[Ord. 1981-10, 9/9/1981, § 1]
PARK
A park, reservation, playground, recreation center or any other area in the Township, owned or used by the Township, and devoted to active or passive recreation or leisure activity.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Lower Swatara, Dauphin County, Pennsylvania.
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 Township.
[Ord. 1981-10, 9/9/1981, § 2; as amended by Ord. No. 608, 11/15/2023]
Park rules and regulations shall be recommended and approved by resolution of the Board of Commissioners of Lower Swatara Township from time to time, and shall apply to all public parks, play fields and other recreational areas within the Township of Lower Swatara.
[Ord. 1981-10, 9/9/1981, § 3; as amended by Ord. 448, 11/15/2000]
1. 
Permits shall be obtained from the Township Manager for certain uses made of the Township parks under the following circumstances:
A. 
No person shall engage in, participate in, aid, form or make any public speeches, or conduct any musical program or festivals in which 25 or more persons are intended to, or may be anticipated to participate or do participate, in any park unless a permit has been obtained from the Township Officer and unless such permit is carried by the person heading or leading such activity.
B. 
Use by any person of facilities, such as but not limited to athletic fields and pavilion, if such is desired to be exclusive by such person, shall require a permit.
(1) 
Nonresident pavilion rental (large or small) shall be in an amount as established from time to time by resolution of the Board of Commissioners.
(2) 
Resident pavilion rental (large or small) shall be in an amount as established from time to time by resolution of the Board of Commissioners.
(3) 
Any entity, organization, association, whether formally registered or not, wishing to utilize the fields is required to have liability insurance covering the activity for which the field is to be used, provide proof thereof to the Township and execute a waiver of liability and agree to hold the Township harmless as to all participants in the event of any claim.
[Amended by Ord. No. 608, 11/15/2023]
(4) 
Nonresidents of the Township or any organization using any park facilities for profit making purposes will be permitted to use park lights only upon approval of application to the Township and payment of the required fee.
C. 
Any activity which is desired to be conducted as an exception to a prohibited use or activity under this Part shall require a permit.
2. 
Application. A person seeking a permit hereunder shall file an application with the Township officer. The application shall state:
A. 
The name and address of the applicant.
B. 
The name and address of the person and/or organization 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 Township shall find reasonably necessary to a fair determination as to whether a permit should issue hereunder.
3. 
Standards for Issuance. The Township shall issue a permit hereunder when it finds:
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 Township.
E. 
That the facilities desired have not been reserved for other use at the day and hour required in the application.
F. 
Proof of insurance when required.
4. 
Appeal. Within 60 days after receipt of an application, the Township Office shall either grant the permit upon such reasonable conditions as it deems appropriate, or shall apprise the applicant in writing of its reasons for denial within 10 days to the Township Board of Commissioners who shall consider the application and sustain or overrule the decision of the Township Office. If the Board of Commissioners fails to act upon such appeal at its next regularly scheduled meeting after it is filed, it shall be deemed to have sustained the appeal and the permit is issued.
[Amended by Ord. No. 592, 4/1/2020; and by Ord. No. 608, 11/15/2023]
5. 
Revocation. The Township shall have the authority to revoke a permit upon finding a violation of any rule or ordinance or otherwise upon cause shown.
6. 
Purpose. The purpose for requiring a permit is to enable groups to preserve an area of the park for planned activities and to provide the Township of Lower Swatara better means to safeguard the health, safety and welfare of citizens who use the Township's parks, and this Part 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 parkt area or such use is specifically intended to result in violence or crime beyond the ability of normal public safety forces to control.
7. 
Inspection of Permit. No person shall fail to produce and exhibit any required permit from the Township for use at 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 Part.
[Ord. 1981-10, 9/9/1981; as amended at time of adoption of Code (see Ch. AO)]
Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not less than $300 nor more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.