City of Butler, PA Chapter 198 Parks and Playgrounds

[HISTORY: Adopted by the City Council of the City of Butler 11-30-2021 by Ord. No. 1804.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 198, Playgrounds, adopted 2-19-1987 as Part 9, Title 5, Art. 921, of the 1987 Codified Ordinances, as amended.

§ 198-1 Definitions.

Except where the context clearly indicates otherwise, the following terms used in this chapter shall have the following meanings:

CITY

The City of Butler.

DEPARTMENT

The Butler City Department of Parks.

DIRECTOR

The Director for the Butler City Parks and Public Property Department as designated by City Council.

PARK SYSTEM

Any lands or facilities owned or leased by the City of Butler and designated or used by the City for park or open space purposes.

§ 198-2 Designation of playgrounds and parks.

The following are the lot designations for parks and playground areas within the City:

A. Broad Street Playground. A lot situated in the Fifth Ward, bounded on the north by West Brady Street, on the east by Broad Street, on the south by Broad Street School and on the west by Albert Griffin Avenue.

B. Institute Hill Playground. A lot situated in the Second Ward, bounded on the north by Reeder Street, on the east by Second Street, on the south by East Jefferson Street and on the west by School Street.

C. Christie Avenue Playground. A lot situated in the First Ward, bounded on the north by East Christie Avenue, on the west by Ritter Street, on the south by a closed alley and on the east by property of R.T. McGregor.

D. Whippo Avenue Playground. A lot situated in the First Ward, bounded on the north side by Whippo Avenue.

E. Memorial Park. An area bounded by Miller Street and Mercer Street.

F. Father Marinaro Park. An area bounded by Kaufman Drive on the north and Ziegler Drive to the south.

G. Ritts Park. An area bounded by Route 8 on the west, McKean Street on the east, and Dingham Road on the north.

H. Doughboy Park. An area bounded by New Castle Street on the north, Cunningham Street to the south and Mercer Street on the east.

§ 198-3 Hours.

A. The park system and recreational facilities established, maintained and operated by the Department are open to all members of the public.

B. All parks and playgrounds shall be open to the public between from dusk to dusk of each day unless different hours are established by general or specific notification made by the Director.

C. Those areas in the park which have lighted facilities, not including streetlights, shall be open to the public after dusk for as long as the lights shall be on. The hours of these facilities shall be established by the Director.

D. Any section or part of any park or recreational facility may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or for certain uses, as the Director may find necessary. Any aggrieved party may appeal to the Director in writing within 10 business days.

§ 198-4 Permits.

Permits are required for the following purposes:

A. Exclusive use of shelters and pavilions in the parks.

B. Any other purpose as set forth in this chapter.

§ 198-5 Application for reservations/permits.

A. In each calendar year, reservations/permits for shelter/pavilion rental will start to be taken the last Friday in February from 8:30 a.m. to 12:00 noon at the Treasurer's office in the Butler City Building, 140 West North Street, Butler, PA.

B. A separate alcohol permit must be applied for at the same time if alcohol will be consumed or present during the shelter rental.

C. When a fee is required, permits will not be issued until payment is received.

D. No person under the age of 18 years of age shall be issued a permit to use the park system. No alcohol permit will be issued to anyone under the age of 21 years.

E. The holder of any permit issued by the Department shall be held responsible for the actions and conduct of all persons using the facility under his/her permit. This section shall not apply to any permit holder engaged in constitutionally protected activities.

F. A $50 security deposit is required and will be held until after the rental of any Memorial Park shelter. The amount of the security deposit and/or the shelters included may increase in the future, as is necessary. In order for the security deposit to be refunded, the following requirements must be met:

(1) All tables must be returned to their original position.

(2) All trash must be placed in the containers provided.

(3) The facility should be left the way it was when you arrived.

(4) Refer to § 198-14 for restrictions for attachments to any park system property, including picnic shelters/pavilions/picnic tables.

