[Adopted 5-14-1981 by Ord. No. 1277 (Ch. 16, Part 1, of the
1986 Code of Ordinances)]
This article shall be known and may be cited as the "Public
Park Ordinance Regulating Conduct In Public Parks."
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The City of Washington, Pennsylvania.
A person immediately in charge of any park area and its activities,
and to whom all park attendants of such area are responsible.
A park, reservation, playground, beach, recreation center
or any other area in the City owned or used by the City and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the City parks.
A.
Buildings and other property.
(1)
Disfiguration and removal. No person in a park shall wilfully mark,
deface, disfigure, injure, tamper with, or displace or remove any
building, bridges, benches, fireplaces, railings, paving or paving
material; waterlines or other public utilities or parts or appurtenances
thereof; signs, notices or placards, whether temporary or permanent;
monuments, stakes, posts or other boundary markers; or other structures
or equipment, facilities or park property or appurtenances whatsoever,
either real or personal.
(2)
Restrooms and washrooms. No person in a park shall fail to cooperate
in maintaining restrooms and washrooms in a neat and sanitary condition.
No person over the age of six years shall use the restrooms and washrooms
designated for the opposite sex.
(3)
Removal of natural resources. No person in a park shall dig or remove
any beach sand, whether submerged or not, or any soil, rock, stones,
trees, shrubs or plants, down timber or other wood or materials, or
make excavation by tool, equipment, blasting, or other means or agency.
(4)
Erection of structures. No person in a park shall 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.
B.
Trees, shrubbery, lawns.
(1)
Injury and removal. No person in a park shall damage, cut, carve,
transplant or remove any tree or plant, or injure the bark or pick
the flowers or seeds of any tree or plant. Nor shall any person attach
any rope, wire or other contrivance to any tree or plant. A person
shall not dig in or otherwise disturb grass areas or in any other
way injure or impair the natural beauty or usefulness of any area.
(2)
Climbing trees, etc. No person in a park shall climb any tree or
walk, stand or sit upon monuments, vases, fountains, railing, fences
or gun-carriages or upon any other property not designated or customarily
used for such purposes.
(3)
Hitching of animals. No person in a park shall tie or hitch a horse
or other animal to any tree or plant.
C.
Wild animals, birds, etc.
(1)
Hunting. No person in a park shall hunt, molest, harm, frighten,
kill, trap, chase, tease, shoot or throw missiles at any animal, reptile
or bird, nor shall he remove or have in his possession the young of
any wild animal or the eggs or nest or young of any reptile or bird;
nor shall he collect, remove, have in his possession, give away, sell
or offer to sell, or buy or offer to buy, or accept as a gift any
specimen, alive or dead, of any of the group of tree snails. Exception
to the foregoing is made in that snakes known to be deadly poisonous,
such as rattlesnakes, moccasins, coral snakes, or other deadly reptiles,
may be killed on sight.
(2)
Feeding. No person in a park shall give or offer or attempt to give
to any animal or bird any tobacco, alcohol or other known noxious
substances.
A.
Pollution of waters. No person in a park shall throw, discharge or
otherwise place or cause to be placed in the waters of any fountain,
pond, lake, stream, bay 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.
B.
Refuse and trash. No person in a park shall have brought in or shall
dump, deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage or refuse or other trash. No such
refuse or trash shall be placed in any waters in or contiguous to
any park, or left anywhere on the grounds thereof, but shall be placed
in the proper receptacles, where these are provided; where receptacles
are not so provided, all such rubbish or waste shall be carried away
from the park by the person responsible for its presence and properly
disposed of elsewhere.
A.
State motor vehicle laws apply. No person in a park shall fail to
comply with all applicable provisions of the state motor vehicle traffic
laws in regard to equipment and operation of vehicles, together with
such regulations as are contained in this and other ordinances.
B.
