[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 7-7-1958 by Ord. No. 280; amended in its entirety 6-11-2019 by Ord. No.
905. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Recreation Board — See Ch.
42.
Alcoholic beverages — See Ch.
70.
Outdoor burning — See Ch.
85.
Peace and good order — See Ch.
243.
Solid waste — See Ch.
299.
Vehicles and traffic — See Ch.
360.
This chapter shall be known and may be cited as "The Parks and
Playgrounds Ordinance." Whenever in this chapter the term "park" or
"parks" is used, it shall mean the lands or facilities owned, leased
or controlled by the Township of Tinicum, including, but not limited
to, playgrounds, fitness and hiking trails, children's playgrounds,
tot lots, nature parks, open space areas, marinas, picnic areas, athletic
fields, athletic courts and all other recreational facilities and
areas.
All Township parks shall be operated and maintained under the
general supervision of the Tinicum Township Manager acting as the
Director of Parks and Recreation in accordance with the policies established
by the Board of Commissioners upon recommendation of its Parks and
Recreation Board.
A. The Township Manager shall have immediate charge of all park maintenance,
installation, repair and replacement of property and equipment therein,
and shall be chargeable with the duty of keeping the parks in a clean
and sanitary condition at all times. The Township Manager shall be
in charge of those employees designated for maintaining park areas.
B. It shall be the duty of the Township Manager, or his designee, assisted
by the Tinicum Township Police Department, to supervise and enforce
the provisions of this chapter and all of the rules, regulations and
resolutions adopted by the Board of Commissioners upon recommendation
of its Parks and Recreation Board.
Township of Tinicum parks shall be open to the public between
the hours of sunrise and 9:00 p.m. daily, local time, except the Board
of Commissioners, or its designee, may establish different times during
which particular parks, playgrounds or recreational areas may be kept
open for certain events operated or endorsed by the Township.
It shall be unlawful for any person, party, entity, firm, group,
association, organization, or corporation using Township parks, open
space areas, recreational facilities or playground areas to either
perform or permit to be performed any of the following acts within
such locations:
A. To occupy or be present during any hours during which a Township
park, open space area, recreation facility or playground area is not
open to the public. Use of lighted athletic fields after 9:30 p.m.
shall be permitted upon approval of the Township Manager or his designee.
B. Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any building, restroom, bridge, table, bench, railing, paving
or paving material, waterline or other public utility, or parts or
appurtenances thereof, sign, notice or placard, whether temporary
or permanent, monument, stake, post, or other boundary marker, structure,
equipment, facility or Township property or appurtenances whatsoever,
designated either as real or personal property.
C. Remove, injure or destroy any tree, flower, shrub, plant or other
growing thing, or any rock or other mineral, except for routine maintenance
or if approved by the Township.
D. Kill, trap, hunt, pursue or in any manner disturb or cause to be
disturbed any wild bird or animal, except as permitted by the Township.
E. Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, splash pool or other body of water
in or adjacent to any public park, open space area, recreation facility
or playground area; or into any tributary, stream, storm sewer or
drain flowing into such waters, any substance, matter or thing, liquid
or solid, which may result in the pollution of said waters.
F. Discard, dump, deposit or leave any bottle, broken glass, paper,
box, can, dirt, rubbish, waste, refuse, trash, garbage or other litter
except into containers provided for that purpose. Where such receptacles
are not provided, all such materials shall be carried away from the
park, open space area, recreation facility or playground area by the
person, party, entity, firm, group, association, organization or corporation
responsible for their presence and properly disposed of elsewhere.
G. Gambling, obscene or indecent acts, abusive, threatening or indecent
or profane language, or any disorderly conduct that annoys or disturbs
the peace and quiet enjoyment of other users.
H. Endanger the safety of any person or their property by any conduct
or act.
I. Commit any assault or battery or engage in fighting.
J. Possession or use of any type of firearms where such possession or
use is in violation of the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A.
§ 6101 et seq.; or carrying, showing, or using any other
type of weapon not covered by this Act, including but not limited
to, TASERs, knives, swords and archery bows. This section shall not
apply to a duly appointed law enforcement officer when carrying out
the duties and responsibilities of their position.
