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.
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.