Township of West Goshen, PA Chapter 57 Parks and Recreation Areas

[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 5-12-1971 by Ord. No. 1-1971; amended in its entirety 6-13-1973 by Ord. No. 4-1973. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Park and Recreation Board — See Ch. 10.

§ 57-1 Purpose.

The purpose of this chapter is to provide for both the present and future designation of certain township-owned areas as parks or recreation areas and to provide for the establishment of rules and regulations for the use thereof by the public.

§ 57-2 Designation of land for park and recreation purposes.

A. All real estate owned by the Township of West Goshen now established or hereafter designated as parks or recreation areas shall be controlled by the rules and regulations hereinafter established.

B. The Township Secretary shall maintain a list of all areas designated as parks or recreation areas, which list shall be open to public inspection during regular business hours and shall particularly describe that real estate so designated as parks or recreation areas.

C. All real estate now owned or hereafter acquired by the Township of West Goshen and designated as parks or recreation areas by resolution of the Board of Supervisors shall, upon conveyance of title thereto to the township and without the necessity of further action by the Board of Supervisors, be governed by the provisions of this chapter and the rules and regulations established herein.

D. Any real estate which is to be acquired by the township for parks or recreation areas shall be deemed by the Board of Supervisors to be suitable for such purpose, shall be owned by the township and shall not be dedicated to or acquired for other purposes.

§ 57-3 Rules and regulations.

[Amended 9-10-1996 by Ord. No. 9-1996]

The following rules and regulations are hereby established for the management and protection of the township's public parks and recreation areas (collectively referred to herein as the "parks"). These regulations apply to all real property, including land, waters, structures, buildings and all other facilities, owned by West Goshen Township and used, operated and maintained by it for park and recreation purposes.

A. Hours of operation. The parks shall be open daily to the public from sunrise to sundown. At sundown, all activities in the parks, with the exception of those activities under the direct supervision of the Park and Recreation Board or by those persons issued validly existing permits or other written authorization by the township as hereinafter provided, shall cease; and all unauthorized persons in the parks shall promptly leave. Except as above provided, no person, other than authorized township employees, shall be in the parks between the hours of sundown and sunrise.

B. Protection of park property. No person shall injure, deface, remove, cut, dig or damage any of the trees, plants, shrubs, turf, earth, sand, buildings, structures, fixtures or other park facilities.

C. Removal of park equipment. No person shall remove any bench, seat or table or other recreational equipment or facility from the parks or change the location thereof without the written permission of the Parks' Superintendent or other authorized representative of the Board or at his direct instruction in his presence.

D. Disorderly conduct prohibited. No person shall conduct himself within the parks by making or causing to be made any loud, boisterous or unseemly noise or disturbance which annoys or has the consequence of annoying any other person lawfully in the parks. Any person violating this provision or who violates any provision of the Pennsylvania Crimes Code or any township ordinance proscribing disorderly conduct, harassment, disturbance of the peace or other crime against persons or property may be immediately expelled from the parks by the Superintendent of Parks or his designee or a police officer.

E. Permits required.

(1) No person and no group or organization composed of 25 or more persons shall hold any meeting, gathering or activity (hereafter "activity") assembled through public or private advertisement or notice, whether written, oral or electronic, within the parks without first having made written application to and having been issued a valid permit by the Township Manager or his designee. The permit application shall specify the sponsoring person or organization, the approximate number of persons attending the activity, the hours for which the activity is scheduled, the nature of any equipment which the permittee intends to bring to the park in connection with the activity, the park facilities requested to be used and and such other pertinent information as the Township Manager may require. The application for such permit shall be made at least 72 hours prior to the time of the planned activity for which the permit is being requested.

(2) Such permit shall specify location or locations within the park where such gathering, meeting or activity will be held, which limitation shall circumscribe the only permitted location thereof. Use of any park facilities or areas not authorized by the permit shall constitute sufficient grounds for expulsion of the activity from the parks. The application for such permit shall be in the name of a person who shall be responsible for the collection and immediate removal by the permittee from the park following the activity of all refuse and other material utilized in connection with such activity. In the event that containers have been provided by the township within the park, they may be utilized for disposal of such refuse if they are sufficiently empty to accommodate the amount of refuse produced by the activity. In no event shall refuse be allowed to spill from township-provided containers or left in and around the containers or at other locations in the park.

F. Police security required. For all activity for which police security is deemed necessary by the township, such security shall be supplied and paid for by the sponsor(s) of the activity and shall be a condition of the issuance of the permit. The township may require a security deposit to insure payment of the police security.

G. Vehicular restrictions. Except in designated parking areas, with the exception of motorized wheelchairs, motor vehicles or motorized equipment of any kind shall not be allowed on park grounds or waters without prior written permission of the township, provided that this preclusion shall not apply to township vehicles used for park maintenance or other necessary activity approved by the township.

H. Sound equipment. Sound-amplification equipment shall be permitted in the parks only by prior written permission of the township.