K. Smoking or use of any tobacco products is prohibited in all Township
parks and recreational areas.
L. Violate any rule or policy for the use of the park, open space area,
recreation facility or playground area, made or approved by the Board
of Commissioners of the Township.
M. Ignite or build any fires in any park or recreational areas, except
in fireplaces designated for such use and upon approval of the Township
Manager.
N. Play ice or street hockey, except in specifically designated areas.
O. Enter any creeks or waterways within Township parks or recreational
areas or in the waters of the Delaware River for the purposes of swimming
or bathing.
P. Operate remote control model airplanes or drones, vehicles, motor
scooters, motorcycles, minibikes, go-karts, snowmobiles, four-wheelers,
three-wheelers and any other recreational and motor vehicles (except
those licensed motor vehicles on designated roadways or specified
parking areas).
Q. Hitting or driving golf balls or playing baseball, tennis, football
or any other game or sport at a place not designated for that purpose.
R. Bicycles, skateboards, roller blades, except in specifically designated
areas.
S. No washing, cleaning or repairing of motor vehicles.
T. Except for existing on-site lighting, no lights of any type intended
to illustrate any area for playing purposes shall be permitted.
Animals may be permitted in Township parks, open space areas
and recreation facilities, unless otherwise posted. Animals are not
permitted within playground areas. It shall be unlawful to permit
any animal in those areas where posted. In all other areas, it shall
be unlawful to permit any animal to be in any such area unless such
an animal is secured on a leash of not more than six feet in length.
Owners of leashed or unleashed animals, whether legally or illegally
in any park, open space area, recreation facility or playground area,
shall be responsible for the immediate removal and disposal of fecal
matter deposited by that animal.
No person, party, entity, firm, group, association, organization
or corporation shall, in a Township park, open space area, recreation
facility or playground area:
A. Offer for sale any article, merchandise or thing, nor station or
place any stand, cart or vehicle for the transportation, sale or display
of any such article, merchandise or thing, except under the authority
of the Township Manager upon application and permit as hereinafter
provided.
B. Announce, advertise or call the public's attention in any way
to any article or service for sale or hire.
C. 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 Township park, open space area, recreation facility or playground
area or on any public lands or highways or roads adjacent to any Township
park, open space area, recreation facility or playground area, except
upon the prior approval of the Township Manager.
Except in emergencies, it is not permitted to land a private
or commercial airplane or helicopter on any lands within a Township
park, open space area, recreation facility or playground area.
There shall be no music or broadcasting of any kind over a public
speaker or amplified system during the course of any game or event.
There shall be no group band or individual music playing before, during
or after any game or event without first obtaining a permit as hereinafter
provided. None of the above is intended to prohibit the playing of
the national anthem at the beginning of each game or event, or a halftime
cheer routine with music using a music system with reasonable volume.
It is unlawful for any person to have in his or her possession,
custody or control any alcoholic beverage and/or controlled substance
of any kind whatsoever within any Township park, open space area,
recreation facility or playground area. Possession and consumption
of alcoholic beverages shall be by permit only, as hereinafter provided;
and subject to the laws and statutes of the Commonwealth of Pennsylvania
and regulations set forth by the Pennsylvania Liquor Control Board.
A. No person shall do anything in or to any restroom or washroom or
part thereof, at any public park or playground for which the same
was not intended and/or which results in an unsatisfactory condition.
B. No person over the age of five years shall use the restrooms and
washrooms designated for the opposite sex.
No person shall fire, discharge or have in their possession any rocket, firecracker or any other fireworks or any substance of any explosive nature, except as specifically provided for under Chapter
152, Fireworks.
No person, party, entity, firm, group, association, organization
or corporation using Township parks, open space areas, recreational
facilities or playground areas shall:
A. Camp, except in such areas as may be provided and designated for
such purposes by the Township Board of Commissioners.
B. No such person or group shall camp, except under the authority of
the Township Board of Commissioners upon application and permit as
hereinafter provided. No camping permit shall be issued to the same
person or group for more than 14 consecutive days. All camping equipment
and gear shall be removed from the campsite at the end of this period.
