[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as Title 6, Ch. 1, of the 1977 Code.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted 12-30-1977; reenacted
1-13-1992 by Ord. No. 1273 and amended 11-13-1979 by Ord. No. 914;
8-3-1981 by Ord. No. 954; 11-3-1982 by Ord. No. 1000; 2-2-1982 by
Ord. No. 1125; 9-6-1988 by Ord. No. 1165; 3-2-1992 by Ord. No. 1274;
and 6-3-1996 by Ord. No. 1347.
Unless otherwise expressly stated, the following shall, for
the purposes of this chapter, have the meanings herein indicated:
Litter shall mean any rubbish, paper, trash, ashes, junk,
waste, liquid or solid vegetable or animal matter, and garbage.
Any park, playground, open space or municipal facility owned,
leased, maintained by or dedicated to the Township of Upper Moreland.
The Township of Upper Moreland.
Any spring or pneumatically operated BB or pellet gun, bows
and hard-tipped arrows such as those commonly used for target or hunting
purposes, slingshots, large knives, or any other thing designed or
intended to be used to fire or discharge any type of projectile having
the capacity to cause injury.
[Amended 9-12-2011 by Ord. No. 1602]
Use of the park facilities of the Township of Upper Moreland
is subject to the following regulations:
A.
No person or persons shall enter, remain or be allowed in any park
except during the posted hours that such park is open, except a person
or person having been issued a special permit allowing such person
in the park for such time.
B.
All persons shall enter and leave a park by the entrances and exits
provided for that purpose.
C.
Automobiles or other vehicles shall not be parked in any roadway
or section of ground except in areas designated for parking purposes
nor shall any vehicle be driven or operated on any areas other than
designated roads within the parks. No washing or repair of any vehicle
shall be allowed in any park. No automobiles or other vehicles shall
be parked in an area designated for parking after posted hours unless
otherwise permitted by a parking policy established by the Parks Department
and approved by the Board of Commissioners from time to time by resolution.
[Amended 8-1-2016 by Ord.
No. 1668]
D.
Intoxicating beverages shall not be possessed, sold, distributed
or consumed within a park, nor shall any intoxicated person enter,
remain or be allowed in any park.
E.
No person shall play or practice golf or drive golf balls within
any park.
F.
No person shall gamble or perform any obscene, openly lewd or indecent
act in any park.
G.
No person or persons shall use any abusive, indecent, harassing or
threatening language or perform any conduct that would annoy a reasonable
person of ordinary sensibilities in any park.
H.
No person or persons shall use, operate or play any instrument, stereo,
radio, cassette player or similar device or any sound amplification
equipment in such a manner as would annoy a reasonable person of ordinary
sensibilities in any park.
I.
No person shall possess or discharge any spring or pneumatic BB or
pellet type gun, or other weapon in any park except for bows and target
arrows for use in the properly designated archery area. No person
shall discharge any bow and arrow except in the properly designated
archery area or use any lawn dart or similar type of projectile in
any park. No person shall operate any model rocket or radio-controlled
or hand-controlled model aircraft in any park, except in accordance
with a permit obtained from the Department of Parks and Recreation,
which shall have the right to designate the area and time of such
operation.
[Amended 9-12-2011 by Ord. No. 1602]
J.
No person or persons shall in any way damage, injure or foul any
building, equipment, property of any type or nature, or water within
a park.
K.
No person shall cut, injure or destroy any flowers, plants, shrubs
or trees within a park or remove, disturb, interfere with, or take
any of the blossoms or fruit growing upon any tree, shrub, bush or
plant in any park.
L.
Pet animals shall not be allowed within a park except that dogs shall
be permitted in the Upper Moreland Dog Park and, from time to time,
in certain other parks, but only in accordance with regulations for
the parks set by resolution of the Board of Commissioners.
[Amended 9-14-2009 by Ord. No. 1576; 5-7-2012 by Ord. No. 1613]
M.
No person shall scatter, drop, discard or dispose of any litter or
refuse of any nature whatsoever in any portion of a park, except in
the receptacles provided for that purpose.
N.
No person shall injure, deface or destroy any sign, notices, rules
or regulations for the government of a park posted or in any manner
fixed within the limits of same.
O.
No person shall annoy, strike, injure, maim, kill or in any way molest
any animal, bird or wildlife or any birds' nests or houses in
any park.
