Borough of Carlisle, PA Parks and Recreation Areas

Injure, deface, disturb, befoul nor in any manner destroy or cause to be destroyed any part of any recreation, park or conservancy site owned by the Borough, nor any building, sign, structure, equipment, utility or other property found therein.

Remove, injure or destroy any tree, flower, shrub, plant or growing thing, or any rock or other mineral.

Kill, trap, hunt, pursue or in any manner deliberately disturb any wild bird or animal within the recreation, park and conservancy sites owned by the Borough, except as permitted in § 168-3B.

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 substance, matter or thing, liquid or solid, which may result in the pollution of said waters; nor dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or trash anywhere within the park and conservancy sites owned by the Borough, but rather make use of proper receptacles where these are provided, and where receptacles are not so provided, all such materials shall be carried away from the park by the person responsible for their presence and properly disposed of elsewhere.

§ 168-2 General rules and regulations.

Hours of operation. Recreation, park and conservation areas shall be open daily to the public from dawn until dusk. No person shall be present in such areas between dusk and dawn without the prior approval of the Director of Parks and Recreation unless posted differently at the park location.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

Group activity. Whenever any group, association or organization desires to use recreation or park facilities for a particular purpose, such as picnics, parties or theatrical or entertainment performances, a representative of said group, association or organization shall first obtain authorization from the Borough of Carlisle Parks and Recreation Department. Authorization shall be granted to such a group if it appears that its use will not interfere with the general use of the park by individual members of the public. Fundraising events shall be permitted on public parklands only when moneys derived from such events are solely used to benefit the community.

Use of facilities. Facilities and all areas in the Borough recreation, park or conservancy sites shall be used solely for the purpose designated or implicit in their character. Swimming or wading in streams or bodies of water not directly supervised by the Borough of Carlisle for recreation purposes, but within the boundaries of the Borough, is at the user's own risk. Special activities, including flying model airplanes, the operation of motor scooters, motorcycles, minibikes, go-carts, snowmobiles and similar vehicles, shall be permitted only at locations or trails specifically designated for such use and at times established.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

Motor vehicles. The speed limit for park roadways shall be 15 miles per hour. All motor vehicles shall be parked in areas or places provided and designated for such parking. Parking in places contrary to posted regulations and times is prohibited, and vehicles parked or used in violation hereof may be removed by the Borough at the owner's expense. All parking is prohibited after regular closing time. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within recreation, park and conservation areas except for emergency repairs.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

Fees. The Borough of Carlisle Parks and Recreation Department shall have the authority to recommend a fee schedule for use of recreation, park or conservation areas, the ultimate decision on fees and their amounts to be by Council.[1]

[1]

Editor's Note. See Ch. 120, Fees.

§ 168-3 Prohibited acts.

Fires. Fires may not be built or allowed anywhere in recreation, park or conservation areas except in stoves, fireplaces or designated areas provided for that purpose, with permission granted in advance by the Director of Parks and Recreation.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

Animals.

(1)

It shall be unlawful for owners of domesticated animals to permit same within recreation, park or conservation areas without being controlled by a leash not more than six feet long. Authorization may be obtained for the training and/or exhibition of animals in designated areas. It shall be unlawful to bring any dangerous animal into any recreation, park or conservation area. It shall be unlawful for an owner or any person having control of or being responsible for an animal to permit it to urinate or defecate within recreation, park or conservation areas.

(2)

Dogs are prohibited in Memorial Park, which is that public area bounded by West Penn Street on the south, North West Street on the west, Norfolk Southern railroad tracks on the north, and North Pitt Street on the east. The owner of any dog found in Memorial Park shall be subject to the penalties set forth in § 168-5 of this article.

[Added 8-14-2003 by Ord. No. 1997, approved 8-26-2003]

Gambling. Gambling is prohibited on recreation, park and conservation lands.

Merchandising, advertising and signs. No person shall, in recreation, park or conservation areas:

(1)

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, without authorization of the Borough of Carlisle Parks and Recreation Department.

(2)

Announce, advertise or call the public attention in any way to any article or service for sale or hire.

(3)

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 conservation area or on any public lands or highways or roads adjacent to any recreation, park or conservation area, except that the Parks and Recreation Department may place informational signs within such areas.

Aircraft. It shall be unlawful to land any private or commercial airplane or helicopter on recreation, park and conservation lands except in emergency situations and then only when the same can be accomplished without undue danger to others.

Personal conduct.

(1)

It shall be unlawful for any person in any recreation, park or conservation area to:

(a)

Endanger the safety of other persons.

(b)

Engage in a consensual fight.

(c)

Carry, possess or drink any alcohol beverage, including beer.

(d)

Prevent any person from using any park or any facilities, or interfere with such use in compliance with this article and the rules applicable to such use.

