[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Pottsgrove as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Open Space and Recreation Board — See Ch. 38.
[Adopted 5-18-2015 by Ord. No. 480]
A.
This article shall be known as and may be cited as the "Upper Pottsgrove
Open Space and Recreation Rules and Regulations."
B.
OPEN SPACE
PARK
VEHICLE
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated:
Any open piece of Township-owned land that is undeveloped
(has no buildings or other substantial structures) and is accessible
to the public.
A tract of land acquired and/or designated by the Township
for public recreational use, including, but not limited to, playgrounds,
playing fields and open spaces left in their natural state.
Any of the devices listed below:
MOTOR VEHICLEAny device which is self-propelled and used for carrying one or more occupants, passengers or goods. For the purpose of this article, trailers and semitrailers that are used in conjunction with a motor vehicle shall also be included in this definition.
RECREATIONAL VEHICLE OR DEVICE, MOTORIZEDAny self-propelled vehicle used primarily for recreational purposes, including, but not limited to, go-carts, minibikes, motorcycles, snowmobiles or all-terrain vehicles (ATVs).
All Township parks and open space shall be operated and maintained
under the general supervision of the Board of Commissioners and the
Open Space and Recreation Board. The Open Space and Recreation Board
shall have the power to recommend to the Board of Commissioners rules
and regulations governing the use of parks and open space within the
Township, provided such rules and regulations are not contrary to
any statute or ordinance. It shall be the duty of the Upper Pottsgrove
Police Department to enforce the provisions of this article and all
rules and regulations adopted hereunder.
The following rules and regulations are set forth for the use
of the parks and open space in the Township of Upper Pottsgrove; Police,
Fire, EMS personnel and any other emergency responders, Public Works
employees, Township Commissioners and Open Space and Recreation Board
Commissioners are exempt from Subsections A, B and C when acting in
performance of their official duties.
A.
Hours of operation.
(1)
No person or persons shall be allowed in Township parks and open
space except between the hours of sunrise and sunset. Special permission
may be granted for activities/events occurring between sunset and
sunrise by permission of the Open Space and Recreation Board and the
Board of Commissioners.
B.
Activities involving vehicles in Township parks and open space.
(1)
No motor vehicle shall be operated or parked in any area of a Township
park or open space except in access driveways and designated parking
areas.
(2)
No person shall park any motor vehicles, attended or unattended,
within any Township park or open space between sunset and sunrise.
(3)
Use and operation of motorized recreational vehicles and devices
within a Township park or open space is prohibited.
(4)
The washing, painting, servicing, cleaning or repairing of any vehicle
shall not be permitted within any Township park or open space.
C.
Prohibited activities and possessions. All of the following activities
are prohibited within Township parks and open space:
(1)
Possessing, selling, distributing or consuming intoxicating beverages
or illegal or illicit substances.
(2)
Gambling or any obscene or indecent act.
(3)
Any criminal conduct as defined in the statutes of the Commonwealth
of Pennsylvania and ordinances of the Township of Upper Pottsgrove.
(4)
Using firearms or other weapons, including, but not limited to, handguns,
rifles, air rifles, spring guns, bow and arrows, slingshots, paintball
guns, BB guns or rifles, darts or any other missiles or projectiles,
unless a special permit has been acquired for Township-initiated animal
control activities. Hunting, shooting, paintball and trapping are
also prohibited.
(5)
Possessing or igniting any explosives or fireworks. (Fireworks shall
be defined by the National Fire Protection Association Standards.)
(6)
Damaging or causing the injury, digging, fouling or defacement of
any park or open space property whether real or personal.
(7)
Throwing, discharging or otherwise placing or causing to be placed
on the waters of any pond, lake or stream in any park or open space
or any tributary, storm sewer or drain flowing into a park or open
space any substance, matter or thing, liquid or solid, which is in
violation of any federal, state or local statute, rule, regulation
or ordinance.
(8)
Cutting, removing, injuring or destroying any vegetation.
(9)
Transporting and/or discarding trash, chemicals, pharmaceuticals,
garbage or any other matter, including, but not limited to, grass
clippings, brush, refuse, human contaminates, electronics and other
debris from private property to/on Township parks or open space for
the purposes of disposal. Trash receptacles in any park or open space
are to be used only for the immediate needs of individuals participating
in or observing authorized activities at the park or open space.
(10)
Outdoor burning, cooking fires, except in designated cooking grills or stoves provided by the Township or except as listed in Subsection D. Fires must be completely extinguished before leaving the site.
(11)
Distributing, posting, placing, or painting any advertising
materials, handbills, signs, notices, placards or other devices within
the park or open space without a valid permit. Only official Township
postings and advertisings or those first approved by the Township
may be placed or distributed in its parks or open space.
(12)
Building or erecting any structure whether temporary or permanent,
(i.e., tents, forts, treehouses, etc.).
(13)
Operating radio-controlled airplanes and drones.
(14)
Driving golf balls.
D.
Activities/uses prohibited unless permitted by the Township. The
following activities/uses are prohibited in parks and open space,
except when specifically permitted in writing by the Open Space and
Recreation Board and the Board of Commissioners upon application thereto:
(1)
Sound-amplification equipment.
(2)
Camping and/or bonfires.
(3)
Gardening.
(4)
Organized team and/or league sports.
(5)
Music, theatrical, or other entertainment.
(6)
Soliciting of any kind or engaging in commercial activities.
(7)
Activities/events which occur between the hours of sunset and sunrise.
E.
Animals.
(1)
Releasing or abandoning wild and/or domestic animals in a park or
open space is prohibited.
(2)
All animals are prohibited on sports fields whether or not on a leash
or other means of control.
(3)
No animal shall be brought into a park or open space unless it is
accompanied by and under reasonable control of a handler and firmly
secured by means of a collar and leash or other device so it cannot
stray beyond the control of the handler.
(4)
The handler of any animal shall immediately remove and dispose of
any feces deposited by the animal in a sanitary manner.
(5)
Feeding, annoying, striking, injuring, maiming or killing any animals
or birds, including the destruction of or interference with their
nests, resting or breeding places.
Any person requesting exception or exemption to or from any
of these rules may direct such request, in writing, to the Township
Manager, who shall refer such request to the Board of Commissioners
for any action, and such action shall be taken at a regular public
meeting of the Board of Commissioners. The Board of Commissioners
has total discretion in the approval or disapproval of any request
and may only grant an exception or exemption upon the showing of extraordinary
circumstances for the benefit of the Township residents which are
not contrary to the general health, safety and welfare of any person
or the community. The Board of Commissioners, when possible, will
seek recommendation from the Open Space and Recreation Board.
The Township Manager and his/her staff shall exercise general
supervision over persons occupying or using any park or open space
and over the care, maintenance and replacement of Township property
and equipment in the park or open space and shall keep such property
and equipment in a clean and sanitary condition. In addition, the
Upper Pottsgrove Township Police Department is authorized to enforce
the provisions of this article.
The violation of any of the above-mentioned rules is cause for
immediate eviction from the recreational facilities or open space
and/or formal legal prosecution. Any person who violates or permits
a violation of this article shall, upon conviction in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of summary offense and shall be punishable
by a fine of not more than $600 plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not to exceed 30 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
