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Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland 7-19-2005 by Ord. No. 332.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 96.
Animals — See Ch. 102.
Firearms and weapons — See Ch. 151.
Littering — See Ch. 193.
Peace and good order — See Ch. 230.
Protection of public property — See Ch. 247.
Vehicles and traffic — See Ch. 300.
[1]
Editor's Note: This ordinance repealed former Ch. 224, Parks and Recreation Areas, which consisted of Art. I, Rules and Regulations, adopted 8-10-1993 by Ord. No. 209 (Ch. 16, Part I, of the 1983 Code of Ordinances), and Art. II, Licensed Concessions, adopted 6-10-1997 by Ord. No. 256 (Ch. 16, Part 2, of the 1983 Code of Ordinances).
[Amended 6-24-2020 by Ord. No. 455]
The purpose of this article is to provide rules and regulations for the use of and conduct in the developed parks, designated open space and undeveloped parkland owned or operated by West Whiteland Township open to the public for active or passive recreational use. The term "parks" as used herein shall include all parks, playgrounds, fields, improved trails, and passive recreation areas of the aforementioned lands where these rules and regulations are conspicuously posted. This article is enacted to protect the health, safety and welfare of the Township's residents and park users. The Township reserves the right to, and may from time to time, amend or enact rules and regulations by resolution of the Township Board of Supervisors which it considers necessary and proper to implement the provisions of this article and for the proper administration of the parks.
A. 
Hours. The parks shall be open between the hours of sunrise and sunset. At sunset, all activities in the parks shall cease and all persons in the parks shall leave as soon as possible (except for those activities specially permitted by the Township).
B. 
Facilities. The reserved use of Township parks such as recreation fields and other facilities by organized groups or individuals shall be scheduled at the discretion of the Township; a permit shall be issued specifying the date, time and location of the use, and such use shall be subject to any conditions that may be imposed thereunder. A permitted activity will supersede any recreational activity on the fields. (An organized activity or group involves a number of people doing something together in a structured way, rather than doing it by themselves.)
[Amended 6-24-2020 by Ord. No. 455]
C. 
Alcoholic beverages. No individual or group shall possess or consume any alcoholic and/or intoxicating beverages in any park unless specifically granted permission by the Board of Supervisors.
D. 
Personal conduct. No individual or group shall engage in improper conduct within the parks so as to annoy or risk injury to any other person using the parks or occupying adjacent property.
E. 
Disposal of waste. All waste, garbage, and recycling shall be disposed of in receptacles designated for this purpose. The burning of trash or garbage is prohibited. It is unlawful to transport trash, garbage, recycling or any other matter to any park for the purpose of disposal.
[Amended 6-24-2020 by Ord. No. 455]
F. 
Township property. No person shall damage, deface, destroy or remove any park property, including but not limited to: signs, structures, equipment, natural growth or other material.
G. 
Motor vehicles. No person shall operate, stop or park any motor vehicle except on park roads, parking areas or other areas so designated for such use. Nor shall any person operate any motor vehicle in a reckless or negligent manner, in excess of the posted speed limit, or in such a manner as to become a nuisance to other park users or persons occupying adjacent property. All motor vehicles used in a Township park must be licensed.
[Amended 6-24-2020 by Ord. No. 455]
H. 
Firearms. No person other than an officer of the law shall discharge any firearm within the limits of the parks.
[Amended 6-24-2020 by Ord. No. 455]
I. 
Building of fires. No person shall set or maintain any fire in the parks except in stoves or grills or fireplaces maintained for the purpose and located by authority of the Township.
J. 
Pets/animals. Trained assistance dogs which are assisting disabled persons and are controlled by the use of a harness or other restraint are allowed in parks. In addition, licensed dogs, on a harness or other restraint extending no longer than six feet in length and under the control of the handler at all times, are allowed in the parks, except in designated areas posted as prohibited. The handler of a dog shall be responsible for the immediate collection of its excrement in a pet waste bag and the disposal of the pet waste bag in a trash receptacle (if provided) or the removal of the pet waste bag from the premises. No other pets/animals may be brought into the parks.
[Amended 3-30-2011 by Ord. No. 385; 6-24-2020 by Ord. No. 455]
K. 