(e)

Fail to observe the rules with respect to the area in question.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

(f)

Carry or otherwise possess a firearm, providing that nothing herein shall proscribe such carrying or possession by law enforcement officials in the course of their duties. Notwithstanding the foregoing, this section shall not apply to carrying or possessing antique firearms, as such term is defined in the Pennsylvania Crimes Codes, 18 Pa.C.S.A. § 6118, as amended, in an activity authorized ("authorized activity") by the Parks and Recreation Director and the Chief of Police, subject to such conditions as the Chief shall deem necessary and appropriate for the safety of the participants and the public in general. Furthermore, notwithstanding § 124-1 of the Code of the Borough of Carlisle, an antique firearm used in an authorized activity may be fired or discharged without live ammunition or other projectile, but only after said antique weapon has been inspected and is operated in accordance with safety regulations established by the Pennsylvania Historical and Museum Commission, or its successor.

[Added 10-14-1976 by Ord. No. 1232, approved 10-14-1976; amended 5-18-2000 by Ord. No. 1922, approved 5-18-2000]

(g)

Interfere with any Borough official or employee in the performance of his or her duties.

[Added 4-9-1981 by Ord. No. 1376, approved 4-9-1981]

(h)

Refuse to obey the directions and commands of any Borough official or employee in the performance of his or her duties.

[Added 4-9-1981 by Ord. No. 1376, approved 4-9-1981]

(i)

Use, operate or allow the use or operation of any bicycle, tricycle, unicycle, skateboard, skate, roller blade or any other self-propelled device on the surface of any tennis court owned by the Borough of Carlisle.

[Added 11-10-1999 by Ord. No. 1912, approved 11-15-1999]

(j)

Display, distribute, use, chew, expectorate, discard, light or smoke any tobacco product or possess a lighted, lit or burning tobacco product.

[Added 1-12-2012 by Ord. No. 2160, approved 1-12-2012

(2)

Nothing herein shall be construed to permit any conduct now or hereafter prohibited by any law or rule, federal, state or local.

§ 168-4 Enforcement authority.

[Amended 3-10-1988 by Ord. No. 1576, approved 3-10-1988; 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

The Borough Manager and agents designated by him or her, including the Director of Parks and Recreation, shall administer the provisions of this article. The Parks and Recreation Board shall, inter alia, recommend to Council the establishment of rules and regulations for areas under its jurisdiction. The Borough Manager or his or her designated agent, may expel any person from a recreation, park or conservation area who is acting inconsistently with its purpose; any violation of this article may be prosecuted by any person, including a police officer, permitted to do so by law.

§ 168-5 Violations and penalties.

[Amended 3-10-1988 by Ord. No. 1576, approved 3-10-1988]

Any person violating any of the provisions of this article shall be subject to a fine of not more than $1,000 and costs of prosecution; in default of payment of such fine and costs not caused by indigency, the person shall be subject to imprisonment of up to 30 days. Where such violator has removed, destroyed, damaged, defaced or befouled the recreation, park or conservation area or the contents thereof, the costs 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 article in addition to the imposition of fines or costs.

Article II Land Partnerships Grant Program

[Adopted 11-8-2006 by Ord. No. 2062, approved 11-10-2006]

§ 168-6 Title.

This article shall be known and may be cited as the "Land Partnerships Grant Program Ordinance."

§ 168-7 Legislative intent.

The background of this article and the legislative intention of the Borough Council in enacting it are as follows:

The Borough of Carlisle is a Pennsylvania borough.

The Act of December 19, 1996, P.L. 1158, No. 177, referred to as the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301, et seq., provides that local governments may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities.

The Cumberland County Land Partnerships Grant Program ("program") was established by the Board of Commissioners of Cumberland County for the purpose of open space preservation and smart growth planning for the benefit of county residents.

The Borough Council determines that it is in the best interest of the public health, safety and welfare of its citizens to participate in the program.

§ 168-8 Terms of agreement.

The conditions of membership, duration, purpose and objectives of the program, including the powers and scope of authority delegated therein, manner and extent of financing, organizational structure necessary to implement the agreement and manner in which real and personal property will be acquired, managed and disposed of are set forth in the master Intergovernmental Cooperation Agreement for Municipal Participation in the Cumberland County Land Partnerships Grant Program ("agreement"), a copy of which is attached to this article as Exhibit A[1] and incorporated herein as if set forth in full.

[1]

Editor's Note: Exhibit A is on file in the Borough offices.

Any funds for the program may be appropriated by the Borough Council as it shall determine, in its sole discretion, from time to time.

Real and personal property may be acquired, managed or disposed of under this article.

Each party has the power to enter into contracts for policies of group insurance and employee benefits, including social security, for all of their employees, including those whose duties further the purposes of the program.

§ 168-9 Authority to enter agreement.

The President of the Borough Council is hereby authorized to execute all documents and perform all actions necessary to cause the Borough to enter the agreement.

§ 168-10 Severability.

If any sentence, clause, phrase or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections or parts of this article.

It is hereby declared as the intention of the Borough Council that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.

§ 168-11 When effective.

This article shall become effective as provided by law. The agreement shall be effective upon the effective date of the Intergovernmental Cooperation Ordinance last enacted by the parties.