Borough of Irwin, PA Parks and Recreation

All Borough of Irwin parks, playgrounds, recreation areas, ball fields and conservation areas shall be open daily to the public from official sunrise to 10:00 p.m.

During those hours after official sunset, the parks, playgrounds, recreation areas, ball field and conservation areas shall be illuminated by artificial lighting, which will be turned on shortly before sunset and which will be turned off at 10:00 p.m., at which time the parks, playgrounds, recreation areas, ball fields and conservation areas will be officially closed to the public.

(3)

Any section or part of the parks, playgrounds, recreation areas, ball fields and conservation areas may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. During such periods of time, it shall be unlawful to enter upon or occupy areas or portions thereof contrary to posted regulations.

(4)

The hours of operation for the Little Knights Kingdom shall be limited to "dawn to dusk." Any person, group or organization utilizing the Little Knights Kingdom at any times before dawn or after dusk shall be subject to the penalty provision as set forth in § 175-7. There shall be signs posted at the Little Knights Kingdom designating the hours of operation being from "dawn to dusk."

Use of facilities. Facilities and areas in Borough parks, playgrounds, recreation areas, ball fields and conservation areas shall be used only for the purposes designated or implicit in their character.

Borough amphitheater. It shall be unlawful for any person, group or organization to use the Borough Amphitheater for any purpose unless that person, group or organization has first obtained written authorization and approval from the Borough Council, which will be date and subject matter specific as to the proposed use thereof. Accordingly, use of the Borough Amphitheater is hereby restricted to "authorized personnel only," and appropriate signs designating the same shall be posted upon and within the Amphitheater. Any person, group or organization who violates these provisions shall be subject to the same penalties as set forth in § 175-7.

Persons entitled to use facilities. The parks, playgrounds, recreation areas, ball fields and conservation areas within the Borough shall be used only by the residents of the Borough and their guests.

Permits.

Applications for a park permit shall be filed with the Borough Manager not less than 20 days nor more than 180 days before the date on which it is proposed to conduct any such activity. Such application shall state:

The name of the person or organization wishing to conduct such activity.

If the activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization.

The name, address and telephone number of the person who will be the chairman of such activity and who will be responsible for its conduct.

(d)

The name, address and telephone number of the person or organization to whom the permit is desired to be issued.

(e)

The date when such activity is to be conducted.

(f)

The park or portion thereof for which such permit is desired.

(g)

An estimate of the anticipated attendance.

(h)

The hour when such activity will start and terminate.

The Borough Manager shall grant and issue such park permit if:

The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.

The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

The facilities desired have not been reserved for other use at the day and hour required in the application.

(d)

The conduct of such activity will not substantially interrupt the safe and orderly movement of traffic.

(e)

The conduct of such activity will not require the diversion of so great a number of police officers of the Borough to properly police such activity and the areas contiguous thereto as to prevent normal police protection to the Borough.

(f)

The conduct of such activity is not reasonably likely to cause injury to persons or property, incite violence, crime or disorderly conduct.

(g)

Such activity is not to be held for the sole purpose of advertising any product, goods or event and is not designed to be held purely for private profit.

(3)

Each park permit shall state the following:

Date of such activity.

Park or portion thereof to be used.

Hour when such activity will start and terminate.

(4)

When permits are required.

A permit shall be required to reserve any portion of a park, playground, recreation area, ball field or conservation area, and the issuance of a permit shall entitle the permittee to exclusive use of the area described in said permit.

Any activity which may otherwise be in violation of this article shall be lawful if a permit therefor is obtained as herein provided; however, alcoholic beverages or intoxicants of any kind shall not be permitted by permit to be sold or dispensed in the parks, playgrounds, recreation areas, ball fields and conservation areas within the Borough.

§ 175-3 Preservation of property.

No person, except those authorized by the Borough and conducting Borough business, shall, in parks, playgrounds, recreation areas, ball fields and conservation areas:

Injure, deface, disturb, befoul nor in any manner destroy or cause to be destroyed any part of any park, playground, recreation area, ball field or conservation area owned by the Borough, nor any building, sign, structure, equipment, utility or other property found therein.

Remove, injure or destroy any tree, flower, shrub, plant or growing thing.

Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pool or stream any substance, matter or thing, liquid or solid, which may result in the pollution of said waters; nor dump, deposit or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, garbage, refuse or trash anywhere within the park, playground, recreation area, ball field or conservation area owned by the Borough; but rather to make use of proper receptacles where these are provided, and where receptacles are not provided, all such materials shall be carried away from the park, playground, recreation area, ball field or conservation area by the person responsible for their presence, and properly disposed of elsewhere.

Each person, firm or corporation using the parks, playgrounds, recreation areas, ball fields or conservation areas shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order and the facilities in a neat and sanitary condition.

§ 175-4 Regulations concerning use of parks, playgrounds, recreation areas, ball fields and conservation areas.

All parks, playgrounds, recreation areas, ball fields, and conservation areas shall be operated and maintained under the supervision of the Recreation Board of the Borough and the Borough Manager.

Duties of the Borough Manager. The Borough Manager shall see to the operation and maintenance of the parks, playgrounds, recreation areas, ball fields and conservation areas, and he shall perform his duties subject to the supervision of the Recreation Board of the Borough. The Recreation Board of the Borough shall have authority to and shall from time to time promulgate rules and regulations which the Recreation Board of the Borough may deem appropriate to regulate the use of the parks, playgrounds, recreation areas, ball fields and conservation areas within the Borough.