Enforcement of traffic regulations. No person in a park shall fail
to obey all traffic officers and park employees, such persons being
hereby authorized and instructed to direct traffic whenever and wherever
needed in the parks and on the highways, streets or roads immediately
adjacent thereto in accordance with the provisions of these regulations
and such supplementary regulations as may be issued subsequently by
the Director.
C.
Obey traffic signs. No person in a park shall fail to observe carefully
all traffic signs indicating speed, direction, caution, stopping or
parking, and all others posted for proper control and to safeguard
life and property.
D.
Speed of vehicles. No person in a park shall ride or drive a vehicle
at a rate of speed exceeding 15 miles an hour, except upon such roads
as the Director may designate by posted signs for speedier travel.
E.
Operation confined to roads. No person in a park shall drive any
vehicle on any area except the paved park roads or parking areas or
such other areas as may on occasion be specifically designated as
temporary parking areas by the Director.
F.
Two-wheel power-driven vehicles. No person in a park shall operate
any two-wheel power-driven vehicle, except to and from parking areas
for access to and from the park only; nor shall any person in a park
operate a two-wheel power-driven vehicle for recreational purposes
on park property.
G.
Parking.
(1)
Designated areas. No person in a park shall park a vehicle in other
than an established or designated parking area, and such use shall
be in accordance with the posted directions thereat and with the instructions
of any attendant who may be present.
(2)
Full-parking. No person in a park shall full-park on the road or
driveway at any time. In order to enjoy some special natural scenic
feature, vehicles may be parked with the two left wheels near the
right edge of the paving for not more than 15 minutes. No stopping
or parking is permitted even briefly on the left-hand side of any
road or driveway.
(3)
Immovable vehicles. No person in a park shall leave any vehicle anywhere
in the park with one or more wheels chained, or with motor set in
gear and doors locked, or in any manner fixed or arranged so that
such vehicle cannot readily be moved by hand.
(4)
Night parking. No person in a park shall leave a vehicle standing
or parked at night without lights clearly visible from both front
and rear on any driveway or road area except legally established parking
areas.
(5)
Emergency procedure. No person in a park shall fail to immediately
notify an attendant of an emergency in the nature of a breakdown requiring
the assistance of a tow truck, mechanic or other person.
(6)
Double-parking. No person in a park shall double-park any vehicle
on any road or parkway unless directed by a park official.
(7)
Muffler required. No person in a park shall fail to use a muffler
adequate to deaden the sound of the engine in a motor vehicle.
H.
Bicycles.
(1)
Confined to roads. No person in a park shall ride a bicycle on other
than a paved vehicular road or path designated for that purpose. A
bicyclist shall be permitted to wheel or push a bicycle by hand over
any grassy area or wooded trail or any paved area reserved for pedestrian
use.
(2)
Operation. No person in a park shall ride a bicycle other than on
the right-hand side of the road paving as close as conditions permit,
and bicycles shall be kept in single file when two or more are operating
as a group. Bicyclists shall at all times operate their machines with
reasonable regard to the safety of others, signal all turns, pass
to the left of any vehicle they are overtaking, and pass to the right
of any vehicles they may be meeting.
(3)
Riders. No person in a park shall ride any other person on a bicycle
unless there is a carrier attached to the same for carrying a small
child or unless it is bicycle built for two.
(4)
Designated racks. No person in a park shall leave a bicycle in a
place other than a bicycle rack, when such is provided and there is
a space available.
(5)
Immobile. No person in a park shall leave a bicycle lying on the
ground or paving or set against trees or in any place or position
where other persons may trip over to be injured by it.
(6)
Night operation. No person in a park shall ride a bicycle on any
road after sunset or before sunrise without plainly visible lights
in both the front and rear.
A.
Bathing and swimming.
(1)
Designated areas. No person in a park shall swim, bathe or wade in
any waters or waterways in or adjacent to any park, except in such
waters and at such places as are provided therefor and in compliance
with such regulations as are herein set forth or may be hereafter
adopted. Nor shall any person frequent any waters or places customarily
designated for the purpose of swimming or bathing or congregate thereat
when such activity is prohibited by the Director upon a finding that
such use of the water would be dangerous or otherwise inadvisable.
