[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Makefield 4-9-1979 by Ord. No. 135. Amendments
noted where applicable.]
This chapter shall be known as the "Lower Makefield
Township Park Rules and Regulations."
The purpose of this chapter is to protect, to
preserve and to provide for the orderly management of parkgrounds,
recreation areas and open space owned by the Township of Lower Makefield
and designated by the Board of Supervisors as parkgrounds, recreation
areas and open space.
Except where the context clearly indicates otherwise,
the following terms have the following meanings:
The Lower Makefield Township Park and Recreation Board.
Any policy, activity or program undertaken by Lower Makefield
Township or its designated and authorized officials, representatives,
agents, contractors or other authorized persons for the purpose of
managing or controlling the presence and population of deer within
the boundaries and jurisdiction of Lower Makefield Township, on lands
owned, leased or controlled by Lower Makefield Township, whether in
the park system or otherwise, and which is permitted pursuant to or
as a condition of a deer control permit issued by the Pennsylvania
Game Commission and/or any other applicable federal, state or local
law, regulation, ordinance or permit; provided that the foregoing
shall specifically exclude recreational public hunting.
[Added 9-2-2009 by Ord. No. 379]
Any pistol or revolver with a barrel length less than 15
inches, any shotgun with a barrel length less than 18 inches or any
rifle with a barrel length less than 16 inches, or any pistol, revolver,
rifle or shotgun with an overall length of less than 26 inches. The
barrel length of a firearm shall be determined by measuring from the
muzzle of the barrel to the face of the closed action, bolt or cylinder,
whichever is applicable.
[Added 6-21-2012 by Ord. No. 391]
Any vehicle equipped with or powered by a motor or motors,
including but not limited to automobiles, trucks, motorcycles, snowmobiles,
trail bikes, all terrain vehicles, mopeds, etc.
Any lands or facilities owned or leased by Lower Makefield
Township and designated or used by Lower Makefield Township for park,
parkgrounds, recreation ground and open space.
Includes the plural.
Any hunting, not including a deer management program, for the purpose of recreational hunting, management or control of the presence and population of deer on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise, and which is subject to the rules, regulations, guidelines and directives issued or promulgated, from time to time, by Lower Makefield Township in its capacity as a property owner, through its Township Manager or such other designated or authorized officials of Lower Makefield Township, for the conduct of hunting activities on such lands of Lower Makefield Township and which rules, regulations, guidelines and directives issued or promulgated by Lower Makefield Township may relax or waive such provisions, sections, authorizations, restrictions or prohibitions set forth in this Chapter 141, as deemed necessary and prudent by Lower Makefield Township; provided that recreational public hunting activities are otherwise subject to any and all other applicable federal, state or local laws, regulations, ordinances or permits.
[Added 9-2-2009 by Ord. No. 379]
The Township of Lower Makefield.
Any gathering or group of people consisting
of 25 or more persons must first obtain a permit to use the park system,
except for the Five Mile Woods Preserve, the Manor Gate Natural Area
and Parktown Estates Natural Area, where a permit is required for
a group of five or more persons.
A.
Application for a permit shall be made upon the official
forms of the Township and shall be accompanied by the required fee
except where a free permit may be issued.
B.
Application for a permit shall be made at the Township
Municipal Administration Office and approved by the Township Manager.
The application and fee must be processed and approved one week in
advance of the scheduled activity.
C.
In the event that more applications for reservations
are received than space available, such applications shall be considered
in the order received by the Township.
D.
Permits may be issued to persons for use of the park
system between the hours of sunset of one day to sunrise of the following
day.
E.
Application for permits from persons under the age
of 18 years shall be countersigned by the applicants' parent or legal
guardian indicating therein his or her responsibility for the conduct
of the permit user.
F.
The holder of a permit issued by the Township shall
be held responsible for the actions and conduct of the other persons
in the group.
G.
All visitors to the park system must comply with all
rules and regulations of the Township Board of Supervisors and the
Park and Recreation Board while within the park system.
H.
Notwithstanding the issuance of a permit by the Township,
the Township reserves the right to postpone or cancel the event due
to inclement weather.
[Amended 10-16-1995 by Ord. No. 298]
I.
Notwithstanding the foregoing, the terms and conditions of this § 141-4 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
No person shall install equipment or make any
alterations or adjustments to existing equipment or facilities within
the park system without specific written approval of the Board and
a permit issued by the Township.
