[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon 6-20-2013 by Ord. No. 1354. Amendments noted where applicable.]
All park public open spaces and recreation areas shall be open
from 6:00 a.m. to dusk.
It is the purpose of this chapter which the Borough may, alter,
amend and supplement from time to time to establish rules and regulations
for operation, use and protection of the Borough's park(s) and
protect the health welfare and safety of the community utilizing same.
Such rules and regulations may include, but shall not be limited to,
regulations governing the time for the presence for persons therein,
the nature and extent of the permitted and prohibited uses thereof
and such other matters as the Borough of Yeadon may deem necessary
to ensure the health, welfare and safety of the community.
A.
Required. A permit shall be obtained from the Borough before participating
in any special use or activity in the park. A permit shall be obtained
for all groups using the park.
B.
Application. A person or organization seeking issuance of a permit
hereunder shall file an application with the Borough Secretary. The
application shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the person sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof of which such permit is desired.
(5)
An estimate of the anticipated attendance.
(6)
Any other information which the Borough shall find reasonably necessary
to a fair determination as to whether a permit should be issued hereunder.
C.
Standards for issuance.
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3)
That the proposed activity or use is not reasonable anticipated to
incite violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough.
(5)
That the area of the park desired has not been reserved for other
use at the day and hour required in the application.
D.
Appeal. Within five business five days after receipt of an application, the Borough Council shall apprise an applicant, in writing, of any denial of the application for a permit and state the reasons for such denial. Upon such denial, the applicant shall have the right of appeal the Borough's decision, in writing, within five business days to Borough Council, who shall consider the application under the standards set forth in Subsection C hereof. The decision of the Borough Council shall be final.
E.
Liability of permittee. The permittee shall be liable for the adherence
to all Borough ordinances and for the acts or omissions of his/her/its
invitees, guests, servants and agents while utilizing the park under
the relevant permit.
F.
Revocation. The Borough shall have the right to revoke any permit
upon a violation by permittee or his/her/its invitees, guests, servants
and agents of any rule or ordinance, or if the continued use of the
park endangers the health, welfare and/or safety of the community
or others utilizing the park.
G.
Security deposit. Application for groups larger than 30 shall be
required to provide security deposit of $150 with the application.
Upon a subsequent condition inspection, should the Department of Public
Works find any damage of any kind whatsoever to the park or any of
its fixtures, the Department shall, within five days following permittee's
use of the park, provide permittee with a list of the damages and
shall apply the security deposit to the repair or replacement of the
damage. If no damage is found, the security deposit will be returned
to the permittee.
A.
General disfiguration and removal of fixtures.
(1)
It shall be unlawful for any person while in a park to mark, deface,
disfigure, injure, tamper with, displace or remove, any tables; benches;
grills; railing; paving or paving materials; or other public utilities
or parts or appurtenances thereof; signs, notices or placards, whether
temporary or permanent; stakes; posts; or other boundary markers,
or other structures or equipment, park property or appurtenances whatsoever.
(2)
Trees, shrubbery, lawns. It shall be unlawful for any person while
in a park to damage, cut, carve, transplant or remove any tree or
plant or injure the bark, or pick the flowers or seeds of, any tree
or plant. Nor shall any person attach any rope, wire, or other contrivance
to any tree or plant. A person shall not dig in or otherwise disturb
grass areas, or in any other way injure or impair the natural beauty
or usefulness of any area.
B.
Climbing trees etc. It shall be unlawful for any person while in
the park to climb any tree or walk, stand or sit upon railings, fences
or any other property not designated or customarily used for such
purposes.
C.
Alcohol and drug use. It shall be unlawful for any person while in
the park to consume intoxicating liquor, use drugs or any other controlled
substance in the park. It shall be unlawful for any person while in
the park to enter or be in the park while under the influence of intoxicating
liquor, drugs or other illegal substances.
D.
Smoking. Smoking is prohibited in the park.
E.
Discarding refuse and trash. It shall be unlawful for any person
while in the park to bring or have brought in or dump, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage, refuse or other trash on park property. No
such refuse or trash shall be placed anywhere on the grounds thereof,
but shall be placed in the proper receptacles where these are provided;
where receptacles are not so provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its presence,
and properly disposed of elsewhere.
F.
Vehicle operation confined to roads. It shall be unlawful for any
person while in the park to drive any vehicle on any area except parking
areas or such other areas as may, on occupation, be specifically designated
as temporary parking areas by the Borough.
G.
Parking. It shall be unlawful for any person while in the park to
park a vehicle in other than an established or designated parking
area, and such use shall be in accordance with the posted directions
thereat and with the instruction of any attendant who may be present.
H.
Advertising generally. It shall be unlawful for any person while
in the park to announce, advertise or call the public attention in
any way to any article or service for sale or hire.