Fishing in parks abutting or containing Township waters or waterways
shall be permitted only in such areas and at such times as designated
by the authority of the Board of Commissioners or its designee. In
all cases, the Pennsylvania fishing laws shall be applicable to all
Township waterways. No person shall fish without being a holder of
a current Commonwealth of Pennsylvania fishing license where required
by applicable state laws.
No person shall park any motor vehicle in any portion of a Township
park, except in areas set aside and marked for parking purposes. No
person shall occupy a parked motor vehicle after dark except with
the interior lights turned on. There shall be no overnight parking
of motor vehicles. It shall be unlawful for any person to drive recklessly
in a Township park and no person shall drive in a Township park in
excess of five miles per hour. No person shall enter or leave a Township
park except by entrances or exits provided for such purposes; and
no person shall drive a motor vehicle in a Township park except on
a designated road or driveway.
Permits for use of Township parks for groups of 10 persons or
more for a particular purpose, such as a picnic, meeting, party or
entertainment performance, shall first be required to apply for and
obtain a permit from the Township Manager for the specific purpose
or event. The applicant for such permits shall provide proof of adequate
insurance naming the Township as an additional insured, signed releases,
and/or other security as determined by the Township Manager to protect
the Township from any liability of any kind and to protect the Township
property from damage. The applicant of any permit issued by the Township
shall be held responsible for the actions and conduct of all persons
using the Township park or other recreational areas under their permit.
Charges shall be made for permits as determined by the Fee Schedule
determined by the Board of Commissioners from time to time. The Township
Manager shall grant permits on a first-come, first-served basis, if
it appears that the applied-for purpose or event shall not interfere
with the general use of the park, open space area, recreation facility
or playground area by the individual members of the public; and the
application meets all of the other applicable conditions. All applications
must be in writing and presented to the Township Manager at least
10 days before the applicant intends to use the park, open space area,
recreation facility or playground area. If applications are submitted
within 10 days, permits shall be granted at the discretion of the
Township Manager based on availability.
A. Permits specified in this chapter for activities or use of Township
parks by individuals shall be issued by the Township Manager upon
application thereof. Charges shall be made for permits as determined
by the Fee Schedule determined by the Board of Commissioners from
time to time. All applications must be in writing and presented to
the Township Manager at least 10 days before the applicant intends
to use the park, open space area, recreation facility or playground
area. If applications are submitted within 10 days, permits shall
be granted at the discretion of the Township Manager based on availability.
B. Any person to whom a permit is issued shall be liable for any loss,
damage or injury sustained by any person or persons by reason of the
negligence or fault of the applicant, his servants, agents or employees.
Any permit issued by the Township may be revoked at any time
by the Township Manager, his designee, or an on-duty Tinicum Township
Police Officer, for just cause arising from violations of the permit,
applicable violations of provisions of this chapter, or for the general
safety of other park visitors.
A. Any person who shall violate any of the provisions of this chapter
shall be liable, on conviction thereof, to a fine or penalty of not
more than $600, plus cost of prosecution, to be collectible before
any Magisterial District Justice of the Township, as the like penalties
are now by law collectible; and in default of payment of such fine
and cost, to imprisonment in the County jail for a period not exceeding
30 days.
B. Police may remove from any Township park, open space area, recreation
facility or playground area any person who, upon the complaint of
any individual and upon the police acknowledging probable cause is
violating any law, Township ordinance, regulation or is otherwise
disturbing the normal peaceful enjoyment of a Township park or the
area surrounding such park, open space area, recreation facility or
playground area.
C. Any person, party, entity, firm, group, association, organization,
corporation or other entity who has removed, destroyed, damaged, defaced
or permitted the removal, destruction, damaging or defacing of any
Township park, open space area, recreation facility, playground area
or the contents thereof, shall be responsible for the cost of maintenance,
repair or replacement of such damaged property in addition to any
fine or other penalty provided herein.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Commissioners that this chapter would have been adopted had
the unconstitutional, illegal or invalid sentence, clause, section,
or part thereof, not been included therein.
All ordinances or part of ordinances which are inconsistent
herewith are hereby repealed and/or replaced.
This chapter shall become effective upon adoption.