As used in this chapter, the following terms
shall have the meanings indicated:
AIR RIFLE
Any air gun, pistol, spring gun, spring pistol, B-B gun or
any implement that is not a firearm or offensive weapon, which impels
a pellet of any kind with a force that can reasonably be expected
to cause bodily harm. The term does not include a paintball gun or
paintball marker. This definition is modeled upon the definition of
the term "air rifle" as set forth in 18 Pa.C.S.A. § 6304,
and shall be deemed amended upon further amendment to such law by
the Commonwealth of Pennsylvania.
[Added 8-21-2012 by Ord. No. 2012-03]
FIREARM
Any weapon that is designed to or may readily be converted
to expel any projectile by the action of an explosive; or the frame
or receiver of any such weapon. The term does not include air rifles
or offensive weapons. This definition is modeled upon the definition
of the term "firearms" as set forth in 18 Pa.C.S.A. § 6120,
and shall be deemed amended upon further amendment to such law by
the Commonwealth of Pennsylvania.
[Added 8-21-2012 by Ord. No. 2012-03]
OFFENSIVE WEAPON
Any bow and arrow, bomb, grenade, blackjack, sandbag, metal
knuckles, dagger, knife, razor or cutting instrument, the blade of
which is exposed in an automatic way by switch, push-button, or spring
mechanism, or otherwise, any stun gun, stun baton, taser or other
electronic or electric weapon or similar implement for the infliction
of serious bodily injury which serves no common lawful purpose. The
phrase does not include a firearm or air rifle.
[Added 8-21-2012 by Ord. No. 2012-03]
PARK, RECREATION AND OPEN SPACE LANDS
A park, playground, recreation center or any other area in
the Borough, owned or used by the Borough, and devoted to active or
passive recreation, including open space lands.
All land owned or used by the Borough along
any creeks, drainage ditches, streams, other waterways, open space,
park ground, recreation areas, and any other land presently owned
or used by the Borough shall be considered as a park, recreation or
open space area for purposes of this chapter. In addition, all such
lands dedicated, given, purchased, received or used by the Borough
in any manner whatsoever after the passage of this chapter shall be
governed by the regulations herein set forth.
It shall be unlawful for any person or persons,
firm or firms, copartnership or copartnerships, association or associations,
or corporation or corporations to use any New Hope Borough park, open
space, or recreational area unless such person or persons, firm or
firms, copartnership or copartnerships, association or associations,
or corporation or corporations comply strictly with the provisions
of this chapter.
The following enumerated actions or conduct
on the part of any person or persons, firm or firms, copartnership
or copartnerships, association or associations, or corporation or
corporations in any New Hope Borough park, recreation or open space
lands shall be unlawful:
B. To possess, carry, sell, distribute or consume any
intoxicating beverage or controlled substance as defined in the Pennsylvania
Crimes Code.
C. To enter or go into any park, recreation or open space
lands when under the influence of intoxicating liquor or any narcotic
drug or habit-producing drug.
E. To do, perform or partake in any obscene or indecent
act or actions.
F. To use any abusive, indecent, obscene, or threatening
language.
G. To do, perform, or partake in any type conduct which
by its nature would annoy or disturb any person or persons, firm or
firms, copartnership or copartnerships, association or associations,
or corporation or corporations properly using the park, open space,
or recreation lands and/or to play or cause to play any radio, phonograph,
tape recorder, television, stereo, etc., in a loud or boisterous manner
which tends to disturb or annoy others.
H. To scatter, drop or leave in any portion of a park,
recreation or open space area, except in receptacles provided for
the purpose, any pieces of paper, rags, garbage, glass, tin containers,
or other rubbish.
I. To mark, deface, damage or destroy any building, posters,
signs or any other park, recreation or open space property, either
real or personal, in any manner whatsoever and/or to destroy, deface,
alter, or remove any table, bench, historic marker, monument, stone
marker, benchmark, stake, post, trail blaze or designation of any
boundary line or survey line.
J. To engage in paintball or any substantially similar
activity involving the use of CO2- or air-powered paint guns which
fire thin-skinned gelatin capsules containing colored liquid used
to mark participants and/or property.
K. To use sleds, skis and any similar snow-related equipment
and devices.
L. To use skates, skateboards, and any similar equipment
and devices.
M. To conduct or participate in any athletic activities,
sports, etc., except in designated areas.
N. To smoke or possess a lit tobacco smoke-producing
instrument.
O. To cut, mutilate, remove or destroy in any manner
whatsoever any soil, rock, stones, trees, shrubs, flowers, seeds,
plants or wood or make any excavation by tool, equipment, blasting,
or other means, except when such work is performed by the Borough
as part of a maintenance program.
Q. To fire, discharge or have in one's possession any
rocket, firecracker, or other fireworks and substances of an explosive
nature.
R. To attach any rope, wire, or other contrivance to
any tree or plant or dig in or otherwise disturb grass areas, or in
any other way injure or impair the natural beauty or usefulness of
any area.
S. To climb any tree or walk, stand or sit upon monuments,
vases, fountains, water features, railing, fences or upon any other
property not designated or customarily used for such purposes.
T. To disturb or interfere unreasonably with any person
or party occupying any area, or participating in any activity, under
the authority of a permit.