Approval of rules and regulations by Council. All rules and regulations promulgated by the Recreation Board of the Borough shall be approved or disapproved by resolution at the next regularly scheduled Borough Council meeting following promulgation of the same by the Recreation Board.

Violation of rules and regulations promulgated by the Recreation Board of the Borough. It shall be unlawful for any person to violate any rule or regulation governing use of or conduct in any park, playground, recreation area, ball field or conservation area.

Posting of rules and regulations. Any rules and regulations promulgated by the Borough Recreation Board and approved by Borough Council shall by posted in a conspicuous place in each of the parks, playgrounds, recreation areas, ball fields and conservation areas.

Powers to expel.

The Borough Recreation Board and the Borough Manager and any personnel designated by the Borough Recreation Board or the Borough Council shall administer the provisions of this article, including promulgation of rules and regulations relative thereto. The Borough Manager and/or Borough Recreation Board or any member thereof or any personnel designated by them shall have the authority to expel individuals or groups of individuals from the parks, playgrounds, recreation areas, ball fields and conservation areas and shall order any individual or group of individuals from any parks, playgrounds, recreation areas, ball fields and conservation areas:[1]

When acts or conduct of individuals or groups of individuals is determined to be in violation of this article or the rules and regulations promulgated hereunder.

When acts or conduct of individuals or groups of individuals is determined not to be in the best interests of the parks, playgrounds, recreation areas, ball fields, and conservation areas.

When the acts or conduct of individuals or groups of individuals is determined to be disruptive to the surrounding neighborhood.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nothing herein set forth is intended to limit the power of the Borough police to enforce ordinances as provided for by law; and further, nothing contained herein is intended to permit any individual to exercise any powers of the Borough Police Department.

§ 175-5 Acts prohibited.

Fires and fireworks. Fires may not be built or allowed anywhere in the park, playgrounds, recreation areas, ball fields or conservation areas except in stoves, fireplaces or designated areas provided for that purpose. Permits must be secured for any fireworks at any time and fires to be maintained after closing time.

Animals. It shall be unlawful for owners of domesticated animals to permit same within the parks, playgrounds, recreation areas, ball fields or conservation areas. Permits may be obtained for the exhibition of animals in designated areas. It shall be unlawful to bring any dangerous animal into any park, playground, recreation area, ball field or conservation area. No horses shall be allowed in the parks, playgrounds, recreation areas, ball fields or conservation areas. Domesticated dogs may be permitted in general park areas (not playgrounds, recreation areas, ball fields or conservation areas), so long as the dog: is not dangerous (having never exhibited violence to another animal or a person); is leashed with a leash no longer than five feet in length; is always attended to by an adult; has up-to-date rabies and distemper vaccines; and has a collar identifying contact information for the owner and having up-to-date vaccine and registration tags. Dogs may not damage the grounds; any holes must be filed in. Dog waste must be immediately collected, bagged and disposed of. Aggressive dogs must be removed from the park areas immediately.

[Amended 7-13-2022 by Ord. No. 1001-2022]

Gambling. Gambling is prohibited in parks, playgrounds, recreation areas, ball fields and conservation areas, with the exception that nonprofit entities utilizing a Borough public space may apply for a permit issued by Borough Council allowing specific acts of small games of chance. All acts of small games of chance must be operated pursuant to and in observance of state law, rules and regulations concerning the same. Said nonprofit must hold a duly issued and valid small games of chance license. Said application must include the applicant' s name, address, phone number, a copy of their small games of chance license, a copy of their bylaws and articles of incorporation, the date, place and time of the event wherein the small games of chance will be operated (pursuant to a Borough pernit for the general use of the public space), and the types of small games of chance being operated.

[Amended 5-8-2019 by Ord. No. 981]

Signs. It shall be unlawful to post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement, or any inscription whatsoever upon any structure, tree, fence, thing or enclosure within the parks, playgrounds, recreation areas, ball fields and conservation areas, except that:

[Amended 8-13-2014 by Ord. No. 925; 5-8-2019 by Ord. No. 981]

The Borough may place information signs within such areas.

A nonprofit entity utilizing a Borough park, playground, recreation area, ball field and/or conservation area may temporarily affix signs at said facility, only upon application to and the issuance of a permit by Borough Council. Said application must include the name, address, telephone number, bylaws and articles of incorporation of the applicant, the date of the proposed display of the sign(s), the size and intended location of the sign(s), and the event or use of the property that is associated with the sign. Said signs may only be displayed during the entity's use of the property (the signs must be placed, and must similarly be removed, no more than 24 hours before and then after the use of the property). The signs must be temporarily affixed and may not cause any damage to the property and improvements thereon. The Borough will determine whether the signs may be affixed by the applicant or by the Borough. The signs must be positioned for on-site display and cannot be utilized for off-site advertising. The signs may not be internally illuminated or be changeable-copy signs, but may be illuminated by external light. The signs may not be offensive and must be suitable for display to persons of all ages, race, religion, creed and ethnicity.

Amusement for gain. No amusement for gain or for which a charge is made can be conducted in a park, playground, recreation area, ball field or conservation area without first obtaining a permit therefor as herein provided, and such amusement shall be conducted in accordance with any rules and regulations which the Recreation Board of the Borough may deem appropriate for such amusement.

Personal conduct. It shall be unlawful for any person in any park, playground, recreation area, ball field or conservation area to:

Disturb the peace or use profane or obscene language.