[Adopted 3-3-2008 by Ord. No. 279]
All Township parks shall be operated and maintained
under the general supervision of the Board of Commissioners and the
Parks and Recreation Board. The Parks and Recreation Board shall have
the power to recommend to the Board of Commissioners rules and regulations
governing the use of parks within the Township, provided such rules
and regulations are not contrary to any statute or ordinance. It shall
be the duty of the Parks and Recreation Board, assisted by the Lower
Pottsgrove Police Department, to enforce the provisions of this article
and all rules and regulations adopted hereunder.
The following rules and regulations are set
forth for the use of the parks in the Township of Lower Pottsgrove:
A. Hours of operation; park entrances.
(1) No person or persons shall be allowed in Township parks except between the hours of sunrise and sunset. Special permits may be issued for activities/events occurring between sunset and sunrise as per §
160-3D.
(2) Persons shall enter and leave the park by the entrances
and exits provided for that purpose.
B. Activities involving vehicles in Township parks.
(1) No motor vehicle shall be operated or parked in any
area of a Township park except in access driveways and designated
parking areas.
(2) It shall be unlawful for any person to operate any
vehicle carelessly or recklessly in a Township park, and no person
shall operate a vehicle in a Township park at a speed in excess of
15 miles per hour.
(3) No person shall park any vehicles, attended or unattended,
within any Township park between sunset and sunrise.
(4) Use and operation of motorized recreational vehicles
and devices within a Township park is prohibited unless areas are
specifically designated for such use.
(5) Use and operation of nonmotorized recreation vehicles
and devices is prohibited within a Township park except in parking
areas, designated driveways, or other specifically designated areas.
(6) The washing, painting, servicing, cleaning or repair
of any vehicle shall not be permitted within any Township park.
C. Prohibited activities and possessions. All of the
following activities are prohibited within Township parks:
(1) Possessing, selling, distributing or consuming intoxicating
beverages.
(2) Smoking or use of tobacco-based products.
(3) Gambling or any obscene or indecent act.
(4) Any criminal conduct as defined in the statutes of
the Commonwealth of Pennsylvania and ordinances of the Township of
Lower Pottsgrove.
(5) Possessing or using firearms or other weapons, including,
but not limited to, air rifles, spring guns, bow and arrows, slingshots,
paintball guns, BB guns or rifles, darts or any other missiles or
projectiles, unless a special permit has been acquired from the Township
and use is under adequate supervision in a properly designated area.
Hunting, shooting, paintball and trapping are also prohibited.
(6) Possessing or igniting any explosives or fireworks.
(Fireworks shall be defined by the National Fire Protection Association
Standards.)
(7) Damaging or causing the injury, fouling or defacement
of any park property whether real or personal.
(8) Throwing, discharging or otherwise placing or causing
to be placed on the waters of any pond, lake or stream in any park
or any tributary, storm sewer or drain flowing into a park any substance,
matter or thing, liquid or solid, which is in violation of any federal,
state or local statute, rule, regulation or ordinance.
(9) Cutting, removing, injuring or destroying any vegetation.
(10)
Transporting and/or discarding trash, garbage
or any other matter, including, but not limited to, grass clippings,
brush, refuse, and other debris from private property to/on Township
parks for the purposes of disposal. Trash receptacles in any park
are to be used only for the immediate needs by individuals participating
in or observing authorized activities at the park.
(11)
Outdoor burning for any reason.
(12)
Cooking fires, except in designated cooking
grills or stoves provided by the Township. Fires must be completely
extinguished before leaving the site.
(13)
Feeding, annoying, striking, injuring, maiming
or killing any animals or birds, including the destruction of or interference
with their nests, resting or breeding places.
(14)
Playing or conducting activities and games in
areas other than those designated for such activities and games.
(15)
Swimming, ice skating, wading or diving.
(17)
Any activity likely to result in injury to persons
of damage to property.
(19)
Distributing, posting, placing, painting any
advertising materials, handbills, signs, notices, placards or other
devices within the park without a valid permit. Only official Township
postings and advertisings or those first approved by the Township
may be placed or distributed in its parks.
