For the purposes of this chapter, the terms designated herein
shall have the following meanings:
OPEN SPACE
Any parcel of open space dedicated to and accepted by the
Board of Supervisors of Whitpain Township for public use and enjoyment.
TOWNSHIP PARKS
Any park located within the Township of Whitpain which is
open and accessible to the public.
TRAILS
Any footpath, pedestrian trail and/or any equestrian trail
dedicated to and accepted by the Board of Supervisors of Whitpain
Township for public use and enjoyment.
The Township parks, open spaces and trails shall be open to
all Whitpain Township residents and their guests throughout the year
unless specifically closed, in whole or in part, by directive of Township
staff, Township police or the Board of Supervisors.
A. Use by nonresidents. Use of any of the facilities by nonresidents
of Whitpain Township shall be permitted only when said guests are
accompanied by Whitpain residents or with prior approval of Whitpain
Township or the Director of Parks and Recreation.
B. Special uses or programs. From time to time, either by decision of
the Board of Supervisors, Township Manager or Township Director of
Parks and Recreation, portions of the Township parks, open spaces,
or trails may be closed or set aside for special usage. Such special
usage or special programs shall only be authorized after application
to the Township setting forth the particulars pertaining to the special
use or special programs.
(1) Requirements of special uses or programs. Special uses or special
programs must abide by all Township ordinances, rules and regulations
and may be required to meet particular written requirements of the
Township as may be established from time to time. Such requirements
include the payment of an approved permit fee. Such requirements may
also include, if deemed necessary by the Director of Parks and Recreation,
depending upon the size, duration and intensity of the event, additional
insurance, guarantees of additional security, posting of funds to
assure costs of insurance, security and cleanup and such other requirements
as the Township may determine to be necessary for the protection of
the site and the users at the special use or special program.
(2) Restriction on special uses or special programs. The Board of Supervisors
reserves the right to determine what types of special uses or special
programs may be conducted on Township parks, open spaces and trails.
No Township parks, open spaces or trails shall be used for fundraising
or any similar such events. No signs, temporary signs, banners or
similar identification materials shall be permitted in Township parks,
open spaces and trails except as approved by the Township Supervisors.
(3) Reservation of facilities. The reservation of Township parks, open
spaces or trails by organized groups shall be scheduled by the Township
Director of Parks and Recreation, who, if granting approval, may issue
a permit for the specified times and specific facility. The reserving
group shall confine its use to only the reserved facilities and exclusively
for the uses and time periods authorized by the Township-issued permit
and shall post, display or have on their person a copy of the permit
during such usage. A failure to surrender the reserved facility at
the conclusion of the allocated time or failure to post, display or
have on their person the permit during times of such authorized exclusive
usage shall be grounds for forfeiture of future approvals and/or reserved
usage.
[Amended 1-3-2017 by Ord.
No. 353]
The following uses or activities are prohibited in any Township
parks, open space or trails:
A. Use outside the hours of operation from sunrise to sunset, unless
specifically authorized;
B. Possession or use of illegal or controlled substances;
C. Being manifestly under the influence of alcohol or drugs;
D. Boisterous, immoral or indecent conduct;
E. Open fires, portable stoves or similar devices for cooking, heating,
or any other purpose;
F. Possession or use of fireworks;
G. Brandishing or discharging of firearms;
H. Possession or use of bows and arrows;
I. Possession or use of a slingshot, javelin or other similar weaponry
or equipment;
J. Using or operating motorized vehicles of any sort, including minibikes,
mopeds, dirt bikes, motorcycles, go-carts, snowmobiles, all-terrain
vehicles, 4x4s or other self-propelled vehicles other than such authorized
or lawful use within designated parking areas and roads at the site,
except for motorized wheelchairs for the disabled;
M. Using or operating motorized, transistorized or fuel-propelled model
airplanes, aircraft or rockets or vehicles;
N. Playing or practicing golf anywhere on parks, playgrounds or open
space areas;
O. Discarding of any trash, refuse, garbage or litter, except in containers
provided for disposal purposes;
P. Damaging, defacing, destroying or removing any Township property,
including signs, structures, equipment, trees, landscaping materials,
topsoil, rocks, sod or plantings;
Q. Operating, stopping or parking of any vehicle except on designated
driveways or parking areas;
R. Selling or distributing of any items or articles of food, beverage,
or clothing, unless authorized by the Township in advance;
S. Fundraising or soliciting financial contributions of any kind;
T. Use for conducting a private, fee-based coaching clinic or training;
U. Use of loudspeakers, boom boxes, high-volume portable speakers, portable
hand-held microphones, Freon air horns or equipment to amplify sound,
unless prior approval is obtained from the Director of Parks and Recreation;
V. Vehicle repairs, cleaning, washing or any maintenance of any type;
W. Operating any vehicle on any public driveways, accessways, trails
or parking lot areas in a reckless, careless or negligent manner,
in excess of the posted speed limit, in violation of applicable provisions
of the Pennsylvania Motor Vehicle Law, Township ordinances or in any
manner as to be a nuisance or potential hazard to other park users
or Township property; and
X. Charging for use of the park, open space or trail, even if possessing
a permit for a special use or program.
The Department of Parks and Recreation and the Police Department
of Whitpain Township shall be authorized to enforce the regulations
adopted by the Board of Supervisors of Whitpain Township and shall
exercise general supervision over persons occupying or using the Township
parks, open spaces, or trails of the Township.
A. Assigned Township personnel. Township employees who shall be assigned
to a particular park, open space, or trail of the Township shall be
authorized to enforce the rules and regulations set forth in this
chapter, with the jurisdiction to enforce the same.
The Board of Supervisors of Whitpain Township and the Township
staff, by the Township Manager, Township Director of Parks and Recreation
or any Township employees as directed by the Supervisors or Township
staff, shall exercise general supervision over persons occupying or
using the Township parks, open spaces or trails and over the care,
maintenance, repair, improvement, construction or replacement of Township
property or equipment and facilities within the Township and shall
keep the facilities in a clean, orderly and sanitary condition.
The Board of Supervisors of Whitpain Township may, from time
to time, adopt a Schedule of Fees and Charges and Rules and Regulations
for use of the Township parks, open spaces or trails as the Board
may deem necessary to implement the orderly use of these Township
properties and facilities. The Board of Supervisors may amend the
Schedule of Fees and Charges and/or the Rules and Regulations from
time to time.
Any person, firm, corporation or other entity violating any
of the provisions of this chapter shall, in addition to the other
charges hereinbefore provided for, upon conviction before any Magisterial
District Judge, be guilty of a summary offense and shall be required
to pay a civil penalty not exceeding $600 per violation and costs
of prosecution. Each and every day on which any person, firm, corporation
or other entity shall be in violation of this chapter shall constitute
a separate offense.
The exercise of any remedy by the municipality, including, but
not limited to, enforcement of a civil proceeding before a Magisterial
District Judge, shall not limit the municipality from seeking any
other remedy, including, but not limited to, enforcement of the chapter
in equity.