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Township of Upper Southampton, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Southampton 3-18-1997 by Ord. No. 328. Amendments noted where applicable.]
GENERAL REFERENCES
Park and Recreation Board — See Ch. 9, Art. IV.
Firearms — See Ch. 93.
Littering — See Ch. 113.
Peddling and soliciting — See Ch. 126.
Trees — See Ch. 168.
This chapter shall be known as the "Upper Southampton Township Park and Recreation Area Regulation Ordinance."
The purpose of this chapter is to provide regulations for the preservation, protection, use, and enjoyment by the public of parks and recreation grounds owned and operated by the Township of Upper Southampton.
[Amended 2-7-2006 by Ord. No. 374; 8-16-2011 by Ord. No. 409]
As used in this chapter, the following terms shall have the meanings indicated:
PARK AND RECREATION AREA
Land owned and regulated by Upper Southampton Township, Bucks County, Pennsylvania and used as park ground and recreation area, including but not limited to the following properties:
[Amended 7-12-2022 by Ord. No. 473]
Name/Address
Tax Parcel No.
Tamanend Park, 1255 Second Street Pike
48-014-100
48-014-100-002
48-017-071
Will Schaefer Sports Complex, Gravel Hill Road
48-020-046-001
Veterans Field, Street Road
48-007-002
Community Center Complex, Willow Street
48-013-170
48-013-173
48-013-167-001
1176 Second Street Pike
48-014-009
48-014-010-002
1555 Second Street Pike
48-027-037
30 Street Road
48-003-001
637 Davisville Road
48-002-010
393 County Line Road
48-005-068
Property between railroad line and Pennsylvania Turnpike
48-015-057
Gravel Hill Road
48-022-063-001
Rozel Avenue and Cushmore Road
48-020-084
Forge Road
48-024-016
48-024-062
"Newtown Rail Trail" — Second Street Pike — the property between County Line Road and Second Street Pike
48-012-024
"Newtown Rail Trail" — Second Street Pike — the property from Second Street Pike, including the SEPTA Train Station, to the Street Road overpass
48-012-077
"Newtown Rail Trail" — Churchville Road — the property between the Street Road overpass and Bristol Road
48-018-003
The following activities shall be prohibited in any park and recreation area:
A. 
Fires. No person shall:
(1) 
Set or cause to be set on fire any foliage within any park and recreation area.
(2) 
Build any fire within any park and recreation area except within receptacles approved and designated by the Park and Recreation Board for such purposes.
[Amended 8-11-2020 by Ord. No. 465]
(3) 
Drop, dump, throw, or otherwise scatter lighted matches, ashes, burning cigars, cigarettes, tobacco, paper or other flammable material within any park and recreation area.
(4) 
Leave authorized fires unattended at any time or to leave any fire not fully extinguished before being abandoned within any park and recreation area.
B. 
Alcoholic beverage or controlled substances. No person shall possess, sell, distribute, or consume any of the following:
(1) 
Alcoholic beverages or controlled substances, as defined in the Pennsylvania Crimes Code in any park and recreation area; or
(2) 
Any known substance that may cause elation, intoxication and/or hallucinations which alter one's state of mind or behavior in any park and recreation area.
C. 
Trespass. The Park and Recreation Board shall have the right with the consent and approval of the Board of Supervisors to create and post "No Trespassing" areas, whether temporary or permanent, within a park and recreation area. No person shall:
[Amended 8-11-2020 by Ord. No. 465]
(1) 
Enter upon lands that have been posted by the Park and Recreation Board with "No Trespassing" or special wildlife protection signs, or any sign that would indicate that the area is not open to the general public.
(2) 
Build, erect, plant or cultivate upon lands within any park and recreation area, or otherwise use lands within any park area or the contents thereon for any structure, garden, compost heap or other personal usage without first obtaining written permission from the Park and Recreation Board.
(3) 
Enter any building in any park and recreation area that is not open to and regularly used by the general public.
(4) 
Enter upon or disturb any construction or construction equipment on any park and recreation area.
D. 
