the Township Secretary as hereinafter provided.
A.
The fee for a permit to occupy a pavilion shall be
established by resolution of the Township Supervisors. In order for
a permit to be approved, the applicant must meet all the requirements
including residency and give all the information indicated in the
permit application.
B.
Any individual or organization who or which wishes to reserve any Township athletic facility, including but not limited to basketball courts, volleyball courts, football fields, soccer fields, baseball fields and the like, shall, prior to use of the facility, make an application to the Township through the Uwchlan Township or its designee for a permit. The applicant shall comply with all procedures listed in § 179-5 referring to requirements to make an application for a permit. Such permit shall indicate the date(s) and time(s) the athletic facility shall be reserved.
C.
The application for such permit shall be in the name
of a person who shall be responsible for seeing that all refuse left
by the group shall be placed in a proper container or removed from
the grounds before leaving the park. The application for permit shall
also indicate the sponsoring person(s) or organization(s), the approximate
number of persons attending the planned event, the hours for which
the planned event is scheduled, equipment to be used and such other
pertinent information.
The Police Department shall enforce the regulations
hereinabove set forth and shall exercise general supervision over
persons and property in all parks.
The Board of Supervisors shall have general
custody of all parks and all maintenance, repairs, and replacements
of property and equipment therein, and shall be chargeable with the
duty of keeping the parks in a clean and sanitary condition at all
times. In view of the fact that the parks and playgrounds of the Township
have been acquired and are maintained primarily for the use of the
residents of the Township, the Board of Supervisors, or any person
or persons designated by it, shall have the right to exclude therefrom
any person who is not a resident of the Township.
A.
Special permits for the use of parks shall be issued
by the Township Secretary upon application therefor. No charge shall
be made for such permits.
B.
The application for such permit shall be made at least
30 days prior to the time of the planned use for which permission
is being requested. The person or organization making application
for a permit pursuant to this subsection must be a resident of Uwchlan
Township or an owner of a business located within the Township and
must provide a street address and telephone number within the Township.
C.
Any person to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person by reason of
the negligence or fault of the applicant, his servants, agents or
employees. Before issuing a permit, the Township Secretary shall obtain
the advice of the Chief of Police and the Park and Recreation Board.
D.
The Township Manager shall have the right to waive
the permit fee and/or requirements of advanced notice of 30 days for
spontaneous public gatherings or meeting within the parks and playgrounds
intended to celebrate events of importance to the Township, the Commonwealth
of Pennsylvania and the nation, including celebrations of the accomplishments
of local sports teams and the ends of wars or other conflicts of national
significance.
E.
The Township Manager shall have the right to waive
the permit fee and/or the requirement of advanced notice of 30 days
for groups or organizations of religious, charitable or nonprofit
nature or for any group or organization if there are circumstances
unique to that group or organization which justify the waiver to assure
the public safety and welfare of the Township or the Township's best
interest. Nonprofits must supply a copy of their 501-C federal tax
exempt document and meet insurance requirements.
A.
Any person who violates or permits the violation of
any provision of this chapter shall be subject to a fine in an amount
not to exceed $600, for each and every offense, plus all court costs,
including reasonable attorneys' fees, incurred by the Township. If
the penalty imposed for the violation of this chapter is not voluntarily
paid to the Township, the Township shall initiate a civil enforcement
proceeding before a Magisterial District Judge. Upon a finding of
liability for committing said violation or permitting said violation,
in such civil enforcement proceeding commenced by the Township, the
defendant shall pay the fine, together with additional daily penalties
for continuing violations, plus costs and attorneys' fees. No judgment
shall be imposed until the date of determination of a violation by
a Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. All judgments, costs and
reasonable attorneys' fees collected for the violation of this chapter
shall be paid over to the Township.
[Amended 3-24-1997 by Ord. No. 97-05[1]]
B.
Parents and/or legal guardians of persons under 18
years of age will be held liable for penalties incurred by and for
damages to park properties of the Township caused or committed by
their children.