[HISTORY: Adopted by the Borough Council of the Borough of
Wilson 9-12-2016 by Ord. No. 778. Amendments noted where applicable.]
This chapter shall be known and entitled as the "Borough of
Wilson Rules and Regulations for Borough Parks and Recreation Areas."
This chapter is enacted pursuant to the authority granted to
Boroughs pursuant to the Borough Code, 8 Pa.C.S.A. § 101,
et seq., as amended, and pursuant to such other police powers and
other powers which may be lawfully exercised by Boroughs.
This chapter is declared to be an exercise of the police power
of the Borough of Wilson and its provisions shall be liberally construed
for the preservation and protection of the natural environment, public
peace, health, safety and welfare. The Borough of Wilson finds as
follows and declares that this chapter is passed in response to the
following facts:
A.
Unlawful and inappropriate behavior in the parks and recreation areas
of the Borough diminishes these precious assets and deprives citizens
of the full use and enjoyment of the natural beauty, recreational
opportunities and peaceful repose that parks and recreation areas
are intended to preserve.
B.
In addition to more serious criminal acts that threaten personal
injury and property damage, a wide range of illegal disorderly behavior
can transform a park or recreation area into an unwelcoming, unattractive
and ultimately unsafe public space requiring increased expenditures
for public safety and maintenance.
C.
The laws intended to preserve and protect the parks and recreation
areas for the benefit of all are effective only if those who use the
parks and recreation areas obey the law. The current criminal and
civil penalties for violating the law are frequently inadequate alone
to deter illegal behavior, prevent its recurrence or provide for the
removal of the offender from the park or recreation areas.
D.
Compliance with the law, including the rules and regulations set
forth herein, will be enhanced by the immediate administrative sanction
of excluding from Borough parks and recreation areas those who violate
the law.
The following words and terms shall, for the purpose of this
chapter, have the meanings set forth herein:
The Borough of Wilson.
To remain overnight, to erect a tent or other shelter or
to use sleeping equipment, a vehicle or a trailer camper for the purpose
of or in such a way as will permit remaining overnight.
The Council of the Borough of Wilson.
The Public Works Department of the Borough of Wilson.
The Director of the Department as determined from time to
time by the Council and the authorized agents of the Director, who
may include, without limitation, the Chief of Police of the Borough
and his/her subordinate officers, animal control officers and duly
authorized Department or other Borough employees in the performance
of their official duties.
The Manager of the Borough of Wilson.
All lands, water, buildings and facilities now or hereinafter
comprising the parks and recreation system of the Borough, including
any and all parks and bodies of water contained therein or adjacent
thereto, playgrounds, athletic fields, sports courts, pavilions, picnic
facilities, trails, bike paths, walkways, drives, parkways, boulevards,
boat launch areas, waterfront areas, golf courses, museums, aquaria,
zoos, botanical gardens, greenbelts, parking lots, community centers
and other park, recreation and open space areas and buildings and
facilities.
The Parks and Recreation Committee of the Borough of Wilson.
Any program or activity conducted, sponsored or assisted
by the Department, whether or not it occurs in a park.
An act or omission or combination thereof that is contrary
to any park rule or any civil or criminal provision of the statutes,
laws, regulations, codes or ordinances, laws of the United States,
the Commonwealth of Pennsylvania, and/or the Borough proven by a preponderance
of the evidence or such other evidentiary standard or burden of proof
as may be imposed by applicable Law.
A.
Purpose. These regulations are established to govern the conduct
of members of the public in the parks and to protect Borough property.
B.
Interpretation. Whenever consistent with the context of this chapter,
words in the present, past or future tenses shall be construed to
be interchangeable with each other, words in the singular number shall
be construed to include the plural and words of gender shall apply
to all genders.
The Manager and the Director, under the direction and control
of the Manager, shall have the power to enforce the provisions of
this chapter and post appropriate signs in the parks regarding the
conduct proscribed by this chapter. The Manager and the Director,
under the direction and control of the Manager, and in conjunction
with the authority granted by the Council to the Parks and Recreation
Committee, may propose additional rules and regulations consistent
with this chapter for approval and adoption by resolution of the Council,
to manage and control the park and recreation areas of the Borough,
including rules that:
A.
Clarify, interpret or apply this chapter.
B.
Regulate the use of parks.
C.
Regulate conduct in parks.
D.
Designate restricted areas in parks.
E.
Regulate recreation programs.
F.
Establish times for opening and closing of any particular park or
park facility to public use and/or for entry or use by vehicles.
G.
