As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
PARK
All land or property or structures under the jurisdiction
of the Borough Council, now or hereafter owned or acquired by the
Borough for park or recreational purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PERSON
Any natural person, corporation, organization of persons,
company, association or partnership.
RULES AND REGULATIONS
Any rules and regulations hereby or hereafter promulgated
by the Borough Council under the authority herein conferred.
All parks shall be opened daily to the public at such hours
as the Borough Council may from time to time designate, but in no
event shall any person be permitted to be in attendance in any park
between 11:00 p.m. and sunrise, unless special permission be granted
by the Borough Council.
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, cans or other waste material; nor dispose
of the same in any way except in receptacles designated for such purpose.
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 Borough Council.
D. Remove any bench, seat, table
or other appliance without permission of the Borough Council.
E. Injure, deface, destroy or remove
any notice, rule or regulation posted at any place within the park
by authority of the Borough Council; nor shall any notice or placard
be posted within the park other than by authority of said Board.
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 Borough Council; distribute,
sell, service or rent any services or commodity or solicit for any
purpose without permission of the Borough 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 Borough 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 to other area
users.
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 or discharge any firearms,
slingshots, firecrackers, fireworks or other missile propelling instruments
or explosives or arrows, or other dangerous weapons which have such
properties as to cause annoyance or injury to any person or property,
unless permission has been granted by the Borough Council in designated
areas; police officers in the performance of their duties will be
exempt from these provisions.
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 Borough 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 vehicle, recreational or otherwise, 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 Borough 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 or Borough Council 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 the Borough Council or an authorized person.
S. Hunt for, capture or kill, or
attempt to capture or kill, or aid or assist in the capturing or killing
of, in any manner, any wild bird or wild animal of any description,
either game or otherwise, and to that end, it is unlawful for any
person to carry onto or possess in any park, a shotgun or rifle or
pistol or firearm of any make or kind unless specific permission is
granted for a designated area by authority of the Borough Council.
T. Allow pets to run at large out
of control.
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.
The use of all parks shall be on a first come, first served
basis unless otherwise reserved:
A. By annual permission granted by
the Borough Council for the scheduling of various league games, etc.
B. For school or college athletic
games, practice, contests or exhibitions.
C. For regularly scheduled school
district or municipal recreation programs.
D. By permission granted by the Borough
Council for a specific requested use.
The Borough Council is authorized to establish additional rules
and regulations as deemed necessary and with approval of the Borough
Council.
Recreation facilities which become hazardous for public use
due to weather, water, fire or unforeseeable conditions may be closed
only at the discretion of the Borough Council.
The police officers of the Borough are charged with enforcement
of the provisions of this chapter and of rules and regulations promulgated
by the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Butler County.