While in a public park or recreation area, all persons shall
conduct themselves in a proper and orderly manner, and, in particular,
no person shall:
A. Bring alcoholic beverages or drink the same at any time, except subject to the provisions of §
178-4; however, no person shall at any time be under the influence of intoxicating beverages in a park.
B. Have in his possession, or set or otherwise cause to explode or discharge,
or bury any firecrackers, torpedo rockets, or other fireworks, firecrackers,
or explosives of inflammable material, or discharge them or throw
them into any such areas from lands or highways adjacent thereto.
This prohibition shall include any substance, compound, mixture or
article that, in conjunction with any other substance or compound,
would be dangerous from any of the foregoing standpoints. At the discretion
of the Council, permits may be given for conducting properly supervised
fireworks in designated park areas.
C. Be responsible for the entry of a dog or other domestic animal into
areas clearly marked by the Council by signs bearing the words "Domestic
Animals Prohibited in This Area." Nothing herein shall be construed
as permitting the running of dogs at large. All dogs in those areas
where such animals are permitted shall be restrained at all times
on adequate leashes not greater than six feet in length.
D. Occupy any seat or bench or enter into or loiter or remain in any
pavilion or any other park structure or section thereof which may
be reserved and designated by the Council for the use of the opposite
sex. Exception is made for children under six years of age.
E. Appear at any place in other than proper clothing.
F. Solicit alms or contributions for any purpose, whether public or
private.
G. Build or attempt to build a fire except in such areas and under such
regulations as may be designated by the Council. No person shall drop,
throw or otherwise scatter lighted matches, burning cigarettes or
cigars, tobacco paper or other inflammable material within any park
or on any highways, roads or streets abutting or contiguous thereto.
H. Enter an area posted as "Closed to the Public," nor shall any person
use or abet the use of any area in violation of posted notices.
I. Gamble or participate in or abet any games of chance except in such
areas and under such regulations as may be designated by the Council.
J. Go onto the ice of any of the waters except such areas as are designated
as skating fields, and provided that a safety signal is displayed.
K. Sleep or protractedly lounge on the seats or benches or other areas
or engage in loud, boisterous, threatening, abusive, insulting or
indecent language or engage in any disorderly conduct or behavior
tending to breach the public peace.
L. Fail to produce and exhibit any permit from the Council he claims
to have upon request of any authorized person who shall desire to
inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
M. Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
N. Expose or offer for sale any article or thing, nor shall he station
or place any stand, cart or vehicle for the transportation, sale or
display of any such article or thing. Exception is here made as to
any regularly licensed concessionaire acting by and under the authority
and regulation of the Council.
O. Paste, glue, tack or otherwise post any sign, placard, advertisement,
or inscription whatever on any public lands or highways or roads adjacent
to a park.
Permits for special events in parks shall be obtained by application
to the Park Commissioner or his designated agent in accordance with
the following procedure:
A. A person seeking issuance of a permit hereunder shall file an application
with the Park Commissioner or his designated agent stating:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(3) The day and hours for which the permit is desired.
(4) The park or portion thereof for which such permit is desired.
(5) The number of persons proposed to be involved in the special activity.
(6) Whether or not alcoholic beverages will be consumed during the course
of the special event.
(7) Any other information which the Park Commissioner or his designated
agent shall find reasonably necessary to a fair determination as to
whether a permit should be issued hereunder.
B. Standards for issuance of a use permit by the Park Commissioner or
his designated agent shall include the following:
(1) The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
(2) The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
(3) The proposed activity or uses that are reasonably anticipated will
not include violence, crime or disorderly conduct.
(4) The proposed activity will not entail extraordinary or burdensome
expense or police operation by the Borough.
(5) The facilities desired have not been reserved for other use at the
date and hour requested in the application.
C. Appeal. Within five days after the receipt of an application, the Park Commissioner or his designated agent shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Council by serving written notice thereof on the Borough Clerk within five days of said refusal. A copy of said notice shall also be served on the Park Commissioner within the same time, and said Park Commissioner shall immediately forward the application and the reasons for its refusal to the Borough Council, which shall consider the application under the standards set forth under Subsection
B hereof and sustain or overrule the decision of the Park Commissioner or his designated agent within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council shall be final.
D. A permittee shall be bound by all park rules and regulations and
all applicable ordinances as though the same were inserted in said
permit.
E. The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued. The Council shall have the right to require
any permittee to submit evidence of liability insurance covering injuries
to members of the general public arising out of such permitted activities
in such amounts as may be, from time to time, determined by the Council,
prior to the commencement of any activity or issuance of any permit.
F. Revocation. The Council shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
No owner or driver shall cause or permit his vehicle to stand
outside of designated parking spaces, except for a reasonable time
to take up or discharge passengers or equipment. No motor vehicle
shall be parked in said park areas from 1/2 hour after sunset until
sunrise, except as otherwise permitted.
The Borough of Bloomsbury reserves the right with respect to
any or all of the public park and recreation areas, and any facilities
located therein, to enter into any agreement with the Board of Education
of the Borough of Bloomsbury concerning the control and use thereof,
and, anything contained in this chapter to the contrary notwithstanding,
any use of said premises or said facilities by the Board of Education
pursuant to any agreement with the Borough Council heretofore or hereafter
entered into shall be free and exclusive from any control or supervision
of or by the Borough Council.
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a penalty as prescribed in Chapter
1, Article
I, General Penalty, of this Code.
This chapter is in addition to and not in derogation of any
other ordinance involving or affecting any of the subject matters
contained in this chapter.