Except where the context clearly indicates otherwise, the following
terms as used in this chapter shall have the following meanings:
PARK
Any lands or facilities owned or leased by the City of Monessen
and designated or used by the City of Monessen.
PEACE OFFICER
Any police officer of the City of Monessen and any employees
appointed as a special police officer for the purpose of the enforcement
of law and order.
PERMIT
Any written authorization issued by or under the authority
of the City of Monessen permitting specified privileges within the
parks of the City or upon City-owned real property.
STRUCTURE
Any man-made object having an ascertainable stationary location,
whether or not affixed to the land, including, but not limited to,
buildings, sheds, shelters, barriers, fences or walls, and signs.
In the interpretation of the provisions of this chapter, the
following rules of construction shall apply:
A. Any term in the singular shall include the plural.
B. Any term in the masculine shall include the feminine and neuter.
C. Any requirement or provision of these rules and regulations relating
to any act shall extend to and include the causing, procuring, aiding
or abetting, directly or indirectly, of such act, and the permitting
or allowing of any minor in the custody of any person to do any act
prohibited by any provision herein.
D. No provision herein shall make unlawful any act necessarily performed
by any police officer or employee of the City in the line of duty
or work as such, or by any person, his agents or employees, in the
proper and necessary execution of the terms of any agreement with
the City.
E. Any act otherwise prohibited by rules and regulations, provided that
it is not otherwise prohibited by law or local ordinance, shall be
lawful if performed in compliance with the provisions of a duly issued
permit.
F. These rules and regulations are in addition to and supplement all
state and federal laws. No provision of this chapter is intended to
conflict with any state or federal law. In that event, the state or
federal law shall control.
The following recreational activities, within the parks of the
City, are regulated as follows:
A. Hunting, trapping and firearms are prohibited. No person shall hunt,
trap, carry, bring into and/or discharge any type of gun, pistol,
revolver, air gun, bow and arrow, slingshot or any other weapon in
which the propelling force is gunpowder, a spring or air, except in
the event that a permit for such activity has been duly issued by
the City; nor shall any person shoot into the park from beyond its
boundaries. Any weapon or object carried or used by any person in
violation of these rules shall be subject to seizure by the appropriate
authority or its agents and disposed of according to law.
B. Fireworks. No person shall fire, discharge, set off, explode, bring
into, or possess any rocket, firecracker, torpedo, missile or any
other firework or other type of fireworks or any substance of any
explosive nature within any park or on any City-owned property unless
authorized by a duly issued permit. Further, no fireworks shall be
discharged unless done in compliance with the City's Fireworks
Ordinance.
C. Knives, hatchets, and axes. Possession of any type of knife, hatchet
or ax by any person for any purpose is prohibited other than implements
appropriately possessed and used for picnicking.
D. Horses and horseback riding. No person shall ride or walk a horse
in any area except along roadway shoulders or specifically designated
areas or trails. Horses shall be thoroughly broken and properly restrained
and ridden with care, and shall not be allowed to graze or go unattended,
nor shall they be hitched or tied to any rock, tree or plant.
E. Camping. No person shall camp in any park of the City or on any City-owned
property at any time without having first obtained a duly issued permit
from the City.
F. Golf and golfing. No person shall drive, putt, practice or play golf
in any manner without written permission from the City.
G. Power-driven models. No person shall bring into, or operate within
any park of the City, any type of power-driven model without written
permission from the City. When permitted, such models shall not be
operated outside the designated areas.
H. Balloons, airplanes and parachutes. No person shall make any ascent
in any balloon or airplane or any descent in or from any balloon,
airplane or parachute into a park unless authorized by the City.
I. Horseshoes. No person shall play horseshoes in any area other than
those courts provided for that purpose. Special permission must be
obtained from the City to erect horseshoe facilities in any other
area.
J. Games and gaming equipment. No person shall organize, conduct, promote
or participate in any game or activity in any area of a park in the
City that will unreasonably interfere with or detract from the public
health, welfare, safety and recreational enjoyment of others. No person
shall erect any equipment that requires digging or installation nor
shall any equipment that requires pipe standards of more than 1/2
inch in diameter be erected in any area.
