This chapter shall be known and entitled the
"Bethlehem Township Rules and Regulations for Township Parks."
This chapter is enacted pursuant to the authority
granted to First Class Townships pursuant to § 1502 (cl.
I, II) of the First Class Township Code, 53 P.S. § 56502,
as amended, § 1502 (cl. IX) of the First Class Township
Code, 53 P.S. § 56509, as amended, § 1502 (cl.
X) of the First Class Township Code, 53 P.S. § 56510, as
amended, § 1502 (cl. XXVI) of the First Class Township Code,
53 P.S. § 56526, as amended, § 1502 (cl. XLIV)
of the First Class Township Code, 53 P.S. § 56544, as amended,
§ 3001 of the First Class Township Code, 53 P.S. § 58001,
as amended, § 3009 of the First Class Township Code, 53
P.S. § 58009, as amended, § 3012 of the First
Class Township Code, 53 P.S. § 58012, as amended, and pursuant
to such other police powers which may be lawfully exercised by First
Class Townships.
This chapter is declared to be an exercise of
the police power of the Township of Bethlehem and its provisions shall
be liberally construed for the preservation and protection of the
natural environment, public peace, health, safety and welfare. The
Township of Bethlehem finds as follows and declares that this chapter
is passed in response to the following facts:
A. Unlawful and inappropriate behavior in the parks of
the Township diminishes these precious assets and deprives citizens
of the full use and enjoyment of the natural beauty, recreational
opportunities and peaceful repose that parks are intended to preserve
in a suburban setting.
B. In addition to more serious criminal acts that threaten
personal injury and property damage, a wide range of illegal disorderly
behavior can transform a park into an unwelcoming, unattractive and
ultimately unsafe public space requiring increased expenditures for
public safety and maintenance.
C. The laws intended to preserve and protect the parks
for the benefit of all are effective only if those who use the parks
obey the law. The current criminal and civil penalties for violating
the law are frequently inadequate alone to deter illegal behavior,
prevent its recurrence or provide for the removal of the offender
from the park.
D. Compliance with the law, including the rules and regulations
set forth herein, will be enhanced by the immediate administrative
sanction of excluding from Township parks those who violate the law.
The following words and terms shall, for the
purpose of this chapter, have the meanings set forth herein:
CAMP
To remain overnight, to erect a tent or other shelter or
to use sleeping equipment, a vehicle or a trailer camper for the purpose
of or in such a way as will permit remaining overnight.
DEPARTMENT
The Department of Parks and Recreation of the Township as
established from time to time by the Board of Commissioners.
[Amended 12-17-2012 by Ord. No. 11-12]
DIRECTOR
The Director of the Department as determined from time to
time by the Board of Commissioners and the authorized agents of the
Director, who may include, without limitation, the Chief of Police
of the Township and his/her subordinate officers, animal control officers
and duly authorized Department or other Township employees in the
performance of their official duties.
[Amended 12-17-2012 by Ord. No. 11-12]
MANAGER
The Manager of the Township.
PARK
All lands, water, buildings and facilities now or hereinafter
comprising the parks and recreation system of the Township, including
any and all parks and bodies of water contained therein or adjacent
thereto, playgrounds, athletic fields, sports courts, pavilions, picnic
facilities, trails, bike paths, walkways, drives, parkways, boulevards,
boat launch areas, waterfront areas, golf courses, museums, aquaria,
zoos, botanical gardens, greenbelts, parking lots, community centers
and other park, recreation and open space areas and buildings and
facilities.
PARK RULE
Those particular rules or code of conduct adopted by the Board of Commissioners for which a violation may lead to exclusion from a park under §
170-9.
RECREATION PROGRAM
Any program or activity conducted, sponsored or assisted
by the Department, whether or not it occurs in a park.
VIOLATION
An act or omission or combination thereof that is contrary
to any park rule or any civil or criminal provision of the statutes,
laws, regulations, codes or ordinances, laws of the United States,
the Commonwealth of Pennsylvania, and/or the Township proven by a
preponderance of the evidence.
[Amended 12-17-2012 by Ord. No. 11-12]
A. Purpose.
These regulations are established to govern the conduct of members
of the public in the parks and to protect Township property.