Restrict and/or prohibit the use of any bicycle, skateboard, rollerskate,
coaster or other similar device in any park or part of a park. This
prohibition shall not apply to wheeled equipment by a person with
a disability, who uses such wheeled equipment in order to be ambulatory.
It is Borough policy that restrictions or prohibitions on the use
of recreational equipment on a surface that is paved or improved for
travel be imposed only to the extent appropriate to preserve the park
from damage and/or avoid impairing the use and enjoyment of the park
by others. Bicycles are permitted within the areas designated by the
Manager.
H.
Impose a speed limit on use of any or all park paths, trails and
walks, improved or unimproved. Such speed limit may apply to pedestrians
and/or those persons using rollerskates, skateboards, coasters, bicycles,
carts or any similar device or conveyance.
A.
Establishment of permit system. The Manager may establish a permit
system and require a permit for:
(1)
Reserving any room or part of a community center, play or athletic
field, pavilion, picnic facility or other defined area of a park for
a certain time or series of times and granting the exclusive use thereof
during the time reserved.
(2)
Posting any signs, posters or notices, placing or erecting any structure
or obstruction of any kind within a park, whether temporary or permanent,
engaging in any competitions involving a vehicle, boat or aircraft,
or launching or landing aircraft, rockets or other airborne conveyance
or cutting or removing any tree or plant material.
(3)
Making any improvement to or in a park or construction a public work.
(4)
Conducting a commercial activity, using any outdoor electrical power
outlet, laying cables or extending wires in or over a park or using
any park or facility during the hours it is closed to the public.
(5)
Making any use of a park or recreational facility for an event that
differs in kind from the use and enjoyment of the park or recreational
facilities by the general public of the premises.
B.
Permit exemptions. No permit is required of Borough employees acting
in the scope and course of their official duties. Exemptions may be
made for abutting owners, who maintain park boulevards, with respect
to the area maintained, for concessionaires as to the area under concession
and as to governmental officials acting under authority of law.
C.
Permit fees and refunds. Issuance of a permit shall be subject to
payment of such fees or charges as may be established, from time to
time, by ordinance or resolution of the Council. The Manager is authorized
to make refunds of fees upon timely cancellation of an event or activity
and to return all or any portion of any security deposit when no longer
needed or after costs that may be charged against the permit have
been paid.
D.
Permitted signs. A permit for an event may authorize the placing
of temporary signs, posters or notices reasonably related thereto.
All permits shall be wholly of a temporary nature, shall vest no permanent
right and may be revoked upon 10 days' notice or, if the permit
so states, upon shorter notice.
E.
Permit terms and conditions. The Manager may impose such terms and
conditions on the issuance of any permit as he or she deems appropriate
to protect the health, safety and welfare of the public and/or the
park, to avoid or limit unnecessary interference with other uses or
users of the park, to minimize disturbance of the surrounding neighborhood
and to require the user to leave the area under permit in a condition
after the activity or event as it was beforehand. For this purpose,
the Manager may require the user to furnish public liability and property
insurance, naming the Borough as an additional insured, in such amounts
as reasonably necessary to provide recompense for personal injury
or death or property damage to a member of the public as a result
of the event or activity, execute an indemnity and/or hold harmless
agreement and/or make a reasonable security deposit or provide a bond.
The terms and conditions of a permit (including providing insurance
and/or security deposit) shall not infringe upon rights of petition,
assembly or free expression protected by the First Amendment of the
United States Constitution and/or provisions of the Constitution of
the Commonwealth of Pennsylvania. If an applicant asserts that a term
or condition proposed by the Manager infringes upon a constitutional
right, the Manager shall have the burden of showing that the proposed
term or condition is a reasonable restriction on the time, place and
manner of exercising the right and is valid.
F.
No person under the age of 18 shall be issued a permit.
G.
The Manager shall take the following additional considerations into
account in considering permit requests to fairly determine as to whether
a permit should be issued hereunder and may require the requester
to complete a special event application to aid in its determination:
The following are violations of this chapter and subject the violator to park exclusion pursuant to § 132-9, and to the penalties set forth in § 132-11:
A.
The posting of signs, posters and notices, including the use, placement
or erection of any signboard, sign billboard, bulletin board, post,
pole or device of any kind for advertising or notification in any
park or to attach any notice, bill, poster, sign, wire, rod or cord
to any tree, shrub, railing, post or structure within any park, except
as may be expressly permitted by the Manager.
B.
The distribution of handbills, including the distribution of any
handbills, circulars or signs in any park in any manner that interferes
with or obstructs the normal passage of people in vehicles.
C.