G. The rental fee for Butler City park shelters are listed in the City of Butler's fee schedule. Rentals by nonprofit organizations will receive a 50% discount.

H. The Butler City Parks and Public Property Department has a no-refund policy in effect for all shelter rentals.

I. All permit holders for park facilities must also comply with all other rules governing the use of the park system where applicable.

§ 198-6 Guidelines for issuance of permits.

A. The Department shall issue a permit hereunder when it is satisfied that:

(1) The proposed use will not unreasonably interfere with or detract from the general public use and enjoyment of the park system.

(2) The proposed use does not present a substantial or unwarranted safety hazard.

(3) The facilities desired have not already been reserved.

(4) The proposed use will not cause damage or injury to property.

(5) The proposed use complies with all applicable provisions of the parks rules and regulations.

B. The Department shall take the following additional considerations into account in considering permit requests to fairly determine as to whether a permit should be issued hereunder or may require the requester to complete a special event application to aid in its determination:

(1) The size and purpose for which the park is normally used.

(2) The location of the park and the area surrounding it.

(3) The facilities available to accommodate the intended use.

C. The Department shall act on all permit applications within 14 days unless, by written notice to the applicant, it extends the period an additional 14 days. At the discretion of the Department, in exceptional circumstances (i.e., a request for an event governed by and/or protected by the First Amendment of the United States Constitution which, in light of the timing of events, could not possibly be submitted within the fourteen-day window), the Department will undertake to act on an application within 24 hours or as soon as is practicable under the circumstances.

D. Any person or association of persons denied the issuance of a permit or a fee waiver may appeal to the Butler City Council in writing within 10 business days of being notified of said denial.

E. If the Butler City Council affirms a permit denial or a fee waiver, the applicant may seek judicial review in the Court of Common Pleas of Butler County.

§ 198-7 Application for exclusive use of athletic fields or facilities.

A. Any groups desiring to utilize any of the parks or facilities on an exclusive basis should submit a written request to the Director of Parks and Public Property requesting an agreement to use the parks or facilities. The request should include the facilities requested and the proposed date(s) of use. The request shall be made at least 60 days in advance of the initial date of usage.

B. Within 30 days of the receipt of the request, the Director of Parks and Public Property will provide the group with a written agreement that outlines facilities to be reserved on an exclusive basis, dates and times of use, any costs or deposits, and any proof of insurance requirements.

C. City Council will consider the agreement for approval at the first Council meeting following the receipt of the signed agreement and accompanying proof of insurance and deposit, if necessary.

D. If the Butler City Council denies any agreement, the applicant may seek judicial review in the Court of Common Pleas of Butler County.

§ 198-8 Operation and parking of motorized vehicles.

The City of Butler hereby exercises its power to control traffic within the physical boundaries of the park system pursuant to 75 Pa.C.S.A. § 6102(b) and § 6109. In accordance with this authority:

A. No person shall:

(1) Park a vehicle in the Butler City park system between the hours of 9:00 p.m. to 9:00 a.m. unless different hours are established by general or specific notifications or by permit or written permission from the Director.

(2) Operate a vehicle and stop, stand or park said vehicle in any place marked as a passenger or loading zone, other than for expeditious loading or unloading of passengers, or the unloading and delivery or pickup of loading of materials.

(3) Operate and stop, stand or park a vehicle upon any roadway or in any parking area in such a manner as to form an obstruction to traffic thereon.

(4) Drive upon or park upon any lawn in any park unless specifically authorized to do so by the Department.

(5) Operate and stop, stand, or park a vehicle in such a manner as to block or restrict the use of a pavilion/shelter access road, maintenance road, gate, or a bike/hiking trail.

(6) Operate a vehicle or park in any place where "No Parking," "Do Not Enter," "Road Closed" or "Authorized Vehicles Only" signs or any sign and/or barricades have been erected that would indicate that the area is not open to the general public without first obtaining permission from the Department.

