[Ord. 873, 11/20/2006, § 1]
PARK
Unless specifically limited, shall be deemed to include all
parks, playgrounds, athletic fields, stadium, tennis courts, golf
course, swimming pools, beaches, band shells, music pavilions, recreational
areas and structures, museums, geological and botanical gardens, and
also entrances and approaches thereto, and all other land or property
or structures under the jurisdiction of the Centre Region Parks and
Recreation Board, now or hereafter owned, acquired or leased by the
Township of Ferguson for park or recreation purposes. Also included
are areas owned or leased on behalf of Ferguson Township for municipal
park and recreational purposes by Centre Regional Recreational Authority
(CRRA) and/or Centre Region Council of Governments (COG) upon designation
of such areas as a "municipal park" or "regional park" by the Board
of Supervisors by resolution.
PERMIT
Any written authorization issued by or under the authority
of the Director of Parks and Recreation or Ferguson Township permitting
specified park privilege.
[Amended by Ord. No. 1078, 8/16/2022]
PERSON
Any natural person, corporation, organization of persons,
company, association or partnership.
POLICE OFFICER
Any peace officer of the Township of Ferguson, or State of
Pennsylvania or any employee of the Department of Parks and Recreation
appointed as a special police officer for the purpose of the enforcement
of law and order within parks.
EXCRETA
All useless matter eliminated from the bodily system, as
sputum, urine, fecal matter.
INTOXICATION
A state of any person being drunk, inebriated or under the
influence of alcoholic beverages or spirituous liquors, taken internally
or under the influence of drugs.
RULES AND REGULATIONS
Any rules and regulations hereby or hereafter established
by ordinance of Ferguson Township.
[Amended by Ord. No. 1078, 8/16/2022]
[Ord. 873, 11/20/2006, § 2]
1. In the interpretation of the rules and regulations affecting parks,
their provisions shall be construed as follows:
A. Terms in Singular. Any term in the singular shall include the plural.
B. Terms in Masculine. Any term in the masculine shall include the feminine
and neuter.
C. Extension of Rules and Regulations. Any requirement or provision
of these rules and regulations relating to any act shall respectively
extend to and include the causing, procuring, aiding or abetting,
directly or indirectly, of such act; or the permitting or the allowing
of any minor in the custody of any person, doing any act prohibited
by any provisions thereof.
D. Acts not Unlawful. No provision hereof shall make unlawful any act
necessarily performed by any police officer or employee of the Department
of Parks and Recreation or by any person, his agents or employees,
in the proper and necessary execution of the terms of any agreement
with the Department of Parks and Recreation.
E. Permits. Any act otherwise prohibited by these rules and regulations,
provided it is not otherwise prohibited by law or local ordinance,
shall be lawful if performed under, by virtue of and strictly in compliance
with the provisions of a permit authorized by Ferguson Township or
the Director of the Centre Region Parks and Recreation Department.
[Amended by Ord. No. 1078, 8/16/2022]
F. State and Federal Laws. These rules and regulations are in addition
to and supplement all state and federal laws.
[Ord. 873, 11/20/2006, § 3; as amended by Ord.
952, 5/2/2011, § 1; and by Ord. 998, 1/19/2015, §§ 1,
2]
1. Disturbing the Peace. No person shall disturb the peace in any park
by any act.
2. Immorality and Indecency. No person shall do any obscene or indecent
act in any park, or display, expose or distribute any picture, banner
or other object suggestive of sex in a lewd, indecent, immoral way;
or enter a comfort station or toilet set apart for the use of the
opposite sex; nor shall any person loiter in any comfort station or
toilet at any time, nor shall any person dress or undress in any park
except in dressing rooms provided for such persons.
3. Unbecoming Language. No person shall use threatening, abusive, insulting,
profane or obscene language or words in any parks.
4. Soliciting Money. No person shall solicit money, subscriptions, or
contributions for any purpose in any park unless authorized by permit
from Ferguson Township or the Director of the Centre Region Parks
and Recreation Department.
[Amended by Ord. No. 1078, 8/16/2022]
5. Intoxication. No person shall enter a park in an intoxicated condition;
nor shall any person have in his possession or drink, or use in any
park any alcoholic beverage; nor shall any person have in his possession
or use in any park drugs of any kind.
