[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-3-1975 by Ord. No. 67; amended in its entirety 7-1-2009 by Ord. No.
2009-1 (Ch. 16, Part 1, of the 1984 Code of Ordinances)]
As used in this Article I, 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 under the jurisdiction
of the Borough, now or hereafter owned or acquired by the Borough
for park or recreational purposes, as well as the Municipal Building
and adjacent Borough property.
Any natural person, corporation, organization of persons,
company, association or partnership.
Any rules and regulations hereby or hereafter promulgated
by the Borough Council under the authority herein conferred.
[Amended 8-26-2009 by Ord. No. 2009-3]
With the exception of the conservation area located in the Woods
at Lake Redman development, all parks shall be opened daily to the
public at such hours as the Borough Council may from time to time
designate, but in no event shall any person be permitted to be in
attendance in any park between 11:00 p.m. and sunrise, prevailing
time, unless prior special permission shall be granted by the Borough
Council. The conservation area located within the Woods at Lake Redman
shall be open daily to the public at such hours as the Borough Council
may designate, but in no event shall any person be permitted to be
in attendance in the conservation area located in the Woods at Lake
Redman development between sunset and sunrise, prevailing time, unless
prior special permission has been granted by Borough Council.
No person in attendance at a park shall:
A.
Injure, deface, remove, cut or damage any of the trees, plants, shrubs,
turf, buildings, structures, signs, equipment or fixtures or any other
property of the Borough.
B.
Litter in 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.
C.
Dispose of any household garbage or refuse.
D.
Kindle or maintain any fire in the park, except in fireplaces, fire
pits, or other areas specially designated for that purpose and located
by authority of the Borough Council.
E.
Remove any bench, seat, table or other appliance without permission
of the Borough Council.
F.
Injure, deface, destroy or remove any notice, sign, rule or regulation
posted at any place within the park by authority of the Borough Council,
nor shall any notice or placard be posted within the park other than
by authority of the same.
G.
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
Borough Council; distribute, sell, service or rent any service or
commodity or solicit for any purpose without permission of the Borough
Council.
H.
Operate, stop or park any vehicle, bicycle or other means of conveyance,
except in areas where permitted or designated by proper authority
of the Borough Council, 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.
I.
Operate commercial vehicles, unless providing authorized services.
J.
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.
K.
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
Borough Council in designated areas. Police officers in the performance
of their duties will be exempt from these provisions.
L.
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 such purpose by the Borough Council.
M.
Disrobe or change clothing, except in buildings or facilities made
available for that purpose.
N.
Disturb the peace by any conduct so as to annoy any other person
using the park for recreational purposes.
O.
Operate a snowmobile, minibike, motorcycle or any vehicle, recreational
or otherwise, except on designated roads, trails, or areas set aside
for their use.
P.
Use threatening, abusive, insulting, profane or obscene language
or words.
Q.
Commit any disorderly or immoral acts.
R.
Hold any public meeting or rally (with more than five persons) or
engage in any marching or driving as members of a military, political
or other organization without permission of the Borough Council, which
requires a statement of information, including the name of the organization,
number of persons expected to be invited, expected duration and name(s)
of person(s) in charge.
S.
Disobey a proper order of a police officer or Borough Council member
or disobey or disregard or fail to comply with any rule or regulation,
warning, prohibition, instruction or direction posted or displayed
by sign, notice, bulletin, card, poster, or when notified or informed
as to its existence by the Borough Council or an authorized person.
T.
Gamble or otherwise conduct games of chance.
U.
Allow pets to run at large out of control or fail to clean up and/or
dispose of any feces of a pet or pets.
The use of all parks shall be on a first-come-first-served basis
unless otherwise reserved:
A.
By annual permission granted by the Borough Council for the scheduling
of various league games, etc.
B.
For school or college athletic games, practice, contests, or exhibitions.
C.
For regularly scheduled school district or municipal recreation programs.
D.
By permission granted by the Borough Council for a specific requested
use.
The Borough Council is authorized to establish additional rules
and regulations, as deemed necessary, by resolution adopted from time
to time. Such rules and regulations shall be posted in a conspicuous
manner on Borough property.
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 Borough Council or the Mayor.
The police officers appointed by the Borough of Jacobus, the Zoning Officer, members of Borough Council or authorized delegates are hereby authorized to enforce the provisions of this Article I and rules and regulations promulgated by the Borough Council by resolution.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.
