[Ord. 675, 11/17/1986]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
PARK OR PARKS
Unless specifically limited, shall be deemed to include all
parks, playgrounds, recreation areas, tennis courts, beaches, recreation
structures and facilities, and also entrances and approaches thereto,
and all other land or property or structures now or hereafter owned
or acquired by the Borough of Emmaus for park or recreational purposes.
PERSON
Any natural person, corporation, organization of persons,
company, association or partnership.
RULES AND REGULATIONS
Any rules and regulations hereby or hereafter promulgated
by the Borough Council under the authority herein conferred.
[Ord. 675, 11/17/1986]
All parks shall be opened daily to the public at such hours
as the Borough Council may from time to time designate, but in no
event shall any person be permitted to be in attendance in any park
between 9:00 p.m. and sunrise, unless special permission be granted
by the Borough Council.
[Ord. 675, 11/17/1986; as amended by Ord. 1045, 10/6/2008;
and by Ord. 1081, 10/17/2011, § A]
No person in attendance at a park shall:
1. Injure, deface, remove, cut or damage any of the trees, plants, shrubs,
turf, buildings, structures, signs or fixtures, or any other property
of the Borough located within the park.
2. Litter any area of the park with garbage, paper, bottles, cans or
other waste material; nor dispose of the same in any way except in
receptacles designated for such purpose.
3. Kindle or maintain any fire in the park except in fireplaces or areas
specially designated for that purpose and located by authority of
the Borough Council.
4. Remove any bench, seat, table or other appliance without permission
of the Borough Council.
5. Injure, deface, destroy or remove any notice, rule or regulation
posted at any place within the park by authority of the Borough Council;
nor shall any notice or placard be posted within the park other than
by authority of said Borough Council.
6. Set up any booth, table or stand for the sale of any article or service
whatsoever within the limits of the park without permission of the
Borough Council; distribute, sell, service or rent any services or
commodity or solicit for any purpose without permission of the Borough
Council.
7. Operate, stop or park any vehicle, bicycle or other means of conveyance
except in areas where permitted or designated by proper authority
of the Borough Council, or operate the same in a reckless or negligent
manner or in excess of any posted speed limit or in such a manner
as to become a nuisance to other area users.
8. Operate commercial vehicles, unless providing authorized services.
9. Bring onto the premises, possess or consume any alcoholic beverage
or illegal drugs of any kind; no person shall enter the park in an
intoxicated state or otherwise be under the influence of alcohol or
illegal drugs. However, beer, except in bottles, is permitted and
is restricted to the picnic areas.
10. Discharge any firearms, slingshots, firecrackers, fireworks or other
missile propelling instruments or explosives or arrows, or other dangerous
weapons, which have such properties as to cause annoyance or injury
to any person or property, unless permission has been granted by the
Borough Council in designated areas; police officers in the performance
of their duties will be exempt from these provisions. However, an
individual will be permitted to use deadly force with a firearm or
weapon solely to protect oneself or a third person against death,
serious bodily injury, kidnapping, or sexual intercourse by force
or threat as provided by 18 Pa.C.S.A. § 505(b) and § 506(a).
11. Play ball, swim, golf, pitch horseshoes, engage in archery, camp
or launch, dock or land any boat, engage in finding buried objects
with special detectors, or participate in any other form of recreation,
sporting endeavor or pastime, except in those areas which may be designated
from time to time for that purpose by the Borough Council.
12. Disrobe or change clothing except in buildings or facilities made
available for that purpose.
13. Disturb the peace by any conduct so as to annoy any other person
using the park for recreational purposes.
14. Use threatening, abusive, insulting, profane or obscene language
or words.
15. Commit any disorderly or immoral acts.
16. Hold any public meeting or rally with more than five persons or engage
in any marching or driving as members of a military, political or
other organization without permission of the Borough Council, which
requires a statement of information, including the name of the organization,
its purpose, number of persons expected to be invited, expected duration
and name(s) of person(s) in charge.
17. Disobey a proper order of a police officer or disobey or disregard
or fail to comply with any rule or regulation, warning, prohibition,
instruction or direction given by an authorized person and posted
or displayed by sign, notice, bulletin, card, poster, or when notified
or informed as to its existence by the Borough Council or an authorized
person.
18. Hunt for, capture or kill, or attempt to capture or kill, or aid
or assist in the capturing or killing of, in any manner, any wild
bird or wild animal of any description, either game or otherwise.
[Amended by Ord. 1126, 5/4/2015]
19. Allow pets to walk with them or accompany them, except for service
animals, whose assistance is necessary and required by an individual
due to an ongoing physical handicap (i.e., seeing eye or guide assistance
dog, hearing ear dog, etc.).
