Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 4-9-1979 by Ord. No. 249. Amendments noted where applicable.]
GENERAL REFERENCES
Park and Recreation Board — See Ch. 31.

§ 106-1 Purpose.

This chapter is hereby adopted by the Township of Lower Providence for the purpose of prescribing rules and regulations governing the use of park and recreation facilities in the township. The park and recreation facilities are for the benefit, pleasure and convenience of the public; therefore, detailed rules and regulations are required for the purpose of providing for the safety and general welfare of those using such parks and recreational facilities.

§ 106-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DIRECTOR
Refers to the Director of Parks and Recreation or, in the absence of the Director, the Township Manager.
PARKS AND RECREATION
Includes all lands, waters and facilities under the control of the Department of Parks and Recreation or that may come under its control while this chapter is in effect.
PERSON
Refers to individual persons, groups or organizations who shall request use of the facilities as indicated in this chapter or who shall use such facilities.

§ 106-3 Hours.

A. 
Areas used during the day shall be open between the hours of 8:00 a.m. and sundown unless written authorization is obtained from the Director.
B. 
Areas used at night shall be opened as posted at such facilities or by permit obtained from the Director.
C. 
Any township park or facility that becomes hazardous for public use due to weather, fire, water, construction or other conditions may be closed at the discretion of the Director. Whenever possible, 24 hours' notice of the closing will be given to persons holding facility permits for use of such facility.

§ 106-4 Use of facilities.

A. 
The Director shall schedule the use of all group-use facilities, including but not limited to ballfields, picnic pavilion and amphitheater. If such facilities are not scheduled, they would be available to the public. See § 106-9.
B. 
Township residents shall receive priority in the use of park and recreation facilities when applicable.
C. 
Only charcoal fires shall be permitted in barbecue grills and shall be closely monitored and completely extinguished by the user before the site is vacated.

§ 106-5 Park regulations.

A. 
Use or possession of alcoholic beverages or narcotics is prohibited. Persons under the influence of alcohol or narcotic drugs may be prohibited from entering or using the parks.
B. 
Abusive, indecent or threatening language or any indecent act shall be prohibited.
C. 
Trapping, the carrying or use of bows and arrows, slings, slingshots, fireworks, and other weapons except firearms are prohibited. The use of firearms and/or hunting is regulated under the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6101 et seq., and/or the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq.
[Amended 3-19-2015 by Ord. No. 624]
D. 
Pets must be on a leash unless otherwise prohibited, and all droppings must be cleaned up.
E. 
All trash, garbage and litter shall be deposited in the refuse cans provided. Scattering, dropping, dumping or leaving any trash, litter or substance of any kind or polluting or dumping any matter into park waters and any portion of any park by any person is prohibited.
F. 
Intentionally breaking, cutting down, removing or in any manner injuring or defacing any ornament, tree, plant, shrub, fern, flower and turf is prohibited.
G. 
Damaging, destroying, defacing, adding to or removing from any park property, including equipment, facilities and the natural environment, is prohibited.
H. 
No person shall deface or destroy any notices, rules or regulations for the regulation of a park system posted or in any manner permanently fixed within the limits of the same.
I. 
Disturbance of waterflow in streams, pools, ponds or basins is prohibited.
J. 
Disturbance of birds' nests, eggs or any other wildlife habitat is prohibited.
K. 
Erection of any temporary or permanent structure, such as tree houses or platforms, clubhouses, goalposts, fences, etc., is prohibited unless written authorization by the Director is provided. See §§ 106-9 and 106-10.
L. 
Modifying any present structure or facility is prohibited without the written authorization from the Director. See §§ 106-9 and 106-10.
M. 
Foot or bicycle traffic in unlighted areas after sundown shall be prohibited.

§ 106-6 Vehicle restrictions.

A. 
Operating or parking any vehicle while on park property in an unauthorized, reckless or negligent manner or in excess of the posted speed or in such a manner as to become a nuisance to other park users is prohibited.
B. 
The following shall be defined as operating in an unauthorized manner:
(1) 
Operating on areas other than cartways especially designed and constructed for vehicular traffic. This shall not apply to vehicles of the township and authorized emergency vehicles.
(2) 
Washing, repairing or servicing of vehicles is prohibited in parks. Abandonment of such vehicles is prohibited. If mechanical disablement occurs, immediate steps must be taken for removal.
C. 
All other laws pertaining to motor vehicles in general shall be enforced by Lower Providence Township police on park property.
D. 
All nonlicensed motorized vehicles are prohibited in all park areas. Horses, snowmobiles and mopeds are especially prohibited and barred from any and all park properties. Licensed motorbikes and motor vehicles are restricted to posted parking areas. Bicycles are allowed on designated bicycle paths.

§ 106-7 Commercial traffic, soliciting and advertising.

Commercial traffic, the posting of signs, the distributing, selling, servicing or renting of any commodity whatsoever or soliciting for any purpose is prohibited on all park grounds unless permitted under §§ 106-9 and 106-11 of this chapter.

§ 106-8 Advertised assemblies.

No gathering or meeting of any kind assembled through advertisement shall be permitted in a park or recreation facility without written authorization from the Director.

§ 106-9 Permits; fees.

