[Ord. 89-136, 6/1/1989, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Unless specifically limited, shall be deemed to include all
parks, playgrounds, recreation areas, tennis courts, beaches, recreation
structures and facilities, and also entrances and approaches thereto,
and all other land or property or structures, now or hereafter owned,
leased, acquired or utilized by the Borough for park or recreational
purposes.
Any natural person, corporation, organization of persons,
company, association or partnership.
Any rules and regulations hereby or hereafter promulgated
by the Council under the authority herein conferred.
[Ord. 89-136, 6/1/1989, § 2]
All parks shall be opened daily to the public at such hours
as the Council may from time to time designate, but in no event shall
any person be permitted to be in attendance in any park between dusk
and sunrise, unless special permission be granted by the Council.
[Ord. 89-136, 6/1/1989, § 3]
1.
No person in attendance at a park shall:
A.
Injure, deface, remove, cut or damage any of the trees, plants, shrubs,
turf, buildings, structures, signs or fixtures or any other property
of the Borough located within the park.
B.
Litter any area of the park with garbage, paper, bottles, rubbish,
cans, metal or other waste material; nor dispose of the same in any
way except in receptacles designated for such purposes. Glass beverage
bottles are not permitted.
C.
Kindle or maintain any fire in the park except in fireplaces or areas
specially designated for that purpose and located by authority of
the Council.
D.
Remove any bench, seat, table, recreation item, fixture or other
appliance without permission of the Council.
E.
Injure, deface, destroy or remove any notice, rule or regulation
posted at any place within the park by authority of the Council; nor
shall any notice or placard be posted within the park other than by
authority of said Council.
F.
Set up any booth, table or stand for the sale of any article or service
whatsoever within the limits of the park without permission of the
Council; distribute, sell, service or rent any services or commodity
or solicit for any purpose without permission of the Council.
G.
Operate, stop or park any vehicle, bicycle or other means of conveyance
except in areas where permitted or designated by proper authority
of the Council, or operate the same in a reckless or negligent manner
or in excess of any posted speed limit or in such a manner as to become
a nuisance.
H.
Operate commercial vehicles, unless providing authorized services.
I.
Bring onto the premises, possess or consume any alcoholic beverage
or illegal drugs of any kind; no person shall enter the park in an
intoxicated state or otherwise be under the influence of alcohol or
illegal drugs.
J.
Carry, possess or discharge any explosives, offensive weapons, slingshots,
fireworks or arrows on or into Borough property that is used for or
in connection with any park, playground or recreational area of the
Borough unless prior permission has been granted by the Borough Council
in designated areas. Police officers and others, while engaged in
the performance of their official duties, who are exempted pursuant
to the laws of the commonwealth or the Unites States from any prohibition,
activity or action provided above shall likewise be exempt from the
application of these provisions. Further, any person who qualifies
for an exception or exemption from the application of any of the above
pursuant to the laws of the commonwealth or the United States shall
likewise be excepted or exempted from the application of these provisions.
[Amended by Ord. No. 2012-242, 12/7/2012]
K.
Play ball, swim, golf, pitch horseshoes, engage in archery, camp
or launch, dock or land any boat, engage in finding buried objects
with special detectors, or participate in any other form of recreation,
sporting endeavor or pastime, except in those areas which may be designated
from time to time for that purpose by the Council.
L.
Disrobe or change clothing except in buildings or facilities made
available for that purpose.
M.
Disturb the peace by any conduct so as to annoy any other person
using the park for recreational purposes.
N.
Operate a snowmobile, minibike, motorcycle or any recreational vehicle
except on designated roads, trails or areas set aside for their use.
O.
Use threatening, abusive, insulting, profane or obscene language
or words.
P.
Commit any disorderly or immoral acts.
Q.
Hold any public meeting or rally (with more than five persons) or
engage in any marching or driving as members of a military, political
or other organization without permission of the Council, which requires
a statement of information, including the name of the organization,
its purpose, number of persons expected to be invited, expected duration
and name(s) of person(s) in charge.
R.
Disobey a proper order of a police officer, Council member or Recreation
Board member, or disobey or disregard or fail to comply with any rule
or regulation, warning, prohibition, instruction or direction given
by an authorized person and posted or displayed by sign, notice, bulletin,
card, poster, or when notified or informed as to its existence by
an authorized person of the Recreation Board or an authorized person
of the Borough.
