[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.
V.
Active recreation parks are hereby designated as tobacco-free, and
the use of any tobacco product, including any product containing,
made, or derived from tobacco or nicotine intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including, but not limited
to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco,
or snuff; and any electronic device that delivers nicotine or other
substances to the person inhaling from the device, including, but
not limited to, an electronic cigarette, cigar, pipe, or hookah, shall
be prohibited.
[Added by Ord. No. 215-2021, 4/5/2021]
[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]
S.
Passive public park and open space lands are hereby designated as
tobacco-free, and the use of any tobacco product, including any product
containing, made, or derived from tobacco or nicotine intended for
human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means, including,
but not limited to, cigarettes, cigars, little cigars, chewing tobacco,
or pipe tobacco, or snuff; and any electronic device that delivers
nicotine or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, pipe,
or hookah, shall be prohibited.
[Added by Ord. No. 215-2021, 4/5/2021]
[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]
Those trails and trail corridors within the Township that
are open to public use including:
Designated trail corridors that cross Township owned land.
Designated trail corridors on land made accessible to the public
by agreement with the Township, including by revocable license from
landowners.
Designated trail corridors created through the acquisition of
conservation easements or access easements by the Township, Chester
County and/or the Commonwealth of Pennsylvania.
Designated trail corridors created through the donation of conservation
easements or access easements to the Township.
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.
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.
