[HISTORY: Adopted by the Board of Supervisors of the Township of South Strabane as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 59.
Curfew — See Ch. 102.
Peddling and soliciting — See Ch. 169.
Vehicles and traffic — See Ch. 220.
[Adopted 5-6-1981 by Ord. No. 3-1981; amended in its entirety 6-26-2011 by Ord. No. 4-2011]
A. 
Facilities shall be rented to those 21 years of age or older.
B. 
There shall be no public meetings or assemblages in the parks without a permit.
C. 
Open fires are restricted in the parks.
D. 
Only tape may be used to secure tablecloths and wall decorations.
E. 
The renter is solely responsible and legally liable for his/her guests.
Township police officers shall strictly enforce the Pennsylvania Motor Vehicle Code[1] and the Pennsylvania Crimes Code,[2] concerning and relating to the use and enjoyment of the parks.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
A. 
Streator Park and Driscoll Park are open from dawn to dusk.
B. 
Community Park, Multi-Use Park and Billy Bell Park are open from dawn to 11:00 p.m.
Permission will be granted by the designated representative of the parks. Signage must be removed before 11:00 p.m., or the damage deposit may be withheld.
A. 
Defacing or damaging the park property is strictly prohibited, and this subsection will be enforced under the fullest penalty of the law.
B. 
Facilities will be inspected upon the conclusion of each rental.
A. 
No person shall clean, grease, lubricate or make repairs to any vehicle.
B. 
Electric amplification equipment is prohibited.
C. 
Metal detectors shall not be used for the purpose of recovery of any buried object.
A. 
Dogs, cats or any other domesticated animals are to be restricted at all times and cleaned up after.
B. 
Petting zoos or any special event must be accompanied by a certificate of insurance in the amount of $500,000, naming South Strabane Township as coinsured.
C. 
There shall be no hunting, trapping or molestation of any animal in the parks.
There shall be no firearms or archery equipment permitted in the parks.
No fireworks of any kind are permitted in the parks.
A. 
Picnics shall be held only in designated locations, and all picnickers shall be responsible for cleaning up the picnic areas and placing all waste in appropriate containers.
B. 
Wading or swimming is forbidden in any streams.
A. 
No persons shall operate any vehicle in excess of 10 miles per hour.
B. 
No parking is permitted in unauthorized areas.
C. 
No persons shall operate any vehicle in a reckless or negligent manner.
D. 
No minibikes, quads, trail bikes or motorcycles are permitted to be operated within park boundaries.
Trees, shrubs and grass shall not be damaged in any way.
Goods, merchandise and services shall not be sold or leased in the parks without a permit.
Any person violating this article shall be punishable as provided in § 1-3, Civil enforcement, of the Code of the Township of South Strabane.
[Adopted 7-28-2020 by Ord. No. 3-2020]
Article II of the Code of the Township of South Strabane shall be known as the "South Strabane Township Smokefree Park Ordinance."
The background of this article and the legislative intention of the Board of Supervisors ("Board") in enacting it are as follows:
A. 
The Township of South Strabane is a Township of the Second Class.
B. 
The Commonwealth of Pennsylvania, through the Clean Indoor Air Act 2008 (the "Act"), has provided for the cessation of smoking in certain indoor public places; however, the Commonwealth has not yet provided for cessation of smoking in outdoor public places and recreational areas.
C. 
The U.S. Surgeon General has concluded, among other things, that secondhand smoke exposure causes disease and premature death in children and adults who do not smoke.
D. 
Numerous studies have found that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer.
E. 
The use of e-cigarettes, in their various forms, has become a public health concern and exposes users and those in their proximity to several chemicals, including nicotine, carbonyl compounds, and volatile organic compounds known to have adverse health effects.
F. 
The U.S. Surgeon General has concluded that e-cigarette aerosol is not harmless and can contain potentially harmful constituents, including nicotine.
G. 
The Township deems it necessary to provide for the regulation of smoking in outdoor public parks within the Township.
For the purposes of this article, the following terms shall be defined as follows:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling smoke, vapor, or aerosol from the product. The term includes, but is not limited to, any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or any other product name or descriptor.
PARK
Any South Strabane Township-owned land, property, or structure under its jurisdiction now or hereafter owned or acquired by the Township utilized and open to the public for recreation, sports, leisure, hiking, etc., purposes, including, but not limited to, playgrounds and recreational areas.
PARTIALLY ENCLOSED
An area closed in by a roof or overhang or by permanent or temporary walls or windows (exclusive of doorways), on at least two sides, including, but not limited to, courtyards, patios, gazebos, pavilions, and covered walkways.
PLAYGROUND
Any park or recreational area designated in part by the Township to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Township grounds.
RECREATIONAL AREA
Any Township-owned land, property, or structure open to the public for recreational purposes, whether or not any fee for admission is charged, including, but not limited to, athletic fields, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, and trails.
SMOKELESS TOBACCO
Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption, or is likely to be consumed, whether inhaled, absorbed, chewed, sucked, swallowed, or ingested by means other than combustion or smoking, as defined herein, including but not limited to chewing tobacco, snuff, snus, and dissolvables.
SMOKING
The inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.
A. 
No person shall smoke or use any electronic smoking device or use smokeless tobacco in and/or on any Township park, playground, or recreational area.
B. 
Smoking and the use of any electronic smoking device and/or smokeless tobacco product shall be prohibited within 25 feet of all playgrounds.
C. 
Smoking and the use of any electronic smoking device and/or smokeless tobacco product shall be prohibited in any partially enclosed area in Township parks, playgrounds, and recreational areas.
The prohibitions set forth herein shall be enforced by the South Strabane Township Police Department.
A. 
Any person who smokes or uses an electroic smoking device in an area where smoking is prohibited by this article shall be punishable as provided in § 1-3, Civil Enforcement, of the Code of the Township of South Strabane.
B. 
Violation of this article is hereby declared a public nuisance.
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, including but not limited to, the Pennsylvania Clean Indoor Air Act of 2008.