Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 1985-1, 2/13/1985]
As used in this Part 1, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
Unless specifically limited, shall be deemed to include all parks, playgrounds, recreation areas, tennis courts, beaches, recreation structures and facilities, and also entrances and approaches thereto, and all other land or property or structures now or hereafter owned or acquired by the Township of Kingston for park or recreational purposes.
Any natural person, corporation, organization of persons, company, association or partnership.
Any rules and regulations hereby or hereafter promulgated by the Board of Supervisors under the authority herein conferred.
[Ord. 1985-1, 2/13/1985]
All parks shall be opened daily April 1 through November 30 of each year to the public at such hours as the Board of Supervisors may from time to time designate, but in no event shall any person be permitted to be in attendance in any park between 9:00 p.m., current time, and sunrise, unless special permission is granted by the Board of Supervisors.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 90-6, 8/8/1990, § 1]
No person in attendance at a park shall:
Injure, deface, remove, cut or damage any of the trees, plants, shrubs, turf, buildings, structures, signs or fixtures, or any other property of the Township located within the park.
Litter any area of the park with garbage, paper, bottles, cans or other waste material, nor dispose of the same in any way except in receptacles designated for such purpose.
Kindle or maintain any fire in the park except in fireplaces or areas specially designated for that purpose and located by authority of the Board of Supervisors.
Remove any bench, seat, table or other appliance without permission of the Board of Supervisors.
Injure, deface, destroy or remove any notice, rule or regulation posted at any place within the park by authority of the Board of Supervisors; nor shall any notice or placard be posted within the park other than by authority of said Board of Supervisors.
Set up any booth, table or stand for the sale of any article or service whatsoever within the limits of the park without permission of the Board of Supervisors; distribute, sell, service or rent any services or commodity or solicit for any purpose without permission of the Board of Supervisors.
Operate, stop or park any vehicle, bicycle or other means of conveyance except in areas where permitted or designated by proper authority of the Township, or operate the same in a reckless or negligent manner or in excess of any posted speed limit or in such a manner as to become a nuisance to other area users.
Operate commercial vehicles, unless providing authorized services.
Bring onto the premises, possess or consume any alcoholic beverage or illegal drugs of any kind; no person shall enter the park in an intoxicated state or otherwise be under the influence of alcohol or illegal drugs.
Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile-propelling instruments or explosives or arrows, or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the Board of Supervisors in designated areas; police officers in the performance of their duties will be exempt from these provisions.
Play ball, swim, golf, pitch horseshoes, engage in archery, camp or launch, dock or land any boat, engage in finding buried objects with special detectors, or participate in any other form of recreation, sporting endeavor or pastime, except in those areas which may be designated from time to time for that purpose by the Board of Supervisors.
Disrobe or change clothing, except in buildings or facilities made available for that purpose.
Disturb the peace by any conduct so as to annoy any other person using the park for recreational purposes.
Operate a snowmobile, minibike, motorcycle, or any vehicle recreational or otherwise, except on designated roads, trails, or areas set aside for their use.
Use threatening, abusive, insulting, profane or obscene language or words.
Commit any disorderly or immoral acts.
Hold any public meeting or rally or engage in any marching or driving as members of a military, political or other organization without permission of the Board of Supervisors, which requires a statement of information, including the name of the organization, its purpose, the number of persons expected to be invited, the expected duration and the name(s) of person(s) in charge.
Disobey a proper order of a police officer or Board of Supervisors member, or disobey or disregard or fail to comply with any rule or regulation, warning, prohibition, instruction or direction given by an authorized person and posted or displayed by sign, notice, bulletin, card, poster, or when notified or informed as to its existence by the Township police.
Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise; and to that end, it is unlawful for any person to carry onto or possess in any park a shotgun or rifle or pistol or firearm of any make or kind unless specific permission is granted for a designated area by authority of the Township.
Allow pets to run at large out of control.
Persons in attendance at a Township park must provide for the cleanup of pet excrement.
Persons utilizing the Township tennis courts, basketball courts, and/or baseball/soccer field shall yield said facility after one hour's use.
[Ord. 1985-1, 2/13/1985]
All laws pertaining to fishing in the commonwealth shall apply to fishing in parks and recreation areas, and provisions thereof are hereby incorporated by reference.
[Ord. 1985-1, 2/13/1985]
The use of all parks shall be on a first-come, first-served basis, unless otherwise reserved:
By annual permission granted by the Township Manager for the scheduling of various league games, etc.;
[Amended by Res. R-2017-3, 3/8/2017; by Res. R-2018-3, 1/2/2018; and by Res. No. R-2019-3, 1/7/2019]
For school or college athletic games, practice, contests, or exhibitions;
For regularly scheduled school district or municipal recreation programs; or
By permission granted by the Board of Supervisors for a specific requested use.
[Ord. 1985-1, 2/13/1985]
The Board of Supervisors is authorized to establish additional rules and regulations by resolution as deemed necessary.
[Ord. 1985-1, 2/13/1985]
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 Board of Supervisors.
[Ord. 1985-1, 2/13/1985]
The police officers of the Township of Kingston are charged with enforcement of the provisions of this Part 1 and of rules and regulations promulgated by the Board of Supervisors.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a District Justice 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 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 Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.
[Res. 1987-5, 4/8/1987; as amended by Ord. 90-6, 8/8/1990, § 2; and by Ord. 97-3, 11/12/1997]
Comfort facilities will be granted by the Township Manager consistent with the above regulations and the placement of a deposit of $300 with the Township to be held until the completion of the permitted activity and a satisfactory inspection by Township officials to determine if damage has occurred.
[Amended by Res. R-2017-3, 3/8/2017; by Res. R-2018-3, 1/2/2018; and by Res. No. R-2019-3, 1/7/2019]
Upon payment, the Township Secretary/Treasurer will furnish to a designated representative of the organization a key for the comfort facilities building. At this point the organization shall share with others the responsibility for any damages incurred at the facility.
The Township Manager shall be responsible for making an accounting of all deposits and shall be responsible for making periodic inspections of the facilities to check for damages.
[Amended by Res. R-2018-3, 1/2/2018; and by Res. No. R-2019-3, 1/7/2019]
The bond deposit of $300 shall be refundable in full to the depositor, provided that no damages are incurred through the use of the comfort facilities.
[Added by Ord. 2009-9, 12/9/2009]
Smoking Prohibited. The carrying or use by any person in and upon the premises of the Center Street Park of a lighted cigar, cigarette, pipe or other lighted smoking device designed for the burning of any tobacco product, including but not limited to the interior of any rest room, spectator area, concession area, walking area or athletic field and generally in or upon grounds of said premises, is unlawful.
Signage. Appropriate signage shall be placed upon the aforesaid premises to inform persons of the prohibition of smoking thereon.
Enforcement. This § 111 shall be enforced by the Kingston Township Police Department.
Violations and Penalties.
A violation of any provision of this § 111 shall constitute a summary offense and shall be enforced by the commencement of an action before a District Justice by the Kingston Township Police Department in the manner provided for the enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Criminal Procedure and the Second Class Township Code.
Any person, who shall be found to have violated any provision of this § 111, shall, upon conviction thereof, be sentenced to pay a fine of not more than $150 and all costs of prosecution.
Saving Clause. The provisions of the Township of Kingston Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of this § 111, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this § 111 shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations except as otherwise provided by law.