City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 22-1973. Amendments noted where applicable.]
CROSS-REFERENCES
Administrative organization: see § 2-301.2.
Parks, playgrounds and recreation centers: see 3rd Class Code § 3703 et seq. (53 P.S. § 38703 et seq.).

§ 10-301.1 Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory:
DEPARTMENT
The Department of Parks, Recreation and Enrichment.
[Amended 6-8-2010 by Ord. No. 6-2010]
DIRECTOR
The Director of the Department of Parks, Recreation and Enrichment.
[Amended 6-8-2010 by Ord. No. 6-2010]
PARK
A park, reservation, playground, recreation center or any other area in the City owned or used by the City and devoted to active or passive recreation or leisure activity.
SCULPTURE
The art of carving wood, chiseling stone, casting metal, modeling clay or wax, or casting plastics into three-dimensional representatives, such as statues, figures or ornaments.
[Ord. No. 9-1989]
VEHICLE
Any conveyance for human beings, whether motor-powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description but does not include baby carriages, hand sleds or vehicles in the service of the City.

§ 10-301.2 Park property.

A. 
No person shall willfully mark, deface, disfigure, damage, tamper with, or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities, or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, other structures, equipment, facilities, park property, or appurtenances whatsoever, either real or personal, in any City park.
B. 
Any person using a washroom or rest room in any park shall leave the same in a neat and sanitary condition. No person over the age of four years shall use the rest rooms and washrooms designated for the opposite sex.
C. 
No person in any park shall dig, remove, mark, deface, damage, or tamper with any beach sand, whether submerged or not, or any soil, rock, stones, trees, grass, shrubs or plants, down timber or other wood or materials or minerals or make any excavation by tool, equipment, blasting, or other means or agency. The City retains all mineral rights.

§ 10-301.3 Trees, shrubbery and lawns.

A. 
No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant, or attach any rope, wire or other contrivance to any tree or plant in any City park. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area of any park.
B. 
No person in any park shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings, fences, walls, or upon any other property not designated or customarily used for such purpose.

§ 10-301.4 Wild animals, birds and reptiles.

A. 
No person in any park shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal, reptile or bird or remove or have possession of the young of any wild animal, or the eggs or nest or young of any reptile or bird, except to aid the same when in distress; provided, however, that snakes known to be deadly poisonous, such as rattlesnakes, copperheads, or other deadly reptiles, may be killed on sight.
B. 
No person shall give or offer or attempt to give to any animal or bird in any City park any tobacco, alcohol, or other known noxious substances.

§ 10-301.5 Disposal of park property.

[Ord. No. 9-1986]
Whenever the Council of the City determines that certain land and/or buildings which have been dedicated for park purposes are unused and unnecessary, the Council may authorize by ordinance the sale of such land and buildings either by public auction, sealed bids, or private sale, after holding public hearing on said sale or transfer of park property.

§ 10-301.6 Erection of structures.

[Ord. No. 9-1989; amended 6-8-2010 by Ord. No. 6-2010[1]]
In Riverfront Park no person shall construct, erect, reconstruct, alter, restore, demolish, or raze any sculpture, building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility line into, upon or across such lands, except upon special permits issued by the Departments of Building and Housing Development, Public Works and Parks, Recreation and Enrichment hereunder after review by the Historical Architectural Review Board, which will make recommendations to Council in accordance with the procedure of Chapter 7-331 relative to the Historical Architectural Review Board. This section shall not apply to playground and related equipment installed by the Department of Parks, Recreation and Enrichment or the Department of Public Works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).

§ 10-301.7 Sanitation.

A. 
No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, 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 water, any substance, matter or thing.
B. 
No person shall take into or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, or other trash in any park. Such dirt, refuse or trash shall not be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).

§ 10-301.8 Parking.

A. 
No person shall park a vehicle in any park in other than an established or designated parking area, and such use shall be in accordance with the posted directions and with the instructions of any attendant who may be present.
B. 
No person shall leave a vehicle standing or parked at night in any park, without lights clearly visible for at least 20 feet from both front and rear, on any driveway or road area except legally established parking areas.
C. 
No person shall fail to immediately notify an attendant or the police of any emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person in any park, or for any other type of emergency.
D. 
No person shall double park any vehicle on any road or parkway in any park unless so directed by a park official.

§ 10-301.9 Bicycles.

A. 
No person shall ride a bicycle in any park on other than a path designated for that purpose or a paved vehicular road. A bicyclist shall be permitted to push a bicycle by hand over any grassy area of wooded trail or on any paved area reserved for pedestrian use.
B. 
No person shall leave a bicycle lying on the ground or paving, or set against trees or elsewhere, in any place or position so as to present any obstruction to pedestrian or vehicular traffic in any park.

