As used in this chapter, the following terms shall have the meanings indicated:
AIR RIFLE
Any air gun, pistol, spring gun, spring pistol, B-B gun or any implement that is not a firearm or offensive weapon, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm. The term does not include a paintball gun or paintball marker. This definition is modeled upon the definition of the term "air rifle" as set forth in 18 Pa.C.S.A. § 6304, and shall be deemed amended upon further amendment to such law by the Commonwealth of Pennsylvania.
[Added 8-21-2012 by Ord. No. 2012-03]
FIREARM
Any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. The term does not include air rifles or offensive weapons. This definition is modeled upon the definition of the term "firearms" as set forth in 18 Pa.C.S.A. § 6120, and shall be deemed amended upon further amendment to such law by the Commonwealth of Pennsylvania.
[Added 8-21-2012 by Ord. No. 2012-03]
OFFENSIVE WEAPON
Any bow and arrow, bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, or spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or similar implement for the infliction of serious bodily injury which serves no common lawful purpose. The phrase does not include a firearm or air rifle.
[Added 8-21-2012 by Ord. No. 2012-03]
PARK, RECREATION AND OPEN SPACE LANDS
A park, playground, recreation center or any other area in the Borough, owned or used by the Borough, and devoted to active or passive recreation, including open space lands.
All land owned or used by the Borough along any creeks, drainage ditches, streams, other waterways, open space, park ground, recreation areas, and any other land presently owned or used by the Borough shall be considered as a park, recreation or open space area for purposes of this chapter. In addition, all such lands dedicated, given, purchased, received or used by the Borough in any manner whatsoever after the passage of this chapter shall be governed by the regulations herein set forth.
It shall be unlawful for any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations to use any New Hope Borough park, open space, or recreational area unless such person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations comply strictly with the provisions of this chapter.
The following enumerated actions or conduct on the part of any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations in any New Hope Borough park, recreation or open space lands shall be unlawful:
A. 
To build a fire.
B. 
To possess, carry, sell, distribute or consume any intoxicating beverage or controlled substance as defined in the Pennsylvania Crimes Code.
C. 
To enter or go into any park, recreation or open space lands when under the influence of intoxicating liquor or any narcotic drug or habit-producing drug.
D. 
To gamble.
E. 
To do, perform or partake in any obscene or indecent act or actions.
F. 
To use any abusive, indecent, obscene, or threatening language.
G. 
To do, perform, or partake in any type conduct which by its nature would annoy or disturb any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations properly using the park, open space, or recreation lands and/or to play or cause to play any radio, phonograph, tape recorder, television, stereo, etc., in a loud or boisterous manner which tends to disturb or annoy others.
H. 
To scatter, drop or leave in any portion of a park, recreation or open space area, except in receptacles provided for the purpose, any pieces of paper, rags, garbage, glass, tin containers, or other rubbish.
I. 
To mark, deface, damage or destroy any building, posters, signs or any other park, recreation or open space property, either real or personal, in any manner whatsoever and/or to destroy, deface, alter, or remove any table, bench, historic marker, monument, stone marker, benchmark, stake, post, trail blaze or designation of any boundary line or survey line.
J. 
To engage in paintball or any substantially similar activity involving the use of CO2- or air-powered paint guns which fire thin-skinned gelatin capsules containing colored liquid used to mark participants and/or property.
K. 
To use sleds, skis and any similar snow-related equipment and devices.
L. 
To use skates, skateboards, and any similar equipment and devices.
M. 
To conduct or participate in any athletic activities, sports, etc., except in designated areas.
N. 
To smoke or possess a lit tobacco smoke-producing instrument.
O. 
To cut, mutilate, remove or destroy in any manner whatsoever any soil, rock, stones, trees, shrubs, flowers, seeds, plants or wood or make any excavation by tool, equipment, blasting, or other means, except when such work is performed by the Borough as part of a maintenance program.
P. 
To graze or ride horses.
Q. 
To fire, discharge or have in one's possession any rocket, firecracker, or other fireworks and substances of an explosive nature.
R. 
To attach any rope, wire, or other contrivance to any tree or plant or dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
S. 
To climb any tree or walk, stand or sit upon monuments, vases, fountains, water features, railing, fences or upon any other property not designated or customarily used for such purposes.
T. 
To disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit.
U. 
To throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, water feature, pond, lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.[1]
[1]
Editor’s Note: Former Subsection V, which immediately followed this subsection and prohibited the possession, carrying or use of firearms, was repealed 8-21-2012 by Ord. No. 2012-03.
[Added 8-21-2012 by Ord. No. 2012-03]
A. 
The possession or carrying of a firearm in any park, recreation or open space lands in New Hope Borough is prohibited except as authorized by the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6101 et seq., as amended, or any other applicable Pennsylvania or federal law, regulation or rule.
B. 