[Ord. 675, 11/17/1986]
All laws pertaining to fishing in the Commonwealth shall apply
to fishing in parks and recreation areas, and provisions thereof are
hereby incorporated by reference.
[Ord. 675, 11/17/1986]
The Borough Council is authorized to establish additional rules
and regulations as deemed necessary.
[Ord. 675, 11/17/1986]
Recreation facilities which become hazardous for public use
due to weather, water, fire or unforeseeable conditions may be closed
only at the discretion of the Borough Council.
[Ord. 675, 11/17/1986]
The police officers of the Borough are charged with enforcement
of the provisions of this Part and of rules and regulations promulgated
by the Borough Council.
[Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $300, and/or to imprisonment for a term not to
exceed 90 days.
[Ord. 675, 11/17/1986; as added by Ord. 1061, 11/16/2009;
and by Ord. 1081, 10/17/2011, § B]
1. Definitions.
PARK
These regulations shall apply to Triangle Park, located within
the boundaries created by the south unit block of 4th Street, the
300 block of Main Street, and the portion of Chestnut Street between
Short Street and 4th Street.
PERSON
Any natural person, partnership, corporation, organization
of persons, company, association, or other legally recognizable entity.
PARK HOURS
The park shall be open to the public on a daily basis. The
Borough Council, by resolution, may establish times when the park
is closed on a regular basis. Absent a specific resolution limiting
the times and/or dates that the park is closed on a regular basis,
the park shall remain open at all times. Nothing in this section shall
prohibit the Borough Council from closing the park on a temporary
basis to accommodate any legitimate purpose.
2. Prohibited Conduct. No person in attendance at the park shall:
A. Operate a skateboard, rollerblades, roller skates, bicycle, or other
form of wheeled device used for transportation or recreation in any
area of the park, except for operating such a device onto the park
as a means of ingress and egress to an from the park. Operation of
devices such as wheelchairs, strollers, or other assistive devices
in the park is permitted.
B. Deface, damage, cut, vandalize, injure, or remove any of the trees,
plants, turf, structures, signs, fixtures, or any other property of
the Borough located in the park.
C. Swim, play, or bathe in the fountain, or introduce any foreign object
or liquid into the fountain.
D. Play any type of game or participate in any type of event that involves
the throwing, kicking, pitching, or projecting of any object.
E. Use threatening, abusive, insulting, profane, or obscene language
or gestures.
F. Commit any disorderly or immoral act.
G. Disturb the peace by any conduct so as to annoy any other person
using the park.
H. Remove any notice, sign, placard, rule, or regulation posted by the
Borough at any place in the park.
I. Litter any area of the park, or fail to use the refuse and/or recyclable
containers for the disposition of garbage and/or recyclables.
J. Set up any booth, table, or stand for the sale or display of any
article or service, or for the promotion of a cause or event without
the permission of the Emmaus Borough Council.
K. Possess or consume any alcoholic beverage or illegal drugs of any
kind; no person shall enter the park in an intoxicated state or otherwise
under the influence of alcohol or illegal drugs.
L. Kindle or maintain a fire of any sort.
M. Discharge any firearms, slingshots, firecrackers, fireworks, arrows,
or other missile propelling instruments or explosives, or any weapons
or implements with such properties as to cause annoyance or injury
to any person or property. Police officers in the performance of their
law enforcement duties are exempt from these provisions. However,
an individual will be permitted to use deadly force with a firearm
or weapon solely to protect oneself or a third person against death,
serious bodily injury, kidnapping, or sexual intercourse by force
or threat as provided by 18 Pa.C.S.A. § 505(b) and § 506(a).
N. Disobey any proper order of a police officer or disobey or disregard
or fail to comply with any rule or regulation, warning, prohibition,
instruction, or direction given by an authorized person and posted
or displayed by sign, or when notified or informed of its existence
by the Borough Council or an authorized person.
O. Bring any pet or pets onto the park.
3. Authorization to Promulgate Rules. The Borough is authorized to establish
additional rules and regulations as it deems necessary.
4. Authority to Close Areas. The park may be closed by Borough employees,
with or without notice, in the event of the development of any hazardous
condition. The Borough Council may temporarily close the park for
any legitimate purpose.
5. Enforcement. The Emmaus Police Department shall enforce this section
and the rules and regulations promulgated thereby.
6. Penalties. Any person violating any provision of this section shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300, and/or to imprisonment for a term not to exceed 90 days.
[Ord. 824, 1/2/1996, § 1]
Those lands conveyed to the Borough of Emmaus by a certain indenture
dated July 29, 1958, and recorded in the Lehigh County Recorder of
Deeds Office in Deed Book 925, page 529, shall be utilized by the
Borough for playground purposes.