S.
Hunt for, capture or kill, or attempt to hunt, capture or kill, or
aid or assist in the hunting, capturing or killing of, in any manner,
any wild bird or wild animal of any description, either game or otherwise,
in or on any Borough property that is used for or in connection with
any park, playground or recreational area, unless prior permission
has been granted by the Borough Council in designated areas. Police
officers and others while engaged in the performance of their official
duties who are exempted pursuant to the laws of the commonwealth or
the United States from any prohibition, activity or action provided
above shall likewise be exempt from the application of these provisions.
[Amended by Ord. No. 2012-242, 12/7/2012]
T.
Animals.
[Amended by Ord. No. 2018-262, 6/3/2018]
(1)
Except for dogs, and subject to the restrictions and conditions
hereinafter set forth, no owner or possessor of any animal, bird,
fowl, reptile or amphibian (hereafter collectively referred to as
"animal"), shall possess, have cause or permit it to be in or upon
any park or recreation place of the Borough of New Stanton.
(2)
Except as provided in Subsection 1T(3)(a), any person owning, possessing or controlling any dog may have the same within designated areas for dogs located in any park or recreation place of the Borough of New Stanton, subject to the following conditions and restrictions:
(a)
No such person shall cause or allow such dog to be unleashed
or unrestrained.
(b)
No such person shall cause or permit such dog to be out of control
under any circumstances.
(c)
All dogs in a park or recreation place of the Borough of New
Stanton shall have a current, valid Pennsylvania dog license, which
license shall be properly displayed upon the dog.
(d)
If required pursuant to the Rabies Prevention and Control in
Domestic Animal and Wildlife Act[1] of the Commonwealth of Pennsylvania and the rules and
regulations promulgated thereunder, every such dog shall have a rabies
vaccination and such fact shall be properly displayed by the rabies
tag upon the dog.
[1]
Editor's Note: See 3 P.S. § 455.1 et seq.
(e)
No dog in any park or recreation place of the Borough of New
Stanton shall be outfitted with a prong, spike or similar collar.
(f)
Any dog in a park or recreation place of the Borough of New
Stanton that exhibits aggressive behavior toward any person or animal
shall be prohibited and, upon showing of such aggressive behavior,
must be removed from the park or recreation place.
(g)
No leash shall be longer than six feet in length.
(h)
All leashes or other control devices must be continuously maintained
in the hand or hands of the person owning, possessing and controlling
the dog.
(i)
No person owning, possessing or controlling the dog shall permit
or allow the dog to defecate upon any property, personal or real,
unless such person immediately removes the feces and properly disposes
of it. Any such person shall carry with him/her or her at all times
a suitable container or other suitable instrument for the removal
and proper disposal of such feces. These provisions shall not apply
to a guide dog accompanying a person with a disability.
(j)
No person owning, possessing or controlling a dog in a park
or recreation place of the Borough of New Stanton shall permit such
dog to bark or act in any manner so as to cause a disturbance of the
peace of any other person within the park or recreation place.
(k)
Any person owning, possessing or controlling a dog shall at
all times have such dog under such control to prevent the dog from
harassing or injuring any other person, property or animal within
the park or recreation place.
(3)
Any person owning, possessing or controlling any dog may have
the same within any designated dog park located in any park or recreation
place of the Borough of New Stanton, subject to the following conditions
and restrictions:
(a)
All dogs must have and display a current license, vaccination
tag and identification tag on their collars at all times when in the
dog park.
(b)
Any person owning, possessing or controlling any dog shall use
the dog park at their own risk. The Borough of New Stanton does not
assume any responsibility for loss or injury. The dog park shall be
identified as a nonsupervised facility.
(c)
Owners/custodians of a dog are responsible for the acts and
conduct of their dog at all times when in the dog park. Dog park users
and dog owners assume all risks related to use of the dog park. Dog
owners are liable for any property damage or personal injury their
dog inflicts.
(d)
All dogs must be under the control of an adult, 18 years of
age or older.
(e)
No children under the age of 16 are permitted in the dog park
unless accompanied by an adult.
(f)
Dog owners/custodians must be in the dog park and within view
of their dogs at all times. No dogs may be left unattended at any
time.
(g)
Any dog must be on a six-foot leash when entering and exiting
the dog park. The leash must remain with the owner/custodian at all
times.