(7) Operate or park a vehicle in such a manner as to block the exit or removal of another vehicle.

(8) Operate or park a vehicle in such a manner as to take up more than one designated parking space.

(9) Park in an area designated for handicapped persons only without displaying a placard or license plate legally issued to the operator.

(10) Operate a vehicle in excess of 15 miles per hour within the park system unless a higher rate of speed has been posted.

(11) Operate a vehicle in any park or place other than park roadways open to the general public except vehicles authorized by the Department for the purpose of park maintenance, improvement, or patrol functions, or to areas set aside as special use areas.

(12) Operate any vehicle within the park system carelessly disregarding the rights and safety of others or in a manner so as to endanger any person or property.

(13) Operate any type of mini bike, scooter, dirt bike, ATV, snowmobile or other motorized vehicle that is not authorized for operation on the public highways.

(14) Wash, wax or make mechanical repairs on vehicles except in cases of emergency.

(15) Fail to yield the right-of-way to any person hiking, walking or biking on designated trails where such trails cross streets or roadways.

(16) Disobey the direction of traffic control device or a duly authorized park employee or designee.

(17) Operate a vehicle in a manner that causes damage or injury to turf, lawn or park property.

(18) Continuously cruise or ride in or on any motor vehicle in, through, or around any park system property.

B. In conjunction with this section, the Motor Vehicle Code of Pennsylvania shall apply to all park roadways within the park system.

C. No one is permitted to drive or park any vehicle, trailer, concession stand, or similar conveyance on any part of the park system, or to cook or prepare servings of food in the park system unless they are located by a shelter for which they have obtained a permit.

§ 198-9 Operation of bicycles.

No person shall:

A. Ride a bicycle upon any property within the park system except on specifically designated areas or trails and paved roads.

B. Ride a bicycle in a careless, negligent or reckless manner so as to create a nuisance or to endanger the life or property of persons within the park system.

C. Ride a bicycle in a careless, negligent or reckless manner causing damage to a trail or property within the park system.

§ 198-10 Littering.

A. No person shall bring any waste paper, sweepings, ashes, household waste, glass, metal, yard waste, animal waste or carcass, refuse or rubbish or any dangerous or detrimental substance into the park system and deposit the same, either in a receptacle or any other place.

B. Nothing in this section prohibits trash or waste generated in the park from a picnic or similar activity to be put into receptacles supplied for that purpose.

§ 198-11 Vandalism.

No person shall:

A. Climb upon or in any way injure any statue, fountain, wall banister, ledge, fence, balustrade, railing, pavilion, tree, athletic equipment, bridge or other equipment or structure or play on wet grounds in a manner injurious to turf.

B. Tamper with, mar, remove or destroy any official or authorized sign.

C. Deposit any bodily waste or fluids in or on any portion of any restroom or similar facility or other public structure except directing into such particular fixtures as may be provided for that purpose.

D. Place any bottle, can, rag, and cloth, metal, wood or stone substance in any of the plumbing fixtures in any restroom or similar facility or any other structure.

E. Cut, deface, mar, destroy, break, write on or scratch any walls, floor, ceiling, partition, tree, rock, fixture, or furniture.

F. Use paper towels, toilet paper or waste soap in any improper manner.

G. Cause damage to any park facilities, including restrooms, buildings, structures, property or equipment.

H. Engage in any form of graffiti activity within the park system.

I. Erect any type of structure within the park system.

§ 198-12 Other prohibited activities in parks.

A. No person shall:

(1) Tamper with drinking fountains, hydrants, or other water system facilities or use water other than for drinking or cooking unless otherwise designated.

(2) Bring glass containers of any type into any area of the park system.

(3) Fly model powered planes except in officially designated areas and with written permission from the Director.

(4) Launch model rockets.

(5) Gamble in any form.

(6) Pour or cause to spill or permit to escape in any area any oil, gas, salt, acid, or other harmful or noxious substance whether liquid, solid or gas, except pursuant to the provisions of an official permit.

