Township of Charlestown, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 148-2008, 7/7/2008, § 1; as amended by Ord. 2015-191, 7/6/2015; and by Ord. No. 2016-199, 5/2/2016]
1. 
The following rules and regulations shall govern the use of all Charlestown Township active recreation parks including, but not limited to, Charlestown Park, unless a user obtains a permit in writing from the Township for a specific activity.
A. 
Parks are open from dawn to dusk as documented by the National Weather Service and no person shall enter or remain in such parks before or after those times without a special permit from the Township.
B. 
Overnight parking is prohibited.
C. 
Only registered and licensed motor vehicles may access properly designated roadways and parking areas of the park.
D. 
Pedestrians shall have the right-of-way on all paths, walks and trails. All authorized nonpedestrian traffic shall have adult supervision and observe a speed limit of seven mph.
E. 
Pets must be kept on a leash six feet or shorter and under control of a responsible person at all times. No pets are allowed on any playgrounds, ball fields, volleyball or tennis courts at any time.
F. 
Pet owners are required to clean up after their pets and deposit any used pet waste bags in a trash receptacle.
G. 
Disorderly conduct, including the use of indecent language or excessive noise, is prohibited. Any noise shall be deemed excessive and in violation of this regulation if it disturbs the peace of any individual or impedes the peaceable use of the park or any adjacent residence or business.
H. 
Littering is prohibited, and all refuse shall be placed in trash receptacles or removed by the person(s) generating the refuse. Carry in, carry out of trash is required for major events or commercial entities.
I. 
Vandalism to park property and facilities, including defacing or damaging park property, disturbing wildlife and destroying/removing vegetation, is prohibited.
J. 
Barbecues, cookouts, grilling and open fires are prohibited except in Township-provided pavilion grills. An adult must be present and monitoring any open flames at all times and the fire must be completely extinguished before leaving the pavilion. Grills must be cleaned following use.
K. 
Alcoholic beverages are prohibited.
L. 
Glass containers are prohibited.
M. 
Removal or relocation of picnic benches outside of the pavilions or any other Township property is prohibited.
N. 
The use of nails, tacks, staples or adhesives which could deface the surfaces of any wall, column, pole or pavilion upright are strictly prohibited.
O. 
Remote-controlled aerial vehicles of any kind are prohibited.
P. 
The conduct of any fund-raising events and the imposition of any admission charges or fees are prohibited. All commercial vending for food, beverages, goods and services are prohibited except during and in support of events sponsored or sanctioned by Charlestown Township.
Q. 
Live music or DJ's must apply for a separate event permit.
R. 
No entertainment devices such as inflatable play equipment, petting zoos, pony rides, etc. are allowed without an event permit.
S. 
Playing fields are under contract and are maintained by private sports organizations. Use of ball fields and picnic pavilions by organized groups of 15 or more persons is prohibited without a reservation upon application to the Township in a form provided by the Township and payment of a reservation fee and security deposit in the amount set forth from time to time by resolution of the Board of Supervisors.
T. 
Hunting, capturing or killing, or attempting to capture or kill any wild bird or animal, either game or otherwise, is prohibited.
U. 
The shooting or discharge of any firearm, bow, slingshot, pellet gun, air rifle, explosive or firework is prohibited.
[Ord. 148-2008, 7/7/2008, § 2; as amended by Ord. 149-2008, 9/2/2008, § 1]
1. 
The following rules and regulations shall govern the use of all Charlestown Township public parks and open space lands currently in passive uses, including, but not limited to, the Brightside Farm and Ice Dam Ruins Open Space Property:
A. 
Township public lands are open from dawn to dusk, as documented by the National Weather Service, and no person shall enter or remain on such lands before or after those times.
B. 
Overnight parking is prohibited.
C. 
Camping is prohibited.
D. 
Barbecues, cookouts, grilling and open fires are prohibited.
E. 
Alcoholic beverages are prohibited.
F. 
