[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.
A.
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.
B.
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.
C.
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.
D.
The following conditions shall apply to all persons bringing any
dog into or upon Negley Park, Memorial Park or Frazer Park:
(1)
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.
(2)
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:
(3)
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.
(4)
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:
A.
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.
B.
Writing, painting, carving or otherwise defacing, damaging or injuring
any tree, bench, structure or other improvements in the parks.
C.
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.
D.
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.
E.
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.
F.
Unauthorized temporary structures of any kind.
G.
Consumption of alcoholic beverages.
H.
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.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
Borough offices.
A.
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.
B.
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.
