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.
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.
PERSON
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.
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.