D. Activities/uses prohibited unless permitted by the Township. The following activities/uses are prohibited in parks, except when specifically permitted in writing by the Parks and Recreation Board or its designee upon application thereto. The Township Manager will issue all permits, and a registration fee will be required to ensure proper use and care of park property. See §
160-7 for information regarding permitting. The Township reserves the right to deny the issuance of any permit application if the Township Manager determines that the health, safety or welfare of any persons would be jeopardized, that there is a risk of damage to Township property or that such activity would create an unreasonable disturbance to other persons by the granting thereof.
(1) Sound-amplification equipment.
(3) Privately owned cooking grills or stoves. Fires must
be completely extinguished before leaving the site.
(6) Organized team and/or league sports.
(7) Music, theatrical, or other entertainment.
(9) Activities/events which occur between the hours of
sunset and sunrise.
E. Animals.
(1) Releasing or abandoning wild and/or domestic animals
in a park is prohibited.
(2) All animals, wild or domestic, are prohibited on sports
fields whether or not on a leash or other means of control.
(3) No animal shall be brought into a park unless it is
accompanied by and under reasonable control of a handler and firmly
secured by means of a collar and leash or other device so it cannot
stray beyond the control of the handler.
(4) The handler of any animal shall immediately remove
and dispose of any feces deposited by the animal in a sanitary manner.
Any person requesting exception or exemption
to or from any of these rules may direct such request, in writing,
to the Township Manager, who shall refer such request to the Board
of Commissioners for any action, and such action shall be taken at
a regular public meeting of the Board of Commissioners. The Board
of Commissioners has total discretion in the approval or disapproval
of any request and may only grant an exception or exemption upon the
showing of extraordinary circumstances for the benefit of the Township
residents which are not contrary to the general health, safety and
welfare of any person or the community. The Board of Commissioners,
when possible, will seek recommendation from the Parks and Recreation
Board.
The Township Manager and his/her staff shall
exercise general supervision over persons occupying or using any park
and over the care, maintenance and replacement of Township property
and equipment in the park and shall keep such property and equipment
in a clean and sanitary condition. In addition, the Lower Pottsgrove
Township Police Department is authorized to enforce the provisions
of this article.
Upon resolution of the Board of Commissioners,
the Township shall have the right to exclude from any Township park
any person who is not a resident or employee of a tax-paying business
in Lower Pottsgrove Township. The Board of Commissioners may likewise
by resolution specify the conditions under which any particular park
or building therein may be used by the public or by any organization
or group. The Board of Commissioners, when possible, will seek recommendation
from the Parks and Recreation Board.
The Parks and Recreation Board shall provide for the issuance of permits for the use of parks by groups desiring to engage in organized games, overnight camping, use of picnic tables/pavilions, or for any other special purpose including those set forth in §
160-3D above. Any person to whom a permit is issued shall agree to indemnify and hold the Township, its employees and agents, harmless from any liability for any loss, damage, claim or costs, including attorneys' fees, as a result of the use of the park by the permittee, any member of the permittee's group, guest, invitee or any other person. Upon approval, applicant shall pay a fee as adopted by resolution from time to time by the Board of Commissioners.
A. Persons, groups or organizations holding a valid permit
shall have priority in the use of a park and/or its facilities. Priority
for issuance of a permit shall be given in the following order:
(1) Lower Pottsgrove Township residents.
(2) Organizations located in Lower Pottsgrove Township.
(3) Organizations whose membership is made up of a majority
of Lower Pottsgrove Township residents.
(4) Organizations whose membership includes Lower Pottsgrove
Township residents but whose membership does not consist of a majority.
(5) Persons, groups or individuals who do not reside in,
are not located in, or serve Lower Pottsgrove Township residents.
B. Persons, groups or organizations wishing to reserve
a park facility shall apply for a permit before occupancy. It is strongly
recommended that applications for permits be made at least seven days
prior to the time of the planned activity for which the permit is
being requested and submitted along with the scheduled reservation
fees as may be established from time to time, which must be paid at
time of application.
C. The permit application shall specify the following
information:
(1) Full name, address and telephone numbers of the sponsoring
person or organization.
(2) Maximum number of people who will attend the activity.