I.
Vending and peddling. It shall be unlawful for any person while in
the park to expose or offer for sale any article or thing, or to station
or place any stand, cart, or vehicle for the transportation, sale
or display of any such article or thing.
J.
Loitering, disorderly conduct. It shall be unlawful for any person while in the park to engage in loud, boisterous, threatening, abusive, insulting or indecent language; or to engage in any disorderly conduct or behavior tending to a breach or the public peace. When amplifying or sound systems are used, they shall comply with Chapter 200, Noise.
K.
Appropriate clothing. It shall be unlawful for any person while in
the park to appear at any place in other than proper clothing. "Properly
clothed' shall be construed to prohibit the wearing of trunks
or clothing that does not cover the upper portion of the body.
L.
Fireworks and explosives. It shall be unlawful for any person while
in the park to bring, or have in his possession, or set off, or otherwise
cause to explode or discharge or burn, any firecrackers, torpedo,
rocket, or other fireworks or explosives of inflammable materials,
or discharge them or throw them into any park area from land or a
highway adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with any substance
or compound would be dangerous from any of the foregoing standpoints,
except under the sponsorship of organized groups and with the permission
of Borough Council.
M.
Fires. It shall be unlawful for any person while in the park to build
or attempt to build a fire except in such area and under such regulation
as may be designated by the Borough. No person shall drop, throw,
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or other inflammables, within the park area or on any
highway, road or street abutting or contiguous thereto.
N.
Gambling. It shall be unlawful for any person while in the park to
gamble, or participate in or abet any game of chance.
O.
Posting signs. It shall be unlawful for any person while in the park
to paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, or to erect or cause to be erected any sign
whatever on any public lands or highways or roads adjacent to the
park without permission from the Borough.
P.
Picnic areas.
(1)
Use generally. It shall be unlawful for any person while in the park
to picnic or lunch in a place other than those areas specifically
designated for such purpose. The Borough shall have the authority
to regulate the activities in such means when necessary to prevent
congestion and to secure the maximum use for the comfort and convenience
of all. Visitors shall comply with any directions given to this end.
(2)
Availability. Use of the individual fireplaces, together with tables
and benches, is on a "first-come, first-served," basis, except in
those cases where prior reservations have been made with the Borough.
(3)
Nonexclusivity. It shall be unlawful for any person in a park to
use any portion of the picnic areas for the purpose of holding picnics
to the exclusion of other persons, or to use such area and facilities
for an unreasonable amount of time, except in those cases where prior
reservations have been made with the Borough.
(4)
Duty of picnicker. It shall be unlawful for any person while in the
park to leave a picnic area before all trash or other refuse is place
in the proper disposal receptacles where provided and any fire started
has been completely and property extinguished. If no such receptacles
are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of elsewhere.
Q.
Camping. It shall be unlawful for any person to camp or otherwise
remain overnight in the park.
R.
Games. To ensure the health, welfare and safety of all persons using
the park, it is unlawful for any person while in the park to take
part in or abet in the playing any games involving thrown or otherwise
propelled objects such as balls, stones, arrows, javelins or model
airplanes, in areas other than as specifically designated for such
forms of recreation. The playing or rough or comparatively dangerous
games such as football, baseball and the like are prohibited except
in the specifically designated fields and courts or other areas provided
therefore. Roller skating shall be confined to those areas specifically
designated for such.
S.
Closed areas. Any portion of the park or the park as a whole may
be declared closed to the public by the Borough at any time and for
any interval of time, as the Borough shall find reasonable and necessary.
T.
Use by cyclists.
(1)
Relative to the direction of travel, every person operating a cycle
on a path in the park shall ride as near to the right side of the
path as practicable, exercising due care when passing a pedestrian
or other cyclist.
(2)
Persons operating cycles upon a park path shall ride single file
when passing a pedestrian or other cyclist.
(3)
No person shall operate a cycle upon a path in the park at a speed
greater than reasonable and prudent under the present conditions.
(4)
Every person operating a cycle on a park path shall at all times
exercise the highest degree of care to avoid colliding with another
path user.
U.
Path use by pedestrians. Relative to the direction of travel, pedestrians
on a park path shall remain as near to the right side of the path
as practicable.
V.
Use by dogs.
(1)
No person responsible for a dog shall permit the dog to be in the
park unless the dog properly leashed and monitored by a competent
person. The dog shall be reined in to within four feet of the responsible
person whenever it approaches or is approached by another person.
(2)
No person responsible for a dog shall permit the dog to defecating
the park, unless immediately and properly disposed of by the person
responsible.
(3)
It is a specific defense to a charge of violating this section that
the dog involved is a certified working dog trained to assist disabled
individuals and that the person charged has a disability which prevents
the individual from removing the excrement and properly disposing
of it in a sanitary manner.