6. Weapons, Projectiles, Etc. No person shall perform the following
actions within parks or playgrounds without having previously obtained
written consent and approval of the Director of the Centre Region
Parks and Recreation Department. Carry or discharge an air rifle or
air pistol, a paintball gun or paintball marker; fireworks (including
rockets) or other missile propelling instruments or explosives a slingshot
or a bow and arrow, or other dangerous weapons, excepting firearms,
which have such properties as to cause annoyance or injury to any
person or property; provided further that no person shall discharge
any firearm within parks or playgrounds. The foregoing exception relating
to firearms is intended to eliminate any prohibition relating to the
carrying or possessing of firearms. However, the discharge of firearms
in parks or playgrounds is prohibited other than for lawful personal
protection.
7. Throwing Missiles. No person shall, in any park, throw, cast, lay,
deposit or propel any missile except in the performance of an authorized
recreational activity.
8. Dangerous Conduct. No person shall interfere with, encumber, obstruct
or render dangerous any park or part thereof.
9. Excreta. No person shall emit, eject, or cause to be deposited in
any park, any excreta of the human body, except in proper receptacles
designated for such purposes.
10. Improper Admission. No person shall gain improper admission to, or
use of, or attempted admission to any park facility, for which a charge
is made, without paying the fixed charge or price of admission.
11. No use of snowmobiles, mini-bikes, motorcycles, or any vehicle recreational
or otherwise except on designated roads, trails, or areas set aside
for their use.
12. Disobeying Authorities and Signs. No person shall, in any park, disobey
a proper order of a police officer or any Park and Recreation employee
designated by the Director of the Centre Region Parks and Recreation
Department to give orders. Nor shall any person in any park disobey,
disregard or fail to comply with any rule or regulation, warning,
prohibition, instruction or direction, posted or displayed by sign,
notice, bulletin, card, poster, or when notified or informed as to
its existence by a park employee or other authorized person.
13. Hunting. It is unlawful to hunt for, capture or kill, or attempt
to capture or kill, or aid or assist in capturing or killing of, in
any manner, any wild bird or wild animal of any description, either
game or otherwise.
14. Camping. Day or overnight camping of any type is prohibited except
as authorized by the Director of the Centre Region Parks and Recreation
Department.
15. Remote-Controlled or Tethered Model Aircraft. Remote-controlled or
tethered model aircraft shall not be operated in any park without
a permit for the operation thereof issued by the Director of the Centre
Region Parks and Recreation Department.
[Ord. 873, 11/20/2006, § 4]
1. Defacing, Breaking, and Injuring Trees, Plants, Benches, etc. No
person shall cut, break, injure, deface, or disturb any tree, shrub,
plant, rock, building, cage, pen, monument, fence, bench, or other
structure, apparatus or property or pluck, pull up, cut, take or remove
any shrub, bush, plant or flower; or mark, or write upon any building,
monument, fence, bench or other structure, or injure, deface or remove
any property real or personal or any natural growth, structure, equipment,
animals, signs, or other park property.
2. Setting of Fires. No fires shall be set in any park except in areas
where fires are designated as permitted or except as authorized by
permit issued under the authority of the Director of the Centre Region
Parks and Recreation Department.
3. Discharging in Bodies of Water. No person shall throw, cast, lay,
drop or discharge into or leave in any body of water in any park,
or in any storm sewer, or drain flowing into said water, or in any
gutter, sewer or basin, any substance, matter or thing, whatsoever.
4. Animals in Parks. No person owning or being custodian or having control
of any animal, livestock or poultry, shall cause or permit same to
go at large in any park except for dogs in designated fenced off-leash
areas in accordance with posted rules and regulations. A dog or other
domesticated animal may be brought into park; provided, that such
animal is continuously restrained by a leash not exceeding six feet
in length, except that no dog or other such animal shall be permitted
in the immediate vicinity of bath houses, wading pools, and children's
play areas or in any area designated by signs as prohibited areas.
5. Horses. No person shall ride or lead a horse into or upon lawns or
other areas in any park. Horses may be permitted in designated fenced
pasture areas and established riding rings.
6. Waste Matter. No person or animal shall deposit, drop or leave any
papers, bottles, debris, or other waste matter or refuse of any kind
in any park or part thereof except in such receptacles as may be provided
for the purpose.
[Ord. 873, 11/20/2006, § 5]
1. Vehicles to be Operated at Reasonable Speed, Not to Exceed 15 Miles
per Hour. No person shall operate any motor vehicle on any roadway
in any park at any rate of speed greater than is reasonable having
regard to the width of the roadway, traffic, and use of such roadway,
intersection with other roadways, weather and other conditions; and
in no event shall any vehicle be operated on such highway at a speed
in excess of 15 miles per hour.
