[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 8-21-1980 by Ord. No. 1269. Amendments noted where applicable.]
It is the intent, purpose and scope of this chapter to regulate
activities on and within all Borough playgrounds, parks, ball fields
and recreation areas, as well as the parking lots and spectator areas
servicing such areas (hereinafter referred to as "recreational areas")
consistent with the enjoyment of such facilities and to prevent nuisances
to the residents of the Borough in the use of such recreational areas,
or in the enjoyment of private property adjacent to or in the vicinity
of such area.
No person, except employees of the Borough or contractors retained
by the Borough, or those authorized by the Borough and conducting
Borough business, shall make any changes or erect any improvement,
injure, deface, disturb, befoul or in any manner destroy or cause
to be destroyed any part of a recreational area or any improvements
or facilities erected thereon.
A.
Permitted uses. Recreational areas are deemed for the use of the
public by residents of the Borough of Munhall. Group activities shall
be limited to groups, a majority of which are residents of Munhall,
pursuant to the procedures contained in this chapter.
B.
Group activity. Whenever any Munhall group, association, or organization
desires to use a recreational area for a particular purpose, a representative
of said group, association, or organization shall first obtain a permit
for such use in designated areas from the Borough Council or its designated
representative. The Borough Council may adopt an application form
to be used by the applicant which may require an indemnity bond or
other security to protect the Borough from any liability of any kind
or character and to protect Borough property from damage. The Borough
Council or its designated representative shall grant the permit if
it appears that the group, association, or organization meets all
of the conditions contained in the application.
C.
Fees. The Borough Council shall have the authority to issue a fee
schedule for permits, set the amount of deposits, and prescribe conditions
under which deposits are collected or forfeited. Such revenue shall
be used for recreational area purposes within the general fund.
The Borough Council or its designated representative is hereby
authorized:
A.
To designate the areas and the time during which the various recreational
activities and uses of a recreational area shall be conducted.
B.
To prescribe regulations for the use of a recreational area.
C.
To prescribe regulations for the granting of permits or reservations
for a recreational area.
D.
To establish and set from time to time such schedule of permit and
activity fees as it may reasonably determine to be necessary to defray
the costs of issuing permits, use, and monitoring the particular activity
involved, subject to review and approval by the Borough Council.
A.
Gambling. Gambling is prohibited in a recreational area.
B.
Merchandising, advertising and signs. No person shall, in a recreational
area:
(1)
Offer for sale any article or thing, nor place any stand, cart or
vehicle for the display of any such article or thing except under
the authority of the Borough Council or its designated representative
by application and permit.
(2)
Announce, advertise or call the public attention in any way to any
article or service for sale or hire.
C.
Time restrictions. Except by permit granted upon group application
only, no person or group shall be permitted in any recreational area
during the following periods of time:
(1)
From November 1 through April 30, from the period of 7:00 p.m. to
6:00 a.m., prevailing time, except in those areas lighted by the Borough
where the period shall be 9:00 p.m. to 6:00 a.m. in the period August
31 through April 30.
(2)
From May 1 through October 30, from the period 9:00 p.m. through
6:00 a.m., prevailing time, except in those areas lighted by the Borough
where the period shall be 11:00 p.m. to 6:00 a.m. in the period May
1 through August 31.
D.
Personal conduct. It shall be unlawful for any person in a recreational
area to:
(1)
Disturb the peace or use profane or obscene language.
(2)
Endanger the safety of any person by any conduct or act.
(3)
Commit any assault, battery, or engage in fighting.
(4)
Carry, possess, or drink any alcoholic beverage, including beer or
wine.
(5)
Bring any animal within a recreational area that is not leashed and
under the control of the owner.
(6)
Bring or ride any type of bicycle, motorcycle or other motor vehicle
on a playing field or pedestrian walkway.
(7)
Carry, possess, or use any firearm, club, or any instrument which
can injure or harm.
(8)
Violate the time restrictions by entering upon a recreational area as set forth in this § 310-5C.
(9)
Violate any rule for the use of a recreational area made or approved
by the Borough Council.
(10)
Prevent any person from using a recreational area or interfere
with such use in compliance with this chapter and the rules applicable
to such use.
The Borough Council and agents designated by it shall administer
the provisions of this chapter, including the establishment and collection
of fees, preparation of application forms, issuance and revocation
of permits, promulgation of rules and regulations to implement the
provisions of this chapter and all other decisions relative thereto.
The Borough Police and/or the Mayor shall have the authority to cause
acts in violation of this chapter to be terminated, or to expel the
perpetrators of such acts from the area, or to call the Borough Police
to arrest and detain such violators or to file a complaint for such
violation with a Magisterial District Judge.
Any person violating any of the provisions of this chapter shall be, upon conviction thereof, sentenced to pay a fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall, plus costs, and, in default of payment said fine and costs, to a term of imprisonment not to exceed 30 days. Each violation shall constitute a separate offense.
Where such violator has removed, destroyed, damaged or defaced or befouled a recreational area or the facilities thereon, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine or penalty imposed in § 310-7. Further use of recreation and park facilities may be denied to violators of this chapter, in addition to the imposition of fines or costs.
In addition to the penalty provision herein, any alcoholic beverage as described in § 310-5D(4) brought onto a recreational area shall be seized and impounded without further liability to the Borough.
All fines and penalties collected from the enforcement of this
chapter shall be remitted to the Borough for use in the general fund.