A. 
Permits are available from the Director for the following:
(1) 
Reservations of group-use facilities: ballfields, basketball courts, picnic pavilion, amphitheater, multipurpose fields, tennis courts and any others that will be built.
(2) 
Erection of temporary or permanent structures. See § 106-10.
(3) 
Modification of present facilities. See § 106-10.
(4) 
Use of special equipment such as generators, sound systems and the like.
(5) 
Posting of signs.
(6) 
Sale of refreshments and retailing items. See § 106-11.
(7) 
Planting of trees and shrubs.
B. 
Fees for permits as determined and approved by the Board of Supervisors shall be posted in the Township Office, and a copy shall be provided with each permit request. These fees may consist of a deposit or bond against damages, a fee for electricity, special services or equipment rental. See § 106-13.
C. 
A complete copy of the rules and regulations as set forth in this chapter shall be provided each applicant with his approved permit.
D. 
Issuance of a permit does not exempt any person from any of the rules or regulations as set forth in this chapter.
E. 
Issuance of a permit in no way states, implies or guarantees that the Director may not close down a park or recreation facility that becomes hazardous or questionable for public use due to weather, fire, water, construction or other conditions as set forth in § 106-3.

§ 106-10 Erection of temporary and permanent facilities.

A. 
Erection of temporary backstops, goalposts, crowd-control fences and barriers is allowable by permit with the following restrictions:
(1) 
Permits must be secured no later than 48 hours prior to the erection of said structures.
(2) 
Specific dates must be included in the application for both the installation and removal of said structures.
(3) 
Temporary structures shall not be in place for a period of time greater than specified on the permit and shall be removed no later than the date given for removal on the permit. Structures not removed as aforesaid shall be removed by the Director, and the charge for such removal shall be payable by the person making the application for the permit.
(4) 
All temporary structures shall be kept in good repair and shall be repaired, replaced or removed by the applicant within 72 hours of any reported damage.
(5) 
Permits for the erection of temporary structures shall be granted based on their intended use, the function or use of the area where requested, their compatibility with the area and their impact on the use of the park and public safety. Permits for erection of temporary structures must be approved by the Director.
B. 
Erection of permanent facilities and structures, modification of present facilities, the planting of trees, shrubs, sod and any other action with permanent or lasting impact on the park is allowable only by permit with the following restrictions:
(1) 
All permanent additions or alterations shall be considered in light of future development plans for the area intended and in the comprehensive plan for the parking system of Lower Providence Township.
(2) 
Permanent structures shall conform to all township, county, state or other prevailing codes applicable.
(3) 
All plans for permanent improvements shall be reviewed by the Parks and Recreation Board and Director for their consideration and approval. Final consideration and approval shall be made by the Board of Supervisors.
(4) 
Inasmuch as all park properties are public property and are maintained for the use and enjoyment of all residents, it shall not be permissible for any person or group or organization to erect or maintain the use of any facility and/or structure for restricted usage. All improvements shall become the property of the township and come under the control of the Parks and Recreation Department. In the event a private party or organization wishes to make substantial investments in the improvement of a park facility or construction of an approved structure, arrangements can be made to give priority in scheduling the use of that facility or structure to the donor for a period of time not to exceed 12 calendar months. This priority scheduling for use of such facility and/or structure can be renewed for additional twelve-month period by the approval of the Parks and Recreation Board and Director. At the conclusion of the approved priority period and in the event of the failure to renew the priority by the Parks and Recreation Board and Director, said donor shall relinquish any claim for priority in scheduling the use of the improved area and shall be subject to the same scheduling sequences and priorities as all other applicants. The terms for priority scheduling shall be agreed to in writing prior to the commencement of any improvements.

§ 106-11 Permits for food services and retailing.

A. 
Permits are required to sell any food and retail item. All profits must go to the organization sponsoring the fundraising events. Permits may be issued for the following:
(1) 
Sales of refreshments and retail items during games, practices and other park-centered activities.
(2) 
Sales of admission tickets.
B. 
Issuance of a permit by the Director in no way absolves the applicant from procuring additional permits or conforming to regulations as required by the township, county, school district or any other governing bodies having jurisdiction in the retailing of food or merchandise.

§ 106-12 Specialty areas.

The general park system contains a number of specialty areas, including but not limited to hike/bike trails, amphitheater, tennis courts, picnic pavilion and baseball fields, each requiring specific regulations concerning proper use of that individual facility. This chapter shall in no way restrict the Director from formulating and posting restrictions for those specific areas in addition to the general restrictions in this chapter.

§ 106-13 Reservation fees.

The following reservation permit fees will be charged to the applicant for the use of the group-use facilities. All money collected will be returned to the applicant upon inspection of the facility after its use. If any section of this chapter has been violated, the permit fee will not be returned, and the permit may be revoked for the remainder of its term. See § 106-14 for other penalties.
A. 
Reservation deposits as established by Township resolution.
[Amended 6-16-2005 by Ord. No. 526]
B. 
These fees are required at the time of filing for reservations.
C. 
Other fees and charges may be levied for use of electricity, special services and equipment rental if needed.
D. 
Events sponsored by the Methacton School District are exempt from all fees and charges unless the event is a fundraising program.

§ 106-14 Violations and penalties; liability.

A. 
Any person violating any of the foregoing sections or subsections of this chapter shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not more than $300 and costs of prosecution.
B. 
In addition to the above, the Parks and Recreation Board and Director, in lieu or in addition to the above penalties, may impose restrictions or limitations on the permit granted to such person. The permit may be revoked and the deposit forfeited to the township.
C. 
Any person who violates any of the foregoing rules and regulations to the injury of township property or to the person or property of any other person shall be liable for such injury in addition to payment of the fines and penalties set forth in this section. This section shall not be construed to limit such liability in any manner.