A.
The park system is open from sunrise of any day to
sunset of the same day.
B.
No person shall be permitted within the park system between sunset of any day and sunrise of the following day except upon issuance of a permit by the Township pursuant to the procedure set forth in § 141-4 hereof unless the area or facility has been designated by the Township for night activities or such person who is expressly designated and authorized by the Township or its authorized officials, representatives, agents or contractors to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program within such area or facility, on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise; provided that such use complies with all other applicable federal, state or local laws, ordinances, regulations and permits.
[Amended 9-2-2009 by Ord. No. 379]
C.
Ballfields and picnic groves may be used on a first
come first serve basis but reservations and maintenance of facilities
take precedence. Lower Makefield Township Based Groups shall have
priority in making reservations and reservations are required for
groups of fifteen (15) or more for administrative and supervisory
purposes.
[Added 10-16-1995 by Ord. No. 298]
D.
Tennis courts may be on a first-come-first-served
basis and the following rules shall apply:
[Added 10-16-1995 by Ord. No. 298]
No person shall:
A.
Destroy, deface, alter, change or remove any monument,
stone marker, bench mark, stake, post, trail blaze or designation
of any boundary line or survey line.
B.
Cut, break, mark upon or otherwise damage or destroy
any building, bridge, drain, wall, foundation, fence, gate, hedge,
sign or other installation or structure.
C.
Deface, destroy or remove any placard, notice or sign,
whether permanent or temporary, posted or exhibited within the park
system.
D.
The prohibitions, terms and conditions of this § 141-7 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise:
[Added 9-2-2009 by Ord. No. 379]
(1)
If
such damage and the attendant circumstances under which the damage
is proposed or did occur are immediately recorded and reported to
the Township within 24 hours prior to the occurrence of proposed damage
or after the occurrence of nonproposed damage; and
(2)
If,
based upon the attendant circumstances, such actions and damage are
determined by the Township to be unavoidable or reasonable, necessary
and prudent in order to advance a deer management program; and
(3)
If,
based upon the attendant circumstances, such damage is determined
by the Township to be the minimum amount of damage reasonably necessary
in order to advance a deer management program; and
(4)
If
such person(s) makes every reasonable effort to repair, replace or
return such damaged property to the condition of such property prior
to being damaged; and
(5)
If
the Township shall provide its approval of any proposed damage to
the applicant in writing, which approval may also include such other
policies, procedures, regulations or rules as the Township may, in
its discretion, impose on such damage; and
(6)
Provided that the exception provided by this Subsection D shall, under no circumstances, apply to damage of any historic building, structure or facility located on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise, and shall be subject to all applicable federal, state or local laws, regulations, licenses and permits.
No person shall:
A.
Cut, remove or destroy any tree, sapling, seedling,
brush or shrub, whether alive or dead, or chip, blaze, box, trim or
otherwise deface or injure any tree, sapling, seedling, brush or shrub
or pick, gather, uproot, remove, collect or destroy any flower, plant,
grass or any vegetation within the park system, except with written
authorization from the Township and the Board.
B.
Remove or cause to be removed any sod, humus, peat,
moss, boulder, rock, gravel, sand or any other material, except with
written authorization from the Township and the Board.
C.
Plant, sow, seed or introduce any plant material or
vegetation whether seeds, roots, stolons, rhizomes or bulbs within
the park system, except with written authorization from the Township
and the Board.
D.
The prohibitions, terms and conditions of this § 141-8 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise:
[Added 9-2-2009 by Ord. No. 379]
(1)
If
such damage and the attendant circumstances under which the damage
is proposed or did occur are immediately recorded and reported to
the Township within 24 hours prior to the occurrence of proposed damage
or after the occurrence of nonproposed damage; and
(2)
If,
based upon the attendant circumstances, such actions and damage are
determined by the Township to be unavoidable or reasonable, necessary
and prudent in order to advance a deer management program; and
(3)
If,
based upon the attendant circumstances, such damage is determined
by the Township to be in the minimum amount reasonably necessary in
order to advance a deer management program; and
(4)
If
such person(s) make every reasonable effort to repair, replace or
return such damaged plant or natural feature to the condition of such
plant or natural feature prior to being damaged; and
(5)
If
the Township shall provide its approval of any proposed damage to
the applicant in writing, which approval may also include such other
policies, procedures, regulations or rules as the Township may, in
its discretion, impose on such damage; and
No person shall:
A.
