[Ord. 675-2004, 2/4/2004, § 101; as amended by Ord. 757-2009, 7/1/2009]
For the purpose of this Part, the following words or phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates otherwise:
BOARD or BOARD OF COMMISSIONERS
The Board of Commissioners of East Pennsboro Township.
DOMESTICATED ANIMAL
Cats and dogs, including dogs utilized by visually impaired persons.
MANAGER
The Manager of East Pennsboro Township or his or her designee.
PARK, PLAYGROUND AND TOT LOTS
(1) 
Includes Acri Meadows Parks, Cumberland County Deed Book 22-3, Page 449; Adams-Ricci Park, Cumberland County Deed Book 29-T, Page 663; Deed Book 28-U, Page 616; Deed Book P033U, Page 189, and Deed Book 34-K, Page 637; Laurel Hills Park, Cumberland County Deed Book P032Y, Page 810; leased property at First and Miller Street, Summerdale and Adams Ricci Community Park — East; Midway Park, Cumberland County Deed Book 30-S, Page 17; Oyster Mill Park, Cumberland County Deed Book 22-R, page 226; Ridley Park, Cumberland County Deed Book 22-A, Page 108; Susquehanna Perry Park, Cumberland County Deed Book 27-K, Page 455; West Fairview Annex property Book F24, page 581; West Fairview Park, Cumberland County Deed Book N-12, Page 452; and West Fairview Point/Access, Cumberland County Deed Book G-6, Page 600; including the entrances and exits thereto, as well as all improvements located thereon.
(2) 
Any land or water, whether owned or leased by the Township, which is designated by the Board to be for recreational use and under the control of the Board of which may properly come under the control of the Board, including the entrances and exists thereto, as well as all improvements located thereon.
PERSON
Any individual, partnership, company, association, trust, corporation or any other entity.
TOWNSHIP
East Pennsboro Township, Cumberland County, Pennsylvania.
[Ord. 675-2004, 2/4/2004, § 102]
The facilities of the parks, playgrounds, and tot lots, hereinafter called "facilities," are intended primarily for the use of residents of East Pennsboro Township for leisure, sport, recreational, educational and other permitted activities. All persons who use the facilities shall be subject to the rules and regulations as set forth in this Part and any supplements and amendments thereto.
[Ord. 675-2004, 2/4/2004, § 103]
The Board of Commissioners may prescribe rules and regulations for the use of the facilities including, but not limited to, procedures for the filing and approval of applications, use of the facilities or structures within the facilities. The Board may prescribe by resolution charges for the use of said facilities. The Recreation Advisory Board shall make recommendations with respect to such rules and regulations.
[Ord. 675-2004, 2/4/2004, § 104]
1. 
Hours of Operation.
A. 
Between April 1 and October 30 the park facilities shall be open to the public between the hours of 6:00 a.m. and 11:00 p.m. All other days between November 1 and March 31 the park facilities shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m.
B. 
The Township park facility known as the Point/Access in the Village of West Fairview, shall be open 24 hours a day for the purpose of ingress and egress to the waterways of the commonwealth being Susquehanna River and the Conodoguinet Creek for fishing and boating purposes as defined by the rules and regulations of the Pennsylvania Fish and Boat Commission. All other unrelated park activities, at the Point/Access, shall be regulated as set forth in Subsection 1, Hours of Operation.
C. 
No admittance 1/2 hour after sundown to the Imagination Station Playground at Adams-Ricci Park.
2. 
Group Activity. Whenever any group, association or organization desires to use a facility a representative thereof shall first obtain authorization from the Manager. Authorization shall be granted to such a group if it appears that its use will not interfere with the general use of the said facilities by individual members of the public.
3. 
Use of Facilities. Facilities shall be used only for the purpose designated or implicit in their character. Swimming or wading in streams or bodies of water, if not posted, is at the user's own risk. No responsibility whatsoever other than that imposed by law is assumed by the Township with respect to any activity or use of facilities. Special activities, games, picnics, pavilion use shall be permitted only at locations or trails specifically designated by the Manager for such use at times established.
[Ord. 675-2004, 2/4/2004, § 105; as amended by Ord. 757-2009, 7/1/2009]
1. 
Licensed motor vehicles, motorcycles, ATVs, motor-driven cycles and motorized pedalcycles (herein referred to as "vehicles") as defined in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and any vehicle used for the conveyance of human beings, whether motor-powered, animal-drawn, or self-propelled, shall be permitted only on designated roadways within the facilities. Such does not apply to baby carriages, hand sleds or vehicles in the service of the Township.
2. 