K. Roller-skating. No person shall roller-skate in any park of the City:
(1) In an area which will create a risk of injury, or will unreasonably
interfere with the recreational enjoyment of others; or
(2) Upon any surface which may be defaced, damaged or disturbed by roller-skate
wheels, unless specific facilities are provided for such purpose.
L. Picnicking. City officials and employees shall have the authority
to regulate picnicking activities in such area when necessary to prevent
congestion and to secure the maximum use for the comfort and convenience
of all. Visitors shall comply with any and all direction given to
achieve this end.
M. Availability of picnic areas. The use of individual fireplaces, fire
rings, grills, tables and shelters follows the rule of "first come,
first served" unless reserved by special permits as described in this
chapter.
N. Duties of picnickers. No person shall vacate a picnic area before
the fire or hot coals are completely extinguished and before all trash
in the nature of boxes, papers, cans, bottles, garbage and other refuse
is placed in the disposal receptacles, where provided. If no such
trash receptacles are available, then all refuse and trash shall be
carried out of the park by the picnicker to be properly disposed of
elsewhere. No person shall move any tables from any area without the
authorization of the City or its authorized agent. No person shall
place on any table any cooking device, whether operated by gas, electric,
chemicals or charcoal, for the purpose of cooking or providing heat
or light. No person shall staple, nail, screw, or use any metal fasteners
to affix any table covering to any table. No person shall attach in
any manner to any pier, rafters or any other supports, any type of
electrical or any other device for the purpose of audio or visual
assistance or for cooking or heating without prior written permission
from the City. No person shall use any electrical devices which require
a power source in excess of that provided in the park. No person shall
use any portion of any picnic areas or any of the buildings or structures
therein for the purpose of holding picnics to the exclusion of other
persons, except when such areas or facilities are reserved through
special permit, nor shall any person use such areas or facilities
under general conditions for an unreasonable length of time if the
facilities are crowded.
The following rules shall apply to all persons using and present
in the parks of the City, and upon City-owned real property:
A. Animals. It shall be unlawful for owners or guardians of domesticated
animals to bring or permit the same to be present within any park
or upon City-owned real property without being controlled by a leash
no more than six feet long. No person shall bring any dangerous animal
onto any City-owned property.
B. Controlled substances, drugs and devices. It shall be unlawful for
any person to possess, transport, solicit, offer for sale or use any
controlled substance, drug or device in violation of Act 64, the Controlled
Substance, Drug, Device and Cosmetic Act, or any related law. No person shall enter or remain in
any park of the City or City-owned real property while under the influence
of any controlled substance or drug prohibited by the Controlled Substance,
Drug, Device and Cosmetic Act, unless such person is present for appropriately
licensed medical, rehabilitative or therapeutic treatment. No person
shall possess drug paraphernalia prohibited by the Controlled Substance,
Drug, Device and Cosmetic Act in any park of the City or upon City-owned
real property other than law enforcement personnel in the course and
scope of their official duties.
C. Maintenance and storage areas. No person shall enter into or attempt
to enter into any maintenance and storage area without permission
of the City and without adequate supervision.
D. Games of chance. No person shall gamble, participate in or abet any
game of chance, unless previously approved in writing by the City
after application, and pursuant to a duly issued permit under the
law of the commonwealth.
E. Solicitation. No person shall solicit contributions of money, present
goods, or anything of value, for any purpose, whether public or private.
F. Dress. No person shall dress or undress at any area or in any vehicle,
rest room, toilet or other place, except in such bathing houses or
structures as may be provided for that purpose.
G. Fires. No person shall build or attempt to build or start fires except
in picnic areas, facilities and at certain winter recreational areas
when open and under supervision. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco, paper
or other flammable materials, whether solid, liquid or gaseous, within
the park area or on any highway, road or street abutting or contiguous
thereto, nor leave any fire, grill or stove unattended when in operation
in the park.
H. Closed area. No person shall enter into, or attempt to enter into,
any area which is locked or posted "closed" or "do not enter."