(2)
Certain hours. No person in a park shall frequent any waters or places
designated for the purpose of swimming or bathing or congregate thereat
except between such hours of the day as shall be designated by the
Director for such purposes for each individual area.
(3)
Structure on beach. No person in a park shall erect, maintain, use
or occupy on or in any beach or bathing area any tent, shelter or
structure of any kind unless there shall be an unobstructed view into
said tent, shelter or structure from at least two sides; nor shall
any guy wire, rope or extension or exterior brace or support be connected
or fastened from any such structure to any other structure, stake,
rock or other object outside thereof.
(4)
Costume. No person in a park shall allow himself to be so covered
with a bathing suit as to indecently expose his person or call forth
merited criticism. No person shall appear in bathing costume at any
time in the parks except within the limits of designated bathing places
or areas, and all bathing costumes shall conform to commonly accepted
standards.
(5)
Bathhouses. No person in a park shall dress or undress on any beach,
or in any vehicle, toilet or other place, except in such bathing houses
or structures as may be provided for that purpose.
B.
Boating.
(1)
Designated areas. No person in a park shall bring into or operate
any boat, raft or other watercraft, whether motor-powered or not,
upon any waters, except at places designated for boating by the Director.
Such activity shall be in accordance with applicable regulations as
are now or may hereafter be adopted.
(2)
Public docks. No person in a park shall use the public docks for
dockage or other purpose without first making arrangements for such
accommodation with the Director, who shall assign space and collect
reasonable rental charges in conformity with established regulations
and rates.
(3)
Operation of boats. No person in a park shall navigate, direct or
handle any boat in such a manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupants of any other boat.
(4)
Prohibition during closing hours. No person in a park shall launch,
dock or operate any boat of any kind on any waters between the closing
hour of the park at night and opening hour the following morning,
nor shall any person be on or remain in any boat during the said closed
hours of the park.
C.
Fishing.
(1)
Commerce prohibited. No person in a park shall engage in commercial
fishing or the buying or selling of fish caught in any waters.
(2)
General prohibition. No person in a park shall fish in any waters,
whether by the use of hook-and-line, net, trap or other device, except
in waters designated by the Director for that use and under such regulations
and restrictions as have been or may be prescribed by the Director.
D.
Hunting and firearms. No person in a park shall hunt, trap or pursue
wildlife at any time. No person shall use, carry or possess firearms
of any description, or air-rifles, spring guns, bow-and-arrows, slings
or any other form of weapon potentially inimical to wildlife and dangerous
to human safety, or any that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
E.
Picnic areas and use.
(1)
Regulated. No person in a park shall picnic or lunch in a place other
than those designated for that purpose. Attendants shall have the
authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the comfort
and convenience of all. Visitors shall comply with any directions
given to achieve this end.
(2)
Availability. No person in a park shall violate the regulation that
use of the individual fireplaces together with table and benches follows
generally the rule of "first-come, first-served."
(3)
Nonexclusive. No person in a park shall use any portion of the picnic
areas or of any of the buildings or structures therein for the purpose
of holding picnics to the exclusion of other persons, nor shall any
person use such area and facilities for an unreasonable time if the
facilities are crowded.
(4)
Duty of picnicker. No person in a park shall leave a picnic area
before the fire is completely extinguished and before all trash in
the nature of boxes, papers, cans, bottles, garbage and other refuse
is placed in the disposal receptacles where provided. If no such trash
receptacles are available, then refuse and trash shall be carried
away from the park area by the picnicker to be properly disposed of
elsewhere.
F.
Camping. No person in a park shall camp in other than permanent cabins
for organized camping provided by the Director and used by groups
of persons under adequate supervision. No person shall set up tents,
shacks or any other temporary shelter for the purpose of overnight
camping, nor shall any person leave in a park after closing hours
any movable structure or special vehicle to be used or that could
be used for such purpose, such as house-trailer, camp-trailer, camp-wagon,
or the like.
