[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 5-14-1979 by Ord. No. 320. Amendments noted where applicable.]
GENERAL REFERENCES
Parks generally — See Ch. 159.
The Boroughs of Lehighton, Weissport and Parryville, pursuant
to the Borough Code Act of February 1, 1966, P.L. 2711 (53 P.S. § 47711)
and the Townships of Franklin, East Penn and Mahoning, pursuant to
the Act of May 1, 1933, P.L. 103. as amended (53 P.S. § 66905),
hereby establish a joint commission to be known as the "Lehigh Canal
Recreation Commission."
The membership of the Lehigh Canal Recreation Commission shall
consist of one designated individual from the Boroughs of Lehighton,
Weissport and Parryville and one designated individual from the Townships
of Franklin, East Penn and Mahoning, which, together, shall serve
as a six-man Commission. The respective Borough Councils and the Board
of Supervisors of the respective townships shall appoint a member
annually to this Commission, and said appointment shall take place
in the January meeting of each municipality. The term of office shall
be for one year.
The duties, rights, responsibilities and obligations of the
Lehigh Canal Recreation Commission shall be as set forth in the Second
Class Township Code and the Borough Code, as cited above, and the
Commission shall report annually no later than the 31st day of December
of each calendar year to the respective municipalities so that the
respective municipalities remain fully informed of the activities
of the Commission.
The Commission shall establish rules and regulations for the
use of the recreation facilities known as "Lehigh Canal Park," which
rules and regulations shall be consistent with the intent of the rules
and regulations adopted by the respective municipalities in this chapter.
The following operating policies are established by the respective
municipalities for the use in the operation and maintenance of the
recreation facility by the Commission.
A.
Hours of operation. Recreation, park and conservation areas shall
be open daily to the public according to official posted or advertised
hours; and it shall be unlawful for any person or persons, other than
Commission personnel conducting Commission business therein, to occupy
or be present in said park during any hours in which the park is not
open to the public. Permits must be obtained for use after official
hours for specific activities. Any section or part of the recreation,
park and conservation areas may be declared closed to the public at
any time and for any interval of time, either temporarily or at regular
or stated intervals. During such periods of time, it shall be unlawful
to enter upon or occupy such areas or portions thereof contrary to
posted regulations.
B.
Group activity. No persons shall gather or assemble in groups of
25 or more persons, within the limits of the property, without having
first made application to the Lehigh Canal Recreation Commission for
a permit therefor. The application forms adopted by either the Director
of Parks, Director of Recreation or the Lehigh Canal Recreation Commission
may require an indemnity bond or other security to protect the Commission
from any liability of any kind. Further, the application for such
permit shall be in the name of a person who shall be responsible for
seeing that all refuse left by the group shall be placed in proper
containers before leaving the park. The Recreation Commission shall
grant the permit if it appears that the group, association or organization
meets all other conditions contained in the application. Such permit
shall indicate the spot in the park where such gathering or meeting
shall be held, and such gathering shall not be held at any other spot
within the park. It shall be unlawful for any person to have in his
or her possession, custody or control any alcoholic beverage, including
beer, of any kind whatsoever, except as a member of an authorized
group, association or organization granted a permit for particular
activities, especially designated areas as set forth in this section.
Copies of all permits shall be supplied to the Chief of Police of
each municipality upon issuance.
C.
The Lehigh Canal Recreation Commission shall have the authority to
issue a fee schedule for permits, set the amount of deposits and prescribe
conditions under which deposits are collected or forfeited. Such revenue
shall be used for recreation, park and conservation purposes within
the general fund.
D.
Use of facilities. Facilities and areas in the recreation, park and
conservation areas shall be used only for the purposes designated
or implicit in their character. All fish and game laws from time to
time promulgated by the Commonwealth of Pennsylvania shall be applicable
in the use of these facilities.
E.
Motor vehicles. Licensed motor vehicles shall be permitted only on
designated roadways. The speed limit for such vehicles on such roadways
shall be 15 miles per hour. Motor scooters, motorcycles, minibikes,
go-carts and snowmobiles shall not be permitted on roadways designated
for licensed vehicular traffic unless licensed for travel on the public
roads of the Commonwealth of Pennsylvania. All vehicles shall be parked
in areas or places so provided and designated. Parking in places contrary
to posted regulations and times is prohibited, and such vehicles may
be removed by the Commission at the owner's expense. All parking
is prohibited after closing time. It shall be unlawful to clean, wash,
repair or do any work whatsoever on private vehicles within recreation,
park and conservation areas, except for emergency repairs. No motorized
vehicles are allowed, except emergency and authorized snowmobiles
permitted on designated roadways between December and March. Here
all Pennsylvania game laws apply.
F.
Prohibited acts. No persons, except those authorized by the Lehigh
Canal Recreation Commission, in conducting county business, shall,
in recreation, park and conservation areas:
(1)
Injure, deface, remove, befoul or in any manner destroy or be caused
to be destroyed any part of recreation, park or conservation sites
owned by the Commission, any building, sign structures, equipment,
utility, fixtures or other property found therein.
