[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 10-6-2011 by Ord. No. 704 (Ch. 16, Part 1, of the 1984 Code of Ordinances); amended in its entirety 12-11-2014 by Ord. No. 728. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Parks Ordinance."
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- The Borough of Lemoyne, Cumberland County, Pennsylvania.
- Includes Negley Park, Lemoyne Memorial Park, Shell Park, Frazer Park, Herman Avenue Park, Riverfront Park, Maple Park, Flynn Park, Woodside Park and any other parks owned and maintained by the Borough. Parks also include the entrance and exits thereto as well as all improvements located thereon that are designated for pedestrian use or vehicle use or both.
- Any lighted or unlighted cigarette, cigar, or pipe; any other lighted or unlighted smoking product; and smokeless tobacco in any form.
The purpose of this chapter is to protect the parks and the appurtenances thereto from fire, abuse and desecration; to provide for the recreational use of these areas; to control and regulate traffic and maintain general order therein; and to further the safety, health, comfort, morals and welfare of all persons while in the limits of the parks.
The parks are for the use, benefit and pleasure of the residents of the Borough; however, the Borough may permit use of the parks for organized sports or other organized use, notwithstanding that the members thereof are nonresidents.
[Amended 6-21-2018 by Ord. No. 749]
All parks shall be open from dawn to dusk each day. It shall be unlawful for any person to be in a park during a time in which said park is not open. Park hours may be changed from time to time pursuant to § 347-17 of this chapter.
Buses, tractor trailers and other commercial vehicles are not allowed in the parks or in areas designated for vehicle use. Permitted vehicles must remain on the portions of the park designated for vehicle use. No bicycle shall be permitted on the grass in the parks.
Any person requesting exclusive use of a pavilion in a park shall complete and file a pavilion rental form at the Borough Office. Pavilion use shall be first reserved for any group or individual who has completed and filed a pavilion rental form and then open to public use. Any group or individual using a pavilion at the time it is reserved by a group or individual through a completed and filed pavilion rental form shall remove their belongings from the pavilion immediately. Failure to do so promptly is a violation of this chapter.
It shall be unlawful for any person to discharge any gun, airgun, pistol, fireworks, bow and arrow or engage in trapping within the confines of any park. Exceptions may be granted by the Borough for special circumstances relating to fireworks and historical reenactments.
Auto radios, portable radios and television sets shall be set low enough in volume so as not to interfere with the enjoyment of the park by others.
It shall be unlawful for any person to use threatening, abusive, profane or indecent language, commit any disorderly or immoral acts, gamble or play any games of chance, allow any animal in the parks (except as provided in Subsection C herein), obstruct in any way any roadway or path, deface or mutilate copies of this chapter, copies of any regulations or any other notice posted by the Borough, build any fire other than at places provided therefor, sell or offer for sale anything within the parks (except as provided in Subsection B herein), or engage in any conduct which constitutes a breach of peace.
Sale or offer for sale of personal property in the parks upon application may be permitted by the Borough. The Borough may attach such reasonable conditions as it deems necessary to implement the purposes of this chapter.
Subject to the conditions set forth in Subsection D herein, persons may take dogs into and upon Negley Park, Memorial Park, and Frazer Park during normal park hours in only those areas designated for dog walking by the Borough. Any person allowing a dog to enter into or upon any portion of Negley Park, Memorial Park, or Frazer Park which is not designated for dog walking or any person violating the conditions set forth in Subsection D below, shall be subject to the penalties for violations set forth in § 347-18 herein. The Borough Council shall designate, by resolution, those areas within Negley Park, Memorial Park and Frazer Park which are permitted for dog walking. The Borough shall post signs and, if practicable, maps designating those sections within Negley Park, Memorial Park and Frazer Park where dog walking is permitted.
The following conditions shall apply to all persons bringing any dog into or upon Negley Park, Memorial Park or Frazer Park:
Any dogs shall be on a leash and under the person's control at all times. Dogs shall not be permitted to run freely at any time.
Any person having possession, custody or control of any dog which commits a nuisance, i.e., defecation or urination, in any area within Negley Park, Memorial Park, or Frazer Park shall be required to immediately remove any feces from such surface and either:
Any person having possession, custody or control of any dog shall keep the dog under control at all times. Any dogs which exhibit aggressive behavior either towards persons or other dogs may be, upon the determination of the Code Enforcement Officer, permanently prohibited from entering upon or into Negley Park, Memorial Park, or Frazer Park.
Any person having possession, custody or control of any dog shall keep said dog only within those areas designated by the Borough as being permissible for dog walking.
It shall be unlawful for any person to scatter, drop or leave any debris or other rubbish, including animal feces, within the park except in receptacles provided for that purpose.
The following acts shall be unlawful in any of the parks:
Pulling, injuring or breaking any flower, fruit, plant, tree, grass, turf or injuring or destroying any wildlife, or otherwise doing any act which results in injury to any of the aforementioned through other than ordinary or prudent use.
Writing, painting, carving or otherwise defacing, damaging or injuring any tree, bench, structure or other improvements in the parks.
The carrying, possessing, or controlling of any ax, saw, pick, shovel, spade, or similar tools within the parks for reasons other than general park improvements that have been approved by the Borough.
Posting or displaying any sign, banner, or advertisement of any kind, except if said posting or displaying is directly related to a permitted activity under § 347-10B hereof.
Using tobacco in any manner, including but not limited to smoking, chewing, or otherwise. However, it shall not be unlawful to possess tobacco, so long as the tobacco is kept in its original packaging, without being ignited, ingested, or used in any manner.
Unauthorized temporary structures of any kind.
Consumption of alcoholic beverages.
Violation of any provision set forth herein.
It shall be unlawful for any vehicle to enter or leave any public park except by means of approved entrances and exits.
Any person organizing any activity that is a gathering for the purpose of a public demonstration or protest, for a fund-raising purpose, or an entertainment or theatrical performance shall complete and file a special events permit at the Borough Office. Such permittee shall be bound by the restrictions contained in said permit and by this chapter and any rules and regulations promulgated pursuant thereto. The use of any sound-amplifying equipment shall be prohibited except upon the issuance of a permit.
Charges may be made for certain park and recreation services and facilities and said charges may be prescribed by resolution of Council in the Borough Fee Schedule.
Editor's Note: The current Fee Schedule is on file in the Borough offices.
Tennis courts located within Borough parks are available for use by both residents and nonresidents of the Borough of Lemoyne. Persons desiring to use the tennis courts located within Negley Park must first obtain a key through the Borough Office by paying the fee set by the Borough Fee Schedule and completing and filing the appropriate form. Keyholders may bring up to three guests at a time with them to play tennis with them. Keyholders shall not share their key with others.
All persons shall wear proper tennis attire, which shall include but not be limited to tennis shoes and a shirt. If other persons are waiting to play tennis, use of a tennis court is limited to 1 1/2 hours.
The Borough Manager shall be charged with the administration of the provisions of this chapter. The Borough Manager shall, in addition to any other powers herein conferred upon him, have authority to make rules and regulations relating to the administration of the provisions of this chapter, and such rules and regulations will be effective when approved by Borough Council.
Any person who violates any of the provisions of this chapter or any regulation promulgated pursuant to this chapter shall, upon conviction therefor, be sentenced to pay a fine of not less than $100 and not more than $300, together with costs of prosecution, and in default of payment of such fine and costs, to imprisonment for not more than 30 days.