Littering, dumping and pollution of waters. No person shall:
(1) 
Discard, deposit, dump, litter or allow to blow away any refuse of any kind within any park and recreation area except by placing said refuse in containers provided for such purposes.
(2) 
Bring into or dispose of any type of trash, refuse or debris in or upon any park and recreation areas, whether disposing of it in receptacles or not, if such debris or material did not result from usage within any park and recreation area.
[Amended 8-11-2020 by Ord. No. 465]
(3) 
Wash at pumps or drinking fountains or other water sources within any park and recreation area except as designated for such purposes.
E. 
Abusive or obscene language and behavior. No person shall:
(1) 
Engage in any violent, abusive, loud or boisterous, vulgar, lewd, obscene or otherwise disorderly conduct tending to create a breach of the peace, or to disturb or annoy others while in or upon any property within any park and recreation area.
(2) 
Commit any indecent or immoral act tending to debauch the morals or manners of the public while in or upon the property within any park and recreation area.
F. 
Noise. No person shall:
(1) 
Use a loudspeaker, public address system or amplifier within any park and recreation area without first obtaining written permission from the Park and Recreation Department.
[Amended 8-11-2020 by Ord. No. 465]
(2) 
Play or cause to play any radio, phonograph, tape recorder, television, stereo, or like item in a loud or boisterous manner which tends to disturb or annoy any visitor within any park and recreation area.
G. 
Solicitation. No person shall peddle or solicit business of any nature whatever or collect any fund for any service or charity, or distribute commercial handbills or other advertising material, or post unauthorized signs on any lands, waters, structures or property within any park and recreation area without first obtaining written permission from the Park and Recreation Board.
[Amended 8-11-2020 by Ord. No. 465]
H. 
Damage.
(1) 
Natural features. No person shall cut, mutilate, or remove or destroy in any manner whatever, any property within any park and recreation area. Persons working as employees or authorized under contract to the township are exempt from this in carrying out their duties.
I. 
Man-made features. No person shall:
(1) 
Destroy, deface, alter, or remove any monument, stone marker, bench mark, stake, post, trail blaze or designation of any boundary line or survey line within any park and recreation area.
(2) 
Cut, break, mark upon or otherwise damage or destroy any building, bridge, drain, wall, foundation, fence, gate, hedge, sign, or other installation or structure within any park and recreation area.
(3) 
Deface, destroy, or remove any placard, notice or sign, whether permanent or temporary, posted or exhibited within any park and recreation area.
J. 
Weapons and equipment.
[Amended 8-16-2011 by Ord. No. 409; 12-6-2011 by Ord. No. 411; 3-3-2015 by Ord. No. 428]
(1) 
Air rifles, air pistols and bows and arrows are not permitted in any park and recreation area.
(2) 
Hatchets, axes, and saws are not permitted in any park and recreation area. This subsection shall not apply to persons that maintain the park and recreation areas at the direction of the Township.
K. 
Motorized and self-propelled vehicles.
(1) 
No person shall, with the exception of authorized township employees or agents:
(a) 
Operate any motor vehicle within any park and recreation area, except in areas designated for motor vehicles.
(b) 
Operate any vehicle and stop, stand or park such vehicle in any place marked as passenger or loading zone other than for the purpose of expeditious loading or unloading and delivery of materials.
(c) 
Operate any vehicle and stop, stand, or park such vehicle upon any roadway, trail, or land or in any parking area within any park and recreation area in such a manner as to form an obstruction to traffic thereon.
(2) 
In conjunction with and in addition to this section, the Motor Vehicle Code of Pennsylvania and the traffic ordinances of Upper Southampton township shall apply to all areas of the park and recreation areas.
(3) 
Motor vehicles, except for Township-owned or Township-authorized vehicles, may not be parked in designated parking areas located in park and recreation areas between the hours of 11:00 p.m. through 6:00 a.m. daily. Such motor vehicle shall be removed, at owner's expense.
[Amended 12-6-2016 by Ord. No. 444]
(4) 
Any motor vehicle left unattended, parked or abandoned in an undesignated area may be removed immediately, at the owner's expense.
(5) 
All posted speed limits or traffic signs shall be strictly complied with by all persons using or entering a park and recreation area.
L. 
Trapping and fishing. Trapping and fishing are prohibited in any park and recreation area.
[Amended 3-3-2015 by Ord. No. 428]
M. 
Golf. The playing of golf or use of any golf equipment is prohibited in any park and recreation area.
N. 
Wildlife. No person shall:
(1) 
Pursue, catch, attempt to catch, strike, molest, wound, kill, harm or injure any bird, animal, reptile, amphibian or any wildlife within any park and recreation area.
(2) 
Destroy, remove, or alter any nest, lair, den, burrow, or habitat of any wildlife within any park and recreation area.
(3) 
Drive or pursue any wildlife from the confines of any park and recreation area.
O. 
Swimming, bathing and wading. No person shall swim or wade in any body of water within any park and recreation area unless said area is specifically designated for such purposes.
P. 
Picnics. No person shall picnic within any park and area except in such areas provided and designated for such purpose or other such areas that may be appropriate for picnics.
[Amended 8-11-2020 by Ord. No. 465]
Q. 
Fireworks. No person shall fire, discharge or have in his possession any rocket, firecracker, or other fireworks and substances of an explosive nature within any park and recreation area, without first obtaining permission from the Board of Supervisors.
R. 
Dogs and other domestic animals. Dogs and other domestic animals shall be expressly prohibited in playground areas, athletic/playing fields, practice areas, tennis courts, basketball courts and such other similar facilities located in park and recreation areas. In all other park and recreation areas, dogs and other domestic animals shall be permitted subject to the following restrictions:
[Amended 2-7-2006 by Ord. No. 374; 8-16-2011 by Ord. No. 409; 8-11-2020 by Ord. No. 465]
(1) 
Dogs and other domestic animals shall be tethered on a six-foot or shorter leash.
(2) 
If a dog or other domestic animal defecates, the owner or keeper shall immediately clean up and remove the feces and dispose of the same in a safe and sanitary manner.
S. 
Permitted parties. Anyone intending to rent a specific recreation facility within any park and recreation area must apply to the Park and Recreation Board and, in so doing, must adhere to the following guidelines:
[Amended 8-11-2020 by Ord. No. 465]
(1) 
Application for a facility use shall be made upon the official form of the township and shall be accompanied by any required fee.
(2) 
Application for a facility use, with the required fees, shall be made at the Park and Recreation Office to be reviewed by the Park and Recreation Director. The application must comply with and be processed in accordance with the Parks and Recreation Facilities Use Policy, as amended from time to time, and each applicant must execute a written facilities use agreement in a form acceptable to the Township.
[Amended 4-13-2021 by Ord. No. 466]
(3) 
In the event that more applications for reservations are received than space available, such applications shall be considered in order received.
(4) 
Applications for facility use from persons under the age of 18 years shall be countersigned by the applicant's parent or legal guardian indicating therein his or her responsibility for the conduct of the permit user.
(5) 
The holder of an approved application issued by the township shall be held responsible for the actions and conduct of the other persons in the group.
(6) 
All visitors to the park and recreation area must comply with all rules and regulations of the Township Board of Supervisors and the Park and Recreation Board while within the park or recreation area.
T. 
Smoking. No person shall be permitted to smoke any tobacco or smoke-producing product in any park and recreation area.
[Added 2-7-2006 by Ord. No. 374]
U. 
Skateboards and bicycles. The use of skateboards, rollerblades, scooters, and bicycles shall be expressly prohibited in playground areas, playing fields, tennis courts, basketball courts and associated spectator areas in all park and recreation areas.
[Added 8-16-2011 by Ord. No. 409]
V. 
Permitted use of Township internet, Township Wi-Fi systems, or Township computer information technology by certain guests in any park and recreation area or facility.
[Added 4-13-2021 by Ord. No. 466]
(1) 
Guests' authorized use of Township internet, Township Wi-Fi systems or Township computer information technology in a park and recreation area or facility shall be solely for the purpose of broadcasting an organization's event or allowing access to an organization's event or meeting.
(2) 
Prior to using Township internet, Township Wi-Fi systems, or Township computer information technology in any park and recreation area or facility, an individual or group must obtain authorization from Township staff and must execute a written Township internet usage agreement in a form acceptable to the Township.
(3) 
After executing a written Township internet usage agreement, any individual or group authorized to use Township internet, Township Wi-Fi systems, or Township computer information technology must abide by all rules and regulations established by the Township regarding said usage.
(4) 
This Subsection V applies to all devices which allow access to Township internet, Township Wi-Fi systems, or Township computer information technology, whether the authorized guest is using Township devices, personal devices, or other devices.
(5) 
Any computer software or information technology equipment intended to be used by an authorized guest in conjunction with Township internet, Township Wi-Fi systems, or Township computer information technology in a park and recreation area or facility is subject to review and approval by Township staff or Township consultants prior to said use.
(6) 
The Township has the right, but not the duty, to monitor, track, log, access and report on all aspects of its Township internet, Township Wi-Fi systems, or Township computer information technology.
(7) 
Guests' authorized use of Township internet, Township Wi-Fi systems, or Township computer information technology shall not be for inappropriate or unlawful purposes, including, but not limited to, use involving materials or communications that are graphic, profane, vulgar, obscene, child pornographic, illegal, malicious, defamatory, inflammatory, threatening, harassing, bullying, terroristic, or advocating the destruction of property. Violations of Township rules and regulations regarding said limited usage of Township internet, Township Wi-Fi systems, or Township computer information technology shall result in the revocation of a guest's or guests' usage privileges.
[Amended 2-7-2006 by Ord. No. 374; 8-11-2020 by Ord. No. 465]
A. 
Except for the Community Center Building as provided in Subsection B below, no person shall enter or use any park and recreation area during the period of time between sundown and before sunrise unless the area is lit for a specific recreation activity, the area is posted otherwise or a permit was issued for a specific use.
B. 
The Community Center Building shall be open during the hours established by the Park and Recreation Department.
[Added 3-18-2003 by Ord. No. 356]
A. 
General scope. The subject matter of this section is the regulation of public gatherings in that area of Tamanend Park known as the "Lions Grove."
B. 
Permit required. For any gathering of more than 50 people, a permit to use the Lion Grove is required in accordance with the Parks and Recreation Facilities Use Policy, as amended from time to time.
[Amended 8-11-2020 by Ord. No. 465]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Permit application, was repealed 8-11-2020 by Ord. No. 465.
D. 
Conditions of use. The applicant shall demonstrate compliance with the following conditions prior to the issuance of a permit:
(1) 
[2]The applicant must present a parking permit for the use of the Klinger Middle School parking lot during the time of the scheduled gathering. Parking on Tamanend Park grounds is prohibited.
[2]
Editor's Note: Former Subsection D(1) and (2), requiring a certificate of insurance and providing gathering commencement times, respectively, were repealed 8-11-2020 by Ord. No. 465. This ordinance also redesignated former Subsection D(3) and (4) as Subsection D(1) and (2), respectively.
(2) 
The applicant, upon notification by the township of adverse field conditions, shall cancel the gathering and take all steps necessary to notify all prospective attendees of the cancellation. If the applicant had secured a permit at the time of cancellation, the event may be rescheduled without the filing of any additional application or fee, provided that a new parking permit for Klinger Middle School is secured at least seven days prior to the scheduled gathering.
[Amended 8-11-2020 by Ord. No. 465]
Recreation facilities which become hazardous for public use due to weather, water, fire or unforeseeable conditions may be closed only at the discretion of the Park and Recreation Department, the Board of Supervisors or their designee.
[Amended 8-11-2020 by Ord. No. 465]
The Park and Recreation Board is authorized to establish additional rules and regulations as deemed necessary and shall only become effective if reviewed and approved by the Board of Supervisors.
[Amended 3-18-2003 by Ord. No. 356; 6-19-2012 by Ord. No. 414]
Any violation of this chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 10 days. Each day that a violation of this chapter continues, or each section of this chapter which shall be found to have been violated, shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this chapter, or the failure to do any act or thing as to which any provision of this chapter creates an affirmative duty, shall constitute a violation of this chapter punishable as herein stated.