Borough of Marietta, PA Chapter 243 Parks

[HISTORY: Adopted by the Borough Council of the Borough of Marietta 8-9-1977 by Ord. No. 77-7 (Ch. 68 of the 1983 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 90.

Animals — See Ch. 96.

Burning and open fires — See Ch. 122.

Firearms, fireworks and projectiles — See Ch. 163.

§ 243-1 Definitions.

For the purpose and within the meaning of this chapter, the following definitions shall pertain:

PARK

Includes parks, park reservations, playgrounds, recreation centers, swimming pools, watershed and all other areas owned or used by the Borough of Marietta and devoted to active or passive recreation, whether within or without the corporate limits of the Borough of Marietta.

PERSON

Includes any individual, firm, partnership, corporation or association, and any servant, agent, assistant, employee, member or representative thereof.

§ 243-2 Regulations.

A. It shall be unlawful for any person to do any of the acts hereinafter described within the limits of any park:

(1) To permit any dog or other animal except wildlife whether running at large or accompanied by a person.

[Amended 7-12-1983 by Ord. No. 83-5]

(2) To hunt for, shoot at, chase, catch or kill, or attempt to shoot at, chase or kill, with or without dogs, any bird or animal.

(3) To engage in any unlawful gaming.

(4) To engage in the throwing of stones or other missiles or projectiles.

(5) To carry, have or discharge firearms, bow and arrows, air or spring rifles or slings.

(6) To drink, possess or be under the influence of malt or brewed beverages, spirituous liquors or wine.

(7) To break, cut, deface, disturb, injure or take any flower, fruit, plant, tree, shrub, bench, building, fence, monuments or other structure, property or apparatus located in any park.

(8) To injure, deface or destroy any posted or permanently fixed signs or notices.

(9) To make or kindle fire except in picnic stoves or fireplaces provided for that purpose. No stoves, including but not limited to charcoal and propane cooking devices, shall be used on table or bench tops. All fires shall be extinguished after use.

(10) Vehicles.

(a) To operate or park any unlicensed motorized vehicle.

(b) To park bicycles in any place except the parking areas provided.

(c) To ride any bicycle in park areas that are posted.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(d) To operate all vehicles, licensed or unlicensed, anywhere except on the roadways intended therefor, or to park said vehicles in places other than those provided.

(11) To commit boisterous, immoral or indecent acts.

(12) To deposit trash, garbage or other litter anyplace except in containers provided for this purpose, or to deposit trash, garbage or other litter not arising from the use of the park in said containers.

(13) To wash, polish or repair any motor vehicle except for emergency repairs.

(14) The North West River Trail regulations are posted on the trail.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 243-3 Violations and penalties.

A. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. All fines and other money imposed or collected under the provisions of this chapter shall be paid into the treasury of the Borough of Marietta.