B. Interpretation.
Whenever consistent with the context of this chapter, words in the
present, past or future tenses shall be construed to be interchangeable
with each other, words in the singular number shall be construed to
include the plural and words of gender shall apply to all genders.
The Manager and the Director, under the direction
and control of the Manager, shall have the power to enforce the provisions
of this chapter. The Manager and the Director, under the direction
and control of the Manager, and in conjunction with the authority
granted by the Board of Commissioners to the Parks and Recreation
Committee, may propose additional rules and regulations consistent
with this chapter for approval and adoption by resolution of the Board
of Commissioners, to manage and control the park and recreation system
of the Township, including rules that:
A. Clarify, interpret or apply this chapter.
B. Regulate the use of parks.
C. Regulate conduct in parks.
D. Designate restricted areas in parks.
E. Regulate recreation programs.
F. Establish times for opening and closing of any particular
park or park facility to public use and/or for entry or use by vehicles.
G. Restrict and/or prohibit the use of any bicycle, skateboard,
roller-skate, coaster or other similar device in any park or part
of a park. This prohibition shall not apply to wheeled equipment by
a person with a disability, who uses such wheeled equipment in order
to be ambulatory. It is Township policy that restrictions or prohibitions
on the use of recreational equipment on a surface that is paved or
improved for travel be imposed only to the extent appropriate to preserve
the park from damage and/or avoid impairing the use and enjoyment
of the park by others. Bicycles are permitted within the areas designated
by the Manager as constituting the Bethlehem Township Bike Path, the
Bethlehem Township Towpath/Canal Trail and the Greenway.
[Amended 12-17-2012 by Ord. No. 11-12]
H. Impose a speed limit on use of any or all park paths,
trails and walks, improved or unimproved. Such speed limit may apply
to pedestrians and/or those persons using roller-skates, skateboards,
coasters, bicycles, carts or any similar device or conveyance.
The following are violations of this chapter and subject the violator to park exclusion pursuant to §
170-9, and to the penalties set forth in §
170-11:
A. The posting of signs, posters and notices, including
the use, placement or erection of any signboard, sign billboard, bulletin
board, post, pole or device of any kind for advertising or notification
in any park or to attach any notice, bill, poster, sign, wire, rod
or cord to any tree, shrub, railing, post or structure within any
park, except as may be expressly permitted by the Manager.
[Amended 12-17-2012 by Ord. No. 11-12]
B. The distribution of handbills, including the distribution
of any handbills, circulars or signs in any park in any manner that
interferes with or obstructs the normal passage of people in vehicles.
[Amended 12-17-2012 by Ord. No. 11-12]
C. No-trespassing areas; removal or destruction of property;
structures or obstruction. Except for duly authorized Department or
other Township employees in the performance of their official duties
or other persons duly authorized pursuant to law:
(1) To enter or go upon any area which has been designated
and posted by or under the authority of the Manager as a "no admittance"
or "no trespassing" area for the purpose of protecting such area or
person or other property from potential harm.
(2) To fail or refuse to leave, upon the request of any
Township employee, any area no posted as "no admittance" or "no trespassing"
but which, because of weather or emergency conditions, cannot be occupied
or used without a risk, in the opinion of the Director, of causing
potential harm to such area or persons or other property.
(3) To remove, mutilate, deface, damage or destroy any
public notice, structure, lawn, monument, statue, vase, fountain,
wall, fence, railing, vehicle, bench, shrub, tree, geological formation,
plant, flower, lighting system, sprinkling system, gate, barricade
or lock or other property lawfully in any park or to remove rocks,
sand, soil or sod in any park.
(4) To place or erect in any park a structure or obstruction
of any kind without a permit from the Manager.
D. Animals shall be prohibited as follows:
[Amended 12-17-2012 by Ord. No. 11-12]
(1) Except as expressly allowed in Subsection
D(2), for any person to allow or permit any animal in any park. This prohibition shall not apply to:
(a)
Any animal used by a person with a disability including, but
not limited to, a Seeing Eye or Hearing Ear dog as a disability aid.
(b)
Animals used by public law enforcement agencies and under control
of a law enforcement officer.
(2) Horses and domestic pets are permitted within the areas designated
by the Manager as constituting the Bethlehem Township Towpath/Canal
Trail under the following conditions:
(a)
Any person who takes a horse or domestic pet into such areas
must have physical control of the animal and be responsible and liable
for the conduct of the animal.