P.
Fires in parks shall only be allowed in designated areas where fireplaces
or stoves are provided.
Q.
Groups or parties wishing to reserve a park facility shall obtain
a permit for such use of such facility. An application for a reservation
permit must be made to the Township's Department of Parks and
Recreation (and the scheduled reservation fee paid) at least 24 hours
before the time the group or party desires to use such facility. Groups
or parties reserving a park facility shall comply with terms of the
permit. No person, persons or group shall occupy or use any facility
that has been reserved by any other group or party during the time
reserved.
R.
Use of Township parks shall be restricted to persons who are residents of Upper Moreland Township or persons who are guests of Township residents, except for parks funded in part by state or federal grants. Use of any park facilities by any person whose use of such facility has been suspended pursuant to § 231-3 of this chapter is prohibited.
S.
Organized activities and games involving teams shall take place in
areas designated for such within a park.
T.
No soliciting or sale of any goods or food or the conduct of any
commercial activity is permitted in any Township park except any concession
as may be duly established by the Board of Township Commissioners.
U.
No person shall scatter, drop, discard or dispose of any food products
or feed of any nature whatsoever in any portion of a park except in
the receptacles provided for trash or litter, or otherwise feed any
animals, birds, ducks or geese in any portion of a park except as
a part of a wildlife conservation program which has been sanctioned
by the Township's Department of Parks and Recreation.
V.
No person shall be permitted to smoke or carry a lighted cigarette,
cigar, pipe, or other lighted smoking device in a park except in those
areas specifically designated by resolution of the Board of Commissioners
from time to time and noted by signage indicating that smoking is
permitted in that area.
[Added 9-14-2009 by Ord. No. 1577]
The Department of Parks and Recreation of the Township and the
Police Department of the Township shall enforce these regulations
and exercise general supervision over persons occupying or using the
parks. In addition to other remedies provided for violations of these
regulations, employees of the Department of Parks and Recreation and
officers of the Police Department shall have the right to evict violators
from the parks. Further, violators of these regulations, in addition
to other remedies provided for violations of these regulations, may
be subject to suspension by the Department of Parks and Recreation
of the right to use park facilities for a time period of up to one
year in duration. Any person aggrieved by reason of such suspension
shall have the right to appeal such decision to the Board of Commissioners
of the Township. Any such appeal must be made in writing to the Township's
offices within 30 days of such decision, with the procedures for such
appeal to be governed by and in conformity with the Local Agency Law,
as amended, 2 Pa.C.S.A. § 105 et seq.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and §
751 et seq.
Fees may be charged for the reservation and use of park facilities maintained by the Township in accordance with a fee schedule adopted by the Board of Commissioners and set forth in Chapter 140, Fees, Rates and Permits, of the Upper Moreland Code.
[Amended 10-4-2010 by Ord. No. 1593; 11-13-2018 by Ord. No. 1689; 4-1-2019 by Ord. No. 1698]
Any person or persons who shall violate the regulations relating
to parking of a motor or other vehicle within any park shall be issued
a Township notice of violation by the Upper Moreland Police Department,
imposing a fine of $20.
A.
Any person in receipt of such notice of violation shall report within
five days to the Township Building and settle the charge by paying
the fine set forth in the notice of violation.
B.
Should such person challenge the notice of violation, fail to report
to the Township Building within five days, or, having reported, fail
to settle the charge by paying the prescribed sum of money to the
Township, the officer who served the notice of violation shall lodge
an information against such person with the Township Magisterial District
Judge. Upon summary conviction before a Magisterial District Judge,
the offender shall be sentenced to pay a fine of no less than $50
nor more than $600 plus costs of prosecution and the Township's
actual attorneys' fees.
C.
The procedures and charges set forth in this section shall be in
addition to, and not a substitution for, the fines and penalties prescribed
for violation of any other Township ordinance.
[Amended 11-13-2018 by Ord. No. 1689]
A.
Any person who fails to comply with the provisions of this chapter shall be issued a Township notice of violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No.
1698]
B.
Upon summary conviction before a Magisterial District Judge, the
offender shall be sentenced to pay a fine of no less than $50 nor
more than $600 plus costs of prosecution, the Township's actual
attorneys' fees, and restitution of damages. Failure to pay any
fines, costs and fees imposed may result in imprisonment not to exceed
five days.
