Township of Uwchlan, PA Chapter 179 Parks and Recreation Areas

[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.

§ 179-1 Title; term defined.

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.

§ 179-2 Park regulations and prohibitions.

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.

§ 179-3 Activities requiring permit.

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.

§ 179-4 Enforcement.

The Police Department shall enforce the regulations hereinabove set forth and shall exercise general supervision over persons and property in all parks.

§ 179-5 Maintenance of parks and park property.

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.

§ 179-6 Application for permit.

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.

§ 179-7 Violations and penalties.

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]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.