(b)
Domestic pets must be controlled by means of an adequate leash.
(c)
All domestic pets must be licensed and display valid license
tags and up-to-date rabies vaccination tags attached in accordance
with applicable law.
(d)
Any person with a domestic pet in his or her possession or under
his or her control in such areas shall carry equipment for removing
feces and shall remove feces from such areas and dispose of the same
in a lawful and sanitary manner.
(3) The Manager is authorized to prohibit horses and domestic pets within the areas designated in Subsection
D(2) on a temporary or permanent basis if in his or her opinion it is determined that such closure is necessary for the preservation and protection of the natural environment, public health or safety. Prior to closing such areas, the Manager shall consult with the Director and the Parks and Recreation Committee.
E. Wildlife and plants.
[Amended 12-17-2012 by Ord. No. 11-12]
(1) Wildlife shall not be disturbed except for the duly authorized Department
or other Township employees in the performance of their official duties
or other person duly authorized pursuant to law to enter or go upon
any areas or place in any park designated and posted by the Manager
or by appropriate state or federal agencies as a game refuge, sanctuary
or reserve (unless designated by the Manager for entry) or to injure,
molest or disturb any wildlife thereon, its nests or strike any wildlife
with any device or thing or throw or otherwise propel any missile
or other object at or in the vicinity of any such wildlife. No person
shall pursue, hunt, catch, attempt to catch, strike, molest, wound
or kill any bird, animal or reptiles. No person shall use vehicle
headlights or spotlights for the purpose of viewing any animal after
sunset when the park is not open to the public.
(2) No person shall:
(a)
Cut, remove or destroy any tree, sapling, seedling, bush or
shrub, or break or remove any branch, foliage, tree or shrub, or pick,
gather, uproot, remove or destroy any flower, plant or grass, or chisel,
drill or remove any natural stone deposit except with the written
permission from the Manager.
(b)
Remove or cause to be removed or to dig any sod, earth, humus,
peat, boulder, rock, gravel or sand except with written permission
from the Manager.
(c)
Hitch, tie, fasten, nail, anchor, screw, or otherwise attach
any wire, cable, chain, rope, card, sign, poster, advertisement, notice,
announcement, handbill, board, or other articles or device to any
post, tree, shrub, rock outcropping or structure except in accordance
with a special event permit issued by the Manager.
F. Air pistols, air rifles, air guns, bow and arrow or slingshots, including
the use, possessing, or discharging of any air pistol, air rifle,
air gun, bow and arrow, crossbows, slingshot or other device the purpose
of which is to propel an object away from the person using it, except
at places and times set aside by the Manager as safe for such activity
and posted by signs specifying the permitted activity.
[Amended 12-17-2012 by Ord. No. 11-12]
G. Firearms. Except for law enforcement officers in the performance
of their official duties, no person shall discharge a firearm in any
park.
[Amended 12-17-2012 by Ord. No. 11-12; 3-16-2015 by Ord. No. 08-15]
H. Fireworks, including the use, possession or discharging of any fireworks
in any park, except at places and times permitted by the Board of
Commissioners of the Township.
[Amended 12-17-2012 by Ord. No. 11-12]
I. Hitting or driving golf balls, including hitting or driving of golf
balls, except at places and times set aside by the Manager as safe
for such activity and posted by signs specifying the permitted activity.
[Amended 12-17-2012 by Ord. No. 11-12]
J. Urinating or defecating in any park, except in rest room facilities
specifically provided for the purpose.
[Amended 12-17-2012 by Ord. No. 11-12]
K. Soliciting, including the solicitation of contributions for any purpose,
including charitable, education or scientific purpose in any park.
[Amended 12-17-2012 by Ord. No. 11-12]
L. Sale of merchandise, including the sale or attempted sale of any
merchandise, liquid, edible or any other tangible or intangible things,
right, privilege or claim in any park without having an authorized
concession contract or use permit from the Manager.
[Amended 12-17-2012 by Ord. No. 11-12]
M. Sound-amplifying devices, including the use of any public address
system, loudspeaker or other sound-amplifying device in any park,
except as permitted by the Manager for specific events and times or
except as necessary for the preservation of public peace or safety.