Set or cause to be set on fire any tree, woodland
grassland, brushland, wetland or meadow.
B.
Build any fire within the park system except within
receptacles or fireplaces approved and designated by the Township
for such purposes.
C.
Drop, dump, throw or otherwise scatter lighted matches,
ashes, burning cigars, cigarettes, tobacco, paper or other flammable
material.
D.
Leave authorized fires unattended at any time or to
leave any fire not fully extinguished before being abandoned within
the park system.
E.
No person shall smoke in a wooded area. In those areas
where smoking is permitted, all matches, cigarettes, pipe ashes and
other similar materials shall be completely extinguished before discarding.
[Added 10-16-1995 by Ord. No. 298]
No person shall:
A.
Pursue, catch, attempt to catch, strike, molest, wound,
kill, harm or injure any bird, animal, reptile, amphibian or any wildlife
within the park system.
B.
Destroy, remove or alter any nest, lair, den, burrow
or habitat of any wildlife.
C.
Permit his or her pet to pursue, catch, wound, kill,
harm or injure any wildlife or to damage, destroy, remove any wildlife
habitat.
D.
Drive or pursue any wildlife from the confines of
the park system.
E.
Introduce any alien species into the park system.
F.
This § 141-10 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
[Amended 10-16-1995 by Ord. No. 298]
No person shall:
A.
Trap, hunt, shoot or allow his or her pet to trap
or hunt any wildlife within the park system.
B.
Hunt or pursue any wildlife that has taken refuge
for whatever reason within the confines of the park system.
C.
Be in possession of any firearm, bow and arrows or any other weapon as specified in § 141-26 of this chapter.
[Amended 10-21-1996 by Ord. No. 305]
D.
This § 141-11 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
No person shall:
No person shall swim, bathe or wade in any pond
or swimming pool within the park system unless said swimming area
is open for operation.
No person shall operate a watercraft unless
it complies with Act 400 of the Pennsylvania Fish and Motor Boat Law.[1]
[1]
Editor's Note: See 30 P.S. § 101
et seq.
No person shall camp except in such areas as
are provided and designated for such purposes within the park system.
In all cases, a permit is required for camping within the park system.
No person shall:
A.
Operate any motor vehicle within the park system,
except in areas specifically designated for motor vehicles.
B.
Operate a vehicle and stop, stand or park such vehicle
in any place marked as a passenger or loading zone other than for
the purpose of expeditious loading or unloading and delivery of materials.
C.
Operate a vehicle and stop, stand or park such vehicle
upon any roadway, bike path, trail or lane or in any parking area
in such manner as to form an obstruction to traffic thereon.
D.
Drive upon or park upon any trail, maintenance road
or lawn within the park system, unless the area is specifically designated
as overflow parking area.
E.
Operate a vehicle and park in any place where a "No
Parking" sign has been erected.
F.
Operate and park a vehicle in such a manner as to
block the exit or removal of another vehicle.
G.
Operate and park a vehicle in such a manner as to take up or occupy more than one (1) parking space. In conjunction with and in addition to § 141-16, Subsections A through G of this chapter, the Motor Vehicle Code of Pennsylvania[1] and Chapter 190, Vehicles and Traffic, shall apply to all areas of the park system.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
H.
Operate an unlicensed vehicle to the extent that licensing
is required by the Pennsylvania Motor Vehicle Code.
[Added 10-16-1995 by Ord. No. 298]
I.
Operate a motor vehicle in excess of the posted speed
limit.
[Added 10-16-1995 by Ord. No. 298]
J.
Operate and/or park a motorized vehicle on bike paths,
trails and/or grass areas as motor vehicles shall be driven and parked
only in designated locations.
[Added 10-16-1995 by Ord. No. 298]
K.