I. Exhibit permits. No person shall fail to produce and exhibit any
permit from the City upon request of any authorized person who shall
desire to inspect the same for the purpose of enforcing compliance
with any rule, regulation or ordinance.
J. Interference with permits. No person shall disturb and interfere
unreasonably with any person participating in any activity or party
occupying any area under the authority of a City-issued permit.
K. Behavior. No person shall engage in any of the following conduct
in parks of the City or upon City-owned real property:
(1) Assault, hinder, harass, intimidate, threaten or obstruct any person,
agent or agencies in the enforcement of this chapter or while conducting
official City business.
(2) Disturb the peace or use profane, indecent or obscene language.
(3) Engage in conduct which endangers the safety or health of any person.
(4) Violate any rule of this chapter.
(5) Prevent any person from using any park or park facilities or interfere
with such use if in compliance with this chapter and the rules and
regulations applicable to such use.
(6) Act in an unlawful, disorderly or disruptive manner.
(7) Commit any unnatural or violent act against any person, properties
or facilities.
(8) Throw, discharge or cause to be discharged any missiles or projectiles.
L. Intoxicating beverages.
(1) No person shall enter any park while under the influence of intoxicating
liquors or beverages, or become intoxicated while in the park.
(2) No intoxicating beverages shall be consumed in, on or within 20 yards
of any parking areas, roads, road berms or vehicles.
M. Bottles. No bottled beverages or glass containers are permitted.
N. Minors. No person under the age of 21 shall possess, transport or
consume alcoholic beverages. No person shall provide, furnish or knowingly
permit any person under the age of 21 to possess, consume or transport
alcoholic beverages.
O. Smoking.
(1) Smoking is prohibited in the parks of the City and upon City-owned
real property, except in those areas specifically designated by signage
indicating that smoking is permitted.
(2) Signs shall be posted at or near the parks' entrances and at
various places within the parks to provide reasonable notice that
smoking is prohibited.
(3) Any person who persists in smoking in violation of this chapter after
an oral or written warning to cease smoking may be prosecuted for
violating this chapter. The nonpresence of signs, or the failure of
an individual to note or heed signs shall not excuse an individual
who continues to smoke after a warning.
No person except those authorized by the City shall, in any
park of the City, or on any City-owned real property:
A. Vending and peddling. Expose or offer for sale or trade any article,
thing, food, beverage or service, nor shall any person station or
place any stand, cart or vehicle for the transportation, sale, trade
or display of any such article, thing, food, beverage, or service,
except pursuant to the issuance of a permit by the City as provided
by ordinance.
B. Advertising. Announce, advertise or call public attention to in any
manner any article, thing, food, beverage or service for sale, trade
or hire, except pursuant to the issuance of a permit by the City provided
for by City ordinance.
C. Signs. Paste, tie, glue, tack, post, fasten, paint, write, draw,
carve or otherwise affix any placard, bill, notice, sign, advertisement
or any inscription whatever upon any structure, tree, stone, fence,
building, property or thing or enclosure within any park in the City
or on highways or roads adjacent to or running through the park, except
that the City may place informational signs within such areas.
D. Subsections
B and
C of this section shall not preclude the erection of sponsor advertising signs at Columbus Park, Shawnee Park, City Park, and the Zajack Soccer Field when:
(1) Such signs have been erected by a youth athletic league duly recognized
by the City;
(2) The signs are erected no earlier than one week before the league
season and are removed no later than one week after the season's
conclusion;
(3) Each sign meets the design requirements set forth in the Table of
Miscellaneous Signs Not Requiring Permits in the City's Zoning
Ordinance;
(4) Council approves the league's request, which shall detail the
league's name, its officers with contact information, approximate
number of signs and proposed locations, dates and the league's
season, and a prototype of the signs to be displayed.
The parks of the City shall be open to the public from the hours
of dawn to 9:00 p.m. unless different hours are designated or special
permission has been granted by the City.
The City of Monessen and its duly designated agents and employees,
primarily the police, shall administer the provisions of this chapter.
