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Township of Upper Darby, PA
Delaware County
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Table of Contents
Table of Contents
Code
New Laws (11) Index
[HISTORY: Adopted by the Board of Commissioners (now the Township Council) of the Township of Upper Darby 2-19-1974 by Ord. No. 2382. Amendments noted where applicable.]
This chapter shall be known and may be cited as "The Park Ordinance." Whenever in this chapter the term "park" is used, it shall be deemed to include play spaces, play areas, tot-lots, designated open spaces, and outdoor recreational facilities of the Township of Upper Darby or which are owned and/or leased by the School District of the Township of Upper Darby when the same are situate in the Township of Upper Darby. Property which is owned and/or leased by the School District of the Township of Upper Darby shall only be included within the terms of the within chapter when the same is being used as a park or recreational area as set forth herein.
No person shall be allowed in a park except between the hours of 7:00 a.m. and 7:30 p.m., local time, unless a permit for overnight camping has been obtained as hereinafter provided. Additionally, if a facility is equipped with night-lighting, it shall remain open until 10:30 p.m.
A. 
No person shall enter or leave a park except by entrances or exits provided for such purpose.
B. 
No person shall stand or lie on a table, bench or seat.
C. 
No person shall enter a toilet set apart for the use of the opposite sex.
D. 
No intoxicated person shall be permitted in a park. The distribution or consumption of beer, ale, wine or any other intoxicating liquor is prohibited within the area of any playfield, athletic field or park, or in any building erected thereon.
E. 
No gambling, or any obscene or indecent act, or any abusive, threatening, indecent or profane language shall be allowed in a park.
F. 
No person shall solicit alms, money or other thing of value in a park.
G. 
No horses, dogs, cats or other animals commonly designated as a household pet or farm animal shall be permitted in a park, with the exception that the within prohibition shall not apply to official police horses or dogs utilized by the Police Department of the Township of Upper Darby in the pursuance of their law enforcement activities.
H. 
No person shall park any vehicle in any portion of a park except in spaces designated and marked for parking purposes, and no person shall occupy a parked vehicle after dark. No motor vehicle shall be operated in any portion of a park unless the operator of the same has in his possession both a valid operator's license and an owner's registration card for said vehicle issued by the Department of Transportation, Commonwealth of Pennsylvania. All motor vehicles, other than motor vehicles owned by the Township of Upper Darby, are specifically prohibited from being operated in any park except when the same are being operated on park roadways or parking areas for the purpose of entering or leaving the park. No person shall park any vehicle on any Township park or recreation area between the hours of 7:30 p.m. and 7:00 a.m., or between the hours of 10:30 p.m. and 7:00 a.m., if the park or recreation area is equipped with night-lighting. In the event that any person shall violate any provision of this subsection, their vehicle will be towed at their expense, and such person shall be liable to a penalty of not more than $300 for each and every offense, to be collectible as like penalties are now by law collectible.
[Amended 9-16-1975 by Ord. No. 2470; 10-2-1985 by Ord. No. 2656]
I. 
No person shall carry or use firearms or throw stones or similar missiles of any kind in a park.
J. 
No person shall scatter, drop or leave any paper, rags, garbage, dead flowers or plants, glass, tin cans or other rubbish anywhere in a park, except in receptacles provided for such purpose.
K. 
No person shall injure, damage or deface any buildings, structures, fences, bridges, playground equipment or other property in a park; nor climb any tree or break, cut down, trample upon, remove or in any manner injure or damage any ornament, rock, stone, tree, plant, shrub, fern, blossom, flower or turf; nor foul or contaminate any stream or water. No person shall injure, deface or destroy any public signs or notices posted in a park.
L. 
No person shall annoy, injure or kill any animals or birds in a park; nor disturb water fowl in the streams, pools or ponds; nor remove or carry away any birds' nests or eggs.
M. 
No advertisement, placard or notice except public notices shall be posted or distributed in a park.
N. 
No person shall light or permit a fire to burn in a park except in fireplaces provided for such purpose.
O. 
No political meetings shall be permitted in a park.
P. 
The riding of bicycles in the area of any playfield or athletic field is prohibited.
Q. 
The playing of golf in any park is prohibited except on putting greens provided for such purpose.
R. 
The use of javelins, arrows, discus, or similar athletic equipment dangerous in character, is prohibited unless used under the direct supervision of an authorized recreation supervisor and permission has been granted by the Director of Leisure Services.
S. 
The use of a park for any of the following purposes is prohibited unless a permit is first obtained from the Director of Leisure Services as hereinafter provided:
(1) 
Musical or theatrical entertainments.
(2) 
Overnight camping.
(3) 
Picnics or gatherings in excess of 25 persons for any purpose whatever.
T. 
No persons over 12 years of age shall appear in parks without shirts or other proper clothing.
U. 
At no time shall any person, group, gathering or assembly of persons utilize electrical amplification of any sound, music, song or speech in a park area, and any act to the contrary of the within prohibition shall result in the immediate revocation of any permit issued hereunder and the removal of any person, group, gathering or assembly of persons utilizing said electrical amplification. Excepted from the within prohibition is the normal and customary use of portable radios.
The Police Department shall enforce the regulations hereinabove set forth and shall exercise general supervision over persons and property in all parks.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Department of Leisure Services shall have general custody of all parks and all maintenance, repairs and replacements of property and equipment therein, and shall be chargeable with the duty of keeping the parks in a clean and sanitary condition at all times. In view of the fact that the parks or playgrounds of the Township have been acquired and are maintained primarily for the use of the residents of the Township, the Recreation and Leisure Service Committee of the Township Council, or any person or persons designated by it, shall have the right to exclude therefrom any person who is not a resident of the Township.
Special permits for the use of parks shall be issued by the Director of Leisure Services upon application therefor. No charge shall be made for such permits. No permits shall be issued, however, unless an application therefor is made to the Director of Leisure Services in writing at least 48 hours before the applicant intends to use the same. Any person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person or persons by reason of the negligence or fault of the applicant, his servants, agents or employees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this chapter. Each subsection of this chapter that is violated shall constitute a separate violation of this chapter.