(h)
Choke, prong, pinch, spike and electronic collars are strictly
prohibited.
(i)
Aggressive dogs and dangerous dogs are not permitted in dog
parks. Dogs must be removed at the first sign of aggression, biting
or fighting with other dogs or persons. Any dog that starts to play
rough, bite or fight must be leashed and removed from the dog park
immediately.
(j)
The following are not permitted inside the fenced dog park area:
alcoholic beverages, human and pet food, smoking and/or tobacco products,
pet treats.
(k)
Female dogs in heat are prohibited from entering the dog park.
(l)
No animals other than dogs may be brought into the dog park.
(m)
Any owner/custodian of any dog shall clean up after your dog.
Owners/custodians are responsible for picking up and disposing of
their dog's waste in the containers provided.
(n)
Dog owner/custodian must fill any holes that their dog digs.
(o)
Bikes, skateboards, rollerblades, scooters and like devices
are prohibited in the dog park.
(p)
The dog park shall be open and available for use only during
normal park hours in any park or recreation place of the Borough.
(q)
There is a limit of two dogs per adult in the dog park at any
one time.
[Ord. 89-136, 6/1/1989, § 4]
All laws pertaining to fishing in the Commonwealth shall apply
to fishing in parks and recreation areas, and provisions thereof are
hereby incorporated by reference.
[Ord. 89-136, 6/1/1989, § 5]
[Ord. 89-136, 6/1/1989, § 6; as amended by Ord. No.
2012-242, 12/7/2012; and by Ord. No. 2018-262, 6/3/2018]
The Borough Council or its designated Board or agency is authorized
to establish additional rules and regulations as deemed necessary
and proper. Any additional rules and regulations promulgated by a
board or agency of the Borough must be approved by Borough Council
by Resolution.
[Ord. 89-136, 6/1/1989, § 7]
Recreation facilities which become hazardous for public use
due to weather, water, fire or unforeseeable conditions may be closed
at the discretion of the Council and the Recreation Board.
[Ord. 89-136, 6/1/1989, § 8; as amended by Ord. 97-173, 2/6/1997; Ord. No.
2012-242, 12/7/2012; and by Ord. No. 2018-262, 6/3/2018]
1.
Any person who shall violate any provisions of this Part or any of the rules and regulations herein established or established by resolution of the Borough Council, with the exception of violation of § 16-103, Subsection 1T, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure shall be sentenced to pay a fine of not less than $25 and not more than $600, plus costs, together with reasonable attorney fees and, in default of payment of said fine and costs, sentenced to a term of imprisonment not to exceed 90 days. Each day or portion of a day that a violation of the above-referenced provisions of this Part and any rules and regulations promulgated hereunder exists shall constitute a separate offense. Further, any violation of any provision of this Part or any rule or regulation promulgated hereunder shall be considered a separate offense.
2.
The Borough Council hereby determines that the provisions of this
Part and the rules and regulations promulgated hereunder are enacted
for public safety and public health reasons and purposes and, therefore,
are to be and shall be enforced by action brought in the same manner
provided for summary offenses. In the event that a court of competent
jurisdiction determines that one or more of the provisions of this
Part and the rules and regulations promulgated hereunder do not regulate
matters of public health or public safety, then such provisions that
do not regulate matters of public health or public safety shall be
enforced by a civil enforcement proceeding and the civil penalty for
any such violation shall not be less than $25 and not be more than
$600, plus costs and reasonable attorney fees.
3.
Any person who shall violate the provisions of § 16-103, Subsection 1T, of this Part or any of the rules and regulations herein established or established by resolution of the Borough Council with regard to the provisions of § 16-103, Subsection 1T, of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure shall be sentenced to pay a fine of not less than $25 and not more than $50.
4.
The Borough Council hereby determines that the provisions of this
Part and the rules and regulations promulgated hereunder are enacted
for public safety and public health reasons and purposes and, therefore,
are to be and shall be enforced by action brought in the same manner
provided for summary offenses. In the event that a court of competent
jurisdiction determines that one or more of the provisions of this
Part and the rules and regulations promulgated hereunder do not regulate
matters of public health or public safety, then such provisions that
do not regulate matters of public health or public safety shall be
enforced by a civil enforcement proceeding, and the civil penalty
for any such violation shall not be less than $25 and not more than
$50, plus costs and reasonable attorney fees.
