[Adopted 7-19-1995 by Ord. No. 182; amended in its entirety 4-4-2017 by Ord. No. 315]
As used in this Part, the following terms shall have the meanings
indicated:
ATHLETIC FIELDS OR COURTS
Any space specifically designated or identified by the Board
or Township that is constructed or laid out for a particular sport
or game to be played (e.g., basketball, racquet sports, soccer, baseball,
etc.).
BOARD
The Upper Makefield Park and Recreation Board.
PARK
All recreational lands owned by Upper Makefield Township.
PERSONS
Individuals, groups or organizations using or requesting
use of the facilities in the park or parks.
TOWNSHIP
Upper Makefield Township, its officers, boards, and employees.
The following activities are expressly prohibited in all parks:
A. The use of snowmobiles and all-terrain vehicles (ATVs).
B. Hunting, trapping, the discharge of firearms, explosives (including
fireworks), air rifles, paintball guns, slingshots and archery equipment
without the prior written consent of the Township.
C. The building of fires except in designated areas.
D. Smoking and use of tobacco products within 150 feet of any active
recreation area.
E. Littering and dumping except in trash receptacles.
F. Damaging, defacing or otherwise harming any equipment, buildings,
signs, plants or animals in the parks.
G. Throwing rocks, stones or other missiles.
H. Use of golf clubs or other golf equipment.
I. Fighting, or the use of profane or obscene language or gestures.
J. Entering or leaving a park by vehicle except through the entrances
and exits provided.
K. Disturbing or interfering with park activities or with the property
of any person lawfully in the park.
L. The use and possession of illegal drugs and alcoholic beverages and
intoxicated persons.
M. Bringing horses or other livestock into a park without prior written
approval of the Township.
N. Posting any signs, notices or posters in the park without the prior
approval of the Township or the Board.
O. Disobeying or disregarding an order of a police officer or disobeying
or disregarding or failing to comply with any rule or regulation,
warning, or instruction posted by the Township.
Unless otherwise reserved as per the arrangements for priority
scheduling below, athletic fields or courts shall be assigned on a
first-come, first-served basis, with preference being given to Township
residents or groups. Persons or groups wishing to reserve athletic
fields or courts may do so by contacting the Township Manager or his
or her designee.
A. Priority scheduling. Any organization wishing to use the athletic
fields or courts or other areas in any park on a regular basis may
request priority scheduling, subject to the following rules and restrictions:
(1) The organization must request priority scheduling no less than 30
days prior to the start of their use in any particular calendar year.
(2) The organization must submit with its request a plan for substantially
contributing to the maintenance of the reserved athletic fields or
courts. The plan shall be subject to approval by the Park and Recreation
Board and the Township Manager or his or her designee.
(3) Priority scheduling arrangements shall be valid for not more than
12 months. Arrangements may be renewed at the discretion of the Park
and Recreation Board and the Township Manager or his or her designee.
Renewals shall be contingent on satisfactory proof of compliance with
permit requirements and park rules and regulations.
(4) The organization must submit proof of insurance of a type and amount
suitable to the Township Manager or his or her designee, naming Upper
Makefield Township as an additional insured.
(5) The organization shall indemnify and hold harmless Upper Makefield
Township and its officers, boards and committees against any damages,
claims, losses, suits, expenses, demands and actions by any parties
against Upper Makefield Township or its officers, boards, and committees
in connection with the activities of the organization in an Upper
Makefield Township park.
(6) The organization shall be responsible for picking up all litter on
its reserved athletic fields or courts and adjacent spectator areas
within two hours after a game or practice.
(7) The organization shall abide by all rules and regulations pertaining
to the parks and any other conditions deemed appropriate by the Township.
(8) Any organization failing to abide by the terms of its maintenance
agreement with the Township or these rules may have its priority scheduling
cancelled by the Township at any time.
B. Special events scheduling. Any group or organization or person may
request that an area or athletic field or court be set aside for a
special event, subject to the following conditions:
(1) The request must be made to the Township Manager or his or her designee
no less than 20 business days prior to the event.
(2) The organization, group or person shall indemnify and hold harmless
the Township and its officers, boards and committees against any damages,
claims, losses, suits, expenses, demands and actions by any parties
against the Township and its officers, boards, and committees in connection
with the activities of the organization in any park.
(3) The organization, group or person shall provide proof of liability
insurance for its activities, as deemed appropriate by the Township.
Proof of insurance shall be in the form of a certificate naming Upper
Makefield Township as an additional insured for the date or dates
of the special event.
(4) The organization shall abide by all rules and regulations pertaining
to the parks and any other conditions deemed appropriate by the Township.
(5) If a special event requires any additional Township services, the
sponsoring person or organization shall reimburse the Township for
the cost of said services.
(6) No special events will be scheduled that conflict with regularly
scheduled activities.
(7) If requests for special events conflict, the Township shall determine
which request will be honored based on the number of Township residents
who would benefit from the grant of the request. Prioritization shall
be at the discretion of the Township Manager or his or her designee.
Commercial activities in the park hall be limited to the sale
of refreshments during games, practices and other park-centered activities,
the sale of admission tickets to permitted special events and fund-raising
activities by nonprofit organizations conducting permitted special
events. These activities shall be subject to the following rules and
regulations, as well as all other laws, rules and regulations applicable
to the park and the activities in question.
A. Refreshment sales.
(1) Persons, groups or organizations wishing to sell refreshments and
food must obtain the permission of the Township Manager or his or
her designee and the Board.
(2) Permission will not be granted to sell any item which is not used
or consumed at the park on the same day as the sale. Refreshment sales
are intended in this section to be a service to park users and not
as retail outlets.
(3) Refreshment sellers will supply all merchandise and shall assume
all responsibility for the safety of the consumer. The refreshment
seller will indemnify and hold harmless the Township and its officers,
boards, and committees against any and all loss, damage, costs, expenses,
claims, and suits against the Township or its officers, boards, and
committees resulting from the activities of the seller in the parks.
(4) Refreshments sellers must provide the Township with a copy of a valid
Board of Health permit and shall display said permit in their selling
area.
(5) Refreshment sellers assume the responsibility for maintaining the
food storage, preparation and service area in a clean and acceptable
manner. Failure to do so shall be grounds for the Township immediately
withdrawing permission for refreshment sales.
B. Admission tickets and fund-raisers. Organizations and persons scheduling
special events and fund-raisers to which admission will be charged
must show, with their request for permission, proof of their nonprofit
or charitable status.
[Adopted 10-1-2013 by Ord. No. 303]
Any person or persons violating any provision of this Part shall
receive an initial warning. A second violation of any provision of
this Part shall result in the immediate ejection from the premises.
Any future violations of this Part or refusal to leave the area upon
request of Township officials shall result in the imposition of a
fine not less than $250 nor more than $400.