[HISTORY: Adopted by the Board of Supervisors
of Upper Merion Township as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 73.
[Adopted 4-14-1969 as Ord. No. 69-236]
[Amended 8-11-2022 by Ord. No. 2022-883]
A.
This chapter shall be known and may be cited as the
"Upper Merion Park Ordinance."
B.
COMMERCIAL ACTIVITY
MOTOR VEHICLE
PARK
RECREATIONAL VEHICLE
As used in this chapter and in any resolution incorporated
through this chapter, the following terms shall have the meanings
indicated:
Includes a use or purpose designed for profit or otherwise
income-generating, which includes the exchange, buying, or selling
of commodities, the providing of services, or relating to or connected
with trade, traffic, or commerce in general.
Any vehicle which is self-propelled and includes, for the
purpose of this chapter, trailers and semitrailers that are used in
conjunction with a motor vehicle.
Includes playgrounds, ball fields, picnic grounds, walking/jogging
trails, open space areas maintained in their natural state, and any
other recreation area or facility owned and/or operated by Upper Merion
Township.
Any type of mechanical device propelled by a motor that is
not intended or registered to be utilized on the public streets or
highways. Recreational vehicles shall include, but not be limited
to, any minibike, dirt bike, go-cart, golf cart, motorized three-wheeler
or four-wheeler, motor bike, snowmobile or other all-terrain vehicle.
Wheelchairs or scooters necessary for a person's mobility shall not
be considered a recreational vehicle.
[Amended 8-11-2022 by Ord. No. 2022-883]
A.
All Township
parks shall be operated and maintained under the general supervision
of the Board of Supervisors, the Township Public Works Department,
and the Park and Recreation Department.
B.
The Upper
Merion Board of Supervisors shall have the right and power to establish
and adopt rules and regulations governing the use of all parks within
the Township by resolution. It shall be the duty of the Park and Recreation
Department, assisted by the Upper Merion Township Police Department,
to enforce the provisions of this chapter and adopted park rules and
regulations. Such rules and regulations shall be effective upon approval
of the resolution by the Township Board of Supervisors.
[Amended 8-11-2022 by Ord. No. 2022-883]
The Board of Supervisors shall appoint a Director
of Parks and Recreation, who shall have immediate charge of all parks
and maintenance, repairs, and replacement of property and equipment
therein and who shall be chargeable with the duty of keeping the parks
in a clean, safe, and sanitary condition in collaboration with the
Department of Public Works or any other designee of the Township Manager.
The Director shall oversee the Township's park and recreation employees
and shall perform their duties subject to the general supervision
of the Township Manager.
[Amended 8-11-2022 by Ord. No. 2022-883]
A.
All individuals
and groups will be held responsible for any damage, destruction, defacement,
or theft of property, wildlife, trees/plants, or facilities within
a park which they or their members cause.
B.
It shall
be unlawful for any person in any park to willfully mark, deface,
disfigure, injure, tamper with, displace or remove any building, tables,
benches, fireplaces, railings, paving, water line, telecommunication
pole/tower, wireless network equipment, or other public utility or
parts thereof, signs, notices or placards, whether temporary or permanent,
monuments, stakes, posts or other boundary markers or other structures
or equipment, facilities or appurtenances, whether real or personal;
to annoy, injure, remove, or kill any animal or wildlife within the
park; or to damage or remove any trees, plants, shrubbery, or decorative
flowers within the park.
C.
No person
shall light or permit a fire to burn in a park except in fireplaces
intended for such purpose.
D.
The Township
assumes no responsibility for injuries to any persons or damage to
any property during any individual use or group use of the parks or
any portion or facilities thereof.
E.
The Township
shall have no responsibility for any property lost or stolen or left
at or within a park.
It shall be unlawful for any person to annoy,
injure or kill any animals or birds in any park, nor shall any person
disturb any waterfowl in streams, pools or ponds or remove or carry
away any bird's nest or eggs: further, it shall be unlawful for any
person to injure or damage any tree, plant, shrub, fern, blossom,
flower or turf, provided that the Park and Recreation Board, by regulation,
may permit fishing in streams, pools or ponds and the picking of nondecorative
flowers.
No person shall throw, discharge or otherwise
place or cause to be placed on the waters of any pond, lake or stream
in any park, or any tributary, storm sewer or drain flowing into a
park any substance, matter or thing, liquid or solid, which may result
in the pollution of said waters.
[Amended 8-11-2022 by Ord. No. 2022-883]
All exterior park areas and facilities shall
be open from sunrise to sunset daily, provided that the Board of Supervisors
may by resolution establish different times for particular parks or
park areas to be kept opened. It shall be unlawful for any unauthorized
person to occupy or be present in a park during any hours in which
said park is not opened to the public. Any portion of a park may be
closed to the public by the Parks and Recreation Department at any
time, without notice.
