[Ord. 2003-07, 5/6/2003, § I]
Section 2203 of the Second Class Township Code[1] provides that the Board of Supervisors may, by ordinance,
regulate the use and enjoyment by the public of any park or recreation
grounds owned and operated by the Township for the use of the public.
It is the intent, purpose and scope of this Part to ensure the preservation
of outdoor public parklands, outdoor recreation facilities and outdoor
playground areas within the Township of Plumstead, to regulate activities
within these areas consistent with the enjoyment of natural settings
and park facilities and to prevent any nuisances to the residents
of the Township of Plumstead in the use of such public parklands,
recreation facilities and playground areas.
[1]
Editor's Note: See 53 P.S. § 67203.
[Ord. 2003-07, 5/6/2003, § II]
Each person, firm or corporation using the public parks and
grounds shall clean up all debris and leave the premises in good order
and the facilities in a neat and sanitary condition. Each and every
failure to conform to the provisions of this section shall be considered
a separate violation of the provisions of this Part.
[Ord. 2003-07, 5/6/2003, § III]
1.
It shall be unlawful for any person, firm or corporation using such
parks, recreation or playground areas to either perform or permit
to be performed any of the following acts:
A.
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any building, bridges, tables, benches, railings, paving
or paving material, water lines or other public utilities or parts
or appurtenances thereof, signs, notices or placards whether temporary
or permanent, monuments, stakes, posts or other boundary markers or
other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
B.
Remove, injure or destroy any tree, flower, shrub, plant or growing
thing or any rock or other mineral, except for routine maintenance
or if approved by the Township.
C.
Kill, trap, hunt, pursue or in any manner disturb or cause to be
disturbed any wild bird or animal within the recreation, park and
conservation sites owned by the Township, except as permitted by the
Township.
D.
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake or other body of water in or adjacent
to any park or any tributary, stream, storm sewer or drain flowing
into such waters any substances, matter or thing, liquid or solid,
which may result in the pollution of said waters, or dump, deposit
or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish,
waste, garbage, refuse or trash anywhere within the park and playground
sites owned or operated by the Township, but rather make use of proper
receptacles where these are provided; where such receptacles are not
provided, all such materials shall be carried away from the park by
the person responsible for their presence and properly disposed of
elsewhere.
E.
Disturb the peace or use any profane or obscene language.
F.
Endanger the safety of any person by any conduct or act.
G.
Commit any assault or battery or engage in fighting.
H.
Bring to the park any type of weapon, including but not limited to
offensive weapons as defined in the Pennsylvania Crimes Code, 18 Pa.
C.S.A. § 908, as it may be amended, except that firearms
when carried or transported for purposes not prohibited by the laws
of the Commonwealth of Pennsylvania shall be specifically allowed
and shall be excepted from this prohibition.
[Amended by Ord. 2015-04, 1/27/2015]
I.
Violate any rule for the use of the park, recreation land or playground
areas, without prior approval of the Park and Recreation Director,
or if no Director is appointed, the Township Manager.
J.
Fires may not be built or allowed anywhere in recreation, park or
playground areas, without prior approval of the Park and Recreation
Director, or if no Director is appointed, the Township Manager.
K.
Ice hockey, except in designated areas.
L.
Swim, boat or ice skate, except where specifically permitted.
M.
Flying model airplanes, operation of motor scooters, motorcycles,
minibikes, go-carts, snowmobiles, four-wheelers, three-wheelers and
motor vehicles (except licensed motor vehicles on designated roadways
or parking lots).
N.
Playing of golf, except in designated areas.
P.
Except by the Township at a Township-sponsored event, the possession,
use or ignition of consumer or display fireworks, including sparklers
or other novelty items, is prohibited.
[Added by Ord. 2018-05, 7/24/2018]
2.
Animals may be permitted in the park or recreation area where posted
or designated by the Township. In those areas where posted, it shall
be unlawful to permit any dog to be in any such area unless such dog
is secured on a leash of not more than six feet in length. Owners
of leashed or unleashed animals, whether legally or illegally on any
park, recreation or playground area, shall be responsible for the
immediate removal and disposal of fecal matter deposited by that animal.
Notwithstanding anything to the contrary stated herein, the training
and/or exhibition of animals in designated areas shall be permitted
only by special permit of the Parks and Recreation Director or in
lieu thereof the Township Manager. Trained guide dogs for the blind
are expressly exempt from all provisions of this Part.
3.
Gambling is prohibited on recreation, park or playground areas.
4.
No person, corporation or firm shall in recreation, park or playground
areas:
A.
Offer for sale any article or thing, nor station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing, except under the authority of the Parks and Recreation
Director, or in lieu thereof the Township Manager, by application
and permit as hereinafter provided.
B.
