Borough of Denver, PA Chapter 133 Parks, Recreation Areas and Other Borough Property

[HISTORY: Adopted by the Borough Council of the Borough of Denver 8-25-2003 by Ord. No. 527. Amendments noted where applicable.]

§ 133-1 Definitions and word usage.

A. The following terms shall have the meanings indicated:

BOROUGH

The Borough of Denver, Lancaster County, Pennsylvania.

BOROUGH COUNCIL

The Council of the Borough or its designee.

BOROUGH PARK

Any Borough-owned or -leased property, facility, or open space used for recreation or any other purposes including but not limited to the Denver Municipal Building, all lands associated with the operation of the water system or sewer system, Denver Memorial Park and Playground, the Denver Memorial Park Annex, the Bon View Estates Linear Park, the 4th Street Playground, the Denver Community Pool and any future lands owned or leased by the Borough for park and recreation purposes.

[Amended 7-26-2010 by Ord. No. 592[1]]

DENVER BOROUGH RECREATION BOARD

The Recreation Board or its designee.

DENVER MEMORIAL PARK TRUSTEES

The Denver Memorial Park Trustees or its designee.

PERSON

Any individual, corporation, association, partnership, firm, trust, estate or legal entity whatsoever which is recognized by the laws as the subject of rights and duties and the officers of such corporation and the members of such partnership or association.

[1] Editor's Note: This ordinance also amended the chapter title to include "other Borough property."

B. As used in this article, words expressed in the singular include their plural meaning, and words expressed in the plural include their singular meaning. Words in the masculine gender include the feminine gender and neuter.

§ 133-2 Regulations for conduct of persons within Borough parks.

From and after then enactment of this article, the following regulations shall be in effect for the proper conduct or behavior of all persons using any facilities of the Borough or being upon any Borough park:

A. No person shall permit any dog or other animal except wildlife to run at large on any Borough park. Any person who shall bring any dog or other animal onto any Borough park shall at all times attend to and maintain control of such animal. Any person who brings a dog or other animal onto any Borough park shall remove all feces deposited by the animal.

B. No person shall shoot at, chase, catch, or intentionally injure or kill or attempt to shoot at, chase, catch or intentionally injure or kill with or without dogs, any bird or animal.

C. No person shall swim, wade, or bathe at any unauthorized location.

D. No person shall engage in any unlawful gambling.

E. No person shall transport, possess, drink or be under the influence of malt or brewed beverages, spirits, liquors or wine.

F. No person shall break, cut, deface, disturb, injure or take any flower, fruit, plant, tree, shrub, bench, building, fence, monuments, or other structure or apparatus.

G. No person shall remove, damage, or vandalize anything natural or physical in any Borough park.

H. No person shall deface or destroy any posted or permanently fixed signs or notices.

I. Smoking tobacco and the use of electronic cigarette devices (vaping) is hereby prohibited in all public parks, playgrounds, and recreation areas in the Borough of Denver. Whoever violates this subsection immediately shall be ejected from the park, playground and/or recreation area and shall, upon conviction thereof before a District Magistrate, be sentenced to pay a fine of not less than $25 nor more than $600 and the cost of prosecution for each offense under this subsection.

[Amended 9-26-2022 by Ord. No. 676]

J. No person shall discard matches, cigars, or cigarettes in any area.

K. No person shall leave any cans, bottles, broken glass, paper or rubbish of any description. All refuse shall be removed from the site by the person or party that generated same before leaving the Borough park or placed in trash receptacles if provided.

L. No person shall discard any refuse, dead animal, or offensive matter or substance of any kind.

M. No person shall post or erect any bills, notices or advertising matter of any kind. This shall not apply to notices placed by employees of the Borough engaged in the performance of their duties.

N. No person shall stand or park any vehicle except at those places designated therefore.

O. No person shall violate any posted rules for or misuse any picnic area, play field, or other recreational area.

P. No person shall wash, wax or repair any motor vehicle, except for emergency repairs.

Q. No person shall operate any vehicle at any place other than authorized roadways or special areas designed for operation of such vehicles. The speed limit shall be no more than 10 miles per hour.

R. No person shall engage in fighting or noisy, boisterous, reckless, negligent, immoral, or indecent conduct, including language offensive to members of the general public; nor shall any person congregate in any area or in a manner which will hamper the free movement of pedestrians, or commit any public nuisance.

[Amended 6-12-2023 by Ord. No. 683]

S. No person shall abandon any vehicle within the limits of any Borough park or roads abutting said Borough park.

T. No person shall commit any unlawful act as designated by the Federal Government, the Commonwealth of Pennsylvania, or the Borough of Denver.

U. No person shall horseback ride except on the right (side) berm of roads that are open to public vehicles. All solid waste shall be removed by the rider.

V. No person shall use any Borough park facilities for anything other than the intended purpose.

W. No person shall ride upon or utilize in any manner upon any Borough park any pedalcycle, skateboard, scooter, roller skates, or street skates except in areas designated for such use. It shall be unlawful for any person to ride upon or utilize in any manner any pedalcycle, skateboard, scooter, roller skates, or street skates without the posted safety equipment.

X. No person shall enter upon any Borough park or the Park Annex at any time when signs or posted rules and regulations prohibit entry, except that persons may use the lighted portions of the trails at any time.

[Added 7-16-2020 by Ord. No. 592; amended 6-12-2023 by Ord. No. 683

§ 133-3 Activities permitted only with prior authorization.

The following activities are permitted within a Borough park only with express prior authorization. The Denver Memorial Park Trustees shall authorize activities in the Denver Memorial Park and Playground. The Denver Borough Recreation Board shall authorize activities in the other Borough parks.