[Amended 12-17-2012 by Ord. No. 11-12]
N. Use of drives, parkways, park boulevards, sidewalks, pathways, and
trails; speed limits and obstructions, including riding, propelling,
driving, or directing any vehicle over or through any park except
along and upon the park drives, in excess of 10 miles per hour where
no speed limit is posted or allowing or permitting any vehicle to
obstruct any park parkways and park boulevards or to do so at a speed
in excess of the posted speed limit, in any parkway, park boulevard,
sidewalk, pathway or trail.
[Amended 12-17-2012 by Ord. No. 11-12]
O. Areas closed to general vehicular access, including the driving or
operating a vehicle in any park or in any area therein which is designated
and posted as being closed to general vehicular traffic access, except
for the duly authorized Department or other Township employees in
the performance of their official duties.
P. Illegal drugs and controlled substances defined as follows:
[Added 12-17-2012 by Ord. No. 11-12]
(1) No person shall:
(a)
Consume or possess any illegal drug, drug paraphernalia or controlled
substance while in or upon any property within a park.
(b)
Enter or remain within the park while under the influence of
a controlled substance as defined above, except those taken pursuant
to the lawful order of a doctor.
(2) All illegal drugs, drug paraphernalia or controlled substances in
any person's possession may be confiscated.
Q. Personal conduct, defined as follows. No person shall:
[Added 12-17-2012 by Ord. No. 11-12]
(1) Engage in any loud, fighting, threatening, violent, tumultuous or
abusive behavior or other disorderly conduct tending to create a breach
of peace, or to disturb or annoy others, while in or on any property
within a park.
(2) Use obscene language, or make an obscene gesture.
(3) Create a hazardous or physically offensive condition by any act which
serves no legitimate purpose of the actor while in or on any property
within a park.
(4) Engage in any form of sexual activity.
(5) Appear in public in a manner that exposes his or her genitalia or
buttocks while in or on any property within a park.
R. Metal detectors or use thereof.
[Added 12-17-2012 by Ord. No. 11-12]
S. Testing vehicles, including the operating of a motor vehicle for
the purpose of testing it along or upon any park drive, parkway or
park boulevard.
[Amended 12-17-2012 by Ord. No. 11-12]
T. Certain recreational vehicles, including the operating of any minibike,
snowmobile, go-cart or all-terrain vehicle in any park.
[Amended 12-17-2012 by Ord. No. 11-12]
U. Restrictions on uses of vehicles in a park when the park is not open
to the public, except for duly authorized Department or other Township
employees or emergency services personnel in the performance of their
official duties, including the following:
[Amended 12-17-2012 by Ord. No. 11-12]
(1) To drive or ride in or on any vehicle in any park when the park is
not open to the public or when the park, roadway or parking lot is,
by order of the Manager, closed to entry or use by vehicles except
on a street serving as necessary access through such park to a residential
or commercial area.
(2) To park or leave a vehicle unattended in any park during hours when
the park is not open to the public or when the park, roadway or parking
lot is, by order of the Manager, closed to entry or use by vehicles,
except pursuant to a permit from the Manager. Vehicles parked or left
unattended in violation of this section are hereby declared to be
a nuisance and may be impounded in accordance with the provisions
of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq., or similar law or laws providing for impoundment with or
without citation and without prior notice to the owner.
(3) The prohibitions contained in this subsection shall not apply to
a vehicle driven or parked, as the case may be, by a person participating
in an activity either conducted by the Department or conducted pursuant
to the terms of a permit from the Department.
V. Permit required for competitions and airborne craft, including engaging
in conducting or holding any trials or competitions for speed, endurance,
hill climbing or similar competition involving any vehicle, boat or
aircraft whether or not such vehicle, boat or aircraft is designed
for carrying persons or to operate, launch or land any hang-glider,
helicopter, hot-air balloon or other airborne conveyance in any park
except pursuant to a permit from the Manager and at specified places
and times designated for such activities by the Manager and upon his
or her determination that:
[Amended 12-17-2012 by Ord. No. 11-12]
(1) Adequate provision has been made to ensure that the health and safety
of participants in and spectators of any such activity will not be
unduly endangered.
(2) Such activities will be conducted in such a manner as to minimize
potential damage to public or private property.
(3) Such activities will not constitute a public nuisance.
(4) Such activities will not unduly interfere with the use of park facilities
by the general public.