Announce, advertise or call the public's attention in any way to
any article or service for sale or hire.
C.
Post, paste, fasten, paint, write, draw, carve, tack or affix any
placard, bill, notice, sign, advertisement or any inscription whatever
upon any structure, tree, stone, fence, thing or enclosure within
any recreation, park or playground area or on any public lands or
highways or roads adjacent to any recreation, park or conservation
area, except that the Township may place informational signs within
such areas.
5.
It shall be unlawful to land a private or commercial airplane or
helicopter on parks, recreation and playground lands, except in emergencies.
[Ord. 2003-07, 5/6/2002, § IV]
During the hours of sunrise to sunset, except as otherwise posted
by the Township, and it shall be unlawful for any person, firm or
corporation, other than Township personnel conducting Township business
therein, to occupy or be present during any hours which the park is
not open to the public. Notwithstanding the aforesaid, special permits
may be obtained from the Parks and Recreation Director, or in lieu
thereof the Township Manager, for use after the aforesaid hours or
after posted hours for specific activities in the manner and on the
terms as hereinafter set forth. Any section or part of the recreation,
park or playground areas may be declared closed to the public at any
time and for any interval of time, either temporarily or at regular
or stated intervals. During such periods of time, it shall be unlawful
to enter upon or occupy such areas or portions thereof contrary to
posted regulations or the conditions of a permit issued by the Parks
and Recreation Director, or in lieu thereof the Township Manager.
[Ord. 2003-07, 5/6/2002, § V]
Whenever any group, association or organization desires to use
recreation or park facilities for a particular purpose, such as picnics,
meetings, parties or theatrical or entertainment performances, a representative
of said group, association or organization shall first be required
to apply for and obtain a permit from the Parks and Recreation Director,
or in lieu thereof the Township Manager, for the specific use desired
in specifically designated areas as hereinafter set forth. The Board
of Supervisors may adopt an application form to be used by the Director
of Parks and Recreation, or in lieu thereof the Township Manager,
which may require an insurance certificate or other security to protect
the Township from any liability of any kind or character and to protect
Township property from damage. The Director of Parks and Recreation,
or in lieu thereof the Township Manager, shall grant permits on a
first-come-first-served basis, if it appears that the group, association
or organization will not interfere with the general use of the park
by the individual members of the public and if the group, association
or organization meets all other conditions contained in the application.
[Ord. 2003-07, 5/6/2002, § VI]
It shall be unlawful for any person to have in his or her possession,
custody or control any alcoholic beverage of any kind whatsoever.
[Ord. 2003-07, 5/6/2003, § VII]
All permits deemed necessary by the Parks and Recreation Director,
Board of Supervisors and the Parks and Recreation Board to properly
regulate Township park and recreational areas and facilities shall
be granted by the Director, or in lieu thereof the Township Manager,
upon the determination that they are not in conflict with the terms
and purposes of this Part, as follows:
A.
The Parks and Recreation Director, or in lieu thereof the Township
Manager, shall issue permits and prescribe conditions upon forms and
applications designated by himself or herself, the Board of Supervisors
or the Parks and Recreation Board.
B.
Applications for permit must be made to the Park and Recreation Office,
or in lieu thereof the Township Office, at least 10 days prior to
the use requested. Larger events and special circumstances will require
additional time to process the permit. Please consult the Park and
Recreation Office, or in lieu thereof the Township Office, at least
three months in advance to determine how much additional time will
be necessary.
C.
All permits shall be granted for a period not to exceed the time
or the duration of the anticipated use and activity.
D.
The Parks and Recreation Director, or in lieu thereof the Board of
Supervisors, shall have the authority to fix and establish a fee schedule
for permits, accept the amounts of deposits and prescribe conditions
under which deposits are collected or forfeited. All such revenues
collected for permits shall be used for park, recreation or conservation
purposes within the Park and Recreation Fund of Plumstead Township,
unless determined otherwise by the Board of Supervisors.
[Ord. 2003-07, 5/6/2003, § VIII]
The Parks and Recreation Director, or in lieu thereof the Township
Manager, and/or the Police Department of Plumstead Township under
his or her supervision, shall designate or cause to be designated
various areas of the park, playground or recreation lands and facilities
of the Township for specific purposes as hereinabove mentioned. The
same shall be accomplished by appropriate posting of signs in or about
the areas designating the uses and areas involved conspicuously so
as to provide adequate notice to the public.
[Ord. 2003-07, 5/6/2003, § IX; as amended by Ord. 2016-03, 9/13/2016]
A.
Township parks will open at sunrise and close at sunset.
B.
Fishing is permitted at ponds located within Township parks when
the parks are open.
C.
Fishing in ponds within Township parks is regulated by the laws of
the Commonwealth of Pennsylvania and the rules and regulations of
the Pennsylvania Fish and Boat Commission.