Disorderly conduct, including the use of indecent language or excessive noise, is prohibited. Any noise shall be deemed excessive and in violation of this regulation if it disturbs the peace of any individual or impedes the peaceable use of the public lands or any adjacent residence or business.
G. 
Littering is prohibited, and all refuse shall be placed in trash receptacles (if provided) or removed by the person(s) generating the refuse.
H. 
Pets must be kept on a leash eight feet or shorter and under control of a responsible person at all times.
I. 
Pet owners are required to clean up after their pets and deposit any used pet waste bags in a trash receptacle (if provided) or removed by the owner of the pet generating the waste.
J. 
Pedestrians and pets are not permitted in any areas under cultivation including, but not limited to, hayfields.
K. 
Vandalism to Township-owned public lands and facilities, including defacing or damaging property, disturbing wildlife and destroying/removing vegetation is prohibited.
L. 
Hunting, capturing or killing, or attempting to capture or kill any wild bird or animal, either game or otherwise, is prohibited.
[Amended by Ord. 2015-191, 7/6/2015]
M. 
The shooting or discharge of any firearm, slingshot, pellet gun, air rifle, archery equipment or explosive in any passive public park or open space land is prohibited.
[Amended by Ord. 2015-191, 7/6/2015]
N. 
Motorized vehicles are allowed only in designated parking areas.
O. 
Use of public lands by organized groups of 15 or more persons is prohibited without a reservation upon application to the Township in a form provided by the Township and payment of a deposit in the amount set forth from time to time by resolution of the Board of Supervisors.
P. 
Only annual subscribers and their guests are permitted in the Community Garden area.
Q. 
The Brightside Farmhouse is a private residence. The house, surrounding yard, and farm buildings are not open to the public.
R. 
Fireworks are prohibited unless a permit is obtained from the Fire Marshal.
[Added by Ord. 2015-191, 7/6/2015]
[Ord. 148-2008, 7/7/2008, § 3]
The rules and regulations described above in § 16-101 shall be conspicuously posted in all Township active recreation parks; the rules and regulations described above in § 16-102 shall be conspicuously posted in all Township passive public open space (and/or recreation) lands. The posting required by this section shall be placed and maintained by the Township Code Enforcement Officer or his/her designee.
[Ord. 148-2008, 7/7/2008, § 4; as amended by Ord. 160-2010, 10/4/2010]
In accordance with the Second Class Township Code, 53 P.S. § 67203(b), any person who violates the rules and regulations adopted within this Part, as set forth above, commits a summary offense. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 172-2011, 4/4/2011, § 1]
1. 
Title. This Part shall be known and cited as the "Trail Use Ordinance for Charlestown Township." The purpose of this Part is to establish regulations for the use of all trails in Charlestown Township that are otherwise open to public use to protect the interests of landowners, establish a cooperative relationship between landowners, Charlestown Township and users of such trails, to ensure the vitality of the trails as a recreational resource and otherwise preserve and protect the health, safety and welfare of Charlestown Township and its residents.
2. 
Statement of Findings.
A. 
The Board of Supervisors ("Board") of Charlestown Township ("Township") hereby finds:
(1) 
Various trails, including but not limited to the Horseshoe Trail, presently exist in the Township.
(2) 
The number of trails presently accessible to the public in the Township are increasing through the generosity of landowners that permit access to such trails as well as trail corridors secured by easement.
(3) 
The Horseshoe Trial is a historically significant trail and the Horseshoe Trail and other trails in the Township provide a unique and significant recreational asset to the residents and guests of the Township.
(4) 
The Horseshoe Trial is now open to the public for recreational purposes but its use is subject to permission of landowners in most areas.
(5) 
Use of the Horseshoe Trail since 2006 has been governed by Township Ord. 138-2006 but that the use of other trails that are accessible to the public are not currently regulated in the Township.
(6) 
Like the Horseshoe Trial, all other trails in the Township are located in an area of increasing population and development, creating the potential for conflict between landowners and users that, absent regulation, may have a detrimental impact on these recreational assets, their quality, safety, enjoyment and access to same by the public.
