[Ord. 188-2017, 9/13/2017]
As used in this Part, the following terms shall have the meanings
indicated:
Written authorization signed by the Township Manager or his/her
designee that can be produced upon request or a sign posted by a Township
representative.
The Township Parks and Recreation Board established by the
Board of Supervisors of Honey Brook Township, Chester County, Pennsylvania.
The Township Manager appointed by the Board of Supervisors
of Honey Brook Township, Chester County, Pennsylvania or his/her designee.
Unless specifically limited, includes all parks, playgrounds,
recreation, trails and open space areas, all other land, property,
structures or facilities, including adjacent water areas, open to
the public and under jurisdiction of the Township.
Any natural person, corporation, organization of persons,
league, company, association or partnership.
Any officer of any police department having jurisdiction
in the Township, including the Pennsylvania State Police.
Honey Brook Township, Chester County, Pennsylvania.
[Ord. 188-2017, 9/13/2017]
1.
Parks shall be open daily to all persons during the hours of 7:00
a.m. prevailing time until dusk except as otherwise authorized. There
shall be no trespassing on park property during hours the park is
closed.
2.
Parks or any portion thereof may be closed to all persons at any
time by the Manager. Closing may be for any period of time.
3.
No person other than authorized Township personnel performing their
official duty shall enter or occupy a park or park area that is posted
as "closed," "no trespassing" or "limited to authorized personnel
only" unless specifically authorized.
[Ord. 188-2017, 9/13/2017]
Parks shall be used only for the purposes designated or implicit
in their character. When permitted, skateboarding, in-line-and roller-skating,
and bicycling are prohibited at all times in picnic shelters, on court
areas, on sports fields and in and around concession area(s).
[Ord. 188-2017, 9/13/2017]
1.
Permits are required to be obtained by any person who shall hold
a meeting or gathering of 25 persons or more; who announces, advertises
or otherwise invites the public to gather in a park regardless of
the expected number of persons; or, who desires to use the concession
stand, or to reserve the use of a special area or facility, including
a pavilion, sports field, court or other area as designated by the
Manager. Permit applications shall be made in writing on a form provided
for that purpose.
2.
The Manager shall approve or deny an application in writing within
10 working days following receipt of a completed permit application
under the following conditions:
A.
The use requested is in compliance and not in conflict with the terms
and purposes of these rules and regulations and all others adopted
by the Township Board of Supervisors, Board or Manager.
B.
Users agree to be bound by all rules, regulations and policies governing
the use of any facilities as approved by the Board or Manager.
C.
Applications are accompanied by any fee required.
3.
The permit application shall be in the name of a person who shall
be responsible for seeing that all refuse left by the group shall
be placed in proper containers before leaving the park.
4.
Permit fees and charges shall be established from time to time by
resolution of the Board of Supervisors. Other charges may be established
by the Manager as needed to recover the cost for a particular service.
[Ord. 188-2017, 9/13/2017]
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Operate a vehicle at a speed in excess of the maximum posted limit
or, where no speed limit is posted, in excess of 15 miles per hour.
B.
Operate a vehicle off of roads or outside of parking areas except
on specially designated or posted trails and other areas.
C.
Operate any unlicensed motor vehicle, recreational or otherwise,
except as authorized.
D.
Clean, wash, repair or do any work on any vehicle except for emergency
repair.
E.
Operate any vehicle being used for business or commerce except as
authorized.
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Park a motor or horse-drawn vehicle, trailer, bicycle or other equipment
at any place except in Township-designated parking areas. Parking
in designated parking areas shall not be allowed in such a manner
as to obstruct any entrance, road, trail, path, access or exit.
B.
Park a motor or horse-drawn vehicle, trailer, bicycle or other equipment
at any place within a park after the daily closing time.
C.
Persons owning vehicles parked in violation of this chapter are subject
to penalties herein and the vehicle may be removed at the owner's
expense, including storage costs upon direction of the Manager.
[Ord. 188-2017, 9/13/2017]
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Bring or allow any dog, cat or other pet access to any park except
where specifically posted for this purpose. Dogs in permitted areas
must be currently licensed and vaccinated. There is a limit of two
dogs per adult. Aggressive dogs are not permitted anywhere in any
parks.
B.
Bring or allow any dog to run at large in any park or to leave any
pet unattended. Dogs must be leashed at all times and the leash must
not be longer than six feet.
C.
Allow a dog on any playground area, court or sports field, inside
a building, concession stand or picnic pavilion.
D.
Train or exhibit animals without approval, in writing, issued by
the Manager.
2.
Owners of any pet, whether legally or illegally in any park, are
responsible for the immediate removal and proper disposal of fecal
matter deposited by the animal.
3.
Dog owners are responsible for injuries inflicted by their dog(s)
to any person or other pet.
4.
Seeing-Eye or similar companion animals and which are controlled
by the use of a harness or other restraint are exempt from this section.
[Ord. 188-2017, 9/13/2017]
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Discharge any firearm or weapon within any park except as may be
authorized and permitted under state law.
B.
Carry onto, possess or discharge an air gun, BB gun, sling shot,
blow gun, archery equipment, or any similar device that discharges
projectiles.
C.
Possess, set-off or launch explosives or explosive devices, rockets,
fireworks, sparklers or other pyrotechnical materials without written
permission from the Manager.
D.
