[Adopted 8-1-1978 as Ord. No. 12-1978]
The Council of the Borough of Kutztown may, from time to time, by resolution,
designate as a recreational area (hereinafter referred to as a "recreational
area") any real property either owned or leased by the Borough of Kutztown,
whether located within or without the corporate limits of the Borough of Kutztown.
[Amended 12-26-1995 by Ord. No. 12-1995]
Every recreational area 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 recreational area 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 recreational area, said Mayor is hereby empowered to order the closing
of said recreational area 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 recreational area and notify all persons then
in the recreational area as to the time the recreational area shall be closed.
Except as hereinabove provided in this section or in any other section of
this Article, at 10:30 p.m. prevailing time all activities in all recreational
areas shall cease, and all persons in any such recreational areas shall leave
as soon as possible thereafter; provided, however, that in the event that
any such recreational area 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 such recreational area shall cease as soon
as directed by the police of the Borough of Kutztown, and all persons in such
recreational areas shall leave as soon as possible thereafter. No persons
other than authorized employees or officials of the Borough of Kutztown shall
be in any recreational area at any time between 10:30 p.m. prevailing time
or any other time the recreational area is closed and 6:00 a.m. on the following
morning.
[Amended 3-26-1996 by Ord. No. 4-1996]
No group shall hold or continue any function within any recreational
area 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 any recreational 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 affect
the safety, health, morals or general welfare of the persons attending said
function or the safety, health, morals or general welfare of the citizens
and residents of the Borough of Kutztown.
The Mayor of the Borough of Kutztown is hereby authorized and empowered
to designate parking areas within any recreational area. The Borough Police
are hereby authorized and empowered to designate temporary parking areas within
any recreational area, to temporarily close any road or roads within any recreational
area and to otherwise regulate and direct the operation of vehicles and other
modes of transportation within any recreational area. Whenever any road within
a recreational area 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 any recreational area 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
of the Borough of Kutztown located within any recreational area.
No person shall remove any bench, seat or table from any recreational
area.
No person shall conduct himself or herself within any recreational area
so as to annoy any other person using such recreational area for recreational
purposes.
No person shall dispose of any waste or garbage in any recreational
area except in receptacles designated for such purposes. All persons using
any recreational area shall dispose of all waste and garbage left by them
in such designated receptacles.
No person shall build, set or maintain any fire within any recreational
area except fires for cooking purposes within properly constructed fireplaces
or metal braziers or charcoal grills. All fires built and maintained as hereinabove
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 coals or ashes remaining therefrom
in a container within the recreational area designated for such purpose. No
person shall throw, place or scatter fire coals or ashes upon the ground or
against any tree, shrub or plant or upon or against any building or other
improvement within any recreational area.
No person shall bring, cause to be brought, keep, have, drink or consume
any spirituous liquors or any intoxicating beverage of any kind, including
beer, into, onto or within any recreational area, 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 any recreational area 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.
Any person operating a motor vehicle within any recreation area 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 any recreational area.
No person shall ride or park a bicycle within twenty (20) feet of or
within any play area or upon any athletic field located within any recreational
area. For the purposes of this provision, a "play area" shall be defined to
include any area within any recreational area in which a sliding board, a
monkey gym, sandbox, seesaw, spring riding toy or the like has been or is
hereafter placed for children's play.
No person over eight (8) years of age shall stand, sit, ride, play or
otherwise be upon any spring riding toy within any recreational area. 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 any
recreational area at any one (1) time. No person shall permit any child or
any 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 any recreational area.
No person shall ride a horse, pony, donkey, mule or the like within
any recreational area 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 recreational area and will not materially damage such
recreational area or any buildings or improvements located thereon.
No person shall permit any dog or other domestic animal under his or
her control to urinate or defecate within any play area of any recreational
area or upon any athletic field located within any recreational area.
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 the 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.