No person shall drive any vehicle in a manner as to constitute a careless disregard for the safety of persons or property.
3. 
The maximum lawful speed for vehicles driving within the facilities shall not be in excess of 10 miles per hour.
4. 
No person shall operate and use any mini-bike, snowmobile, ATV, motor scooter, motorized skateboards, or any unlicensed motorized vehicle within the facilities.
5. 
All vehicles shall be parked in areas or places so provided and/or designated. Parking in areas or places contrary to posted regulations and times is strictly prohibited. Parking in such areas where by the implicit use of the facility is designated otherwise is strictly prohibited. Vehicles parked in violation of this subsection may be towed at the owners expense.
6. 
Parking of any vehicle in any facility is permitted only during such times as indicated in § 16-104 of this Part. Parking of vehicles contrary to § 16-104 may result in the vehicle being towed at the owner's expense.
7. 
Penalty.
A. 
Any person violating Subsections 1, 2, 3 and 4 relating to this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
B. 
Any person violating Subsections 5 and 6 relating to this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 106; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to possess, consume, or intentionally transport any liquor, malt, brewed, or other alcoholic beverages within any Township park facility. Such shall apply to any alcoholic beverage contained in any open or sealed container. Persons under the influence of intoxicating beverages shall not be permitted in the parks.
2. 
Penalty. Any person violating this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense. Minors, as defined by Pennsylvania Liquor Laws, shall be prosecuted under appropriate crimes code section.
[Ord. 675-2004, 2/4/2004, § 107; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to enter upon any Township Park facility before the opening hours or remain in such facility after closing. Such opening and closing times having been defined by § 16-104 of this Part.
2. 
It shall be unlawful for any person, knowing that he/she is not licensed or privileged to do so, to enter upon any Township Park facility after having been duly notified, either verbally or in writing, that he/she is not permitted to enter upon such facility at any time.
3. 
Penalty. Any person violating this section, upon conviction, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense. It is not a violation of this section for persons to enter upon such facilities at any time while acting within the scope of their official duty or job function.
[Ord. 675-2004, 2/4/2004, § 108; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to permit any domestic or nondomestic animal to run at large on any Township park facility. All such animals must be controlled by a leash being not more than six feet in length with the exception of seeing eye dogs for the visually handicapped.
2. 
It shall be unlawful for any person to have at any Township park facility any animal that is dangerous or creates a public nuisance or alarm.
3. 
It shall be unlawful for any animal owner to fail to exercise proper care and control of an animal to prevent such animal from becoming a nuisance. Such to include, but not limited to, any animal which:
A. 
Molests persons or vehicles.
B. 
Attacks other animals.
C. 
Is running at large.
D. 
Damages public property.
E. 
Barks, whines or howls in an excessive, continuous or untimely fashion.
4. 
It shall be unlawful for the owner, or person in control thereof, of any animal to fail in the removal of any excrement from such animal while within any Township park facility.
5. 
It shall be unlawful for any person to disturb, molest, or cause danger to wild animals that inhabit the facility.
6. 
Penalty. Any person violating the provisions of this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 109; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to throw, or deposit, upon any property within a Township park facility, any trash, waste paper, sweepings, ashes, household waste, glass, metal, refuse, or rubbish or any dangerous or detrimental substance, unless refuse/trash is deposited within receptacles where such are provided. All such refuse/trash shall be carried away from the park facility by the person responsible for its presence.
2. 
It shall be unlawful to commit any of the above acts in the waters of any fountain, pond, lake, stream, storm sewer or drain flowing into such water, tributary, creek or river.
3. 
It shall be unlawful for any person to use trash/rubbish receptacles located within any Township park facility for the disposal of any waste other than such waste as might be generated from any activity having taken place on Township park property.
4. 
Penalty. Any person violating this section shall be guilty of a summary offense and, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 110; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to use any threatening, abusive, or obscene language or words, or to make threats of violence to or against any other person or group of persons.
2. 
Disorderly, riotous or noisy conduct which intentionally or knowingly disturbs the public peace and tranquility is prohibited.
3. 
Penalty. Any person violating any of the provisions of this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense. Nothing in this section should be construed to limit a law enforcement officer in the use of any provision of the Pennsylvania Crimes Code relating to acts of disorderly conduct, 18 Pa.C.S.A. § 5503. Such to be especially true when the possibility exists that the offense grading may be escalated to a misdemeanor of the third degree.
[Ord. 675-2004, 2/4/2004, § 111; as amended by Ord. 757-2009, 7/1/2009; and by Ord. 777-2013, 1/2/2013]
1. 