(2)
Remove, injure, cut or destroy any tree, flower, shrub, plant, turf
or growing things or any rock or other material.
(3)
Remove any bench, seat or table or change the location thereof.
(4)
Injure, deface or destroy any notice, rule or regulation posted at
any place within the park by authority of the Recreation Commission.
(5)
Kill, trap (except as hereinafter provided), hunt, pursue or in any
manner deliberately disturb or cause to be disturbed any wild bird
or animal within the recreation, park and conservation sites owned
by the Commission. Live trapping of animals in park areas may, from
time to time, be done by the Commission or its designee in order to
preserve the facility.
G.
Fires and fireworks. Fire may not be built or allowed anywhere in
recreation, park or conservation areas except in stoves, fireplaces
or designated areas provided for that purpose. Permits must be secured
for any fireworks at any time and for fires to be maintained after
closing time. Copies of any permits shall be forwarded for review
before issuance.
H.
Animals. It shall be unlawful for owners of domesticated animals
to permit the same within recreation, park or conservation areas without
being controlled by a leash not more than six feet long. Permits may
be obtained for the training and/or exhibition of animals in designated
areas. It shall be unlawful to bring any dangerous animal into any
park area. Animals may be prohibited from any area by the placement
of appropriate signs.
I.
Gambling. Gambling is prohibited on recreation, park or conservation
lands.
J.
Alcohol. No person shall bring any spirituous liquor onto the recreation,
park or conservation lands for his own use or for any other purpose,
except by express written prior approval of the Commission.
K.
Weapons. It shall be unlawful for any person, other than those authorized
by the Commission or an officer of the law, to carry or discharge
firearms, bows and arrows, pellet and BB guns, slingshots or other
lethal weapons in the park area.
L.
Merchandising, advertising and signs. No person shall, in conservation,
recreation or park areas:
(1)
Offer for sale any such article or thing or station or place any
stand, cart or vehicle for the transportation, sale or display of
any such article or thing, except under the authority of the Director
of Parks or the Executive Director of the Lehigh Canal Recreation
Commission by application and permit.
(2)
Announce, advertise or call public attention in any way to any article
or service for sale or hire.
(3)
Post, paste, fasten, paint, write, draw, carve, tack or affix any
placard, bill, notice, sign, advertisement or any inscription whatever
upon any structure, tree, stone, fence, thing or enclosure within
any park area or on any public lands or highways or roads adjacent
to any recreation, park or conservation area, except that the Commission
may place informational signs within such areas.
M.
Off-road vehicles. It shall be unlawful to operate any motorized
vehicle other than on designated roadways. This shall include but
not be limited to automobiles, motorcycles, minibikes, mopeds, snowmobiles
or any other motorized vehicle.
N.
No person shall bathe or swim in the canal except at areas designated
for that purpose. No gasoline-motorized boats shall be allowed on
the canal waters.
O.
Personal conduct. It shall be unlawful for any person in any recreation,
park or conservation area to:
(1)
Disturb the peace by use of profane or obscene language.
(2)
Endanger the safety of any person by any conduct or act.
(3)
Commit any assault or battery or engage in fighting.
(4)
Carry, possess or drink any alcoholic beverage, including beer, except
as otherwise permitted under this chapter.
(5)
Violate any rule for the use of the park made or approved by the
Director of Parks, Director of Recreation or the Lehigh Canal Recreation
Commission.
(6)
Prevent any person from using the park or any of its facilities or
interfere with such use in compliance with this chapter and the rules
applicable to such use.
(7)
Act in an unlawful, disorderly or disruptive manner or against the
best interests of the areas or other people.
The municipalities enacting this chapter hereby, individually
and collectively, authorize the law enforcement officers of their
respective municipalities and the law enforcement officers of the
municipalities party to this chapter to enforce this chapter, as well
as any rules and regulations promulgated by the Commission, on the
property of the Lehigh Canal Park within or without the municipal
limits of the employing municipality with the same force and effect
as the appointment of such law officer to serve within the municipality.
Since the Lehigh Canal Park property is owned by six municipalities
which are parties to this agreement, the purpose of this section is
to authorize the law enforcement officers of each municipality to
this chapter to enforce the provisions of the chapter in and along
the Canal Park property without the restriction of municipal limitations.
The law enforcement officers are authorized to proceed in the usual
fashions of ordinance violation, and the fines collected thereon shall
belong to the municipality in which the violation occurs, and each
municipality shall quarterly make a grant to the Lehigh Canal Recreation
Commission of those moneys received through the fines under this chapter.
Any person violating any of the provisions of this chapter and
convicted of the same shall be liable to a fine of not less than $25
nor more than $300 and costs of prosecution for each and every offense,
provided that each day's violation of any of the provisions of
such sections shall constitute a separate offense. Where such violator
has removed, destroyed, damaged, defaced or befouled the recreation,
park or conservation area or the contents thereof, the cost of maintenance,
repair or replacement shall be charged to such person or group in
addition to any fine. Further, use of recreation, park and conservation
facilities may be denied to violators of this chapter in addition
to the imposition of fines.
This chapter shall become effective 20 days after the approval
of the six municipalities designated in this chapter.