Notwithstanding the foregoing, the terms and conditions of this § 141-16 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any activities related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise:
[Added 9-2-2009 by Ord. No. 379]
(1)
If
such person submits a formal, written request for the operation or
parking of a vehicle within the park system to the Township at least
three business days prior to such proposed operation or parking; and
(2)
If,
based upon the attendant circumstances, such operation or parking
is determined by the Township to be unavoidable or reasonable, necessary
and prudent in order to advance a deer management program; and
(3)
If
the Township shall provide its approval of such request to the applicant
in writing, which approval may also include such other policies, procedures,
regulations or rules as the Township may, in its discretion, impose
on such operation and parking; and
The Township reserves the right to create "no
trespassing" preservation areas, whether temporary or permanent, within
the park system. No person shall:
A.
Enter upon any lands that have been posted by the
Township with "no trespassing" or special wildlife protection signs,
or any sign that would indicate that the area is not open to the general
public without first obtaining a permit issued by the Township.
B.
Build, erect, construct, plant or cultivate upon any
lands within the park system or otherwise use lands within the park
systems or the contents thereon for any structure, building, construction,
garden, compost heap or other personal usage without first obtaining
written permission from the Board and a permit issued from the Township.
C.
Travel upon areas other than designated and marked
trails or paths where provided.
D.
Enter any building that is not open to and regularly
used by the general public.
E.
Enter upon or disturb any construction or equipment
on park system property. Authorized personnel are excepted.
F.
Drive or cause to be driven any livestock upon or
across any lands within the park system without first obtaining written
permission from the Board and a permit issued by the Township.
G.
Subsections A, B, and C of this § 141-18 shall not apply to any person who is expressly designated and authorized by the Township or its authorized officials, representatives, agents or contractors to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program within an area or facility which has been designated by the Township as a no trespassing preservation, a special wildlife protection area, a deer management program area, an area designated as not open to the general public, an area otherwise regulated pursuant to this § 141-18 or on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
No person shall peddle or solicit business of
any nature whatever or collect any fund for any service or charity
or distribute handbills or other advertising material or post unauthorized
signs on any lands, waters, structures or property within the park
system without first obtaining written permission from the Board and
a permit issued from the Township.
No person shall force, threat, intimidate, fence,
enclose or by any other means, prevent or obstruct any person from
entering, leaving or making full use of the park system unless under
the jurisdiction of the Township consistent with the terms of this
chapter and other applicable statutes, rules and regulations and then
only by persons authorized to do so by the Township.
No person shall interfere with, use profanity
toward or in any manner, hinder any employees or agents of the Township
who are performing their official duties within the park system.
No person shall:
A.
Possess or be under the influence of any drug or narcotic
while in or upon the property administered by or under the jurisdiction
of the Township.
B.
Possess or be under the influence of any alcoholic
beverage while in or upon the property administered by or under the
jurisdiction of the Township.
No person shall:
A.
Engage in any violent, abusive, loud or boisterous,
vulgar, lewd, obscene or otherwise disorderly conduct tending to create
a breach of the peace or to disturb or annoy others while in or upon
any property within the park system.
B.
Commit any indecent or immoral act tending to debauch
the morals or manners of the public while in or upon the property
within the park system.
C.
Use any indecent language, climb any trees or otherwise
act in an inappropriate manner.
[Added 10-16-1995 by Ord. No. 298]
D.
Subsections A, B, and C of this § 141-23 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized official, representative, agent or contractor, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise; provided that in the event such designated and authorized person engages in any of the actions set forth in Subsections A, B, and C of this § 141-23, such actions are deemed necessary to and in furtherance of a deer management program.
[Added 9-2-2009 by Ord. No. 379]
No person shall:
A.
Use a loudspeaker, public address system or amplifier
within the park system without first obtaining a permit issued by
the Township.
B.
Play or cause to play any radio, phonograph, tape
recorder, television, stereo, etc. in a loud and boisterous manner
which tends to disturb or annoy any visitor within the park system.
C.
Possess any radio, phonograph, stereo or television
while in or upon any designated and posted natural areas or preserves
within the park system.
D.
Tape recorders may be used for the purpose of recording
only within the park system.
No person shall fire, discharge or have in his
or her possession any rocket, firecracker or other fireworks and substances
of an explosive nature within the park system, without first obtaining
a permit from the Township.
No person shall:
A.