It shall be unlawful for any person to do any of the acts hereinafter described within the limits of any Township park or public property:
A. 
To discharge any firearm, as that term is defined by § 6120(b) of the Pennsylvania Uniform Firearms Act,[1] except for law enforcement authorities in the performance of their duty or the justifiable use of force as authorized by Chapter 5 of the Pennsylvania Crimes Code;[2] or
[1]
Editor's Note: See 18 Pa.C.S.A. § 6120(b).
[2]
Editor's Note: See 18 Pa.C.S.A. § 501 et seq.
B. 
To use or possess any bow and arrow, slingshot, air rifle, BB gun, air pistol, rocket(s), explosive and paint gun, or any other device (other than firearms as defined above) capable of throwing any projectile of any sort, including the hand throwing of rocks or stones intended to be used as weapons; or
C. 
To kill, hunt, trap or pursue or in any manner deliberately disturb any wildlife in the facility.
2. 
Penalty. Persons violating any provisions of this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 112; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to intentionally, knowingly or recklessly injure, deface, disturb, befoul or in any other manner attempt or cause to be destroyed, any part of any facility, building, sign, structure, recreation equipment, utility or other property within the confines of any Township park facility. Such to include the intentional removal, injury or destruction of any tree, flower, shrub, plant or other growing thing, or any rock or other mineral.
2. 
Penalty. Any person violating the provisions of this section; providing the pecuniary loss does not exceed $100, and, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense. In cases where the pecuniary loss exceeds $100, then the defendant shall be charged under the appropriate Pennsylvania Crimes Code Section, 18 Pa.C.S.A. § 101 et seq., and suffer the penalties imposed by such.
[Ord. 675-2004, 2/4/2004, § 113; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful to play baseball, tennis, soccer, football, or any other sport, game or competition, at or on a place not designated for that purposes after having been fully advised to cease such activity.
2. 
It shall be unlawful to use skateboards, roller skates, roller blades, scooters, inline skates, or to play street hockey on any tennis court, basketball court, concession stand area, picnic pavilions, picnic tables, Imagination Station, Memory Garden, stage, benches or cement parking stops.
3. 
Penalty. Any person violating the provisions of this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 114; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to commit any of the following prohibited acts contained in this section:
A. 
Take part in or abet the playing of games involving thrown or otherwise propelled objects, which at the time conducted could constitute a potential hazard or danger to others in the park.
B. 
To conduct any solicitation for any commercial enterprise, or to post any commercial or political sign, banner or advertisement on Township park facility property except for Township approved event.
C. 
To camp or sleep on the ground or elsewhere except in such places and at such times as may be designated.
D. 
To build or attempt to build a fire within the area of any Township park facility except within an apparatus specifically designed for purposes of cooking, such as stoves, grills, etc. No person shall scatter hot coals, lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within the area of the park or playground or on any highway, road or street abutting or contiguous thereto.
E. 
To post, paste, fasten, paint, write, draw, carve, tack, nail or otherwise affix any placard, notice, sign or advertisement on any structure, tree, stone, or anywhere within the park, except that the Township reserves the right to post such informational signs as deemed necessary.
F. 
No person shall offer for sale any article or thing, nor station or place any stand, booth, cart or vehicle for the transportation, sale or display of any such articles or item without authorization, in writing, from the Township. Additionally, no person may announce, advertise or call to public attention in any way to any article or service for sale or hire.
G. 
Smoking is prohibited at all times within Imagination Station Playground at Adams-Ricci Community Park.
H. 
No person is permitted to strike golf balls within any Township park facility.
2. 
Penalty. Any person violating any of the provisions of this section, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 115; as amended by Ord. 757-2009, 7/1/2009]
1. 
It shall be unlawful for any person to intentionally or knowingly interfere or attempt to obstruct any Township official or employee in the performance of his or her duty or to refuse to obey the instructions, directions, or commands of any Township official or employee in the performance of his or her duties.
2. 
Penalty. Any person violating this provision, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 675-2004, 2/4/2004, § 116]
1. 
Any person found to be in violation of any of the provisions of this Part regardless and independent of prosecution, may be expelled immediately from any or all Township park facilities. Such expulsion may be for an indefinite time period.
2. 
Nothing contained herein is designated to restrict the discretion of Police Officers to enforce other laws of the Commonwealth of Pennsylvania to include, Crimes Code, 18 Pa.C.S.A. § 101 et seq., and Vehicle Code, 75 Pa.C.S.A. § 101 et seq., in lieu of this Part.
3. 
Any person found to be in violation of any of the provisions of this Part shall be responsible for all repair and replacement costs, which may be incurred by the Township.