[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:
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.
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, 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; or
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.