Possess any knife, hatchet or ax unless engaged in an appropriate
activity.
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, creek, stream, river or other
body of water located in or adjacent to any park or any tributary,
stream, storm sewer or drain flowing into such waters any substance,
matter or thing, liquid or solid, which may result in the pollution
of such waters.
B.
Litter, dump, deposit or leave any bottles, broken glass, paper,
boxes, cans, dirt, rubbish, garbage, refuse, trash or other waste
material anywhere within any park except in proper receptacles designated
for such purpose where these are provided. Where receptacles are not
provided, all such materials shall be carried away from the park by
the person responsible for its presence and disposed of properly elsewhere.
C.
Dispose within any park of any waste, garbage, refuse, recycling
or other material which was not generated during use of a park.
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Charge admission to an event except when authorized.
B.
Offer, sell, distribute, deliver, service or rent any equipment,
material or commodity or otherwise engage in commercial activity except
when authorized.
C.
Announce, advertise, post, display, distribute printed materials
or otherwise call the public's attention in any way in any park
or roads adjacent to any park except when authorized.
[Ord. 188-2017, 9/13/2017]
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Use a noise-producing or amplifying device except when authorized.
B.
Make noise in a manner that peace and order in the park and the surrounding
neighborhood is disturbed.
C.
Endanger the safety of another person by any conduct or act.
D.
Commit any assault, battery or engage in fighting.
E.
Use threatening, abusive, insulting, profane, obscene or blasphemous
language or words.
F.
Commit any disorderly, immoral or illegal act.
G.
Disobey a proper order of a Township Supervisor, Police Officer,
Board member, Manager or other authorized person.
H.
Disobey, disregard or fail to comply with any rule or regulation,
warning, prohibition, instruction or direction given by an authorized
person, posted or displayed.
[Ord. 188-2017, 9/13/2017]
1.
No person in any park shall:
A.
Repair, build, construct, maintain, improve or excavate any thing
except when authorized.
B.
Vandalize, mark, cut, remove, damage, destroy or deface any tree,
flower, shrub, turf, plant, rock or other natural object.
C.
Vandalize, mark, deface, move, remove or damage any structure, facility,
equipment, property, fixtures or appurtenances thereof.
D.
Climb any tree or break, cut down, remove or in any way injure or
deface any ornament, tree, plant, shrub, fern, flower or turf.
E.
Remove, damage, destroy or disturb any natural, cultural, and archaeological
resource.
F.
Possess or use a metal-detecting or similar device.
G.
Use any type of saw or chain saw except when authorized.
H.
Erect tents, canopies or any other similar structures unless authorized.
I.
Launch or land a hot air balloon or operate a powered model plane,
helicopter, remote-controlled glider, drone or similar equipment within
the park unless authorized.
J.
Smoke or vape anywhere in any park.
[Ord. 188-2017, 9/13/2017]
Exceptions to all prohibitions contained in these regulations
will be recognized only upon the possession and presentation of a
written authorization signed by the Manager or by signs posted by
authorized representatives of the Township.
[Ord. 188-2017, 9/13/2017]
1.
The Parks and Recreation Board is authorized to establish fees to
address special circumstances, or the waiver thereof, and establish
additional rules and regulations as deemed necessary to govern parks.
2.
The Manager is authorized to collect fees, issue and revoke permits,
and carry out the implementation of the Board's rules and regulations.
[Ord. 188-2017, 9/13/2017]
The Manager is authorized to designate any person to act on
his/her behalf to implement and administer these regulations.
[Ord. 188-2017, 9/13/2017]
Nothing in this Part shall prohibit or hinder Police Officers
or other emergency personnel from performing their official duties.
[Ord. 188-2017, 9/13/2017]
1.
Police designated by the Board of Supervisors, whether State Police,
Township Police or a regional/cooperative police department, are charged
with enforcement of this Part.
2.
Code enforcement officers designated and appointed by the Board of
Supervisors may also enforce this Part.
3.
The Township Manager or his designee is hereby authorized to enforce
all the administrative rules and regulations established by the Board
of Supervisors or the Board.
[Ord. 188-2017, 9/13/2017]
1.
Any person violating any of the provisions of this chapter shall
be punishable, upon conviction thereof, by a fine of not less than
$60 nor more than $600 per day that the violation occurs and costs
of prosecution, or by imprisonment to the extent allowed by law for
not more than 90 days, or by both fine and imprisonment. In the event
of the imposition of a fine only, default in payment of such fine
and costs of prosecution shall subject the violator to imprisonment
for not more than 90 days.
2.
Where such violator has removed, destroyed, damaged, defaced or befouled
the park or the contents thereof, the cost of maintenance, repair
or replacement shall be charged to such person in addition to any
fine.
3.
Further use of recreation and park facilities may be denied to violators
of this Part. This action may be imposed separately by the Board or
Manager or in addition to the imposition of fines and/or costs. Conviction
by legal proceeding is not required for the Board or Manager to deny
access to a person based on violation of this chapter. Any person
who is denied access without conviction may appeal that denial of
access to the Board of Supervisors pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa. C.S.A. § 105 et seq.
4.
The term "person violating" as set forth in this section shall mean,
in the case of action or activity by any minor (herein defined as
an unmarried person under the age of 18 years), in addition to such
person, the parent, parents or guardian or any other person having
lawful custody and control of such minor shall be considered separately
and individually in violation of this Part.