G.
Games. No person in a park shall take part in or abet the playing
of any games involving thrown or otherwise propelled objects such
as balls, stones, arrows, javelins or model airplanes, except in areas
set apart for such forms of recreation. The playing of rough or comparatively
dangerous games such as football, baseball and quoits is prohibited
except on the fields and courts or areas provided therefor. Roller-skating
shall be confined to those areas specifically designated for such
pastime.
H.
Horseback riding. No person in a park shall ride a horse except on
designated bridle trails. Where permitted, horses shall be thoroughly
broken and properly restrained and ridden with due care and shall
not be allowed to graze or go unattended, nor shall they be hitched
to any rock, tree or shrub.
[Amended 4-24-1986 by Ord. No. 1356]
A.
Intoxicating beverages.
(1)
Prohibition. No person in a park shall have brought alcoholic beverages,
nor shall any person drink alcoholic beverages at any time in the
park.
(2)
Exceptions. At certain specifically designated recreation centers
where meals or lunches are served under concession privileges, the
sale of alcoholic beverages by such concessionaire will be permitted
under the strict regulation and control of the Director. Sales of
alcoholic beverages shall be made only in individual drinks (not in
original packages or otherwise in bulk) and shall be served for consumption
on the immediate premises of the concession.
(3)
Drunkenness. No person in a park shall have entered or be under the
influence of intoxicating liquor.
B.
Fireworks and explosives. No person in a park shall have brought
or have in his possession or set off or otherwise cause to explode
or discharge or burn any firecrackers, torpedo, rocket or other fireworks
or explosives of inflammable material, or discharge them or throw
them into any such area from land or highway adjacent thereto. This
prohibition includes any substance, compound, mixture or article that,
in conjunction with any other substances or compound, would be dangerous
from any of the foregoing standpoints.
C.
Domestic animals. No person in a park shall have been responsible
for the entry of a dog or other domestic animal into areas other than
automobile parking concourses and walks immediately adjacent thereto
and in such other areas as may be clearly marked by signs bearing
the words "Domestic Animals Permitted in This Area." Nothing herein
shall be construed as permitting the running of dogs at large. All
dogs in those areas where such animals are permitted shall be restrained
at all times on adequate leashes not greater than six feet in length.
D.
Reservation of facilities. No person in a park shall occupy any seat
or bench or enter into or loiter or remain in any pavilion or other
park structure or section thereof which may be reserved and designated
by the Director for the use of the opposite sex.
E.
Dress. No person in the park shall appear at any place other than
in proper clothing. With the exception of the restricted bathing areas,
"properly clothed" shall be construed to prohibit the wearing of trunks
or clothing that does not cover portion of the body.
F.
Alms. No person in a park shall solicit alms or contributions for
any purpose, whether public or private.
G.
Fires. No person in a park shall build or attempt to build a fire
except in such areas and under such regulations as may be designated
by the Director. No person shall drop, throw or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or other
inflammable material within any park area or on any highway, road
or street abutting or contiguous thereto.
H.
Closed areas. No person in a park shall enter an area posted as "Closed
to the Public" nor shall any person use or abet the use of any area
in violation of posted notices.
I.
Games of chance. No person in a park shall gamble or participate
in or abet any game of chance.
J.
Going onto ice. No person in a park shall go onto the ice on any
of the waters except such areas as are designated as skating fields,
and provided a safety signal is displayed.
K.
Loitering and boisterousness. No person in a park shall sleep or
protractedly lounge on the seats or benches or other areas, or engage
in loud, boisterous, threatening, abusive, insulting or indecent language,
or engage in any disorderly conduct or behavior tending to a breach
of the public peace.
L.
Exhibit permits. No person in a park shall fail to produce and exhibit
any permit from the Director he claims to have upon request of any
authorized persons who shall desire to inspect the same for the purpose
of enforcing compliance with any ordinance or rule.
