[Adopted 8-12-1966 as Ord. No. 12-1966]
This Article shall be known as and may be cited as the "Kutztown Park Code."
The tract of land located in the southeastern part of the Borough of Kutztown, Berks County, Pennsylvania, and situate along the south side of East Main Street in said borough and running in a southerly direction therefrom, together with all additions which may hereafter be made to the same, which tract of land is owned by the Borough of Kutztown, is hereby established as a public park of said borough, to be designated "Kutztown Borough Park" (hereinafter referred to as the "park").
[Amended 11-13-1973 by Ord. No. 11-1973; 12-26-1995 by Ord. No. 12-1995]
The park shall be opened daily to the public between the hours of 6:00 a.m. and 10:30 p.m., prevailing time; provided, however, that if in the opinion of the Mayor of the Borough of Kutztown the closing of said park at a time earlier than 10:30 p.m. prevailing time is necessary to protect the safety, health, morals or general welfare of the citizens and residents of the Borough of Kutztown or of the persons then in the park, said Mayor is hereby empowered to order the closing of said park at a time earlier than 10:30 p.m. prevailing time. In the event that said Mayor shall exercise the authority herein granted to him, said Mayor shall cause the police of the Borough of Kutztown to immediately go upon the premises of the park and notify all persons then in the park as to the time that the park shall be closed. Except as hereinabove provided in this section or any other section of this Article, at 10:30 p.m. prevailing time all activities in the park shall cease, and all persons in the park shall leave as soon as possible thereafter; provided, however, that in the event that the park is closed prior to 10:30 p.m. prevailing time in accordance with the authorization herein granted to the Mayor of the Borough of Kutztown, all activities in the park shall cease as soon as directed by the police of the Borough of Kutztown, and all persons in the park shall leave as soon as possible thereafter. No persons other than authorized employees or officials of the Borough of Kutztown shall be in the park at any time between 10:30 p.m. prevailing time or any other time the park is closed and 6:00 a.m. on the following morning.
[Amended 12-26-1995 by Ord. No. 12-1995]
No group shall hold or continue any function within the park after the hour of 10:30 p.m. prevailing time and before the hour of 6:00 a.m., except with the written permission of the Mayor of the Borough of Kutztown. Said Mayor is hereby empowered to grant written permission to any person or group desiring to hold such a function within the park area subsequent to the hour of 10:30 p.m. prevailing time whenever, in the opinion of the Mayor, the holding or continuing of such function will not adversely effect the safety, health, morals or general welfare of the persons attending said function or the safety, health, morals or general welfare of the citizens or residents of the Borough of Kutztown.
The Mayor of the Borough of Kutztown is hereby authorized and empowered to designate parking areas within the park. The Borough Police are hereby authorized and empowered to designate temporary parking areas within the park, to temporarily close any road or roads within said park and to otherwise regulate and direct the operation of vehicles and other modes of transportation within said park. Whenever any road within said park has been temporarily closed as hereinabove provided, such closed road shall not be considered a road within the meaning of this Article, and no person shall operate any vehicle or other mode of transportation upon the same while said road is temporarily closed.
No person shall park any vehicle within the park except in those places which have been designated as either permanent or temporary parking areas as hereinabove provided.
No person shall injure, deface, remove, cut or damage any of the trees, plants, shrubs, turf, buildings, structures, fixtures or any other property in the Borough of Kutztown located within the park.
No person shall remove any bench, seat or table from the park.
No person shall conduct himself or herself within the park so as to annoy any other person using the park for recreational purposes.
No person shall dispose of any waste or garbage in the park except in receptacles designated for such purposes. All persons using the park shall dispose of all waste and garbage left by them in such designated receptacles.
No person shall build, set or maintain any fire within the park except fires for cooking purposes within properly constructed fire places or metal braziers or charcoal grills. All fires built and maintained as hereinbefore provided shall, nevertheless, be constantly attended by an individual at least sixteen (16) years of age. Any person building or maintaining such a fire shall, before leaving the area thereof, dispose of said fire by first thoroughly quenching the same with water and then placing the quenched coals or ashes remaining therefrom in a container within the park designated for such purpose. No person shall throw, place or scatter fire coals or ashes upon the ground or upon or against any tree, shrub or plant or upon or against any building or other improvement within the park.
No person shall bring, cause to be brought, keep, have, drink or consume any spirituous liquor or any intoxicating beverage of any kind, including beer, into, onto or within the park, either for his own use or for the use of any other person.
No person shall operate any motor vehicle, bicycle or any other mode of transportation within the park in such a manner as to disregard the rights or safety of others or in such a manner so as to endanger any person or property.
[Amended 7-7-1981 by Ord. No. 8-1981[1]]
Any person operating a motor vehicle, bicycle, motorized bicycle or any other similar vehicle within the park shall drive such vehicle only upon the roads located therein or upon a designated parking area; provided, however, that this provision shall not apply to persons actually engaged in duly authorized construction, maintenance or repair work within the park. Nor shall this provision apply to any authorized person operating an emergency vehicle during the performance of his or her official duties.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I
[2]
Editor's Note: Original Section 15, which prohibited riding a bicycle within twenty (20) feet of a play area or upon an athletic field and which section immediately followed this section, was repealed 7-7-1981 by Ord. No. 8-1981.
No person over eight (8) years of age shall stand, sit, ride, play or otherwise be upon any spring riding toy within the park. No more than one (1) person under eight (8) years of age shall, at the same time, stand, sit, ride, play or otherwise be upon any spring riding toy within the park at any one (1) time. No person shall permit any child or other person over eight (8) years of age who is in such person's custody or control to stand, sit, ride, play or be upon any spring riding toy within the park.
No person shall ride a horse, pony, donkey, mule or the like within the park except in connection with a public game or exhibition, and in such case only when permission has first been obtained from the Mayor. The Mayor is hereby empowered to grant special permission whenever such game or exhibition will not adversely affect the safety, health or general welfare of persons using the park and will not materially damage the park or the buildings or improvements thereof.
[Amended 3-10-1992 by Ord. No. 2-1992]
No person shall permit any dog or other domestic animal under his or her control to urinate and defecate within any play area of the park as defined in § 156-32 of this chapter or upon any baseball or any other athletic field within said park. No dog shall be permitted in said park unless it is effectively restrained by a chain or leash not exceeding six (6) feet in length.
[Amended 7-1-1975 by Ord. No. 4-1975; 12-26-1995 by Ord. No. 12-1995]
Any person who violates any of the provisions of this Article shall, upon summary conviction before any District Justice, or any court upon hearing or appeal, pay a fine or penalty of not less than fifty dollars ($50.) nor more than six hundred dollars ($600.) and costs of prosecution for each and every offense or, in default thereof, undergo imprisonment in Berks County Prison for a period not exceeding thirty (30) days, provided that each day's violation of any of the provisions of this Article shall constitute a separate offense.