The use or discharge of a firearm in any park, recreation or open space lands in New Hope Borough is prohibited except in the following limited circumstances:
(1) 
By any law enforcement officer or military personnel while carrying out the official duties and responsibilities of his/her position;
(2) 
In defense of human life or residence or place of business of the person discharging the firearm in accordance with applicable Pennsylvania or federal law; or
(3) 
As otherwise expressly permitted under applicable Pennsylvania or federal law.
C. 
The possession, use and/or discharge of an offensive weapon is prohibited within any park, recreation or open space lands in New Hope Borough unless specifically excepted and authorized by Pennsylvania or federal law.
D. 
The possession, carrying, use and/or discharge of an air rifle is prohibited within any park, recreation or open space lands in New Hope Borough unless in accordance with a special event permit issued by the New Hope Borough Council.
The following enumerated actions or conduct on the part of any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations in any New Hope Borough park, open space, or recreation lands shall be unlawful unless specifically authorized in writing by the New Hope Borough Park and Recreation Board or its designee:
A. 
To annoy, strike, injure, maim or kill, trap or catch, any animal, bird, insect or fish and/or to destroy, remove, or alter any nest, lair, den, burrow, or habitat of any wildlife and/or to drive or pursue any wildlife from the confines of a park, recreation or open space area and/or to introduce any alien species.
B. 
For any organized group or groups to use park, open space or recreational lands and/or any gathering or group of people consisting of 12 or more persons without first obtaining a permit from the Park and Recreation Board or its designee. The amount of the permit fee shall be set from time to time by resolution of the Borough Council. To obtain a permit, such groups or gatherings must follow the following guidelines:
(1) 
Application for a permit shall be made upon the official form of the Borough and shall be accompanied by the required fee (except where a free permit may be issued), hold harmless and indemnification agreement, and certificate of insurance with coverages, limits, and endorsements as set by the Borough Manager.
(2) 
Application for a permit shall be made at Borough Hall and approved by the Park and Recreation Board or its designee. The application and fee must be received no later than 30 days in advance of the scheduled activity.
(3) 
Permits may be issued to persons for the use of park, recreation and open space lands.
(4) 
Application for permits from persons under the age of 18 years shall be countersigned by the applicant's parent or legal guardian indicating therein his or her responsibility for the conduct of the permit user.
(5) 
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. Likewise, the permittee shall repair all damage and restore the property used to the same condition it was in prior to the use by the permittee, regardless of the cause of the damage or loss.
(6) 
All visitors to park, recreation and open space lands must comply with all rules and regulations of the New Hope Borough Council and the Park and Recreation Board.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, which prohibited the carrying or use of firearms, bows and arrows, traps and lures in parks without written authorization, was repealed 8-21-2012 by Ord. No. 2012-03.
D. 
To enter or use any park, recreation or open space lands during such periods of time, as are specified by separate resolution of Council, that such lands are closed to the public, except when authorized by permit.
E. 
To use, operate or park any motorized vehicle in any park, recreation or open space lands (except in areas specifically designated for motor vehicles and except for persons mowing the grass) and/or to operate any vehicle and stop, stand, or park such vehicle upon any roadway, hiking path, trail, or lane or in any parking area within a park, recreation or open space area in such manner as to form an obstruction to traffic thereon and/or to drive upon or park upon any trail, maintenance road or lawn unless the area is specifically designated as overflow parking area and/or to operate any vehicle and park in any place where a "No Parking" sign has been erected and/or to operate any vehicle and park in such a manner as to block the exit or removal of another vehicle. Borough maintenance vehicles are exempt from the requirements of this subsection. Bicycles are permitted within the park system on areas clearly designated for this purpose.
F. 
To build, erect, plant or cultivate upon park, recreation or open space lands or otherwise use such lands or the contents thereon for any structure, garden, compost heap or other personal use without first obtaining written permission from the Park and Recreation Board and Borough Council.
G. 
To enter any building or structure that is not open to and regularly used by the general public.
H. 
To swim, boat, bathe or wade in any body of water unless said area is specifically designated for such purposes.
I. 
To bring any domestic animal or fowl into park, recreation or open space lands unless the property is clearly designated for such a purpose and then only when the domestic animal or fowl is tethered on a six-foot or shorter leash, or other restraining device, adequate to insure that control of the animal can be maintained at all times. This provision shall not apply to any person accompanied by a guide dog or other dogs used to assist physically disabled persons.
J. 
Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued hereunder.
K. 
To use a musical instrument, loudspeaker, public address system or amplifier without first obtaining written permission from the Park and Recreation Board and a noise permit from the Borough Council.
L. 
To solicit funds, charge fees, distribute any literature or engage in any commercial enterprise whatsoever, except with the written permission of the Park and Recreation Board or its designee.
M. 
To offer for sale any articles or items of any kind or any food, except when authorized in writing by the Park and Recreation Board or its designee.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter, which shall be found to have been violated, shall constitute a separate offense.