In the event that Council or the Chief of Police shall determine that
acts or conduct of individuals or groups are in violation of this
chapter or rules and regulations promulgated by the authority of this
chapter or other ordinances of the City or the statutes of the commonwealth,
or when such acts or conduct endangers other people, private or public
property or when such acts are deemed to be disruptive to the surrounding
neighborhood, the police shall have the authority to cause such acts
to be terminated or to expel the perpetrators of such acts from the
area, to arrest and detain such individual or individuals or to file
a complaint or issue a citation for the violation of this chapter
with a Magisterial District Judge.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof in a summary proceeding before any Magisterial
District Judge having jurisdiction of such offense, be sentenced to
pay a fine of not more than $1,000 or to undergo imprisonment not
exceeding 90 days, or both. Where such violator has removed, destroyed,
damaged, defaced or befouled City-owned property, whether real or
personal, or the contents thereof, the cost of maintenance, repair
or replacement shall be charged to such person or group as restitution,
in addition to any fine. The City may deny further use of City property
and park facilities to violators of this chapter in addition to the
imposition of fines, imprisonment or costs.
No person, corporation, organization of persons, company, association,
partnership or entity, except those authorized by the City, shall
on any City-owned real property:
A. Disfigurement, defacement and removal. No person shall mark, deface,
disfigure, injure, disturb, displace or remove, befoul, destroy or
cause to be destroyed any building, bridges, tables, benches, fireplaces,
railing, paving or paving materials, waterlines or other public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts, surveying lines,
surveying monuments or other boundary makers or other structures or
equipment, facilities or City-owned property or appurtenances whatsoever,
either real or personal.
B. Remove natural resources. No person shall dig or remove any soil,
rock, stones, trees, shrubs or plantings, downed timber or other wood
or materials or make any excavations by tool, equipment, blasting
or other means or agency unless written permission has been granted
by the City.
C. Erect structures. No person all construct or erect any structure
whether temporary or permanent in character, run or string any public
service utility or private energy supply into, upon or across such
lands or waters, except on special written permission issued hereunder.
D. Disturb trees, shrubbery and landscape. No person shall damage, cut,
carve, transplant or remove any tree or plant or injure the bark or
pick the flowers, leaves or seeds of any trees or plants. Nor shall
any person attach any rope, wire or other device or connector to any
tree or plant. No person shall dig in or otherwise disturb grass areas
or in any other way injure or impair the natural beauty or usefulness
of any area unless authorized by City Council, the Director of Parks
and Public Property, or the City Administrator.
E. Pollute waters. No person shall throw, discharge or otherwise place
or cause to be placed in the waters of any fountain, pond, drainage
ditch or any tributary, stream, storm sewer or drain any substance,
matter or thing, liquid, solid or gas, which will or may result in
the pollution of said waters.
F. Deposit refuse and trash. No person shall have brought in or shall
dump, deposit, discard or leave any broken glass, ashes, paper, boxes,
cans, cups, glasses, dirt, rubbish, waste, garbage or refuse or other
trash. No such refuse or trash shall be placed in any drainage ditch
or contiguous to any park or City-owned real property or left anywhere
on the grounds thereof, but shall be placed in the proper receptacles.
If receptacles are not provided, all such rubbish or waste shall be
carried away from the property by the person responsible for its presence
and properly disposed of elsewhere.
G. Spill deleterious substance. No person shall pour or cause to spill
or permit to escape or otherwise discharge any oil, gasoline, salt,
acid or other deleterious substance, whether liquid, solid or gaseous.
H. Human excretion. No person shall emit, eject, discharge or cause
to be deposited any excreta except in the proper receptacles designated
for such purposes.
I. Disturb wildlife and other animals. No person shall kill, injure,
trap, hunt, pursue, torture or in any manner deliberately disturb
or cause to be disturbed any wild or domesticated bird or animal within
any park.
J. Graze animals. No person shall permit the grazing of any animals
on any City-owned real property.
Council is hereby authorized from time to time to expand and
augment the rules and regulations by resolution.