§ 10-301.10 Traffic.

A. 
No person in any park shall fail to comply with all applicable provisions of the Pennsylvania Vehicle Code in regard to equipment and operation of vehicles, with such regulations as are contained in other chapters of these Codified Ordinances, and with rules and regulations of the City and statutes of the Commonwealth of Pennsylvania, including the Snowmobile and All-Terrain Vehicle Law, Act of July 11, 1985, P.L. 220, as amended, 75 Pa. C.S.A. §§ 7701 through 7706, and amendments or supplements to any of the foregoing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
B. 
No person in any park shall fail to obey all police officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these Codified Ordinances and such supplementary regulations as may be issued subsequently by the Director.
C. 
No person shall fail to observe carefully all traffic and parking signs in any park.
D. 
No person shall ride or drive a vehicle in any park at a rate of speed exceeding 15 miles an hour, except upon such roads as the Director may designate by posted signs.
E. 
No person shall drive any vehicle on any area in any park except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Director.
F. 
No person shall operate or otherwise permit or enable the operation of any gas-powered motor vehicle on the portions of the Capital Area Greenbelt within the jurisdiction of the City of Harrisburg and commonly referred to as the Cameron Parkway, Riverfront Park and the Paxtang Parkway. This subsection shall not apply to gas-powered motor vehicles necessary for maintenance, law enforcement or emergency purposes, nor shall this subsection apply to gas-powered motor vehicles necessary to assist persons with limited mobility.
[Added 6-9-2009 by Ord. No. 5-2009]

§ 10-301.11 Recreational activities.

A. 
No person shall swim, bathe, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted.
B. 
No person shall frequent any waters or places designated for the purpose of swimming or bathing in any park, or congregate thereat, except between such hours of the day as shall be designated by the Department for such purposes for each individual area.
C. 
No person shall dress or undress in any park in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.

§ 10-301.12 Boating.

A. 
No person shall bring into or operate any boat, raft, or other watercraft, whether motor-powered or not, upon any waters in or contiguous to any park, except at places designated for boating by the Department of Parks, Recreation and Enrichment. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
[Amended 6-8-2010 by Ord. No. 6-2010]
B. 
No person shall use the public docks in any park or in any waters contiguous thereto for dockage or other purpose without first making arrangements for such accommodation with the Department of Parks, Recreation and Enrichment, which shall assign space and collect reasonable rental charges in conformity with established regulations and rates.
[Amended 6-8-2010 by Ord. No. 6-2010]
C. 
No person shall navigate, direct or handle any boat in any park or any waters contiguous thereto in such a manner as to annoy, frighten or endanger any bathers or the occupants of any other boat.
D. 
No person shall launch, dock, or operate any boat of any kind in any park or on any waters contiguous thereto between the closing hour of the park at night and opening hour the following morning, nor shall any person be on, or remain on or in, any boat during said closed hours of the park, unless for the purpose of fishing.

§ 10-301.13 Hunting, firearms and fishing.

[Ord. No. 34-1991]
A. 
No person shall hunt, trap or pursue wildlife in any park at any time, except in connection with bona fide recreational activities and with the approval of the Director by general or special order or rules or regulations.
B. 
No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device in any park.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
C. 
No person shall shoot or propel any object from any of the foregoing into park areas from beyond park boundaries or while in a park.
D. 
No person shall fish in Italian Lake.

§ 10-301.14 Picnic areas and use.

A. 
No person shall picnic or lunch in any park in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
B. 
No person shall violate the regulations that follow the rule of "first come, first served," unless a permit has been obtained from the Department Director.
C. 
No person shall leave a picnic area in any park before any fire started or used by such person is completely extinguished and before all dirt, garbage and trash is placed in the disposal receptacles; otherwise, the refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.

§ 10-301.15 Camping.

No person shall camp in any park in other than permanent areas for organized camping provided by the Department and used by groups of persons under adequate supervision.

§ 10-301.16 Games.

No person in any park shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, quoits, stones, arrows, javelins, or model airplanes except in areas set apart for such forms of recreation.

§ 10-301.17 Behavior.

