[Ord. 1981-10, 9/9/1981, § 1]
PARK
A park, reservation, playground, recreation center or any
other area in the Township, owned or used by the Township, and devoted
to active or passive recreation or leisure activity.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
TOWNSHIP
The Township of Lower Swatara, Dauphin County, Pennsylvania.
VEHICLE
Any conveyance for human beings, whether motor powered, animal-drawn
or self-propelled. The term shall include any trailer in tow, of any
size, kind or description, but does not include baby carriages, hand
sleds or vehicles in the service of the Township.
[Ord. 1981-10, 9/9/1981, § 2; as amended by Ord. No. 608, 11/15/2023]
Park rules and regulations shall be recommended and approved
by resolution of the Board of Commissioners of Lower Swatara Township
from time to time, and shall apply to all public parks, play fields
and other recreational areas within the Township of Lower Swatara.
[Ord. 1981-10, 9/9/1981, § 3; as amended by Ord.
448, 11/15/2000]
1. Permits shall be obtained from the Township Manager for certain uses
made of the Township parks under the following circumstances:
A. No person shall engage in, participate in, aid, form or make any
public speeches, or conduct any musical program or festivals in which
25 or more persons are intended to, or may be anticipated to participate
or do participate, in any park unless a permit has been obtained from
the Township Officer and unless such permit is carried by the person
heading or leading such activity.
B. Use by any person of facilities, such as but not limited to athletic
fields and pavilion, if such is desired to be exclusive by such person,
shall require a permit.
(1)
Nonresident pavilion rental (large or small) shall be in an
amount as established from time to time by resolution of the Board
of Commissioners.
(2)
Resident pavilion rental (large or small) shall be in an amount
as established from time to time by resolution of the Board of Commissioners.
(3)
Any entity, organization, association, whether formally registered
or not, wishing to utilize the fields is required to have liability
insurance covering the activity for which the field is to be used,
provide proof thereof to the Township and execute a waiver of liability
and agree to hold the Township harmless as to all participants in
the event of any claim.
[Amended by Ord. No. 608, 11/15/2023]
(4)
Nonresidents of the Township or any organization using any park
facilities for profit making purposes will be permitted to use park
lights only upon approval of application to the Township and payment
of the required fee.
C. Any activity which is desired to be conducted as an exception to
a prohibited use or activity under this Part shall require a permit.
2. Application. A person seeking a permit hereunder shall file an application
with the Township officer. The application shall state:
A. The name and address of the applicant.
B. The name and address of the person and/or organization sponsoring
the activity.
C. The day and hours for which the permit is desired.
D. The park or portion thereof for which such permit is desired.
E. An estimate of the anticipated attendance.
F. Any other information which the Township shall find reasonably necessary
to a fair determination as to whether a permit should issue hereunder.
3. Standards for Issuance. The Township shall issue a permit hereunder
when it finds:
A. That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
B. That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
C. That the proposed activity or use is not specifically intended to
result in violence, crime or disorderly conduct.
D. That the proposed activity will not entail unusual, extraordinary
or burdensome expense to the Township.
E. That the facilities desired have not been reserved for other use
at the day and hour required in the application.
F. Proof of insurance when required.
4. Appeal. Within 60 days after receipt of an application, the Township
Office shall either grant the permit upon such reasonable conditions
as it deems appropriate, or shall apprise the applicant in writing
of its reasons for denial within 10 days to the Township Board of
Commissioners who shall consider the application and sustain or overrule
the decision of the Township Office. If the Board of Commissioners
fails to act upon such appeal at its next regularly scheduled meeting
after it is filed, it shall be deemed to have sustained the appeal
and the permit is issued.
[Amended by Ord. No. 592, 4/1/2020; and by Ord. No. 608, 11/15/2023]
5. Revocation. The Township shall have the authority to revoke a permit
upon finding a violation of any rule or ordinance or otherwise upon
cause shown.
6. Purpose. The purpose for requiring a permit is to enable groups to
preserve an area of the park for planned activities and to provide
the Township of Lower Swatara better means to safeguard the health,
safety and welfare of citizens who use the Township's parks, and this
Part shall be interpreted in accordance with this provision. A permit
will not be refused for any such purpose solely because of the nature
of the organization or individual requesting the same, and shall be
refused only when such use would unreasonably conflict with other
lawful use of the parkt area or such use is specifically intended
to result in violence or crime beyond the ability of normal public
safety forces to control.
7. Inspection of Permit. No person shall fail to produce and exhibit
any required permit from the Township for use at any park area or
for any specific activity in a park upon request of any authorized
person who shall desire to inspect the same for the purpose of enforcing
compliance with this Part.
[Ord. 1981-10, 9/9/1981; as amended at time of adoption of
Code (see Ch. AO)]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not less than
$300 nor more than $600 plus costs and, in default of payment of said
fine and costs, to imprisonment for a term not to exceed 30 days.