2. Repairs to Vehicles. No person shall in any park make repairs to
any vehicle except those of a minor nature, and then only in cases
of emergency.
3. Vehicle to be Operated on Roadways and Parked in Approved Areas.
No person shall operate any vehicle in any part of a park except on
roadways established for the operation of vehicles, nor shall any
person park any vehicle in any area except those specifically designated
for parking purposes unless permitted by Ferguson Township.
[Amended by Ord. No. 1078, 8/16/2022]
[Ord. 873, 11/20/2006, § 6]
1. Permits. A permit to do any act shall authorize the same only insofar
as it may be performed in strict accordance with the written terms
and conditions thereof. Any violation of any law, ordinance, or rule
or regulation by the holder or agents of the holder of any permit
shall constitute grounds for revocation, which action shall be final.
[Amended by Ord. No. 1078, 8/16/2022]
2. Public Events. No person shall conduct, operate, present or manage
in any park, a parade, drill, maneuver, public meeting, ceremony,
speech, address, public contest, exhibit, dramatic performance, spectacle,
play, motion picture, fair, circus, or show of any kind or nature,
band, choir, glee club, orchestra, without a permit.
3. Picnics. All organized picnics or outings shall be authorized by
permits obtained previous to entering any park.
4. Baseball and Softball Fields. All organized teams, leagues, agencies,
schools, churches and other groups must obtain a permit for these
facilities before announcing schedules.
5. Selling Concessions. No person shall in any park exhibit, sell, or
offer for sale, hire, lease or let out any object, service or merchandise
or anything whatsoever, whether corporal or incorporal, except under
a permit issued by the Centre Region Department of Parks and Recreation
or Ferguson Township.
[Amended by Ord. No. 1076, 3/15/2022; and by Ord. No. 1078, 8/16/2022]
6. Advertising. No person shall advertise in any park in any manner
whatsoever for any reason whatsoever, except by permit issued by the
Centre Region Department of Parks and Recreation.
7. Games in Designated Areas. No person shall throw, cast, catch, kick,
play with, or strike any gameball whatsoever or engage in any sport,
game, or competition except in places and during the time designated
therefore. Nor shall a person engage in or play a game or other sport
or contest of a nature different from the one for which the designated
area was created, except in such areas as are officially set aside
for diversified games.
[Ord. 873, 11/20/2006, § 7]
1. In order to provide for equitable use of park facilities, preserve
park areas, and facilities, and protect the safety of users of the
parks and their facilities, the Director of the Centre Region Parks
and Recreation Department shall have the following authority, the
enumeration of which shall not restrict the general authority and
control of the Director over parks:
A. To Fix Time. To fix times when the parks or parts thereof shall be
open to public use.
B. To Restrict Use. To designate parks and parts thereof as restricted
to the use of certain portions of the public at certain times as the
Director sees fit, not to adversely limit allowances as provided in
the Township' s Code of Ordinances or permitted by Ferguson Township.
[Amended by Ord. No. 1076, 3/15/2022; and by Ord. No. 1078, 8/16/2022]
C. To Issue Permits. Under uniform conditions to be prescribed by the
Director or Ferguson Township, to issue permits for regulated uses
as hereinbefore enumerated.
[Amended by Ord. No. 1076, 3/15/2022; and by Ord. No. 1078, 8/16/2022]
D. To Fix, Charge and Collect Fees. To fix, charge and collect such
fees and deposits for the use of park areas or facilities or privileges
as the Director deems it advisable to help defray the expense of the
parks and their facilities.
[Amended by Ord. No. 1076, 3/15/2022; and by Ord. No. 1078, 8/16/2022]
[Ord. 873, 11/20/2006, § 8]
1. Police officers of the Township or state, or Township or park employees
appointed as special park police, shall have the authority to enforce
these rules and regulations.
2. Any person, firm or corporation who shall violate any provision of
this Part shall, upon conviction thereof in a proceeding commenced
before a district justice pursuant to the Pennsylvania Rules of Criminal
Procedures, be sentenced to a fine of not less than $100 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues shall constitute a separate offense.
3. The Township may maintain a civil action, in addition to any prosecution under Subsection
2 hereof, to recover from any party responsible therefore damages for injury to park and recreation equipment and property.