A. 
No person shall bring into or possess in any park any alcoholic beverage or controlled substance, or drink alcoholic beverages or use controlled substances at any time in any park, except for alcoholic beverages on City Island as provided in §§ 10-303.1 and 10-303.2.
[Ord. No. 7-1987[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
B. 
No person shall carry into any park any glass containers without prior written permission from the Director.
[Ord. No. 13-1991]
C. 
No person shall bring into or have in his or her possession or set off or otherwise cause to explode or discharge or burn in any park any firecrackers, torpedoes, rockets, or other fireworks, explosives or inflammable materials, or discharge them or throw them into any such areas from land or highway adjacent thereto, except as authorized by the Director. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standards.
D. 
No person shall build or attempt to build a fire in any park except in such areas and under such regulations as may be designated by the Director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material(s) within any park area or on any highway, road or street abutting or contiguous thereto.
E. 
No person shall enter any area in any park posted as "Closed to the Public," nor shall any person use, aid or abet the use of any area in violation of posted notices.
F. 
No person shall gamble or participate in or aid or abet any illegal game of chance in any park.
G. 
No person shall go onto the ice on any of the waters of any park or areas contiguous thereto except such areas that are designated for skating and provided that skating is authorized by the Department.
H. 
No person shall engage in disorderly conduct as defined in Chapter 3-341, Disturbing the Peace, or any other activity proscribed by that code in any park.
I. 
No person shall fail to produce and exhibit any required permits from the Department for use of any park area or for any specific activity in a park upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with this chapter or any other law, ordinance, rule or regulation.

§ 10-301.18 Merchandising, advertising and signs.

A. 
No person shall expose or offer for sale in any park any article or thing, nor shall any person station or place in any park any stand, cart or vehicle for the transportation, sale or display of any article or thing, except a licensed concessionaire acting by and under the authority and regulation of the Department.
B. 
No person shall announce, advertise, or call public attention in any way to any article or service for sale or hire in any park.
C. 
No person shall paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever in any park, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park, except signs and notices of events taking place therein, or giving directions thereto, with the consent of the Department.

§ 10-301.19 Park operating policy.

A. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during hours designated by the Director. The opening and closing hours for each individual park shall be posted therein for public information. By special permit issued by the Director, persons may utilize the lower level of Riverfront Park between Maclay Street and the Dock Street Dam for night fishing after those hours when the park is posted as open to the public.
[Amended 7-3-2007 by Ord. No. 11-2007]
B. 
Any section or part of any park may be declared closed to the public by the Department at any time and for any interval of time, either temporarily or at regular and stated intervals daily or otherwise, and either entirely or merely for certain uses, as the Director shall find reasonably necessary for the maintenance and operation of the parks and the enforcement of any law, ordinance, rule or regulation.

§ 10-301.20 Permit required for assemblies and groups.

[Ord. No. 15-1992]
A. 
Organization/family/group park permit.
[Amended 10-23-2001 by Ord. No. 14-2001]
(1) 
No person shall engage in, participate in, aid, form or organize any assembly or group of 20 or more persons for any purpose, or make any public speeches in which 20 or more persons are intended to, or may be anticipated to, participate or do participate, in any park and require a reserved space or occupy a portion of a park to the exclusion of others unless a permit therefor has been obtained from the Director and unless such permit is carried by the person heading or leading such activity.
[Amended 6-8-2004 by Ord. No. 15-2004]
(2) 
Within three business days after receipt of any application, the Director or Director's designee shall either grant the permit upon such reasonable conditions as deemed appropriate or shall apprise the applicant in writing of the reasons for refusing to issue a permit. Any aggrieved person shall have the right to appeal in writing within 10 days to the Mayor, who shall consider the application under the standards set forth in § 10-301.22 and sustain or overrule the Director's decision. If the Mayor fails to act upon such appeal within five days after the same is filed, he or she shall be deemed to have sustained the appeal, and the permit shall be issued.
B. 
The purpose for requiring a permit is to enable groups to reserve an area of the park for planned activities and to provide the City better means to safeguard the health, safety and welfare of citizens who use the City's parks, and this chapter shall be interpreted in accordance with this provision. A permit will not be refused for any such purpose solely because of the nature of the organization or individual requesting the same and shall be refused only when such use would unreasonably conflict with other lawful use of the park or such use is specifically intended to result in violence or crime beyond the ability of normal public safety forces to control.

§ 10-301.21 Application for permit.

A person seeking a permit hereunder shall file an application with the Director which shall state:
A. 
The name and address of the applicant.
B. 
The name and address of the person sponsoring the activity.
C. 
The day and hours for which the permit is desired.
D. 
The park or portion thereof for which such permit is desired.
E. 
An estimate of the anticipated attendance.
F. 
Any other information which the Director shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.

§ 10-301.22 Standards for issuance of permit.

