[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 7-14-2014 by Ord. No. 516. Amendments noted where
applicable.]
Section 2203 of the Second Class Township Code[1] 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 by the Township for the use of the public.
It is the intent, purpose and scope of this chapter to ensure the
preservation of outdoor public parklands, outdoor recreation facilities
and outdoor playground areas within the Township of Tobyhanna for
the perpetual enjoyment of the residents of the Township of Tobyhanna,
to regulate activities within these areas consistent with the enjoyment
of natural settings and park facilities and to prevent any nuisances
to the residents of the Township of Tobyhanna in the use of such public
parks, recreation facilities and playground areas.
[1]
Editor's Note: See 53 P.S. § 67203.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Unless specifically limited, shall be deemed to include all
parks, recreational land, playgrounds, tennis courts, beaches, recreation
structures and facilities, including entrances and approaches thereto,
and all other land or property or structures now or hereafter owned
and/or acquired by Tobyhanna Township for park or recreational purposes.
Any natural person, corporation, organization of persons,
company association or partnership.
Any rules and regulations hereby or hereafter adopted and/or
promulgated by the Township of Tobyhanna.
Each person, firm or corporation using the public parks and
grounds shall clean up all debris and leave the premises in good order
and the facilities in a neat and sanitary condition. Each and every
failure to conform to the provisions of this section shall be considered
a separate violation of the provisions of this chapter.
A.
It shall be unlawful for any person, firm or corporation using such
parks, recreation or playground areas to either perform or permit
to be performed any of the following acts.
(1)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove any building, bridges, tables, benches, 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)
Remove, injure, deface, cut or destroy any tree, flower, shrub, plant
or growing thing or any rock or other mineral, except for routine
maintenance or if approved by the Township.
(3)
Kill, trap, hunt, pursue or in any manner disturb or cause to be
disturbed any wild bird or animal within any recreational land, park
and conservation sites owned by the Township, except as specifically
permitted by the Township.
(4)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake 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 may result in the pollution of said waters; or dump, deposit
or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish,
waste, garbage, refuse or trash anywhere within the park and playground
sites owned or operated by the Township, but rather make use of proper
receptacles where these are provided; where such receptacles are not
provided, all such materials shall be carried away from the park by
the person responsible for their presence and properly disposed of
elsewhere.
(5)
Disturb the peace by any conduct so as to annoy any other person
or use any threatening, profane or obscene language.
(6)
Endanger the safety of any person by any conduct or act.
(7)
Commit any assault or battery or engage in fighting.
(8)
The possession or use of any type of firearms is prohibited where
such possession or use is in violation of the Pennsylvania Uniform
Firearms Act, 18 Pa.C.S.A. 6101 et seq.
(9)
Violate any rule for the use of the park, recreation land or playground
areas made or approved by the Supervisors of Tobyhanna Township.
(10)
Fires may not be built or allowed anywhere in recreation, park or
playground areas without prior approval of the Township.
(11)
Swim, boat or ice skate, unless specifically designated for such
purpose. Swimming shall be permitted within the designated Township
pool during pool hours.
(12)
Land, take-off or operate drones, fly model airplanes or operate
motor scooters, motorcycles, minibikes, go-carts, snowmobiles, four-wheelers,
three-wheelers and motor vehicles (except licensed motor vehicles
on designated roadways or parking lots).
[Amended 6-5-2018 by Ord.
No. 543]
(13)
No person shall enter the park in an intoxicated state or otherwise
be under the influence of illegal drugs or be intoxicated while in
the park.
[Amended 5-8-2017 by Ord.
No. 531]
(14)
Use of tobacco products.
(15)
Disrobe or change clothing except in buildings or facilities made
available for that purpose.
(16)
Commit any disorderly or immoral acts.
(17)
Urinate and/or defecate in public.
B.
Animals may be permitted in the park or recreation area where posted
or designated by the Township, but no pet shall be allowed to run
at large. In those areas where posted, it shall be unlawful to permit
any dog to be in any such area unless such dog is secured on a leash
of not more than six feet in length. Owners of leashed or unleashed
animals, whether legally or illegally on any park, recreation or playground
area, shall be responsible for the immediate removal and disposal
of fecal matter deposited by that animal. Notwithstanding anything
to the contrary stated herein, the training and/or exhibition of animals
in designated areas shall be permitted only when specifically approved
in writing by the Township. Trained guide dogs and service animals
for the blind and/or other disabled individuals are expressly exempt
from all provisions of this chapter.
C.