(7) Urinate or defecate anywhere in the park system except in a restroom or other facility provided for such purposes.

(8) Engage in any form of golfing activity.

(9) Throw rocks, stones or other objects from any overlook or cliff.

(10) Fail to obey a posted park sign.

(11) Use a skateboard, in-line skates, or similar wheeled apparatus or equipment except within an area designated as a skate park or on paved roadways.

B. Overnight camping anywhere within the park system is prohibited.

C. Nothing may be affixed, erected, or mounted to any surface without specific permission granted in the permit application.

D. Use of tobacco products is prohibited in the Butler City park system, including e-cigarettes and vaporizers.

E. No alcohol or alcoholic beverages are permitted within the Butler City Parks System, without an alcohol beverage permit.

§ 198-13 Destruction of plant life and natural surroundings.

No person shall:

A. Cut, remove or destroy any tree, sapling, seedling, bush or shrub, living or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub, or break or remove any branch, foliage, tree or shrub, or pick, gather, uproot, remove, cut or destroy any flower, fruit, berry, plant or grass, or chisel, drill or remove any natural stone deposit except with written permission from the Director.

B. Remove or cause to be removed or to dig any sod, earth, humus, peat, boulder, rock, gravel, or sand except with written permission from the Director.

§ 198-14 Attachments.

No person shall hitch, tie, fasten, nail, anchor, screw, staple or otherwise attach any wire, cable, chain, rope, card, sign, poster, advertisement, notice, announcement, handbill, board or other articles or device to any post, tree, shrub, rock outcropping, traffic or park sign or structure, including picnic shelter/pavilions, and picnic tables except in accordance with a special event permit issued by the Department.

§ 198-15 Mushroom hunting guidelines.

A. Mushroom hunters will be permitted to gather mushrooms off-trail, provided excessive trampling of natural areas does not occur.

B. Mushroom hunters are expected to otherwise adhere to all current park rules and regulations.

C. Mushrooms are to be collected in open-weave baskets or equivalent collection device to increase the potential for spore dispersal as mushrooms are moved through the property.

D. Mushroom hunters may not make a total harvest of mushrooms at any given collection site. An ample number of representatives of each species harvested must be left behind at each collection site.

E. Digging out mushrooms is permitted only to identify those species that cannot be safely identified above ground. Digging is to be done to the minimal amount necessary.

F. Mushroom hunters are to practice good natural area stewardship by ensuring that their outerwear, gloves, and boots are free of mud and hitch-hiking seeds before hunting mushrooms on park property.

G. Any coarse woody debris (logs, stumps, etc.) moved during the mushroom collection process should be returned to its original resting spot to preserve the integrity of insect and herptile microhabitat.

H. Mushrooms collected on park property are intended for personal consumption and are not to be sold.

I. Butler City Parks and Public Property Department does not assume responsibility for the identification of any mushroom species on its property and is not responsible for any illness which may result from the ingestion of a wild mushroom.

§ 198-16 Alcoholic beverages.

A. No person shall:

(1) Consume or possess an alcoholic beverage while in or on property within the park system unless they possess a shelter rental and alcohol beverage permit previously issued by the Treasurer's office of the City of Butler.

(2) Enter or remain within the park system while under the influence of alcohol to the degree that they may be a danger to themselves or other persons or property.

(3) Sell any alcoholic beverage, for any event, even though they might possess an alcohol beverage permit issued by the Park Office.

(4) Bring any glass containers onto any park property.

B. Any person violating any of the provisions of this section shall, upon summary conviction thereof before any District Justice, be sentenced to pay a fine of not more than $300, with costs of prosecution, or to be imprisoned for not more than 10 days, or both.

C. The Park Director or his designee shall confiscate alcoholic beverages in any person's possession while in or upon property within the park system without the aforementioned alcohol beverage permit.