Except for duly authorized Department or other Borough employees
in the performance of their official duties or other persons duly
authorized pursuant to law, the following regarding any "no trespassing"
areas; "authorized personnel only" areas; "no admittance" areas; "keep
off" areas; removal or destruction of property; structures or obstruction:
(1)
To enter or go upon any area which has been designated and posted
by or under the authority of the Manager as a "no admittance," "no
trespassing," "authorized personnel only" or "keep off" area for the
purpose of protecting such area or person or other property from potential
harm.
(2)
To fail or refuse to leave, upon the request of any Borough employee,
any area no posted as "no admittance" or "no trespassing" but which,
because of weather or emergency conditions, cannot be occupied or
used without a risk, in the opinion of the Director, of causing potential
harm to such area or persons or other property.
(3)
To remove, mutilate, deface, damage or destroy any public notice,
structure, lawn, monument, statue, vase, fountain, wall, fence, railing,
vehicle, bench, shrub, tree, geological formation, plant, flower,
lighting system, sprinkling system, gate, barricade or lock or other
property lawfully in any park or to remove rocks, sand, soil or sod
in any park.
(4)
To place or erect in any park a structure or obstruction of any kind
without a permit from the Manager.
D.
Animals shall be prohibited as follows:
(1)
Except as expressly allowed in Subsection D(2), for any person to allow or permit any animal in any park. This prohibition shall not apply to:
(2)
Horses and domestic pets are permitted within the areas designated
by the Manager under the following conditions:
(a)
Any person who takes a horse or domestic pet into such areas
must have physical control of the animal and be responsible and liable
for the conduct of the animal.
(b)
Domestic pets must be controlled by means of an adequate leash.
(c)
All domestic pets must be licensed and display valid license
tags and up-to-date rabies vaccination tags attached in accordance
with applicable law.
(d)
Any person with a domestic pet in his or her possession or under
his or her control in such areas shall carry equipment for removing
feces and shall remove feces from such areas and dispose of the same
in a lawful and sanitary manner.
(3)
The Manager is authorized to prohibit horses and domestic pets within the areas designated in Subsection D(2) on a temporary or permanent basis if in his or her opinion it is determined that such closure is necessary for the preservation and protection of the natural environment, public health or safety. Prior to closing such areas, the Manager shall consult with the Director and the Parks and Recreation Committee.
E.
Wildlife and plants.
(1)
Wildlife shall not be disturbed except for the duly authorized Department
or other Borough employees in the performance of their official duties
or other person duly authorized pursuant to law to enter or go upon
any areas or place in any park designated and posted by the Manager
or by appropriate state or federal agencies as a game refuge, sanctuary
or reserve (unless designated by the Manager for entry) or to injure,
molest or disturb any wildlife thereon, its nests or strike any wildlife
with any device or thing or throw or otherwise propel any missile
or other object at or in the vicinity of any such wildlife. No person
shall pursue, hunt, catch, attempt to catch, strike, molest, wound
or kill any bird, animal or reptiles. No person shall use vehicle
headlights or spotlights for the purpose of viewing any animal after
sunset when the park is not open to the public.
(2)
No person shall:
(a)
Cut, remove or destroy any tree, sapling, seedling, bush or
shrub, or break or remove any branch, foliage, tree or shrub, or pick,
gather, uproot, remove or destroy any flower, plant or grass, or chisel,
drill or remove any natural stone deposit except with the written
permission from the Manager.
(b)
Remove or cause to be removed or to dig any sod, earth, humus,
peat, boulder, rock, gravel or sand except with written permission
from the Manager.
(c)
Hitch, tie, fasten, nail, anchor, screw, or otherwise attach
any wire, cable, chain, rope, card, sign, poster, advertisement, notice,
announcement, handbill, board, or other articles or device to any
post, tree, shrub, rock outcropping or structure except in accordance
with a special event permit issued by the Manager.
F.
The use, possession, or discharge of any air pistol, air rifle, air
gun, bow and arrow, crossbows, slingshot or other device the purpose
of which is to propel an object away from the person using it, except
at places and times set aside by the Manager as safe for such activity
and posted by signs specifying the permitted activity.
G.
Firearms: The use, possession or discharge of a firearm in any park,
except for law enforcement officers in the performance of their official
duties.
H.
Fireworks: The use, possession or discharge of any fireworks in any
park, except at places and times permitted by the Council or Manager.
I.
The hitting or driving of golf balls, except at places and times
set aside by the Manager as safe for such activity and posted by signs
specifying the permitted activity.
J.
Urinating or defecating in any park, except in restroom facilities
specifically provided for that purpose.
