[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery 4-19-1982 by Ord. No. 53A. Amendments noted where
applicable.]
[Amended 8-2-1993 by Ord. No. 93-18; 2-8-2016 by Ord. No.
16-294]
A.
All Township parks, with the exception of the Township's Bark Parks,
shall be open only from sunrise to one hour after sunset, except where
the park is illuminated at nighttime, in which case the illuminated
portion of the park shall be open until 11:00 p.m.
B.
The Township's Bark Parks shall be open only from 8:00 a.m. to one
hour after sunset.
C.
Special permission for use following one hour after sunset may be
obtained upon application made at the Township Administration Building,
at least five days in advance, to the Township's Park and Recreation
Board, but in no case shall the park be open after 10:00 p.m., excepting
where the designated park is illuminated, in which case the park shall
not be open after 11:00 p.m.
D.
In the event that as a result of further development of park and
park areas there are park areas which are partially illuminated, the
illuminated portion of the park shall be opened until 11:00 p.m.,
but the nonilluminated area of the park shall be closed one hour after
sunset.
The parks are open for use only by residents
of Montgomery Township and their accompanied guests. Visibly intoxicated
persons are excluded at all times.
It shall be unlawful for any person to have
in his or her possession, custody or control within the parks any
alcoholic beverage of any kind whatsoever; the bringing, possession
and consumption of alcoholic beverage of any kind within the parks
is unlawful.
It shall be unlawful to damage, destroy, remove,
deface or vandalize any trees or shrubs or any other property of the
Township within the parks.
All fires are prohibited except cooking fires
in fireplaces, grills or other equipment furnished for cooking purposes
in designated areas when under adult supervision. All such fires must
be completely extinguished before leaving. Fires are not permitted
when there is a danger of spread because of wind or dry conditions,
and, in all cases, use of fires shall be subject to the Montgomery
Township Fire Code.[1]
[Amended 7-27-2020 by Ord. No. 20-314]
All Montgomery Township parks and recreation
areas are designated "tobacco/nicotine-free areas", and as such the
use of any and all tobacco and/or nicotine products (regardless of
how the tobacco and/or nicotine is delivered) is expressly prohibited
within all Montgomery Township parks and recreation areas.
A.
Tobacco
and/or nicotine products shall include:
(1)
Any
product containing, made, or derived from tobacco and/or nicotine,
in any form, that is intended for human consumption, or otherwise,
whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
vaped, sniffed, ingested, or used by any other means, including, but
not limited to, cigarettes, cigars, little cigars, chewing tobacco,
pipe tobacco, snuff, electric cigarettes or e-cigarettes, and/or vape
instrument; and
(2)
Any
electronic device that delivers tobacco and/or nicotine to the person
using the device, including but not limited to e-cigarettes or electronic
cigarettes, vape instruments, cigar, pipe, and/or hookah; and
(3)
Notwithstanding any provision of Subsection A(1) and (2) to the contrary, tobacco and/or nicotine products "includes any component, part, or accessory of a tobacco and/or nicotine product," whether or not sold separately. Tobacco and/or nicotine products do not include any product that has been approved by the United States Food and Drug Administration for the sale as a tobacco and/or nicotine cessation product or for other therapeutic purposes where such product is expressly marketed and sold for such an approved purpose.
B.
Signage
may be posted, as appropriate, within Montgomery Township's parks
and recreation areas relative to this section's "tobacco/nicotine-free
areas" designation. Such park and recreation areas, however, are still
deemed so designated even in the absence of such signage.
Automobiles, trucks, vans and trailers are prohibited
except in the parking area designated unless special permission is
obtained upon application made to the Montgomery Township Park and
Recreation Board.
Use of the parks by groups in excess of 25 in
number is prohibited except with special permission upon application
made to the Montgomery Township Park and Recreation Board.
[Amended 8-20-1990 by Ord. No. 53B; 7-14-1997 by Ord. No. 97-80; 6-22-1998 by Ord. No. 98-98; 1-5-2015 by Ord. No. 15-285]
The following are not allowed within the parks at any time or
under any circumstances:
A.
Hunting and trapping.
B.
Discharging firearms, except in lawful self-defense or by police
officers in the course of their duties.
C.
Carrying or discharging air rifles, bows and arrows, slingshots,
rockets and fireworks of any kind.
D.
Throwing of rocks, stones or other missiles.
E.
Disorderly conduct, disturbing the peace, profane or obscene language
and fighting.
F.
The use of golf clubs and golf balls, except in Windlestrae Park,
provided that the golf clubs and golf balls are used only in the areas
defined and designated at the site for driving of golf balls and only
at the hours fixed by the Township Park and Recreation Board and confirmed
by resolution of the Board of Supervisors.
G.
Dumping of trash, tin cans, garbage, litter or junk other than in
trash receptacles.
H.
All motorized vehicles (such as defined in but not limited to those
defined in the Pennsylvania Motor Vehicle Code) are prohibited within
the Township parks except while being operated upon designated roadways
and parking lots. In no way shall this prohibit electronic aid devices
(such as motorized wheelchairs) used by persons with disabilities.
I.
No motorized vehicles shall be operated upon seeded or natural areas
of any Township park and recreation area, except emergency vehicles
and park maintenance vehicles.
J.
Signs, placards or advertisements other than upon designated bulletin
boards.
K.
Horses or horseback riding.
L.
The use of roller blades, roller skates, skateboards or any device
which would mar the surface on the tennis courts in all Township-owned
and -leased parks and recreational areas are not allowed at any time
or under any circumstances.
M.
All activities upon the tennis courts which are not incidental to
or pertaining to tennis are prohibited within all Township-owned and
-leased parks and recreational areas.
[Amended 6-22-1992 by Ord. No. 92-1]
Any person who shall violate any of the provisions
of these rules and regulations shall, upon conviction before a District
Justice, be adjudged guilty of a summary offense punishable by a fine
of not more than $600 and costs of prosecution and, in default thereof,
imprisonment in the county jail for a period not exceeding 30 days.
Each and every violation shall constitute a separate offense, and
the imposition of one penalty shall not excuse the violation or permit
it to continue. The application of the penalty shall not be held to
prevent the enforced removal of prohibited conditions.
[Added 11-15-1993 by Ord. No. 93-26]
The Park and Recreation Board shall be responsible
for the scheduling of all events and use of Township parks. This scheduling
shall be controlled through the Township Manager's office during normal
business hours.
