[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 7-3-2012 by Ord. No. 62. Amendments noted where applicable.]
A.
The Second Class Township Code, Act of May 1, 1933, P.L. 103, No.
69, as amended by the Act of November 9, 1995, P.L. 350, No. 60, under
Section 2203, entitled "Regulation of Parks and Public Amusements",
found at 53 P.S. 67203, enacted by the General Assembly of the Commonwealth
of Pennsylvania, provides that the board of supervisors may by ordinance
regulate the use and enjoyment by the public of any park or recreation
grounds owned and operated bu the township for the use of the public;
and
B.
It is the determination of the Board of Supervisors of the Township
of Carroll that rules and regulations needed to be adopted in order
to provide for safe and proper public recreation programs and facilities
for the township under the supervision and direction of the legally
constituted recreation board;
C.
Be it ordained and enacted by the Board of Supervisors of Carroll
Township, Perry County, Pennsylvania, and it is hereby ordained and
enacted by authority of the same.
The parks and recreation facilities owned or leased by the Township
for recreational purposes, hereinafter referred to as "areas," shall
be governed by the rules and regulations contained herein. The areas
shall consist of the following locations, and any other such locations
as the Board of Supervisors shall, from time to time, designate:
Rules and regulations are hereby promulgated to be effective
five days after adoption and to apply to the use of the areas. The
Recreation Board and/or the Board of Supervisors are authorized to
prepare additional rules and regulations that shall not conflict with
the rules and regulations set forth herein.
Unless otherwise authorized by the Township, the areas are open
to the public between dawn and dusk.
The following acts and conduct are prohibited in the areas:
A.
Possession and/or consumption of alcoholic beverages.
B.
Intoxication.
C.
Smoking or the use of any tobacco products except in designated areas.
D.
Boisterous, immoral, indecent, obscene or disorderly conduct.
E.
Discarding of trash, garbage, or other litter, except into containers
provided for that purpose.
F.
Damaging, defacing, destroying, or removing any Township-owned property,
sign, structure, equipment, or other material; driving nails or other
hardware into trees.
G.
Posting of signs, distributing, selling, servicing or renting of
any supplies, equipment, material, or commodity whatsoever, or soliciting
for any purposes, without authorization from the Township Supervisors
or Township Recreation Board.
H.
Operating, stopping, or parking of any vehicle, except on designated
roads, trails, or areas.
I.
Operating any vehicle or bicycle in a reckless or negligent manner,
in excess of the posted speed limit of 10 miles per hour, or in such
a manner as to become a nuisance to other users.
J.
All recreational vehicles including the following: motorcycles, motorbikes,
all-terrain vehicles, motor-driven cycles, motor scooters, motorized
pedacycles, three-wheelers, snowmobiles, and any other like or similar
form of motorized propulsion, as well as any motor vehicles, whether
or not same is required to be licensed by the Commonwealth of Pennsylvania.
This shall not apply to wheelchairs, either manually operated or power
driven, or to other power-driven mobility devices when used by individuals
with disabilities as defined by The Americans with Disabilities Act
(ADA).
L.
Hunting, trapping, training of hunting dogs, feeding or harming wildlife
and/or waterfowl or annoying, striking, injuring, maiming or killing
any animal or bird.
M.
Camping, use of all fires, except in designated areas and facilities.
No fires shall be left unattended nor charcoal deposited or discarded.
N.
All animals and/or pets of whatever nature or type. The walking of
dogs on a leash or similar restraints shall be allowed. In accordance
with Pennsylvania Dog Law, all dogs must be licensed and under control,
and must not be allowed to run at large. Dogs are personal property,
and owners are responsible for damages caused by their dog. Dogs are
permitted only in designated areas, and specifically not allowed on
playground areas or athletic fields. Owners must provide for and clean
up after their dogs accordingly. This provision shall not apply to
service animals (dogs or miniature horses that have been individually
trained to do work or perform tasks for people with disabilities)
when accompanying individuals with disabilities as defined by The
Americans with Disabilities Act (ADA).
O.
Meetings, conferences, rallies or assemblages for any lawful purpose
of over five persons unless approval is obtained from the Board of
Supervisors or the Recreation Board, stating the name of the organization,
purpose, number of persons, expected duration, and the names or persons
in charge. This section shall not apply to authorized sports associations
and other scheduled sport association events.
P.
The use of roller skates, speed skates or skate boards except in
designated areas.
The Recreation Board shall have the authority to establish priority
and to schedule all events in designated areas.
All laws, rules and regulations pertaining to fishing in the
Commonwealth of Pennsylvania shall apply to fishing in recreation
areas and the provisions thereof are hereby incorporated herein by
reference thereto.
Area facilities which become hazardous for public use due to
weather, water, fire, or unforeseeable conditions may be closed at
the discretion of the Township Board of Supervisors.
The Board of Supervisors shall post the park rules and regulations
in public view at conspicuous places in the recreational facilities
operated by the township.
A.
The Park Manager, Security Officer or other person authorized by
the Board of Supervisors shall be authorized to remove any person
from the park for violation of these rules and regulations. In addition
to removal, a fine may be imposed on the violator in a summary proceeding
before the Magisterial District Judge. Any peace officer as that term
is defined under laws of the Commonwealth of Pennsylvania shall have
authority to enforce any of these rules.
B.
A police officer, the Park Manager or the Township's designee
shall have the right to exclude any person who violates any provision
of this chapter or any laws of the Commonwealth of Pennsylvania for
a period of not more than 30 days.
(1)
Such exclusion order shall be issued for violation of park rules
or regulations, or violation of other Township ordinance or state
law, within the park area when such continued course of conduct would
appear likely to present a clear and present danger to persons using
the park or property within the park, or conduct likely to deny another
person or persons the right to peaceful use and enjoyment of the park
facilities.
(2)
Violation of such an exclusion order, when in effect, shall be considered
criminal trespass.
A.
Any person who violates the above rules and regulations commits a
summary offense.
B.
Any person who shall be found guilty of a violation of this chapter,
upon summary conviction thereof before a Magisterial District Judge,
shall pay a fine of not more than $1,000 per violation and the costs
of prosecution, including but not limited to attorney's fees
and court costs, and, in default of payment of such fine and costs
of prosecution, shall undergo imprisonment of not more than 10 days,
provided further that each day's continuance of a violation shall
constitute a separate offense.
C.
All fines and penalties collected for the violation hereof shall
be paid to the Township treasurer.
D.
The Township, by means of other appropriate legal proceeding, including
a complaint in equity, may compel any person to comply with the above
rules and regulations, or seek any such other relief as any court
of competent jurisdiction is empowered to afford.