K.
Soliciting, including the solicitation of contributions for any purpose,
including charitable, education or scientific purpose in any park.
L.
The sale of merchandise, including the sale or attempted sale of
any merchandise, liquid, edible or any other tangible or intangible
things, right, privilege or claim in any park without having an authorized
concession contract or use permit from the Manager.
M.
The use of sound-amplifying devices, including the use of any public
address system, loudspeaker or other sound-amplifying device in any
park, except as permitted by the Manager for specific events and times
or except as necessary for the preservation of public peace or safety.
N.
The use of drives, parkways, park boulevards, sidewalks, pathways,
and trails; speed limits and obstructions, including riding, propelling,
driving, or directing any vehicle over or through any park except
along and upon the park drives, in excess of 10 miles per hour where
no speed limit is posted or allowing or permitting any vehicle to
obstruct any park parkways and park boulevards or to do so at a speed
in excess of the posted speed limit, in any parkway, park boulevard,
sidewalk, pathway or trail.
O.
Entry upon areas closed to general vehicular access, including the
driving or operating a vehicle in any park or in any area therein
which is designated and posted as being closed to general vehicular
traffic access, except for the duly authorized Department or other
Borough employees in the performance of their official duties.
P.
Q.
Personal conduct, defined as follows. No person shall:
(1)
Engage in any loud, fighting, threatening, violent, tumultuous or
abusive behavior or other disorderly conduct tending to create a breach
of peace, or to disturb or annoy others, while in or on any property
within a park.
(2)
Use obscene language, or make an obscene gesture.
(3)
Create a hazardous or physically offensive condition by any act which
serves no legitimate purpose of the actor while in or on any property
within a park.
(4)
Engage in any form of sexual activity.
(5)
Appear in public in a manner that exposes his or her genitalia or
buttocks while in or on any property within a park.
(6)
Smoke cigarettes, cigars, pipes or other tobacco products within
an area of a park designated as "no smoking."
R.
The use of metal detectors.
S.
Testing vehicles, including the operating of a motor vehicle for
the purpose of testing it along or upon any park drive, parkway or
park boulevard.
T.
The operation or use of any minibike, snowmobile, go-cart or all-terrain
vehicle in any park.
U.
Except for duly authorized Department or other Borough employees
or emergency services personnel in the performance of their official
duties, no person shall act in contravention of the following regarding
the restrictions on uses of vehicles in a park, when the park is not
open to the public or otherwise:
(1)
To drive or ride in or on any vehicle in any park when the park is
not open to the public or when the park, roadway or parking lot is,
by order of the Manager, closed to entry or use by vehicles except
on a street serving as necessary access through such park to a residential
or commercial area.
(2)
To park or leave a vehicle unattended in any park during hours when
the park is not open to the public or when the park, roadway or parking
lot is, by order of the Manager, closed to entry or use by vehicles,
except pursuant to a permit from the Manager. Vehicles parked or left
unattended in violation of this section are hereby declared to be
a nuisance and may be impounded in accordance with the provisions
of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq., or similar law or laws providing for impoundment with or
without citation and without prior notice to the owner.
(3)
To park or leave a vehicle unattended in any areas designated as
"no parking," areas designated as being restricted to parking for
a particular purpose, or areas designated for loading and unloading.
(4)
The prohibitions contained in this subsection shall not apply to
a vehicle driven or parked, as the case may be, by a person participating
in an activity either conducted by the Department or conducted pursuant
to the terms of a permit from the Department.
V.
Engaging in competitions regarding any airborne or other craft without
obtaining a required permit in any park, including engaging in conducting
or holding any trials or competitions for speed, endurance, hill climbing
or similar competition involving any vehicle, boat or aircraft whether
or not such vehicle, boat or aircraft is designed for carrying persons
or to operate, launch or land any hangglider, helicopter, hot-air
balloon or other airborne conveyance, except pursuant to a permit
from the Manager and at specified places and times designated for
such activities by the Manager and upon his or her determination that:
(1)
Adequate provision has been made to ensure that the health and safety
of participants in and spectators of any such activity will not be
unduly endangered.
(2)
Such activities will be conducted in such a manner as to minimize
potential damage to public or private property.
(3)
Such activities will not constitute a public nuisance.
(4)
Such activities will not unduly interfere with the use of park facilities
by the general public.
W.
Acting in contravention of park operating hours, including the entering
or going upon, or a failing or refusing to leave any park when a park
is not open to the public. General park operating hours shall be between
sunrise and sunset.
X.
Camping, including the camping in any park except pursuant to a permit
from the Manager.