[Ord. 2003-07, 5/6/2003, § X]
The Director of Parks and Recreation and/or the Township Manager
shall administer the provisions of this Part, including the establishment
and collection of fees, preparation of application forms, issuance
and revocation of permits, promulgation of rules and regulations to
implement the provisions of this Part and all other decisions relative
thereto. When acts or conduct of individuals or groups is determined
to be in violation of this Part or rules and regulations promulgated
by the authority of this Part, or not to be in the best interests
of the recreation, park and playground area, or when such acts are
deemed to be disruptive to the surrounding neighborhood, or when such
acts or conduct affect other people, private or public property, the
Township Police, Director of Parks and Recreation, or in lieu thereof
the Township Manager, or his or her agent assigned to such area or
program shall have the authority to cause such acts to be terminated,
or to expel the perpetrators of such acts from the area, or to call
the Township Police to arrest and detain such individual or individuals,
or to file a complaint for the violation of this Part with a Magisterial
District Judge.
[Ord. 2003-07, 5/6/2003, § XI; as amended by Ord. 2004-07, 12/7/2004, § 1]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a Magisterial
District Judge 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 $60 or more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment in the Bucks County Prison not to exceed 90 days.
Each day that a violation of this Part continues or each section of
this Part which shall be found to have been violated shall constitute
a separate offense.
2.
Where such violator has removed, destroyed, damaged, defaced or befouled
the recreation, park or playground area or the contents thereof, the
cost of maintenance, repair or replacement shall be charged to such
person or group in addition to any fine. Further use of recreation
and park facilities may be denied to violators of this Part in addition
to the imposition of fines or costs. The term "person violating" as
set forth in this Part shall mean, in the case of action or activity
by any minor (herein defined as an unmarried person under the age
of 18 years), in addition to such person, the parent, parents or guardian
or any other person having lawful custody and control who knowingly
permits the violation of this Part. Such parent, guardian or person
having lawful custody and control of such minor shall be considered
separate and individually in violation of this Part.
[Ord. 2003-06, 2003, § 1; as amended by A.O.]
The Board of Supervisors of Plumstead Township hereby creates a Park and Recreation Board as authorized and to fulfill the duties described in § 16-204 below.
[Ord. 2003-06, 2003, § 2]
The Plumstead Township Park and Recreation Board shall consist
of seven Board members, all of whom reside in the Township, appointed
by the Board of Supervisors for terms of five years or until their
successors are appointed. The members first appointed shall be appointed
so that the terms of not more than two members expire annually. Members
shall serve without pay. All persons appointed shall serve their full
terms unless voluntarily resigned or removed by the Board of Supervisors
for dereliction or neglect of duty. Vacancies occurring other than
by expiration of term shall be for the unexpired term and shall be
filled by appointment by the Board of Supervisors.
[Ord. 2003-06, 2003, § 3]
The Board of Supervisors shall appoint the Chairperson of the
Park and Recreation Board to serve for a period of one year upon recommendation
by the Park and Recreation Board members. The members of the Park
and Recreation Board shall elect a Vice Chairperson and Secretary,
each to serve for a period of one year. The Chairperson shall preside
at all meetings of the Park and Recreation Board. The Vice Chairperson
shall, in the absence of the Chairperson, carry on the duties of the
Chairperson. The Secretary shall record the minutes of the Board meetings.
The authority and duties of the Park and Recreation Board shall
be as follows:
A.
To advise the Board of Supervisors on the administration of the parks
and recreation programs, if any, of the Township of Plumstead.
B.
To recommend to the Board of Supervisors a maintenance plan of the
parklands, playing fields and playgrounds.
C.
To recommend to the Board of Supervisors the introduction of new
parks and recreation programming the Park and Recreation Board believes
would be desirable for the residents.
D.
To make recommendations to the Board of Supervisors for basic policy
with respect to the Township's parks and recreation programs.
E.
To provide recommendations to the Board of Supervisors on maintenance
needs of the parks, playing fields or playground facilities.
F.
To recommend plans for facility development to the Board of Supervisors.
G.
To make recommendations to the Board of Supervisors upon any dedication,
gift or purchase of parklands.
H.
To assist the Township staff with grant applications relating to
parks and recreation facilities.
I.
To assist the Township staff with procuring sponsorship for Township
events.
J.
To assist the Township staff, as needed, at parks and recreation
programs and events.
The Board shall hold monthly meetings throughout the calendar
year, with a minimum of nine meetings per year. Four members shall
constitute a quorum. So long as there is a quorum present, the Board
may take action by motion, resolution, or recommendation to the Board
of Supervisors so long as at least four members present vote in favor
of the action, motion, resolution or recommendation.
