Borough of Ephrata, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 2-7-1976 by Ord. No. 1026. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 119.
Animals — See Ch. 123.
Open burning — See Ch. 147.
Firearms — See Ch. 173.
Skate parks — See Ch. 222.
Peace and good order — See Ch. 227.
Skateboards and human-powered devices — See Ch. 265.
Solid waste — See Ch. 271.
Trees — See Ch. 297.
Vehicles and traffic — See Ch. 305.

§ 221-1 Definitions and word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE
A simulated tobacco product also known as an E-cigarette, personal vaporizer (PV), or electronic nicotine delivery system (ENDS); a battery-powered device which simulates tobacco smoking by producing a vapor that resembles smoke. It generally uses a heating element known as an atomizer, which vaporizes a liquid solution. Solutions commonly contain a mixture of propylene glycol, glycerin, nicotine, and flavorings. Others may release a flavored vapor, without nicotine.
[Added 8-11-2014 by Ord. No. 1509]
RECREATION AREAS
Includes any park, playground or other place or facility maintained and operated by the Borough of Ephrata as a place for recreation, relaxation and/or the enjoyment of nature and the out-of-doors.
SIMULATED TOBACCO PRODUCT
Products that imitate or mimic tobacco products, including, but not limited to, electronic cigarettes.
[Added 8-11-2014 by Ord. No. 1509]
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.[1]
[1]
Editor's Note: Original Sec. 2, Board of Park, Playground and Recreation Areas Established, which immediately followed this subsection, was deleted 4-8-1996 by Ord. No. 1279.

§ 221-2 Authority to adopt rules and regulations; posting of regulations.

[Amended 4-8-1996 by Ord. No. 1279]
A. 
There is hereby conferred upon the Borough Council the power to prescribe rules and regulations, not inconsistent with the hereinafter stated rules and regulations, as to the hours of opening and closing, the designation of locations for particular activities, prohibition of certain activities, provision for permitting overnight camping, regulations on open fires and general and/or special use of any recreation area or any other Borough-owned or -supervised property by any individual or group.
B. 
The Borough Council shall have the power to prescribe rules and regulations, not inconsistent with the hereinafter stated rules and regulations, for the use and operation of the summer playhouse, community swimming pool and snack bars, including, without limitations, regulations as to the hours of opening and closing, the charging of fees for particular use, the sale of supplies and food and the general operation of these facilities.
C. 
It shall be a violation of this chapter for any person or group to violate any of said rules and regulations so adopted by the Borough Council and posted conspicuously at an entrance to the various areas, facilities or property.

§ 221-3 Availability and use of recreation areas.

[Amended 4-8-1996 by Ord. No. 1279]
Every recreation area shall be made available for the use of any individual under the terms of this chapter and of rules and regulations of the Borough Council and under the direction of individuals appointed as supervisors of the specific recreation areas and for the use of any group that shall have made application and received written approval from the office of the Borough Manager or the Director of Recreation upon such terms, conditions and regulations prescribed in this chapter or established by the Borough Council.

§ 221-4 Prohibited acts.

It shall be unlawful for any person, while in any recreation area or other property owned or supervised by the Borough or using any facility thereof, to do or cause to be done or performed any of the following acts or deeds:
A. 
To cut, mutilate, destroy or remove any tree, shrub, flower or other growing thing.
B. 
To deface or destroy any sign, poster, equipment, building, article of furniture or other facility.
C. 
To bring or cause to be brought into any recreation area any intoxicating liquor, beer or wine. The provisions of this § 221-4C shall not apply to the not-for-sale supply and consumption of beer and wine within the Eicher Arts Center and the Ephrata Performing Arts Center facilities and the immediate environs of each facility during the course of each Center’s events, performances, functions and leased activities.
[Amended 7-10-2006 by Ord. No. 1413]
D. 
To permit a dog to run at large or to excrete within a recreation area.
E. 
To hunt or to possess within any recreation area any air gun or bow and arrow unless such area has been set aside for such purpose and then only according to special regulations for such particular area. The possession and use of any firearm within any recreation area shall be subject to all applicable provisions of the Pennsylvania Uniform Firearms Act of 1995, Title 18 Pa.C.S.A. § 6101 et seq. as the term "firearms" is therein defined.
[Amended 4-13-2009 by Ord. No. 1454]
F. 
To litter or to deposit any garbage, rubbish or other refuse on the premises, except in designated containers.
G. 
To park any vehicle other than in a designated parking space.
H. 
To drive a vehicle through any area faster than 15 miles per hour or without regard to traffic signs or directions of a traffic or police officer.[1]
[1]
Editor's Note: Original Sec. 5(i), regarding indecent language and immoral acts, which immediately followed this subsection, was deleted 4-8-1996 by Ord. No. 1279.
I. 
To carry on or enter into gambling.
J. 
To dig in any recreation area for any purpose, including worms for fishing bait.
K. 
To start or maintain open fires except where facilities have been provided and then only after special permission has been secured from the Borough Manager or Director of Recreation.
L. 
To go or to be within any recreation area or other property prior to the opening or after the closing hour established and posted for that particular area or property except by special permission granted by the Borough Manager or Director of Recreation.
M. 
To camp overnight in any recreation area without first obtaining permission from the Borough Manager or Director of Recreation.
N. 
To fail promptly to obey any lawful order of any park attendant, administrative officer, supervisor, special police or Borough police officer.
O. 
To fight or engage in any violent or tumultuous behavior.
[Amended 4-8-1996 by Ord. No. 1279]
P. 
To use any article of furniture for any purpose other than that for which it is intended, which prohibited acts shall include but not be limited to sitting or standing on table tops.[2]
[2]
Editor's Note: Original Sec. 5(r), regarding sitting in or on parked cars, which immediately followed this subsection, was deleted 4-8-1996 by Ord. No. 1279.
Q. 
To use or operate any motorbike, trail bike or motorcycle except upon a park trail marked and designated for the purpose.
R. 
To use any tobacco product or simulated tobacco product of any kind except within such posted designated areas specifically authorizing such act.
[Amended 8-11-2014 by Ord. No. 1509]

§ 221-5 Violations and penalties.

[Amended 4-8-1996 by Ord. No. 1279]
Any person who shall violate any provision of this chapter or of any rule or regulation of the Borough Council that shall be adopted and posted as herein provided shall be guilty of an offense and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.