W. Park operating hours, including the entering or going upon, or a
failing or refusing to leave any park when a park is not open to the
public. General park operating hours shall be between sunrise and
sunset. The Bethlehem Township Municipal Park at Farmersville Road
extend one-half hour before and after operating hours of the Bethlehem
Township Community Center, with the exception of Saturdays and Sundays
which shall be between sunrise and sunset. In addition to the general
park operating hours, the Northside Athletic Complex hours shall extend
one-half hour before and after scheduled events.
[Amended 12-17-2012 by Ord. No. 11-12]
X. Camping, including the camping in any park except pursuant to a permit
from the Manager.
[Amended 12-17-2012 by Ord. No. 11-12]
Y. Alcoholic beverages, including the consummation or possession of
any alcoholic beverage in any park except pursuant to a permit from
the Manager and, as applicable, the Pennsylvania Liquor Control Board.
The Manager is authorized to issue permits for the possession and
consumption of beer and wine only, for service in nonglass cups or
similar containers, to organized groups having a permit for the use
of one or more pavilions at the Bethlehem Township Municipal Park
on Farmersville Road.
[Amended 12-17-2012 by Ord. No. 11-12]
Z. Littering, including the throwing or depositing any refuse or other
material in any park, except in receptacles designated for deposit
of trash by the public, or to take garbage or refuse to a park for
disposal in the park or to deposit garbage or refuse generated outside
a park in a receptacle within the park designated for deposit of trash
by the public.
[Amended 12-17-2012 by Ord. No. 11-12]
AA. Fires, including the igniting, maintaining or using of any fire or
to participate in igniting, maintaining or using any fire within any
park except in a grill or similar receptacle solely for cooking food
or to ignite or to participate in igniting any material or substance
in any grill or similar receptacle any material other than fuel for
cooking food.
[Amended 12-17-2012 by Ord. No. 11-12]
BB. Use of athletic fields and sports courts, except in the following
manner:
[Amended 12-17-2012 by Ord. No. 11-12]
(1) To use any athletic field or sports court for any purpose not designed
or intended for such field or court except pursuant to a permit from
the Manager; provided, nevertheless, that athletic fields may be used
for any lawful purpose not otherwise prohibited or restricted herein
during such times and in such places that such use does not interfere
with the use of such field by others either:
(a)
Having a permit from the Manager reserving the use of such fields.
(b)
Using such fields for their designed or intended use.
(2) It is the intention of this subsection to recognize that sports courts
have special surfaces that may be damaged by uses not intended for
such surfaces and that the open areas of athletic fields may be used
as general park and recreation areas but that such general nonathletic
uses shall be subordinate to the designed and intended athletic use
of such fields by persons wishing to occupy them for such use.
CC. Areas reserved for others or scheduled for use by the Department,
including the failing or refusing to leave any areas which have been:
[Amended 12-17-2012 by Ord. No. 11-12]
(1) Reserved by permit from the Manager for the use of others upon the
request of any Township employee or any person to whom such permit
has been issued.
(2) Scheduled for use by the Department when, in the opinion of the Director,
the exclusive use of such area by the Department is necessary to reduce
or prevent conflicting uses or activities of others which may substantially
interfere with such Department use, upon the request of any Township
employee.
DD. Use without required permit, including the use of a park or conducting
of any activity or holding an event in any park for which a permit
is required by this chapter or any rules or regulations enacted pursuant
hereto, without first obtaining a permit from the Manager.
[Amended 12-17-2012 by Ord. No. 11-12]
[Amended 12-17-2012 by Ord. No. 11-12]
The rules and regulations contained in this chapter may be enforced
by the Manager and authorized agents of the Manager, who may include,
without limitation, the Chief of Police of the Township and his or
her subordinate officers, animal control officers and duly authorized
Department or other Township employees in the performance of their
official duties.
A. Any person
who shall violate any provision of this chapter shall, upon conviction
therefor in a summary proceeding, be sentenced to pay a fine or penalty
to the Township as follows:
(1) For
a first offense, the sum of $100 plus costs.
(2) For
a second offense, the sum of $300 plus costs.
(3) For
a third offense, the sum of $600 plus costs.
(4) For
all subsequent offenses, the sum of $1,000 plus costs.
B. In default
of payment of said fine or penalty, such person shall be sentenced
to a term of imprisonment not to exceed 90 days.