[Amended 8-11-2022 by Ord. No. 2022-883]
The Board of Supervisors shall have the right
by resolution to exclude from any park under its jurisdiction any
person who is not a resident or employee of a taxpaying business in
Upper Merion Township. The Board of Supervisors may likewise by resolution
specify the conditions under which any particular park or park building
or facility therein may be used by the public or by any organization
or group.
]Amended 8-11-2022 by Ord. No. 2022-883]
A.
The Parks
and Recreation Department shall provide for the issuance of permits
for the use of parks by groups desiring to engage in organized games,
for the use of reserved picnic tables or seating areas, or for any
other special purpose within a park.
B.
Permits
shall be subject to the following restrictions, policies, and conditions:
(1)
A permit
must be in the possession of the permit holder and must be presented
upon request to any employee of the Parks and Recreation Department
or any Township police officer.
(2)
The
activities of the organization or group holding a permit shall be
confined to the area assigned to such organization or group.
(3)
Articles
and equipment belonging to the Township must be returned promptly
in good order and condition. Articles and equipment subjected to wear
and tear beyond that which would reasonably be expected must be replaced.
(4)
All
grounds and facilities in Township parks and playgrounds must be left
in good order and condition, as solely determined by the Director
of Parks and Recreation or their duly authorized representative.
(5)
The
violation of any restriction, policy or condition governing a permit
will result in the immediate cancellation of the permit.
(6)
Any
person to whom a permit is issued shall be liable for any loss, damage,
or injury sustained by any person by reason of the negligence or fault
of the permit applicant, or of the applicant's servants, agents, invitees,
or employees.
C.
Any individual,
group, or organization engaging in a commercial activity in a park
must possess or obtain public liability insurance against loss from
liability imposed by law for damages on account of bodily injury and
property damage arising from the event at the park. Such insurance
shall name on the policy or by endorsement as additional insureds
Upper Merion Township, its officers, employees and agents. Insurance
coverage must be maintained for the duration of the event.
(1)
Coverage
shall be a comprehensive general liability insurance policy.
(2)
The
following minimum limits shall be required:
(a)
$500,000 for each person for bodily injury; $1,000,000 for each occurrence
of bodily injury; and $250,000 for each occurrence of property damage;
or
(b)
$1,000,000 for each occurrence of combined single limit bodily injury
and property damage.
(c)
If food or nonalcoholic beverages are sold or served at the event,
the policy must also include an endorsement for products liability
in an amount not less than $500,000. If alcoholic beverages are sold
or served at the event, the policy must also include an endorsement
for liquor liability in an amount not less than $500,000. At any time
when the insurance coverage required under this section may be purchased
by a permit applicant through a Township insurance policy, such coverage
shall be made available to all permit applicants at the rates stated
in the policy premium schedule.
(d)
A copy of the policy or a certificate of insurance, along with all
necessary endorsements, must be filed with the Township Manager no
less than 10 days before the date of the event unless the Township
Manager for good cause waives the filing deadline. The special event
permit shall not be valid until after the insurance policy or certificate
of insurance, along with necessary endorsements, has been filed by
the applicant and approved by the Township Manager.
D.
The Township
Board of Supervisors may establish additional park permit rules, requirements,
or conditions upon resolution, and may establish fees related to park
permits, by resolution of the Board of Supervisors.
[Amended 2-22-1988 by Ord. No. 88-529; 9-12-1988 by Ord. No.
88-541; 12-31-1991 by Ord. No. 91-593; 8-11-2022 by Ord. No. 2022-883[1]]
Any person who violates any provision of this chapter or the rules and regulations adopted hereunder or incorporated herein through resolution shall be subject to the applicable penalties as set forth in Article III, General Penalty Provisions, and subject to enforcement proceedings as set forth in Article IV, Fines and Penalties, of Chapter 1, General Provisions, for each and every offense.[2]
[1]
Editor's Note: This ordinance also repealed former § 115-10, Motor vehicles, and renumbered former § 115-10.1, Violations and penalties, as § 115-10.
[2]
Editor's Note: Former Arts. II, Motor Vehicles, adopted 2-8-1971 by Res. No. 71-7; III, Alcoholic Beverages, adopted 6-9-1975 by Res. No. 75-37, as amended; IV, Horses,
adopted 4-19-1976 by resolution;
and V, Dogs, adopted 11-8-1976, as amended, which articles immediately followed this article, were
repealed 8-11-2022 by Ord. No. 2022-883.
