[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-1980 by Ord. No. 1980-5 (Ch. XI, Part 2, of the 1996 Code of Ordinances)]
The following rules and regulations are hereby established for the purpose of supervision, regulation and maintenance of public parks, playgrounds and recreational areas which are now or may hereafter be established in the Borough of Montgomery.
The word "park" wherever used in this section shall mean any of the parks, playgrounds or recreational areas referred to in this article.
The park shall be open daily between the hours of 9:00 a.m. and 10:00 p.m. At 10:00 p.m. all activities in the park shall cease and all persons in the park shall leave as soon as possible thereafter. No person, other than authorized employees of the Borough of Montgomery, shall be in the park at any time between 10:00 p.m. and 9:00 a.m. on the following morning. Provided, however, the Borough Council shall have the power to close certain facilities at an earlier hour or to extend the time for closing certain facilities where it deems such action necessary for adequate use or regulations.
No person shall injure, deface, remove, cut or damage any of the trees, plants, shrubs, turf, buildings, structures or fixtures therein, or any other property of the Borough located within the park.
No person shall remove any bench, seat or table from the park or change the location thereof without permission from the designated park management.
No person shall use profane language within the park, or conduct himself in any lewd, immoral, or commonly objectional manner within the park, or conduct himself so as to annoy any other person using the park for recreational purposes.
No person shall hold any meeting or gathering assembled through advertisement or public notice, or any gathering otherwise assembled and composed of 25 or more persons within the limits of the park, without first having made application for a permit, and received approval of the same from the park management. The form of such permit and procedures relating thereto shall be designated by the Borough Council. The application for such permit shall be in the name of a person who shall be responsible for the conduct of the gathering.
No person shall set up any booth, table or stand, mobile or otherwise, for the sale of any article whatsoever, within the limits of the park, without expressed consent of the Borough Council, which shall have the authority to refuse such consent in any instance.
No person shall dispose of any waste or garbage in the park except in receptacles designated for the respective purposes. All persons using the park shall dispose of all waste and garbage left by them in such proper receptacles. It shall be unlawful to discard, deposit, place or cast any garbage or rubbish upon the ground or in any waters of the park. Deposits of domestic garbage on park grounds or in receptacles is prohibited.
No person shall swim or bathe in any of the streams, river or other waters of the park except those facilities especially created, designated and posted for swimming and bathing.
No person shall place or operate any boat or contrivance operated by means of a gasoline engine on any streams or river within the park areas.
No person shall set or maintain any fire in the park except in stoves and fireplaces maintained for the purposes and located by authority of the Borough Council. Provided that this regulation shall not apply to charcoal grills. Charcoal grills shall not be operated within any building or under any roof.
No person shall bring any malt or alcoholic liquor or beverage into the park either for his own use or the use of any other person.
No person shall operate any type of vehicle, including bicycles, within the bounds of the park except on roadways and parking areas.
No person shall park any motor vehicles within the bounds of the park except in areas designated for such parking.
No person shall permit any domesticated or undomesticated animal into the park area except on park roadways.
No person shall engage in any kind of gambling game whatsoever, at which money or other valuable thing or things may or shall be played for or staked or betted upon.
No person shall carry, possess, or discharge any type of firearms, air rifles, air pistols, slingshots, fireworks, bow and arrow or explosive into the park area.
No person shall wash or repair any vehicles in the park except in cases of emergency.
No persons or person shall use decorations of combustible materials inside park buildings.
[Amended 10-9-2018 by Ord. No. 2018-2]
No person shall smoke in any of the following locations:
Any Borough owned or leased building or facility, including parks and open space areas.
Within 300 feet of Borough-owned or- leased park, pavilion or open space areas.
Any enclosed area at which a public meeting is held by any public agency, during such time as a public meeting is in progress.
In any place where "No Smoking" signs are posted by order of any individual or agency authorized by law to do so.
For purposes of this section, the term "smoke" shall mean inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, liquid nicotine, or other such device or instrument which contains tobacco or other smoke-producing products, regardless of the means by which the smoke is created.
All games, athletic or sports activities, for which specific facilities or areas have been provided, shall be confined to such facilities or areas. Games, athletic or sports activities for which no specific facilities or areas have been provided, and which are not contrary to any other rules or laws, may be conducted or participated in within the park, provided, however, such conduct does not annoy, disturb, inconvenience or endanger any other person.
No person shall injure, deface or destroy any notice, rule or regulation posted at any place within the park by authority of the Borough Council or any other authority of the Borough, nor shall any person post, at any place within the park, any notice or placard other than by the authority of the Borough Council.
The speed limit for all vehicular traffic within the park is hereby established at 15 miles per hour. Traffic direction and vehicular parking shall be in accord with posted regulations.
Ice skating on any of the streams or river in the park area shall be at the risk of the skater.
Borough Council from time to time may, by resolution, establish such rules as it deems necessary to regulate admissions to the park grounds under its supervision. Along with such rules, the Council may establish such fees or charges for admission to the park grounds as it deems necessary.
Borough Council may establish and, from time to time, revise schedules of fees and charges it deems necessary to impose for the use of picnic facilities and such other equipment and facilities which now or may exist.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any person, partnership, firm or corporation who or which violates any provision of this article shall be guilty of an offense, and for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Provided: each day's violation of any provision of this article shall constitute a separate offense. Provided further: the fact that a violation has been penalized, after hearing, as herein provided shall not preclude the Borough or other injured party from taking proper legal action to recover damages resulting from that violation.
[Adopted 9-8-1987 by Ord. No. 1987-4 (Ch. XI, Part 3, of the 1996 Code of Ordinances)]
WHEREAS, the Borough is responsible for the health and safety of its residents and all persons entering the Borough to enjoy the recreational facilities offered by this Borough;
WHEREAS, the responsibility for control and supervision of the Montgomery Area Boat Ramp (located at the junction of the Susquehanna River and Route 54 within the limits of the Borough of Montgomery) has been placed with the Borough by the Commonwealth of Pennsylvania and the Pennsylvania Fish Commission;
WHEREAS, this Council has examined the area of the Montgomery Area Boat Ramp and has found same to be an area of the Susquehanna River dangerous for swimming.
The area of the Montgomery Area Boat Ramp and the surrounding area on either side for a distance of 50 yards of said boat ramp is hereby designated by this Borough as a no-swimming zone, and the Borough Manager and other employees of the Borough are hereby directed by this article to place signs, no more than 25 yards apart, along this area of the Susquehanna River which shall state: "DANGER; NO SWIMMING" in bond print and shall further state in smaller print: "CAUTION: The Council of the Borough of Montgomery has declared this area as unsafe for swimming and any person or persons found to be in violation of this mandate of Council shall be subject to pay a fine in the amount of $50."
[Amended 12-12-1995 by Ord. No. 1995-21]
Any person who violates any provision of this article by swimming in the area designated above as a no-swimming zone shall be guilty of an offense and, for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.