The Director shall issue a permit hereunder after making the following findings:
A. 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
B. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
C. 
That the proposed activity or use is not specifically intended to result in violence, crime or disorderly conduct.
D. 
That the proposed activity will not entail unusual, extraordinary or burdensome expense to the City.
E. 
That the facilities desired have not been reserved for other use at the day and hour required in the application.

§ 10-301.23 (Reserved) [1]

[1]
Editor's Note: Former § 10-301.23, Appeal, as amended 10-23-2001 by Ord. No. 14-2001, was repealed 6-8-2004 by Ord. No. 15-2004.

§ 10-301.24 Effect of permit.

A permittee shall be bound by all park rules and regulations and applicable ordinances as though the same were inserted in said permit.

§ 10-301.25 Liability of permittee.

The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person or by the City resulting from the activity for which such permit shall have been issued.

§ 10-301.26 Revocation of permit.

The Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or otherwise upon cause shown.

§ 10-301.27 City public park leash law for dogs and other animals.

[Ord. No. 20-1990]
A. 
Any person who is either in possession or custody of, or who is the owner of, any dog or other animal shall have said dog or other animal on a leash at all times while upon the premises of a City-owned public park.
B. 
The purpose of this section is to promote the best interests, health, safety, and general welfare of the residents of the City.
C. 
For the purposes of enforcing the provisions of this section, any warning or notice of a violation shall be given by park rangers, police officers, Department officials or any other persons authorized to enforce ordinances. Whenever a park ranger or any other official authorized to enforce this chapter observes, or by information becomes aware of, said violation, that person is hereby authorized to issue a citation pursuant to the Pennsylvania Rules of Criminal Procedure.

§ 10-301.28 Voiding animal excrement in City parks and playgrounds.

[Ord. No. 19-1990]
A. 
No person having possession, custody or control of any dog or animal, or the owner of said dog or animal, shall allow or permit any dog or other animal to void urine or excrement on any City park/playground.
B. 
Any person having ownership, possession or control of any dog or other animal which violates Subsection A shall be required to immediately remove said feces from such surface and either:
(1) 
Carry the same away for disposal in a toilet; or
(2) 
Place the same in a nonleaking container for deposit in a trash or litter receptacle.
C. 
The provisions of this section shall not apply to a guide dog accompanying any blind person or a dog used to assist any physically handicapped person or to animals used in any police or fire activities of the City.

§ 10-301.29 Distribution of literature.

[Added 10-23-2001 by Ord. No. 14-2001]
A. 
In Reservoir Park persons may distribute literature in any area except those areas for which permits have been previously issued for a private or public event.
[Amended 6-8-2004 by Ord. No. 15-2004]
B. 
In Riverfront Park persons may distribute literature in any area except those areas for which permits have been previously issued for a private or public event.
C. 
At Italian Lake persons may distribute literature in any areas except those areas for which permits have been previously issued for a private or public event.
D. 
On City Island persons may distribute literature in any areas except:
(1) 
Those areas for which permits have been previously issued for a private or public event; and
(2) 
Those areas occupied by leaseholders and park areas under leaseholders' control.
E. 
For the remainder of City parks not noted above, persons may distribute literature in any areas except those areas for which permits have been previously issued for a private or public event.

§ 10-301.30 Blocking parks or walkways while distributing literature; removal of litter.

[Added 10-23-2001 by Ord. No. 14-2001]
In no event shall anyone distributing literature block ingress or egress to any park or any commercial business or other commercial activity. Further, those distributing literature shall stand on the grass off the walkways and shall keep moving when they are on the walkways so that they will not block or otherwise impede public use and enjoyment of the walkways for activities such as jogging, bicycling, roller blading or any other activity. "Blocking" shall mean obstructing or otherwise hindering a movement of other persons or vehicles lawfully exercising their rights to utilize the walkways, driveways, or parking lots or to have access to any park or any commercial businesses or activities or other activities therein. Any and all groups and/or individuals distributing literature within a City park will be encouraged to police the grounds during and after the distribution of such literature in an attempt to keep the parks free of trash and debris.

§ 10-301.99 Penalty.

A. 
For the purposes of enforcing the provisions of this chapter, any warning or notice of a violation shall be given by park rangers, police officers, Department of Parks, Recreation and Enrichment officials or any other person authorized to enforce ordinances. Whenever a park ranger or any other official authorized to enforce this chapter observes or by information becomes aware of a violation, that person is hereby authorized to issue a citation pursuant to Rule 51 of the Pennsylvania Rules of Criminal Procedure.
[Ord. No. 19-1990; amended 6-8-2010 by Ord. No. 6-2010]
B. 
Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.