[Adopted 12-19-1983 by Ord. No. 245]
This article shall be known as the "Derry Township
Park and Recreation Advisory Board Ordinance."
There is hereby established a Derry Township
Park and Recreation Advisory Board, which shall consist of seven residents
of Derry Township, who shall serve without pay. Two of these members
shall be members or appointees of the Derry Township School Board
and the remaining five members shall be appointed by the Board of
Supervisors. The terms of office shall be for a period of five years
or until their successors are appointed. All members appointed to
the Park and Recreation Advisory Board shall serve without pay and
shall serve their full terms unless they voluntarily resign or are
removed by the Board of Supervisors for dereliction or neglect of
duty. Vacancies in the Park and Recreation Advisory Board occurring
otherwise than by expiration of the term shall be for the unexpired
term, and shall be filled in the same manner as the original appointment.
The terms of office shall be so fixed that the term of not more than
two members shall expire annually. Inasmuch as a Derry Township Park
and Recreation Board was previously established by a duly adopted
ordinance of the Derry Township Board of Supervisors, and inasmuch
as the appointees thereto, and the terms of office thereof, correspond
with the provisions of this article, those appointees shall continue
to serve on the Park and Recreation Advisory Board created herein
for the duration of the term of office to which each was originally
appointed, except that each term shall expire on December 31 of the
year immediately preceding the current expiration date.
[Amended 11-9-1988 by Ord. No. 300]
During the month of January of each year, the
members of the Park and Recreation Advisory Board shall reorganize
and shall elect their own Chairman and Secretary and select all other
officers to serve for a period of one year.
The Park and Recreation Advisory Board shall
be responsible for reviewing the recreational programs and facilities
of the Township, and shall make recommendations to the Board of Supervisors
for new programs or facilities or for improving existing programs
or facilities. It is anticipated that the advisory role will enable
the Board to be the eyes and ears of the Supervisors as to public
park and recreational needs and will allow the Advisory Board to concentrate
on plans and programs since the Board of Supervisors will now have
operational responsibility. The Advisory Board shall submit an annual
report to the Board of Supervisors on or before March 1 of each year
which shall include an analysis of the community recreation areas,
facilities and leadership, with particular reference to the extent
and adequacy of the program and its effectiveness in view of the public
expenditure involved and the public needs to be met. The Advisory
Board shall submit such other reports as the Board of Supervisors
may request from time to time on specific subjects relating to parks
and recreation. The Advisory Board shall meet no less than quarterly
with the Board of Supervisors to exchange ideas and information.
Within the constraints of the Township budget
and other demands, the Director of Parks and Recreation shall work
with the Advisory Board and supply such secretarial and technical
assistance to the Board as the Director deems practical and appropriate.
The Advisory Board may request additional assistance from the Board
of Supervisors by channeling such requests through the Township Manager,
who shall present the request to the Board of Supervisors if he cannot
satisfy the Advisory Board's request for assistance.
A.
The rules and regulations promulgated and adopted
by the Park and Recreation Board for use of various recreation areas
and facilities remain in effect. Modifications to or additional rules
and regulations may be proposed by the Department of Parks and Recreation.
All rules and regulations shall be adopted by resolution of the Board
of Supervisors. (See Appendix A.[2])
[2]
Editor's Note: Appendix A, Park Rules and
Regulations, is included at the end of this chapter.
B.
Enforcement remedies.
(1)
If it appears to the Township that a violation of
the rules and regulations adopted pursuant to this article has occurred,
the Township staff may initiate civil enforcement proceedings by complaint
or such other means as may be provided by the Pennsylvania Rules of
Civil Procedure; provided, however, that if the violation involves
health, fire, public safety, solicitation, curfew, water, air or noise
pollution, summary criminal proceedings may be filed pursuant to the
Pennsylvania Rules of Criminal Procedure.
(2)
Civil enforcement remedies.
(a)
Any person, partnership or corporation who or
which has violated or permitted the violation of rules and regulations
adopted pursuant to this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgement of not more than $600 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgement
shall commence or be imposed, levied or payable until the date of
determination of a violation by the District Justice. If the defendant
neither pays nor timely appeals the judgement, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day that a violation continues and each section of this article
which shall be found to have been violated shall constitute a separate
violation.
(b)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
(c)
District Justices shall have initial jurisdiction
over proceedings brought under this section.
(3)
Summary criminal violation and penalties. Any person,
firm or corporation who shall violate any rules and regulations adopted
pursuant to this article, upon conviction thereof in an action brought
before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation continues or each
rule or regulation which shall be found to have been violated shall
constitute a separate offense.
The Derry Township Board of Supervisors through
its Department of Parks and Recreation shall hereinafter be responsible
for the operation of all Township recreation areas, facilities and
programs.