I. Sales and structures prohibited. No person shall set up any booth, table, stand, vehicle or other structure whatsoever within the parks without the prior written consent of the Park and Recreation Board, which shall have authority and discretion to refuse such consent in any instance. No person shall sell or offer for sale any object or merchandise or any other object of value, whether corporeal or incorporeal, in the park, unless so specified by a permit which is first obtained for such purpose from the Township Manager.

J. Disposal of waste materials. No person shall dispose of any organic or inorganic waste, garbage, hazardous substances or other refuse (hereafter "waste materials") in the parks, except in the township-supplied receptacles designated for that purpose, provided that no such waste materials shall be disposed of in such receptacles unless resulting from activities by persons lawfully using the parks for their intended purpose. All persons using the parks shall dispose of all such waste materials left by them in such township-supplied receptacles. No person shall bring into, leave in or throw, cast, lay, drop or cause to be discharged into or on the parks or their waters any waste materials or sick, diseased or dead animals.

K. Restriction of animals. No person shall allow any animal owned by him, in his custody or under his control to run at large in any park, provided that a duly licensed dog, when restrained by a leash not exceeding eight feet in length, may be brought into the parks when in the custody or control of its owner or another. Any animal not leashed as aforesaid and found within any park may be seized and taken into custody for disposition pursuant to the Pennsylvania Dog Law.[1] All persons exercising control of animals in the parks shall be responsible for immediately cleaning up and disposing of any animal waste resulting from their presence in the parks.

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

L. Posted rules and regulations. All persons shall adhere to the rules and regulations established by the township's Park and Recreation Board and approved by the Township Supervisors, which are posted by the township in the parks and which govern and restrict conduct therein. No person shall injure, deface or destroy any notice, rule or regulation posted at any place within the parks. Any person violating this subsection shall be subject to expulsion from the parks and to prosecution, if warranted under the law.

M. Distributing or displaying advertising materials prohibited. No person shall distribute advertising materials in the parks or post, place or distribute any handbill, sign, notice, placard or other device on any tree, fountain, post, railing, fence, building or any other structure in or surrounding the parks nor display any advertising material of any kind on any vehicle within the parks.

N. Water facility restrictions. No basin, pool, lake or fountain in any park shall be fouled by stone, wood or any other substance or waste materials nor shall any such waters or facilities be used for swimming, bathing, wading, boating or other similar activity, provided that nothing herein shall preclude the township from designating any body of water as suitable for swimming or unmotorized boating, subject to its being posted by the township as approved for such use.

O. Setting of fires prohibited. No person shall ignite, start, set or maintain any fire or perform or conduct any cooking activities in the parks except in stoves, grills or fireplaces provided and maintained by the township for that purpose.

P. Certain fireworks prohibited. No person shall fire, discharge or set off any fireworks or firecrackers of any nature whatsoever; provided, however, that special fireworks displays may be given under the auspices and direction of the Township or upon issuance of a special permit by the Township Manager to a person authorized by state law to conduct such display, under and subject to such rules and regulations as the Park and Recreation Board shall attach to any such activity.

[Amended 3-11-2015 by Ord. No. 3-2015]

Q. Intoxicating beverages prohibited. Intoxicating, beverages are prohibited in the parks. No person shall bring any intoxicating beverages into the parks, either for his own use or for the use of any other person. Violation of this provision shall subject the violator to expulsion from the parks.

R. Recreational activities. Activities, such as baseball, football, soccer, tennis, volleyball and other games and recreational activities, may be played in the parks in locations designated by the township and posted for such purposes and subject to such rules and regulations as may be prescribed by the Park and Recreation Board from time to time.

S. Smoking and vaping shall be prohibited in the parks. Violation of this provision shall subject the violator to expulsion from the parks.

[Added 8-9-2006 by Ord. No. 10-2006[2]; amended 3-21-2023 by Ord. No. 4-2023]

[2] Editor's Note: This ordinance also redesignated former Subsection S as Subsection V.

T. Rules and regulations for the use of the Robert E Lambert skatepark. All persons using the skatepark shall adhere to the rules and regulations which are set forth on Exhibit A which is attached hereto.[3]

[Added 8-9-2006 by Ord. No. 10-2006; 3-21-2023 by Ord. No. 4-2023]

[3] Editor's Note: Exhibit A is included at the end of this chapter.

U. Rules and regulations for the use of the dog park at the Robert E Lambert Park. All persons using the dog park shall adhere to the rules and regulations which are set forth on Exhibit B which is attached hereto.[4]

[Added 8-9-2006 by Ord. No. 10-2006; amended 3-21-2023 by Ord. No. 4-2023]

[4] Editor's Note: Exhibit B is included at the end of this chapter.

V. Additional regulations. The township's Park and Recreation Board shall have the authority to establish such additional rules and regulations, from time to time, as approved by the Supervisors, necessary in its opinion for the proper governance of the parks. Such regulations shall become effective when approved by resolution duly adopted by the Supervisors, without the necessity of inclusion in this chapter.

§ 57-4 Violation and enforcement provision.

[Amended 6-23-1993 by Ord. No. 9-1992; 7-24-1996 by Ord. No. 7-1996]

Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine for each such violation in an amount not less than $100 and not more than $600 plus all court costs, including reasonable attorney fees, incurred by the township. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure.