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]
D. Conditions of use. The applicant shall demonstrate
compliance with the following conditions prior to the issuance of
a permit:
(1) 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) 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.