Y.
The consumption or possession of any alcoholic beverage in any park
except pursuant to a permit from the Manager and, as applicable, the
Pennsylvania Liquor Control Board. The Manager is authorized to issue
permits for the possession and consumption of beer and wine only,
for service in non-glass cups or similar containers, to organized
groups having a permit for the use of one or more pavilions.
Z.
Littering or dumping, including the throwing or depositing any refuse
or other material in any park, except in receptacles designated for
deposit of trash by the public, or to take garbage or refuse to a
park for disposal in the park or to deposit garbage or refuse generated
outside a park in a receptacle within the park designated for deposit
of trash by the public.
AA.
The igniting, maintaining or using of any fire or to participating
in igniting, maintaining or using any fire within any park except
in a grill or similar receptacle solely for cooking food or to ignite
or to participate in igniting any material or substance in any grill
or similar receptacle any material other than fuel for cooking food.
BB.
The use of athletic fields and sports courts, except in the following
manner:
(1)
To use any athletic field or sports court for any purpose not designed
or intended for such field or court except pursuant to a permit from
the Manager; provided, nevertheless, that athletic fields may be used
for any lawful purpose not otherwise prohibited or restricted herein
during such times and in such places that such use does not interfere
with the use of such field by others either:
(2)
It is the intention of this subsection to recognize that sports courts
have special surfaces that may be damaged by uses not intended for
such surfaces and that the open areas of athletic fields may be used
as general park and recreation areas but that such general nonathletic
uses shall be subordinate to the designed and intended athletic use
of such fields by persons wishing to occupy them for such use.
CC.
Entry upon areas reserved for others or scheduled for use by the
Department, including the failing or refusing to leave any areas which
have been:
(1)
Reserved by permit from the Manager for the use of others upon the
request of any Borough employee or any person to whom such permit
has been issued.
(2)
Scheduled for use by the Department when, in the opinion of the Director,
the exclusive use of such area by the Department is necessary to reduce
or prevent conflicting uses or activities of others which may substantially
interfere with such Department use, upon the request of any Borough
employee.
DD.
Use without required permit: The use of a park or conducting of any
activity or holding an event in any park for which a permit is required
by this chapter or any rules or regulations enacted pursuant hereto,
without first obtaining a permit from the Manager.
A.
The Director may, by causing the delivery of an exclusion notice
in person to the offender by any Borough employee, exclude for a period
not to exceed 72 hours from any park anyone who within a park:
B.
The offender need not be charged, tried or convicted of any violation
in order for an exclusion notice to be issued or effective. The exclusion
may be based upon observation by the Director, Department or other
Borough employees or upon the sort of civilian reports that would
ordinarily be relied upon by police officers in the determination
of probable cause.
A.
It is the policy of the Borough, in the exercise of its police powers
for the protection of the public health, safety and general welfare
and for the maintenance of peace and good government, to assure equal
opportunity for full enjoyment and use of park facilities to all persons,
free from restrictions because of race, color, sex, marital status,
sexual orientation, gender identity, political ideology or affiliation,
age, creed, religion, ancestry, national origin or disability as defined
by state or federal law.
B.
It is a violation of this chapter for any person occupying or using
any park or recreation facility for any event, activity or exhibition
open to the public, whether or not under a permit and whether or not
an admission or entrance fee is charged, to deny to any other person
the full use and enjoyment of such park and recreation facility because
of race, creed, color, sex, marital status, sexual orientation, gender
identity, political ideology or affiliation, age, religion, ancestry,
national origin or disability as defined by state or federal law.
In addition to other sanctions, any permit issued hereunder to any
person who is in violation of this section may be canceled and after
notice and hearing, the Manager may order that such person shall not
be eligible for any similar permit for access to, or use of, a park
and/or recreation facility for a period up to three years.
C.
Nothing in this section shall prohibit the exercise of constitutional
liberties or the use of a bona fide qualification or restriction that
does not infringe upon civil rights or civil liberties recognized
by federal or state law or Borough Ordinance.
The rules and regulations contained in this chapter may be enforced
by the Manager and authorized agents of the Manager, who may include,
without limitation, the Chief of Police of the Borough and his or
her subordinate officers, animal control officers and duly authorized
Department or other Borough employees in the performance of their
official duties.
A.
Any person who shall violate any provision of this chapter shall,
upon conviction therefor in a summary proceeding, be sentenced to
pay a fine or penalty to the Borough as follows:
B.
In default of payment of said fine or penalty, such person shall
be sentenced to a term of imprisonment not to exceed 90 days.
