[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 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.
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:
- PARK or PARKS
- 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.
- RULES AND REGULATIONS
- 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.
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.
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.
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.
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.
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.
Disturb the peace by any conduct so as to annoy any other person or use any threatening, profane or obscene language.
Endanger the safety of any person by any conduct or act.
Commit any assault or battery or engage in fighting.
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.
Violate any rule for the use of the park, recreation land or playground areas made or approved by the Supervisors of Tobyhanna Township.
Fires may not be built or allowed anywhere in recreation, park or playground areas without prior approval of the Township.
Swim, boat or ice skate, unless specifically designated for such purpose. Swimming shall be permitted within the designated Township pool during pool hours.
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]
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]
Use of tobacco products.
Disrobe or change clothing except in buildings or facilities made available for that purpose.
Commit any disorderly or immoral acts.
Urinate and/or defecate in public.
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.
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]
No person, corporation or firm shall, in recreation, park or playground areas:
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.
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.
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.
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.
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.
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.