U. To throw, discharge, or otherwise place or cause to
be placed in the waters of any fountain, water feature, pond, lake,
stream, or other body of water in or adjacent to any park or any tributary,
stream, storm sewer, or drain flowing into such waters, any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
[Added 8-21-2012 by Ord. No. 2012-03]
A. The
possession or carrying of a firearm in any park, recreation or open
space lands in New Hope Borough is prohibited except as authorized
by the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6101
et seq., as amended, or any other applicable Pennsylvania or federal
law, regulation or rule.
B. The
use or discharge of a firearm in any park, recreation or open space
lands in New Hope Borough is prohibited except in the following limited
circumstances:
(1) By any law enforcement officer or military personnel while carrying
out the official duties and responsibilities of his/her position;
(2) In defense of human life or residence or place of business of the
person discharging the firearm in accordance with applicable Pennsylvania
or federal law; or
(3) As otherwise expressly permitted under applicable Pennsylvania or
federal law.
C. The
possession, use and/or discharge of an offensive weapon is prohibited
within any park, recreation or open space lands in New Hope Borough
unless specifically excepted and authorized by Pennsylvania or federal
law.
D. The
possession, carrying, use and/or discharge of an air rifle is prohibited
within any park, recreation or open space lands in New Hope Borough
unless in accordance with a special event permit issued by the New
Hope Borough Council.
The following enumerated actions or conduct on the part of any
person or persons, firm or firms, copartnership or copartnerships,
association or associations, or corporation or corporations in any
New Hope Borough park, open space, or recreation lands shall be unlawful
unless specifically authorized in writing by the New Hope Borough
Park and Recreation Board or its designee:
A. To annoy,
strike, injure, maim or kill, trap or catch, any animal, bird, insect
or fish and/or to destroy, remove, or alter any nest, lair, den, burrow,
or habitat of any wildlife and/or to drive or pursue any wildlife
from the confines of a park, recreation or open space area and/or
to introduce any alien species.
B. For any
organized group or groups to use park, open space or recreational
lands and/or any gathering or group of people consisting of 12 or
more persons without first obtaining a permit from the Park and Recreation
Board or its designee. The amount of the permit fee shall be set from
time to time by resolution of the Borough Council. To obtain a permit,
such groups or gatherings must follow the following guidelines:
(1) Application
for a permit shall be made upon the official form of the Borough and
shall be accompanied by the required fee (except where a free permit
may be issued), hold harmless and indemnification agreement, and certificate
of insurance with coverages, limits, and endorsements as set by the
Borough Manager.
(2) Application
for a permit shall be made at Borough Hall and approved by the Park
and Recreation Board or its designee. The application and fee must
be received no later than 30 days in advance of the scheduled activity.
(3) Permits
may be issued to persons for the use of park, recreation and open
space lands.
(4) Application
for permits from persons under the age of 18 years shall be countersigned
by the applicant's parent or legal guardian indicating therein his
or her responsibility for the conduct of the permit user.
(5) The
person or persons to whom a permit is issued shall be liable for any
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. Likewise, the permittee shall repair all damage
and restore the property used to the same condition it was in prior
to the use by the permittee, regardless of the cause of the damage
or loss.
(6) All
visitors to park, recreation and open space lands must comply with
all rules and regulations of the New Hope Borough Council and the
Park and Recreation Board.
D. To enter
or use any park, recreation or open space lands during such periods
of time, as are specified by separate resolution of Council, that
such lands are closed to the public, except when authorized by permit.
E. To use,
operate or park any motorized vehicle in any park, recreation or open
space lands (except in areas specifically designated for motor vehicles
and except for persons mowing the grass) and/or to operate any vehicle
and stop, stand, or park such vehicle upon any roadway, hiking path,
trail, or lane or in any parking area within a park, recreation or
open space area in such manner as to form an obstruction to traffic
thereon and/or to drive upon or park upon any trail, maintenance road
or lawn unless the area is specifically designated as overflow parking
area and/or to operate any vehicle and park in any place where a "No
Parking" sign has been erected and/or to operate any vehicle and park
in such a manner as to block the exit or removal of another vehicle.
Borough maintenance vehicles are exempt from the requirements of this
subsection. Bicycles are permitted within the park system on areas
clearly designated for this purpose.
F. To build,
erect, plant or cultivate upon park, recreation or open space lands
or otherwise use such lands or the contents thereon for any structure,
garden, compost heap or other personal use without first obtaining
written permission from the Park and Recreation Board and Borough
Council.
G. To enter
any building or structure that is not open to and regularly used by
the general public.
H. To swim,
boat, bathe or wade in any body of water unless said area is specifically
designated for such purposes.
I. To bring
any domestic animal or fowl into park, recreation or open space lands
unless the property is clearly designated for such a purpose and then
only when the domestic animal or fowl is tethered on a six-foot or
shorter leash, or other restraining device, adequate to insure that
control of the animal can be maintained at all times. This provision
shall not apply to any person accompanied by a guide dog or other
dogs used to assist physically disabled persons.
J. Construct
or erect any building or structure of whatever kind, whether permanent
or temporary in character, or run or string any public service utility
into, upon, or across such lands, except on special written permit
issued hereunder.
K. To use
a musical instrument, loudspeaker, public address system or amplifier
without first obtaining written permission from the Park and Recreation
Board and a noise permit from the Borough Council.
L. To solicit
funds, charge fees, distribute any literature or engage in any commercial
enterprise whatsoever, except with the written permission of the Park
and Recreation Board or its designee.
M. To offer
for sale any articles or items of any kind or any food, except when
authorized in writing by the Park and Recreation Board or its designee.
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter, which shall
be found to have been violated, shall constitute a separate offense.