3. 
Objectives.
A. 
To secure and promote the safe and continued use of trails in the Township as a recreational resource by establishing appropriate uses and declaring those uses that are prohibited, creating provisions for enforcement and thereby supporting landowners on whose land these trails presently and hereafter shall exist.
B. 
To provide guidance to recreational users of trails in the Township regarding permitted uses and prohibited activities.
C. 
To establish penalties for violating the regulations hereafter set forth in order to promote compliance with same.
4. 
Activities Covered. The use of "trails" as hereafter defined.
[Ord. 172-2011, 4/4/2011, § 2]
TRAIL
Those trails and trail corridors within the Township that are open to public use including:
A. 
Designated trail corridors that cross Township owned land.
B. 
Designated trail corridors on land made accessible to the public by agreement with the Township, including by revocable license from landowners.
C. 
Designated trail corridors created through the acquisition of conservation easements or access easements by the Township, Chester County and/or the Commonwealth of Pennsylvania.
D. 
Designated trail corridors created through the donation of conservation easements or access easements to the Township.
E. 
Such other additional trail corridors as may from time to time become accessible for recreational use in the Township and are designated by appropriate signage authorized by the Board of Supervisors.
USER OR USERS
Individuals engaged in lawful recreational pursuits on trails that are open for use by the public and does not mean a landowner or guests of such landowners on the landowner's property.
[Ord. 172-2011, 4/4/2011, § 3]
1. 
The following shall be prohibited on trails in the Township:
A. 
Violation of any applicable Township, county or state regulation including all provisions of the Pennsylvania Crimes Code.
B. 
Operating a motorized conveyance including, but not limited to, cars, trucks, sports utility vehicles, all-terrain vehicles, motorcycles or off-road motorcycles except as necessary for law enforcement, maintenance, or other authorized use.
C. 
Failure to remain on the marked trail may constitute trespass under § 3503 of the Pennsylvania Criminal Code, 18 Pa.C.S.A. § 3503, and nothing in this Part shall limit the rights of any private landowner over which any designated trail corridor passes to pursue police enforcement for any violation thereof.
D. 
Entering, using, or occupying any trail between 1/2 hour after sunset and 1/2 hour before sunrise except as designated by the Board.
E. 
Hunting or trapping.
F. 
Camping.
G. 
Possessing or consuming alcoholic beverages of any type.
H. 
Failure to maintain pets on leashes at all times.
I. 
Loitering or causing a noise disturbance as set forth in § 27-1617, Subsection 4B, of the Charlestown Township Zoning Ordinance.
J. 
Destroying or defacing any facility, building, structure, plant, reptile, animal, rock or mineral or any object of archaeological, geological, or historical interest including any poster, sign, or marker on the trail.
K. 
Removing or attempting to remove any plant, reptile, animal, rock or mineral or objects of archaeological or historical interest or any poster, sign, or marker.
L. 
Depositing or leaving any trash or litter upon any area of the trail or adjacent property.
M. 
Possessing or discharging fireworks or explosive devices.
N. 
Possessing any firearm, compound bow, crossbow or any other such device.
O. 
Collecting or removing firewood.
P. 
Failure to obey official signs placed on the trail.
Q. 
Smoking.
R. 
Fires for any reason.
S. 
Failure to comply with all posted signs.
T. 
Failure to comply with any restriction imposed by individual landowners, even where the use is otherwise deemed permissible herein.
[Ord. 172-2011, 4/4/2011, § 4]
1. 
Violation; Penalties. Any person who violates any provision of this Part shall be guilty of a summary offense punishable by imprisonment for not more than 90 days or fine not exceeding $300 or both and restitution for property damage as may be determined by the appropriate authority.
2. 
Enforcement. The provisions of this Part shall be enforceable by the Pennsylvania State Police and any other law enforcement agency authorized to enforce the law in the Township and any person designated by the Board of Supervisors.