[HISTORY: Adopted by the Board of Supervisors of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Park and Recreation Board — See Ch. 15, Art. II.
Animals — See Ch. 145.
Firearms and weapons — See Ch. 242.
Vehicles and traffic — See Ch. 470.
[Adopted 4-17-1990 by Ord. No. 90-6 (Ch. 16, Part 1, of the 1992 Code)]
All land owned by the Township along any creeks, drainage ditches, streams, other waterways, open space, park ground, recreation areas, and any other land presently owned by the Township shall be considered as a park and recreation area for purposes of this article. All such lands dedicated, given, purchased or received by the Township in any manner whatsoever after the passage of this article shall be governed by the regulations herein set forth.
It shall be unlawful for any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations to use any Middletown Township park or recreational area unless such person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations comply strictly with the provisions of this article.
[Amended 7-10-1990 by Ord. No. 90-15; 6-22-1999 by Ord. No. 99-12]
The following enumerated actions or conduct on the part of any natural person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations in any Middletown Township park or recreation area shall be unlawful:
A. 
To build any fire anywhere in any park or recreation area except in the locations provided for such purposes.
B. 
To fail to guard any fire at all times.
C. 
To fail to extinguish any fire before leaving it.
D. 
To possess, carry, sell, distribute or consume any intoxicating beverage or controlled substance as defined in the Pennsylvania Crimes Code.
E. 
To enter or go into any park or recreation area when under the influence of intoxicating liquor or any narcotic drug or habit-producing drug.
F. 
To gamble.
G. 
To do, perform or partake in any obscene or indecent act or actions.
H. 
To use any abusive, indecent, obscene or threatening language.
I. 
To do, perform or partake in any type conduct which by its nature would annoy or disturb any natural person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations properly using the park or recreation area and/or to use a loudspeaker, public address system or amplifier within the park system without first obtaining written permission from the Park and Recreation Board and a permit from the Board of Supervisors, and/or to play or cause to play any radio, phonograph, tape recorder, television, stereo, etc., in a loud or boisterous manner which tends to disturb or annoy any visitor within the park system.
J. 
To solicit funds, charge fees or engage in any commercial enterprise whatsoever.
K. 
To scatter, drop or leave in any portion of a park, except in receptacles provided for the purpose, any pieces of paper, rags, garbage, glass, tin containers, or other rubbish.
L. 
To mark, deface, damage or destroy any building, posters, signs or any other park or recreation property in any manner whatsoever.
M. 
"Paintball" or any substantially similar activity involving the use of CO2 or air-powered paint guns which fire thin-skinned gelatin capsules containing colored liquid used to mark participants and/or property.
[Amended 12-1-1992 by Ord. No. 92-13]
The following enumerated actions or conduct on the part of any person or persons, firm or firms, copartnership or copartnerships, association or associations, or corporation or corporations in any Middletown Township park or recreation area shall be unlawful unless specifically authorized in writing by the Middletown Township Manager or his designee:
A. 
To cut, mutilate or remove or destroy in any manner whatsoever any trees, shrubbery, flowers, seeds, plants or wood.
B. 
To annoy, strike, injure, maim or kill, trap or catch, any animal, bird, insect or fish and/or to destroy, remove or alter any nest, lair, den, burrow or habitat of any wildlife within the park system and/or to drive or pursue any wildlife from the confines of the park system and/or to introduce any alien species into the park system.
C. 
For any organized group or groups to use the park and recreational areas and/or any gathering or group of people consisting of 20 or more persons, without first obtaining a permit from the Township Manager or designee, to use the park system. To obtain a permit, such groups or gatherings must follow the following guidelines:
(1) 
Application for a permit shall be made upon the official form of the Township and shall be accompanied by the required fee, except where a free permit may be issued.
(2) 
Application for a permit shall be made at the Township Municipal Administration Office and approved by the Township Manager. Application and fee must be processed and approved one week in advance of the scheduled activity.
(3) 
Permits may be issued to persons for the use of the park system between the hours of sunset of one day to sunrise of the following day.
(4) 
Application for permits 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 a permit 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 system must comply with all rules and regulations of the Township Board of Supervisors and the Park and Recreation Board while within the park system.
D. 
To carry or use firearms, bow and arrows, traps and lures or any other missiles or means of catching, trapping or killing animals except in areas specifically designated for any of these purposes and/or to bring into or upon the park system, nor have in his or her possession, any type of hatchet, axe, saw or knife while within the park system. (This section shall not apply to any duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position.)
E. 
To enter or use any park or recreation area during the period of time between one hour after sundown and one hour before sunrise, except, in areas where recreational lighting is provided, such areas may be entered or used until the end of the lighting period.
F. 
To use, operate or park any motorized vehicle in any park or recreation area (except in areas specifically designated for motor vehicles and except for persons mowing the grass) and/or to operate any vehicle and stop, stand or park such vehicle upon any roadway, hike path, trail or lane or in any parking area within the park system in such manner as to form an obstruction to traffic thereon and/or to drive upon or park upon any trail, maintenance road or lawn within the park system unless the area is specifically designated as overflow parking area and/or to operate any vehicle and park in any place within the park system where a "No Parking" sign has been erected. To operate any vehicle and park in such a manner as to block the exit or removal of another vehicle within the park system. In conjunction with and in addition to this section, the Motor Vehicle Code of Pennsylvania and the Motor Vehicle and Traffic Ordinance (Chapter 470) of Middletown Township shall apply to all areas of the park system. Bicycles are permitted within the park system on areas clearly designated for this purpose.
G. 
To build, erect, plant or cultivate upon lands within the park system or otherwise use lands within the park system 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 and a permit from the Board of Supervisors.
H. 
To enter any building in the park system that is not open to and regularly used by the general public.
I. 
To graze or ride horses in the park system.
J. 
To 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 the park system.
K. 
To swim, boat, bathe or wade in any body of water within the park system unless said area is specifically designated for such purposes.
L. 
To fire, discharge or have in possession any rocket, firecracker or other fireworks and substances of an explosive nature within the park system without first obtaining a permit from the Board of Supervisors.
M. 
To bring any domestic animal or fowl into park system property unless the property is clearly designated for such a purpose and then only when the domestic animal or fowl is tethered on a six-foot or shorter leash. The provisions of Chapter 145, Animals, shall also apply.
The Park and Recreation Board of the Township of Middletown shall exercise general supervision over the care, maintenance and replacement of Township property and equipment in the park and recreation areas.
In addition to those prohibitions and restrictions listed in §§ 337-103 and 337-104 above, the use of sleds, skis and any similar snow-related equipment and devices shall be entirely prohibited on the property known as the Middletown Country Club.
[Added 4-22-2003 by Ord. No. 03-04]
This section shall apply to the open space parcel owned by the Township of Middletown in and about the Neshaminy Pointe subdivision known as Tax Parcel No. 22-033-140 and, for purposes of this section only, is referred to as the "open space." In addition to those prohibitions and restrictions listed in §§ 337-103 and 337-104 of this article, no person shall enter or traverse that portion of the open space that abuts Highpointe Circle and is between the properties located at 977 Highpointe Circle (Tax Map Parcel No. 22-033-093) and 967 Highpointe Circle (Tax Map Parcel No. 22-033-094) due to the steep topography of that section of open space. A fence shall be erected and maintained by the Township along that portion of the open space that fronts on and abuts Highpointe Circle for the purpose of restricting access to the open space, yet not destroying the viewshed of the open space. Further, signs shall be posted on the fence or immediately behind it identifying the foregoing restriction on access to the open space through that location.
[Amended 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08; 4-22-2003 by Ord. No. 03-04]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.