§ 198-17 Illegal drugs and controlled substances.

A. No person shall:

(1) Consume or possess any illegal drug, drug paraphernalia or controlled substance, as listed and defined in the act of April 14, 1972 (P.L. 233, No. 64), 35 P.S. § 780-101 et seq., known as the "Controlled Substance, Drug, Device and Cosmetic Act," while in or upon any property within the park system.

(2) Enter or remain within the park system while under the influence of any illegal drug or controlled substance to the degree that they may be a danger to themselves or other persons or property.

B. Nothing in this section shall prohibit or interfere with the use or possession of a controlled substance pursuant to a lawful order of a practitioner as defined by the Controlled Substance, Drug, Device and Cosmetic Act.

§ 198-18 Personal conduct.

While in or on any property administered by or under the jurisdiction of the Department within the park system, no person shall:

A. With the intent to cause a breach of peace, disturb or annoy others, public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:

(1) Engage in fighting or threatening, violent, lewd, vulgar, wanton, obscene or otherwise disorderly, abusive or tumultuous behavior;

(2) Make unreasonable loud, boisterous, noise; or

(3) Engage in any other behavior which would constitute the offense of disorderly conduct.

B. Engage in any form of sexual activity.

C. Appear in public in a manner that exposes their genitalia or buttocks.

D. Appear in public in a manner that exposes the female breast, including but not limited to topless sunbathing.

E. Commit any indecent or immoral act tending to debauch the morals or manners of the public.

§ 198-19 Peddling.

No person shall:

A. Peddle or solicit business or post commercial advertising matter on property within the park system unless first obtaining permission in writing from the Director.

§ 198-20 Use of audio equipment.

No person shall:

A. Use a loudspeaker, public address system or amplifier within or upon property within the park system at a volume which is reasonably anticipated to disturb or annoy others.

B. Play or cause to play any radio, audio device, television or stereo equipment, or similar device, at a volume which is reasonably anticipated to disturb or annoy others.

§ 198-21 Fires.

Open fires of any kind are not permitted within the park system. No person shall:

A. Set or cause to be set on fire any tree, woodland, brush, grassland or meadow.

B. Set or cause to be set on fire any material, item, or property within the park system which is not intended for such purposes.

C. Build any fire except in grills provided by the City park system.

D. Drop, dump, throw or otherwise scatter lighted matches, ashes, burning cigars, cigarettes, tobacco paper or other flammable material.

E. Leave fires unattended at any time or not fully extinguished before being abandoned within the park system.

F. Ignore the "No Smoking" zones within the park system.

§ 198-22 Fireworks and explosives.

The possession or discharge of any fireworks or explosives on property within the park system is prohibited.

§ 198-23 Animals, birds and reptiles.

No person shall:

A. Pursue, catch, attempt to catch, strike, molest, wound or kill any bird, animal or reptiles or disturb any nest, lair, den, burrow or the like of any animal, except in such limited areas which the Department may from time to time designate as authorized hunting areas.

B. Drive or pursue any wild bird or animal from the confines of the park system.

C. Spotlight or use vehicle headlights to view animals except in accordance with the Pennsylvania Game and Wildlife Code and the rules and regulations of the Pennsylvania Game Commission.

D. Leave or abandon any animal in the park system.

§ 198-24 Hunting and trapping.

Hunting is prohibited on all park property owned or operated by the City of Butler.

§ 198-25 Dogs, pets and other animals.

A. Dogs, pets and other animals must be under control of the owner at all times.

B. No person shall:

(1) Bring, drive, lead or carry any dog, animal or domesticated pet which is unleashed or on a leash more than six feet in length. Animals must be under immediate control of a competent person.

(2) Permit a dog, cat or other domesticated animal within 100 feet of any picnic shelter/pavilion, picnic table, play equipment or other areas as posted.

(3) Bring a dog, cat, or other domesticated animal into the park system unless said animal holds a current year's license and up-to-date rabies/inoculation/vaccination tags.

