[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry 6-5-1978 by Ord. No. 1978-2. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages in Kishacoquillas Park — See Ch. 63.
[Amended 6-16-1997; 1-21-2013 by Ord. No.
2013-1]
This chapter shall be known and may be cited as the "Kishacoquillas
Park Ordinance." Wherever in this chapter the term "park" is used,
it shall be deemed to include all of the facilities and buildings
within the ground area known as "Kishacoquillas Park" and the park's
formal name shall be "Kishacoquillas Park."
No person or group organization shall be allowed on the park
premises except between the hours of 7:00 a.m. and 11:00 p.m. prevailing
local time, unless a permit for a period exceeding these hours has
first been obtained upon application at the office of the Secretary
for the Township, or park camp manager, and any person under the age
of 16 years must be accompanied by an adult, parent or guardian after
10:00 p.m.
No person shall enter or leave the park except by entrances
or exits provided for such purposes.
No person shall stand or lie on a table, bench or seat.
No person shall enter a toilet set apart for the use of the
opposite sex.
Distribution or consumption of beer, ale, or other alcoholic
or intoxicating beverages in the park is not permitted, nor will any
intoxicated person be permitted in the park.
No gambling, or obscene or indecent act, or any abusive, threatening,
or profane language, nor any conduct that may annoy others shall be
allowed in the park.
No person or organization shall solicit gifts or subscriptions
in the park.
No person shall park any vehicle, including bicycles, in any
portion of the park, except in spaces set aside and marked for parking
purposes. No person shall occupy a parked vehicle after dark except
with interior lights turned on. No go-carts, minibikes, motorcycles,
scooter-bikes, bicycles, or like vehicles shall be permitted in the
park, except at locations designated for vehicle parking or bicycle
trails.
No person, except duly authorized police, shall carry or use
firearms in the park. No person shall throw stones or other objects,
or act in any offensive manner in the park.
No person shall scatter, drop or leave any paper, rag, garbage,
dead flowers or plants, glass, tin cans, or other rubbish anywhere
in the park except in receptacles provided for such purposes.
[Amended 6-17-2019 by Ord. No. 2019-3]
A.
Damage to structures and other property, ornaments, rocks, stones,
trees, plants, shrubs, ferns, blossoms, flowers or turf, nor defile
nor contaminate any stream or water.
No person shall injure, damage or deface any building, structure,
fence, bridge, playground equipment or other property in the park
nor climb any tree or break, cut down, trample upon, remove or in
any manner injure or damage any ornament, rock, stone, tree, plant,
shrub, fern, blossom, flower or turf, nor defile nor contaminate any
stream or water.
B.
Feeding of wild animals and waterfowl. In that it has been well established
that the feeding of wild animals and waterfowl is both detrimental
to the animals and causes a public health nuisance and safety hazard
that is also detrimental to the health and general welfare of the
public, the following shall be applicable within the confines of the
Township's Kishacoquillas Park (hereinafter sometimes referred
to as "Kish Park"):
(1)
No person shall purposely or knowingly feed, bait, or in any manner
provide access to food to any wild animal or waterfowl on the grounds
of Kish Park;
(2)
No person shall purposely or knowingly leave on the grounds of Kish
Park any food product, pet food, forage product or supplement, salt,
seed or birdseed, fruit, grain or grain products, including, but not
limited to, bread, crackers, and/or potato chips, and/or popcorn and/or
corn chips or the like, that in any manner would constitute an attractant
to any wild animal or waterfowl.
(3)
This subsection shall not be deemed to prohibit public fishing within
the boundaries of Kish Park, specifically at the pond located within
the park and in adjacent streams or creeks, so long as such is otherwise
permissible in compliance with state law and/or regulations and/or
in accord with ordinances or rules or regulations of the Township
of Derry.
(4)
WATERFOWL
WILD ANIMAL
As used in this chapter, the following terms shall be defined as
follows:
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; an aquatic fowl, including but
not limited to ducks, geese, swans, herons, and egrets.
Includes any animal which is not normally domesticated in
this commonwealth, including but not limited to bears, coyotes, deer,
feral cats, foxes, groundhogs, opossums, raccoons, skunks, squirrels
and waterfowl.
(5)
The Township shall erect signs notifying the public of the regulations
prohibiting the intentional, purposeful or knowing feeding of wild
animals and waterfowl within Kish Park.
No person shall annoy, injure or kill any animals or birds in
the park, nor disturb waterfowl, nor remove or carry away any animals
or birds.
No person shall injure, deface or destroy any public signs or
notices posted in the park.
No advertisement placard or notice except public notices authorized
by Derry Township, Mifflin County, Pennsylvania, shall be posted or
distributed in the park.
No person shall light or permit a fire to burn in the park except
in fire premises provided for such purposes when made by the user.
No meetings for political, industrial or similar purposes shall
be permitted in the park without authorization based upon an application
filed with the Township Secretary at least 48 hours in advance of
said meeting.
Persons over 12 years of age shall wear shirts or other proper
covering at all times in the park.
The use of javelins, arrow, discus or similar athletic equipment
dangerous in character is prohibited unless used under the direct
supervision of a person authorized by the Secretary of Derry Township,
Mifflin County, Pennsylvania, after an application has been on file
with said Secretary for a period of 48 hours.
[Added 6-16-1997]
No animals, except leashed dogs, shall be permitted on the trails
or in any park area at any time for any reason whatsoever. Any person
owning, possessing, walking or exercising a leashed dog shall promptly
remove and dispose of all feces left by the dog at any location in
the park.
[Added 6-16-1997]
No person shall be permitted to ride any bicycle on the trail,
in the midway or in areas other than travelled cartways.
[Added 6-16-1997]
No person shall roller skate, street skate, roller blade or
skateboard on any part of the trail or in any areas of the park.
[Added 6-16-1997]
No person over the age of 14 years shall be permitted to fish
in the pond at the park.
[Added 8-4-1980 by Ord. No. 1980-2]
All persons shall obey all signs and notices posted in the park. Failure or refusal to do so shall make that person liable pursuant to the provisions of § 158-29.
[Added 8-4-1980 by Ord. No. 1980-2]
There shall be no parking or driving any vehicle on any grass
or grassy area unless that area is posted for approved parking by
the Board.
The use of the park for any of the following purposes is prohibited
unless a permit is first obtained from the Township Secretary:
The Police Department shall enforce the regulation as set forth
above and shall exercise general supervision over persons and property
in the park.[1]
[1]
Editor's Note: Original § 22, Recreational Board
responsibilities, which immediately followed this section, was repealed
6-16-1997.
Special permits for the use of the park shall be issued by the
Township secretary upon application therefor. All applications are
to be made in writing at least 24 hours before the applicant intends
to use the same, except as previously provided where a 48 hour application
is mandatory. Any person or organization to whom a permit is issued
shall be liable for any loss, damage or injury sustained by any person
by reason of the negligence or fault of the applicant his servants,
agents or employees.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
Parents of persons under 18 years of age will be held liable for
all injury by, and for damages to park property caused or committed
by, their child or children.
[Added 8-4-1980 by Ord. No. 1980-2]
Pursuant to the provisions of Pennsylvania Vehicle Code, Act
No. 81 of 1976, P.L. 162,[1] the Derry Township Police Department shall exercise police
and enforcement powers in administering the provisions of the Vehicle
Code in the area known as Kishacoquillas Park. All specific powers
for local authorities in the Vehicle Code shall be granted to the
Derry Township Police Department and all persons operating any vehicle
within Kishacoquillas Park shall be subject to the Vehicle Code provisions.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