M.
Interference with permittees. No person in a park shall disturb or
interfere unreasonably with any person or party occupying the area
or participating in any activity under the authority of a permit.
A.
Vending and peddling. No person in a park shall expose or offer for
sale any article or thing, nor shall he station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing. Exception is here made as to any regularly licensed
concessionaire acting by and under the authority and regulation of
the Director.
B.
Advertising. No person in a park shall announce, advertise or call
the public attention in any way to any article or service for sale
or hire.
C.
Signs. No person in a park shall paste, glue, tack or otherwise post
any sign, placard, advertisement or inscription whatever, nor shall
any person erect or cause to be erected any sign whatever on any public
lands or highways or roads adjacent to a park.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall
be open to the public every day of the year during designated hours.
Between April 1 and September 30, the hours of operation will be from
9:00 a.m. until 10:00 p.m.; between October 1 and March 31, the hours
of operation will be from 9:00 a.m. until 9:00 p.m. The opening and
closing hours shall be posted therein for public information.
B.
Closed areas. Any section or part of any park may be declared closed
to the public by the Director at any time and for any interval of
time, either temporarily or at regular and stated intervals (daily
and otherwise) and either entirely or merely to certain uses, as the
Director shall find reasonably necessary.
C.
Lost and found articles. The finding of lost articles by park attendants
shall be reported to the Director, who shall make every reasonable
effort to locate the owners. The Director shall make every reasonable
effort to find articles reported as lost.
D.
Permit. A permit shall be obtained from the appropriate Director
for use of any specific park facility by any group.
(1)
Application. A person seeking issuance of a permit hereunder shall
file an application with the appropriate Director. The application
shall state:
(a)
The name and address of the applicant;
(b)
The name and address of the person, corporation or association
sponsoring the activity, if any;
(c)
The day and hours for which the permit is desired;
(d)
The park or portion thereof for which such permit is desired;
(e)
An estimate of the anticipated attendance; and
(f)
Any other information which the Director shall find reasonably
necessary to be a fair determination as to whether a permit should
issue hereunder.
(2)
Standards for issuance. The Director shall issue a permit hereunder
when he finds:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public's enjoyment
of the park;
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation;
(c)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the City;
(d)
That the proposed activity or use is not reasonably anticipated
to incite violence, crime or disorderly conduct; and
(e)
That the facilities desired have not been reserved for other
use at the day and hour required in the application.
(3)
Appeal. Within three days after receipt of an application, the Director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within three days to the Park Commission, which shall consider the application under the standards set forth in Subsection D(2) hereof and sustain or overrule the Director's decision within three days. The decision of the Park Commission shall be final.
(4)
Effect of permit. A permittee shall be bound by all park rules and
regulations and all applicable ordinances fully as though the same
were inserted in said permits.
(5)
Liability of permittee. 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.
(6)
Revocation. The Director shall have the authority to revoke a permit
upon a finding of a violation of any rule or ordinance or upon good
cause shown.
(7)
Group permits. No company, society or organization shall hold or
conduct any picnic, celebration, parade, service or exercise without
first obtaining a permit from the Director, and it shall be unlawful
for any person to take part in any public celebration, service or
exercise held or conducted contrary to the provisions hereof. Permits
will not be issued if tickets are to be sold or a charge of any nature
made against those attending. Violation or circumvention of this rule
will result in cancellation of the permit.
A.
Officials. The Director and park attendants shall, in connection
with their duties by law, diligently enforce the provisions of this
article.
B.
Ejectment. The Director and any park attendant shall have the authority
to eject from the park any person acting in violation of this article.
C.
Seizure of property. The Director and any park attendant shall have
the authority to seize and confiscate any property, thing or device
in the park or used in violation of this article.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Amended 4-24-1986 by Ord. No. 1356]
If a violation of the Pennsylvania Crimes Code has been committed
by a person while in the park, then they shall be prosecuted under
said code.