(4) Bring, drive, or lead any farm animal into the park system without specific written event permission by the Director.

(5) Torture, abuse or neglect any animal.

(6) Permit his dog or other pet to pursue, catch, wound or kill any bird, animal or reptile or disturb the nests, dens, home or place of refuge of any other animal or bird.

(7) Have a pet in attendance while riding a bicycle or other nonpowered conveyance in any park area.

C. All persons must remove any feces deposited by dogs, cats or other domesticated animal.

D. Nothing in this section or this chapter shall prohibit or interfere with the use of guide, signal, or service animals as defined by the Americans with Disabilities Act.[1]

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 198-26 Trespass.

No person shall:

A. Enter upon any grounds or enter into any fenced-in area that have been posted by the Department with "No Trespassing" 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 Department.

B. Enter any building or area that is not open to the public.

C. Enter upon any construction site or disturb any construction equipment on property within the park system except authorized personnel.

D. Enter upon any grounds or any building in violation of an expulsion order issued by the Department.

E. Overnight camping anywhere within the park system is prohibited.

§ 198-27 Unlawful obstruction.

A. No person shall force, threaten, intimidate, fence, enclose, or by any other means prevent or obstruct any person from:

(1) Entering, leaving, or making full use of the park system.

(2) Accessing their personal property while within the park system.

B. This section shall not apply to lawful activities of authorized employees of the Department consistent with the terms of this chapter and other applicable statutes, rules and regulations.

§ 198-28 Hindering employees.

No person shall:

A. Interfere with, use profanity towards or in any manner hinder any park employee or designee in the performance of their official duties.

B. Fail or refuse to obey any lawful command by a park employee or designee.

C. Provide false information to a park employee or designee.

§ 198-29 Firearms and weapons.

A. Possession of a firearm within the park system shall be in accordance with the Pennsylvania Uniform Firearms Act (18 Pa.C.S.A. § 6101 et seq.).

B. Use or discharge of an air rifle, air gun, paintball gun, BB gun, slingshot, crossbow, bow and arrow, or any other tension/air-propelled device is prohibited unless in connection with a permissible special event permit granted in accordance with these rules and regulations.

§ 198-30 Fees, charges, forms and regulations.

The City may establish and, from time to time, revise fees, charges, forms and regulations associated with the use of the park system to implement this chapter. Said fees, charges, forms and regulations shall be approved by the Butler City Council by resolution.

§ 198-31 Natural areas.

Natural areas in the park system will be specific sites set aside where no buildings or structures are permitted. These areas are to be used by the public for their intended purpose and shall remain as nearly as possible uninfluenced by man, excepting accommodations for visitors for passive recreational uses.

§ 198-32 State statutes and other applicable regulations.

All applicable statutes, rules and regulations of the Commonwealth of Pennsylvania shall have full force and effect upon any property within the park system and shall be enforced by those having appropriate jurisdiction.

§ 198-33 Violations and penalties.

Any person who violates any provisions of this chapter shall, for every such offense, upon conviction thereof in a summary proceeding before a Magistrate or District Justice or other appropriate judicial official, be sentenced to pay a fine not more than $300, as well as the costs of restitution, as applicable, and/or to undergo imprisonment for a term not exceeding 90 days. In addition, such person shall be liable to the full extent for any damage that he or she causes. Furthermore, any violation of this chapter may, at the discretion of the Director, or his designee, result in an expulsion from all City park properties or any portion thereof for a minimum of six months but not to exceed two years depending on the severity of the violation.

§ 198-34 Severability.

The provisions of this chapter are severable. If any sentence, clause or section of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not invalidate the remainder of this chapter, and it is hereby declared to be the intention of the Butler City Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause or section not have been included herein.

§ 198-35 Repealer.

All ordinances and resolutions or parts thereof which are inconsistent herewith are hereby repealed insofar as they are inconsistent.