(3) Date(s) and hour(s) for which the activity is scheduled.
(4) The nature of any equipment which the permittee intends
to bring to the park in connection with the activity.
(5) Facilities requested to be used and such other pertinent
information as the Parks and Recreation Board may require.
(6) Private residents are exempt from the following insurance
provisions. Groups or organizations holding events for less than 20
people are exempt from the following insurance provisions, providing
that no equipment will be brought to the park. In all other instances,
a certificate of insurance must be provided to the Township at the
time of application evidencing a policy of insurance, naming Lower
Pottsgrove Township, its Board of Commissioners, agents, servants
and employees as additional insured, by an insurance company acceptable
to the Township and with per-occurrence and aggregate limits of not
less than the following requirements:
(a)
General liability: $1,000,000.
(b)
Property damage: $500,000.
(c)
Medical expenses: $5,000.
(d)
Personal and advertising injury: $1,000,000.
(e)
General aggregate: $2,000,000.
(f)
Products comp/op aggregate: $2,000,000.
(7) Permit fee as specified in the fee schedule adopted
by the Board of Commissioners from time to time.
D. Use of any park facilities or areas not authorized
by the permit shall constitute sufficient grounds for expulsion of
the activity from the park and other enforcement remedies as set forth
herein.
E. The application for such permit shall be in the name
of a person who shall be responsible for ensuring that all park rules
are followed and ensuring that all refuse and other materials utilized
in connection with the activity is collected and immediately removed
by the permittee from the park following the activity. In the event
that containers have been provided by the Township within the park,
they may be utilized for disposal of such refuse if they are sufficiently
empty to accommodate the amount of refuse produced by the activity.
In no event shall refuse be allowed to remain anywhere in the park
unless completely contained in Township-provided containers.
F. For activities for which police security is deemed
necessary by the Township, such security shall be supplied and paid
for by the sponsor(s) of the activity and shall be a condition of
the issuance of the permit. The Township may require a security deposit
to ensure payment of the police security.
G. Permits will be issued based upon the following conditions:
(1) No proposed activity shall be inconsistent with the
terms or conditions contained in any instrument by which the particular
park land was donated to or purchased by the Township.
(2) The activity shall not present a threat to the public
health, safety or general welfare.
(3) The Township Manager, Parks and Recreation Board or
designee shall designate in the permit the specific area or areas
within the park wherein the activity is to be conducted.
(4) The permit shall contain any additional conditions
necessary to preserve the public health, safety or welfare in any
particular park.
(5) Any permit may be revoked at any time by the Township
Manager or designee if the permit holder violates any of the terms,
conditions or requirements of the permit or this chapter, or if the
permit holder fails to keep the designated area free of refuse, garbage
and rubbish.
No person, firm, corporation or association
shall sell any food, beverage, article, product or service of any
kind in a park without a permit as provided in this article. The Township
Parks and Recreation Board or its designee shall have the absolute
authority and discretion to refuse such consent in any instance for
any reason.
A. Each person, firm, corporation or association desiring
to apply for a vendor permit as described above must submit a written
application containing the following information:
(1) The full name, address and telephone number of the
applicant.
(2) The park in which the applicant proposes to sell.
(3) Dates when the vendor is planning to sell.
(4) Products or services to be sold.
(5) Description of any equipment owned by the vendor which
will be used to sell the product or services specified. Vendors will
not be allowed to use Township facilities such as pavilions, sports
fields, or equipment such as grills, etc. for sales or services, unless
expressly permitted by the Township.
(6) The insurance provisions set forth in §
160-7C(6) above shall apply.
(7) Permit fee as specified in the fee schedule adopted
by the Board of Commissioners from time to time shall be paid at time
of application.
(8) If vendor desires to sell food, vendor must submit
proof of a Montgomery County Health Department Food Handling Permit
with the Township vendor permit application, as required by the Montgomery
County Health Department.
B. Any permit holder who violates or permits the violation
of any provision of this article shall be subject to immediate revocation
of the permit by the Township and the penalties set forth in this
article.
Fees for use of Township parks shall be established
from time to time by resolution of the Board of Commissioners, which
may be recommended by the Parks and Recreation Board.