Notices. No person shall deface or destroy any notice or sign posted at any place within the parks or open space areas by authority of the Township, nor shall any person post any notice or placard at any place within the parks other than by authority of the Township.
L. 
Dangerous athletic equipment. No person shall use javelins, arrows, discus or similar athletic equipment dangerous in character unless the use has been expressly permitted by the Township. The use of baseballs (hardball) is limited to developed ball fields.
M. 
Sound equipment. No person shall use any sound amplification equipment in a Township park, unless specifically permitted by the Township.
[Amended 6-24-2020 by Ord. No. 455]
N. 
Explosives and fireworks. No person shall ignite or discharge any fireworks in a Township park unless specifically permitted by the Township. Fireworks shall be defined by the National Fire Protection Association standards.
[Amended 6-24-2020 by Ord. No. 455]
O. 
Golf. The playing or practicing of golf is prohibited.
P. 
No person shall utilize Township parks, trails, or open space to launch or land aircraft, whether remote controlled or piloted, including but not limited to drones, model aircraft, amateur rockets, autonomous aircraft systems, hang gliders, ultralight planes, remote-controlled planes, hot air balloons, or other flying objects of a similar nature.
[Added 6-24-2020 by Ord. No. 455[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection P, Skateboards.
Q. 
No person shall smoke or possess a lit tobacco-smoke-producing instrument, including but not limited to cigarettes, e-cigarettes, vaping devices, cigars and pipes, in any of the Township-owned parks and open space.
[Added 6-24-2020 by Ord. No. 455[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection Q, which prohibited all-terrain vehicles, minibikes, dirt bikes, trailers and commercial vehicles (except those making deliveries), and repealed former Subsection R, Recreation fields, added 8-14-2007 by Ord. No. 355, which immediately followed this subsection.
[Amended 6-24-2020 by Ord. No. 455]
In addition to the rules enumerated in § 224-2, Township-owned undeveloped parkland and designated open space is open to residents for passive recreational uses only, including hiking, birding, fishing (with valid Pennsylvania license), cross-country skiing, snowshoeing, and bicycling. Undeveloped parkland and designated open space is not maintained by the Township, and, as such, anyone accessing the land should be aware that they do so at their own risk.
Any person, firm or corporation who shall violate any provision of this Article I shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
[Amended 6-24-2020 by Ord. No. 455]
The Township Manager, Township Zoning Officer, Code Enforcement Officer, and police officers may enforce the rules and regulations contained in this article.
Township personnel and equipment shall be exempt from these rules and regulations to the extent necessary to carry out official Township business and duties. Additionally, individuals and groups may be exempted from these rules and regulations for a specific event if specifically authorized in writing by the Township Board of Supervisors.
[1]
Editor's Note: The title of this article, which was formerly Concessions in Parks, was amended 6-24-2020 by Ord. No. 455.
The provisions of this Article II shall apply to all parks defined in Article I herein above.
[Amended 6-24-2020 by Ord. No. 455]
No person, firm, corporation or association shall sell any food, beverage, article, product or service of any kind, nor conduct any commercial operations, in a Township park or open space area without a vendor permit as provided in this article.
[Amended 6-24-2020 by Ord. No. 455]
A. 
Each person, firm, corporation or association desiring to apply for a vendor permit as described in § 224-8 must submit information in writing required by the Township on the application form.
B. 
No vendors shall use Township facilities such as pavilions, ball fields, or equipment such as grills, etc., for commercial operation purposes.
C. 
Each vendor shall provide to the Township a certificate of insurance naming West Whiteland Township, its elected officials, agents, volunteers and employees as additional insured, evidencing commercial general liability insurance with per-occurrence and aggregate limits of not less than $1,000,000.
Upon approval, vendors shall pay a permit fee as specified in the fee schedule adopted by the Board of Supervisors annually.
Upon compliance with the requirements of this Article II, a vendor permit shall be issued by the Township Manager or designee.
Any person, firm, corporation or association who violates or permits the violation of any provision of this Article II shall be subject to immediate revocation of the license by the Township Manager or designee and the penalties set forth in §§ 224-3 and 224-4 herein above.
[Amended 6-24-2020 by Ord. No. 455]
Upon approval by the Board of Supervisors, the provisions of this Article II may be waived for commercial operations as part of a Township-sponsored event or festival.