[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-2002 by Ord. No. 1276]
A. 
The following acts by any person within the confines of the California Avenue Park shall be and the same are hereby prohibited:
(1) 
Climbing trees; cutting, breaking, injuring, defacing or disturbing any tree, shrub, plant, rock, building, wall, monument, fence, bench or other structure, apparatus or property; plucking, pulling up, cutting, taking or removing any tree, shrub, plant or flower; gathering or taking any fruit or nut; cutting, writing or marking upon any building, monument, fence, bench, table or other structure, apparatus or property.
(2) 
Injuring, defacing or destroying any notice, rule or regulation posted for the government of the park.
(3) 
Cutting or removing any wood, turf, grass, soil, rock, sand or gravel.
(4) 
Making or kindling a fire for any purpose, except in places expressly provided therefor by the Borough Council.
(5) 
Making unreasonable noise or engaging in riotous, boisterous, threatening, immoral or indecent conduct.
(6) 
Using obscene language or making obscene gestures which serve no legitimate purpose of the actor.
(7) 
Selling or offering for sale any merchandise, article or thing whatsoever except as authorized by Borough Council.
(8) 
Throwing or depositing any bottle, tin can, broken glass, paper, clothes, rubbish or offal of any description except in receptacles provided for that purpose.
(9) 
Leading or permitting to run loose any animal or fowl of any kind.
(10) 
Riding or driving or propelling or causing to be propelled any vehicle, cycle or automobile elsewhere than on the trails, roads or drives provided for such purpose, and at no time shall such riding or driving be done on any foot path within the park limits.
(11) 
Riding or driving any vehicle or cycle of any kind at a speed exceeding 15 miles per hour.
(12) 
Carrying or discharging firearms or fireworks within the limits of the park except by permit.
(13) 
No person shall, for any purpose whatsoever, bring into any part of the premises presently or hereafter used as a part of the California Avenue Park any intoxicating liquor or malt beverage of any kind whatsoever.
B. 
Violations of this section or any part thereof, shall make the offender liable not only for the penalties hereinafter provided for, but shall subject such offender to permanent exclusion from the use of the facilities of the park or any part thereof.
No company, society or organization shall hold or conduct any picnic, celebration, parade, service or exercise without first obtaining a permit, and it shall be unlawful for any person to take part in any picnic, celebration, service or exercise held or conducted within the park contrary to the provisions hereof.
The park shall be closed each night between dusk and dawn the following morning, and loitering, lounging, or being present in the park at anytime within said hours shall be deemed a violation of this article. Special permits may be obtained to remain in the park until 12:00 p.m. midnight for valid reason given.
All permits provided for hereunder shall be issued through the Borough Manager, subject to approval of the Park Committee of Avalon Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Borough Development Committee is hereby authorized to make and enforce reasonable rules and regulations relative to conduct of those persons using the California Avenue Park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.