Bring into or upon the park system, nor have in his or her possession, any revolver, pistol, rifle, shotgun, air rifle or air pistol, or any gun, rifle, firearm or a bow and arrow or other weapon that discharges projectiles either by air, explosive force or by way of any other substance unless the person having possession of such firearm as defined in § 141-3 is in compliance with Pennsylvania state law as it relates to the possession of firearms. Furthermore, no person shall discharge or set off anywhere within the park system any revolver, pistol, rifle, shotgun, air rifle, firearm or air pistol, or other weapon that discharges projectiles either by air, explosive fire, or by any other substance. This section shall not apply to any duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position.
[Amended 6-21-2012 by Ord. No. 391]
B.
Bring into or upon the park system nor have in his
or her possession any type of hatchet, ax, saw or knife while within
the park system.
C.
This § 141-26 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized official, representative, agent or contractor, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
No person shall make any ascent in any airplane
or balloon or any descent from any airplane, parachute or balloon
within the park system without first obtaining written permission
from the Board and a permit issued from the Township.
No person shall:
A.
Discard, deposit, dump, litter or allow to blow away
any refuse of any kind or nature except by placing said refuse in
containers provided for such purposes.
B.
Bring into or dispose of any type of trash, refuse
or debris in or upon the lands and waters within the park system whether
disposing of in receptacles or not, if such debris or material did
not result from usage within the park system.
C.
Wash at pumps or drinking fountains or other water
sources except as designated for such purposes.
D.
Discard, deposit, dump, litter or drain any refuse
material of any nature into any watercourse, bog, swamp, wetland,
stream or drainageway within the park system.
E.
Glass beverage or other glass containers are prohibited
in the park system.
[Added 10-16-1995 by Ord. No. 298]
No person shall exhibit any machines, animals
or indulge in any exhibitions or carry on any performance so as to
interfere with the proper use of any property within the park system
without first obtaining written permission from the Board and a permit
issued from the Township.
[Added 10-16-1995 by Ord. No. 298]
No person shall:
A.
Allow or cause any animal or fowl to run at large
within the park system without being kept on a leash or other restraining
mechanism. The owners or persons with pets are required to clean up
any defacation from any animal under his/her custody and/or control.
[Amended 10-16-1995 by Ord. No. 298]
B.
Bring, drive or lead any animal onto park system property
which is not under the complete and immediate control of a competent
person.
C.
Permit any animal or fowl or pet to enter any public
building or swimming area except a trained seeing-eye dog.
D.
Permit any animal or pet to stand unattended.
E.
Bring, drive or lead any animal or pet onto any property
of the park system, unless said animal has been properly inoculated
and has a current year's license if required.
F.
Bring, drive or lead any animal or pet onto or upon
any designated or posted natural area or preserve within the park
system.
G.
Torture, ill-treat or neglect any animal, fowl or
pet.
H.
Ride any animal in a careless, negligent or reckless
manner so as to create a nuisance or to endanger the life, property
or persons within the park system.
I.
This § 141-31 shall not apply to any person who is expressly designated and authorized by the Township, or its authorized officials, representatives, agents or contractors, to undertake, and who is actively engaged in and carrying out, any actions, activities, practices, duties, responsibilities or other obligations related to or in connection with a deer management program on lands owned, leased or controlled by Lower Makefield Township, whether in the park system or otherwise.
[Added 9-2-2009 by Ord. No. 379]
No person shall use any facility, land, waters
or areas for which a fee or charge has been established by the Township
without payment of such fee or charge upon receipt of appropriate
permit within the park system.
Nothing in these rules shall:
A.
Prohibit or hinder duly appointed or authorized personnel
of the Township or other police officers from performing their official
duties.
B.
Prohibit the Township from establishing rules and
regulations required to protect the health, welfare and safety of
persons and property within the park system.
The Township Board of Supervisors hereby designate
the Township's Park and Recreation Board to administer and supervise
the park, parkgrounds, recreation area and open space within the Township
of Lower Makefield and authorizes the Park and Recreation Board to
make such rules and regulations as it deems necessary to properly
administer and control the operation of parkgrounds, recreation areas
and open space. All rules and regulations of the Park and Recreation
Board shall be submitted to the Board of Supervisors for approval.
[Amended 10-21-1996 by Ord. No. 305]
Any person who violates any provision of this
chapter shall upon conviction before a District Justice be sentenced
to pay a fine of not more than $600, plus cost of prosecution and
reasonable attorney fees. All prosecutions for violation of this chapter
shall be brought in the name of the Township. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure.
