[Adopted 2-1-1994 by Ord. No. 1008 (Ch. 16, Part 1A, of
the 1999 Code of Ordinances)]
Council of the Borough of West Mifflin is hereby empowered to
prescribe, adopt, promulgate and enforce rules and regulations relating
to any matter pertaining to the administration and enforcement of
this article. It shall be the duty of the Administrator of Parks and
Recreation to administer and enforce this article and to collect all
monies due and owing under the provisions of this article.
[Amended 12-27-1995 by Ord. No. 1049; 3-16-1999 by Ord. No. 1094]
A.
A fee in an amount as established from time to time by resolution
of Borough Council is hereby imposed on each permit issued for the
use of ball fields and playgrounds on a seasonal basis and, thereafter,
continuing season to season on a seasonal basis of the type of recreation
contemplated. Said permit fee shall be made payable to the Borough
of West Mifflin and remitted to the office of the Administrator of
Parks and Recreation of the Borough of West Mifflin. Said fee is nonreturnable.
B.
In addition to the permit fee, a deposit in an amount as established
from time to time by resolution of Borough Council is due and payable
for each season or event. The deposit shall be returned at the expiration
of the seasonal permit; provided, however, that said group, organization,
association or person who paid said deposit has complied with the
rules and regulations as hereinafter set forth.
C.
Park pavilion fees.
(1)
A fee in the amount as established from time to time by resolution
of Borough Council is hereby imposed on each permit for each park
shelter issued to a resident of the Borough of West Mifflin. If the
permittee has complied with the rules and regulations as hereinafter
set forth, the portion of said fee as determined from time to time
by resolution of Borough Council shall be returned after inspection
of the facilities.
(2)
A fee in the amount as established from time to time by resolution
of Borough Council is hereby imposed on each permit for each park
shelter/pavilion issued to a nonresident of the Borough of West Mifflin.
If the nonresident permittee has complied with the rules and regulations
as hereinafter set forth, a portion of said fee as established from
time to time by resolution of Borough Council shall be remitted after
inspection of the facilities.
[Amended 10-27-1995 by Ord. No. 1049]
A.
Each permit shall entitle the permittee or team the use of the ball
field or playground for one evening in each week during the seasonal
period of the type of recreational activity. A permittee or team who
needs the use of the ball field or playground for more than one evening
per week during the season must secure an additional permit and pay
an additional fee and deposit for each additional evening required
or allow the permittee the use of a specific park shelter for one
day.
B.
Each team, whether in an organized league or not, who requests the
use of a ball field or playground for a season or an event must apply
and be granted a permit for use of the ball field or playground for
the season.
C.
Each team which is granted a permit for the use of a ball field or
playground during the season or event shall be assigned a specific
ball field or playground and a specific evening day each week for
the remainder of the season. If the permit is for one single event,
then the Administrator of Parks and Recreation shall have the discretion
to adjust the required fee to the type, fit, size or longevity of
the event. The permit shall cover the team for whom the permit is
issued and whatever specific team the permittee is playing that night.
D.
The following rules and regulations and conditions are placed upon
the issuance and granting of a permit by the Administrator of Parks
and Recreation as follows:
(1)
The request shall be initiated by an adult citizen of the Borough
of West Mifflin.
(2)
A team shall not be issued a permit unless its roster consists of
50% or more of residents of the Borough of West Mifflin.
(3)
Each permittee, as a condition precedent and a condition subsequent
to the issuance of a permit, shall covenant with the Administrator
of Parks and Recreation of the Borough of West Mifflin that it shall
not permit or allow alcoholic or malt beverages of any type whatsoever
on the field or adjacent spectator area or in any park shelter or
adjacent area. Failure to faithfully comply with the aforesaid covenant
will result in revocation of said permit and forfeiture of the permit
fee and deposit fee.
(4)
Each permittee covenants, as a condition precedent and a condition
subsequent to the issuance of a permit, that it will police, collect
and deposit in trash cans provided all rubbish, trash and garbage
from the ball field and the surrounding spectator's area after
each use of the ball field, playground or the park shelter and adjacent
areas. Failure to adequately police, collect and deposit said trash,
rubbish and garbage shall result in a revocation of the permit and
a forfeiture of the permit fee and deposit.
E.
Residents of the Borough of West Mifflin may make application for
a picnic shelter/pavilion from January of any calendar year until
the seasonal closing of the park for that year. Application from nonresidents
of the Borough of West Mifflin shall not be accepted by the office
of Administrator of Parks and Recreation during the months of January
and February of any calendar year.
F.
Applicants for picnic shelters/pavilions are limited to one shelter/pavilion
per day, and no applicant shall be issued a permit for the use of
more than one picnic shelter/pavilion per day. Each park season requires
a new application for use of picnic shelters/pavilions.
G.
Recreational events and programs sponsored or organized by the Borough
of West Mifflin, its agents, representatives or departments shall
be permitted the use of more than one picnic shelter/pavilion per
day.
The following recreation events are hereby exempt from any permit
fee or deposit fee:
A.
The Little League of the Borough of West Mifflin, which is a recreational
program for minors of the Borough of West Mifflin.
B.
The Girls Softball League of the Borough of West Mifflin, which is
a recreational program for minors of the Borough of West Mifflin.
C.
Events sponsored or organized by the West Mifflin Area School District
during the year.
D.
Recreational events and programs sponsored or organized by the Borough
of West Mifflin, its agents, representatives, boards or departments.
The office of the Administrator of Parks and Recreation of the
Borough of West Mifflin shall remit the monies received from the fees
and forfeited deposits to the Borough Secretary for deposit into the
recreational account of the Borough of West Mifflin. Monies received
from the fees and forfeited deposits, if any, shall be used by the
office of the Administrator of Parks and Recreation to defer expenses
of the park and recreational programs of the Borough of West Mifflin.
[Amended 3-16-1999 by Ord. No. 1094]
Any person who shall violate the provisions of this article
shall, upon conviction, be sentenced to a fine of not less than $100
nor more than $600, plus costs, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Use
of the ball field or park shelter on subsequent days, or if the person
returns after being directed to leave the premises, shall constitute
a separate offense.
Nothing contained in this article shall be construed to prevent
the Borough of West Mifflin, or its designated representative, from
pursuing civil remedies in the Court of Common Pleas with jurisdiction,
whether in law or equity, to prevent damage and/or recover costs for
damage done to the recreational areas of the Borough of West Mifflin.
The mere fact that a person can be convicted as violating this article
and has paid the imposed fine and costs shall not relieve that person
of any civil liabilities which may be imposed by the Court of Common
Pleas with jurisdiction, whether in law or equity.
