[HISTORY: Adopted by the Borough Council of the Borough of North East as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2000 by Ord. No. 793]
The Borough hereby establishes, creates, dedicates and designates the property previously known as the "Heard Memorial Elementary School property," which is more specifically described in Exhibit A attached hereby and hereby incorporated by reference,[1] as a public park to be used for municipal recreational purposes and related incidental purposes (including without limitation utility installations).
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
The above-referenced public park is hereby officially named the "Heard Memorial Park." It shall be known as and referred to by such official name at all times.
The Heard Family Memorial plaques from the former Heard Memorial Elementary School shall be suitably displayed in Heard Memorial Park at all times.
The sale, dispensing or consumption of alcoholic beverages in Heard Memorial Park is prohibited.
Heard Memorial Park is hereby designated as the forum for high-density events to be conducted in the municipal parks of the Borough. Determinations as to whether any particular event constitutes a high-density event shall be made by the Borough Council on a case-by-case basis, applying the following factors to the particular facts and circumstances of each situation:
A. 
Nature and type of the event or activity;
B. 
Duration of time of the event or activity (how many hours or days it runs);
C. 
Expected/estimated number of people for the event or activity;
D. 
Volume and type of traffic generated and taking place upon municipal property relating to the event or activity (pedestrians, bikes, motor vehicles, etc.);
E. 
Use of any temporary structures (such as tents, booths, supporting poles, etc.) for the event or activity;
F. 
The extent and location of public areas to be utilized for the event or activity;
G. 
Effect of the event or activity on municipal property landscape and facilities; and
H. 
Such other factors as the Borough Council may reasonably consider regarding the determination of high-density events.
Parking lots maintained in Heard Memorial Park may not exceed in the aggregate 48 parking spaces.
A. 
Any group seeking use of all or part of Heard Memorial Park for an event or activity must request such usage in advance, by submitting a written application to the Borough detailing such proposed usage and providing such information and documentation as the Borough may require.
B. 
The Borough Council will review and act upon requests for usage of Heard Memorial Park at official Borough Council meetings. The Borough Council, in its discretion, may deny requests for usage, or may impose general and/or specific conditions on any use of Heard Memorial Park for events or activities.
C. 
Any usage approvals granted by the Borough Council are granted on a day-to-day basis only. The Borough Council may revoke its approval at any time for noncompliance with the Heard Memorial Park rules and regulations or any conditions imposed by the Borough Council regarding such event or activity, or for any other reason within the Borough Council's discretion.
D. 
User groups utilizing all or part of Heard Memorial Park for events or activities shall be required to bear the particularized costs associated with such events or activities (such as liability insurance premiums or riders, electric/water/sewer costs or flat fee estimates thereof, security, setup, cleanup, garbage/dumpster costs, etc.) by either direct payment of and/or reimbursement to the Borough of such costs.
E. 
These Heard Memorial Park rules and regulations may be amended or supplemented at any time by the Borough.
The Borough may impose user fees at any time to offset Heard Memorial Park's generalized or particularized operations and maintenance costs.
A. 
If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
B. 
This article shall supersede the provisions of any prior Borough ordinances solely to the extent that the provisions of such prior ordinances are specifically contrary to or inconsistent with the provisions herein. All other terms and provisions of such prior ordinances which are not specifically contrary to or inconsistent with the provisions herein shall remain in full force and effect.
C. 
The section headings set forth in this article are not intended to alter the meaning of the text of such sections; rather, such headings are intended for convenience only.