A. No person shall discharge within any Borough park any firearms as that term is defined by § 6120(b) of the Pennsylvania Uniform Firearms Act, except for the justifiable use of force as authorized by Chapter 5 of the Pennsylvania Crimes Code. No person shall use or possess within any Borough park any bow and arrow, slingshot, air gun or any other device (other than firearms as defined above) capable of throwing any projectile of any sort, including the hand throwing of rocks or stones intended to be used as weapons. This section shall not be operative in any specific area now designated or to be designated in the future by the Borough as a rifle range, archery range, or any other specific area whose purpose is to allow the activities otherwise prohibited by this section.

[Amended 7-26-2010 by Ord. No. 592; 9-26-2022 by Ord. No. 676]

B. No person shall gather or remove any wood, turf, grass, soil, rock, sand, or gravel.

C. No person shall make or kindle open fires except in picnic stoves or enclosed fireplaces in designated areas unless specifically authorized. All fires must be extinguished before leaving.

D. No person shall sell or rent or service or offer for sale or rent or service any merchandise, article or thing whatsoever. This shall not apply to authorized concessionaires.

E. No person shall engage in camping unless authorized.

F. No person shall operate electric generators or chain saws or other powered implements unless authorized.

G. No person shall have or conduct any live musical, theatrical or other entertainment or exhibit, instruct, compete, demonstrate or allow a special event unless authorized and all necessary permits have been obtained.

H. No person shall operate ATVs, snowmobiles, minibikes, go-carts, and/or unregistered motorized land or air vehicles at any place upon any Borough park unless authorized. Class II and Class III motorized bicycles are specifically prohibited.

[Amended 9-26-2022 by Ord. No. 676]

I. No person shall create or place fixed or temporary structures unless authorized.

J. No person shall park, or allow to park, any vehicle within any Borough park unless such person is legally and actively utilizing such Borough park, engaged in business with the Borough, or has received authorization.

§ 133-4 Hours.

[Amended 10-8-2012 by Ord. No. 606]

A. Except as set forth in § 133-4B, the Denver Memorial Park shall be open daily to the public according to the following schedule unless the Denver Memorial Park Trustees grant special permission:

(1) November 1 through March 31: 7:00 a.m. to 5:00 p.m.

(2) April 1 through October 31: 6:00 a.m. to 9:00 p.m.

B. The lighted portion of the trail in the Denver Memorial Park shall be open daily at all times.

C. The Denver Community Pool is open during the posted hours unless the Denver Borough Recreation Board grants special permission.

D. The Denver Park Annex, the Bon View Linear Park, and the North 4th Street Playground shall be open daily to the public according to the following schedule unless the Denver Borough Council grants special permission:

(1) November 1 through March 31: 7:00 a.m. to 5:00 p.m.

(2) April 1 through October 31: 6:00 a.m. to 9:00 p.m.

E. All other Borough parks shall be open daily to the public according to the following schedule unless the Denver Borough Council grants special permission:

(1) November 1 through March 31: 7:00 a.m. to 5:00 p.m.

(2) April 1 through October 31: 6:00 a.m. to 9:00 p.m.

F. Notwithstanding the time limitations set forth in § 133-4A and C through E, if Denver Memorial Park Trustees (for the Denver Memorial Park) or Denver Borough Council (for all other parks) has granted permission for an organized activity, including, but not limited to, practices and/or games of sports teams, or identified special programs or events, persons participating in the allowed organized activity or identified special program or event may remain within the park during the length of the organized activity or identified special program or event. Such persons shall promptly exit the park at the conclusion of the organized activity or identified special program or event if such organized activity or identified special program or event concludes after 5:00 p.m. November 1 through March 31 or after 9:00 p.m. April 1 through October 31.

§ 133-5 Violations and penalties.

A. Any person convicted of a violation of any of the provisions of this article shall, upon conviction thereof, before a District Justice, be sentenced to pay a fine of not less than $25 nor more than $600 and the cost of prosecution for each and every offense, plus the cost of all damages inflicted upon the Borough park. Upon summary conviction, the person found guilty may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.[1]

[Amended 7-29-2013 by Ord. No. 612]

[1] Editor’s Note: See 53 P.S. § 48321(6).

B. Any person who shall violate § 133-2W shall also be subject to the following penalties:

(1) First offense. The pedalcycle, roller skates, street skates, skateboard, or scooter shall be impounded by the Police Department for a period not to exceed 15 days;

(2) Second and subsequent offenses. The pedalcycle, roller skates, street skates, skateboard, or scooter shall be impounded by the Police Department for a period not to exceed 30 days and/or the user shall be sentenced to pay a fine of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Borough.

C. Enforcement.

[Added 6-12-2023 by Ord. No. 683]

(1) Upon receipt from the Chief of Police or his designate of a written report indicating that any person has violated § 133-2 B, E, F, G, R, T, or X, Borough Council shall authorize the Borough Manager to send a letter to the individual, or to the parents of the individual if the individual is a minor, barring the individual from Denver Borough parks for a period of one year, effective on the date of the letter. The letter shall be sent by both certified and regular mail.

(2) In the event that the individual is prosecuted before a District Justice, or if there is an adjudication of delinquency under the Juvenile Act,[2] the Borough Manager shall extend the period of exclusion for an additional one year.

[2] Editor's Note: See 42 Pa.C.S.A. § 6301 et seq.

(3) Violation of the letter shall carry the penalties associated with defiant trespass.

(4) Any person who wishes to challenge the exclusion shall have the right to appeal to Borough Council by sending a letter to the Borough Manager within 30 days of the date of mailing of the letter by the Borough Manager.