Gambling is prohibited in Township parks, recreation, and playground
areas except for raffles and raffle auctions as defined in the Local
Option Small Games of Chance Act ("Act," 10 P.S. § 328.101
et seq.) conducted in conjunction with a Township-sponsored event
and by an operator licensed under the Act. Tobyhanna Township shall
not receive any revenue generated by operation of a raffle or raffle
auction at such an event.
[Amended 8-20-2019 by Ord. No. 551]
D.
No person, corporation or firm shall, in recreation, park or playground
areas:
(1)
Offer for sale any article or thing, nor station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing, except under the written authority of the Township
Manager or Board of Supervisors.
(2)
Announce, advertise or call the public's attention in any way
to any article or service for sale or hire, except under the written
authority of the Township Manager.
(3)
Post, paste, fasten, paint, write, draw, carve, tack or affix any
placard, bill, notice, sign, advertisement or any inscription whatever
upon any structure, tree, stone, fence, thing or enclosure within
any recreation, park or playground area or on any public lands or
highways or roads adjacent to any recreation, park or conservation
area, except that the Township may place informational signs within
such areas.
E.
It shall be unlawful to land a private or commercial airplane or
helicopter on recreation, park and playground lands, except in emergencies
or under the written authority of the Township Manager.
All laws pertaining to fishing in the Commonwealth shall apply
to fishing in parks and recreational areas, and the provisions thereof
are hereby incorporated by reference.
Township parks shall be open to the public during the hours
of sunrise to sunset, except as otherwise posted by the Township or
authorized by the Township Manager; and it shall be unlawful for any
person, firm or corporation, other than Township personnel conducting
Township business therein, to occupy or be present during any hours
during which the park is not open to the public. Any section or part
of the recreation, park or playground areas may be declared closed
to the public at any time and for any interval of time, either temporarily
or at regular or stated intervals. During such periods of time, it
shall be unlawful to enter upon or occupy such areas or portions thereof
contrary to posted regulations or the conditions of a permit issued
by the Township.
[Amended 8-20-2019 by Ord. No. 551]
It shall be unlawful for any person to have in his or her possession,
custody or control any alcoholic beverage of any kind whatsoever while
on Township park property except for Blanche D. Price Park, where
it shall be permitted.
The Township Manager and/or the Police Department serving Tobyhanna
Township shall designate or cause to be designated various areas of
the park, playground or recreation lands and facilities of the Township
for specific purposes as hereinabove mentioned and/or as otherwise
approved by the Township. The same shall be accomplished by appropriate
posting of signs in or about the areas designating the uses and areas
involved conspicuously so as to provide adequate notice to the public.
The Township Manager shall administer the provisions of this
chapter, including the establishment and collection of fees, preparation
of application forms, issuance and revocation of permits, promulgation
of rules and regulations to implement the provisions of this chapter
and all other decisions relative thereto. The Police Department serving
the Township and designated Township representatives shall be authorized
to enforce the provisions of this chapter. When acts or conduct of
individuals or groups is determined to be in violation of this chapter
or rules and regulations promulgated by the authority of this chapter
or not to be in the best interests of the recreation, park and playground
area, or when such acts are deemed to be disruptive to the surrounding
neighborhood, or when such acts or conduct affect other people or
private or public property, the Police Department or the Township
Manager, or his or her agent assigned to such area or program, shall
have the authority to cause such acts to be terminated, or to expel
the perpetrators of such acts from the area, or to call the Township
Police to arrest and detain such individual or individuals, or to
file a complaint for the violation of this chapter with a District
Justice.
A.
Any person violating any of the provisions of this chapter shall
be punishable, upon conviction thereof, by a fine of not less than
$60 nor more than $600 and costs of prosecution or by imprisonment
in the Monroe County prison for not more than 90 days, or by both
fine and imprisonment. In the event of the imposition of a fine only,
default in payment of such fine and costs of prosecution shall subject
the violator to imprisonment in the Monroe County prison for not more
than 90 days.
B.
Where such violator has removed, destroyed, damaged, defaced or befouled
the recreation, park or playground area or the contents thereof, the
cost of maintenance, repair or replacement shall be charged to such
person or group in addition to any fine. Further use of recreation
and park facilities may be denied to violators of this chapter in
addition to the imposition of fines or costs. The term "person violating"
as set forth in this section shall mean, in the case of action or
activity by any minor (herein defined as "an unmarried person under
the age of 18 years"), in addition to such person, the parent, parents
or guardian or any other person having lawful custody and control
who knowingly permits the violation of this chapter. Such parent,
guardian or person having lawful custody and control of such minor
shall be considered separately and individually in violation of this
chapter.
