[HISTORY: Adopted by the City Council of the City of Warren as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Special events in parks — See Ch. 144, Art. II.
Vendor stands; special events — See Ch. 349, Art. I.
[Adopted 9-16-2019 by Ord. No. 1937[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Alcohol; Gambling Devices; Solicitation Stands, adopted 4-15-1980 by Res. No. 1971, as amended.
As used in this chapter, the following terms shall have the meanings indicated in this section:
ADULT
Any person having reached the age of 18.
ALCOHOLIC BEVERAGE
Distilled spirits and all beverages containing 0.5% or more alcohol by volume, including, but not limited to, beer and wine. Medicines or drugs dispensed pursuant to a physician's prescriptions are excluded.
AMPLIFIED SOUND AND/OR SOUND-EMANATING EQUIPMENT
Music, sound wave, vibration or speech projected or transmitted by electronic equipment, including, but not limited to, public address systems, amplifiers, horns or megaphones.
ANIMAL
Any domestic animal, domestic fowl, wild animal, wild fowl, bird, or waterfowl.
ASSISTANCE ANIMAL
Any animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.
CHILD
Any person less than 18 years of age.
CITY BUSINESS
Any activity within the scope of and in pursuit of the City's operations. This may include work being performed by a person or company contracted by the City to provide services or necessary work being performed by a utility company.
CITY COUNCIL
The Council as provided for in Article V of the Home Rule Charter.
CITY MANAGER
The Municipal Manager as provided for in Article IX of the Home Rule Charter, or his/her designee.
CONSERVATION AREA
Any passive park area maintained as green space, which is owned and maintained by the City.
DOMESTIC/DOMESTICATED ANIMAL
Any of various animals that have been tamed and made fit for a human environment.
ELECTRIC PERSONAL ASSISTED MOBILITY DEVICE (EPAMD)
A self-balancing, two-non-tandem-wheeled device with an electric propulsion system designed to transport only one person.
FACILITY
A place, amenity, or piece of equipment provided for a particular purpose.
MOTORIZED VEHICLES
Those licensed by a department of transportation or motor vehicles for travel on public roads.
OTHER POWER-DRIVEN MOBILITY DEVICE
Any mobility device powered by batteries, fuel or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this chapter.
OWNER
Person to whom an animal or property belongs.
PARK AREA
Property which is owned by the City and maintained for the pleasure of the public and/or for recreation.
PARKING
Leaving a vehicle in a particular place for a period of time or maneuvering a vehicle into a certain location.
PARKING AREA
A location that is designated for parking vehicles.
PARKS AND RECREATION COMMISSION
Commission as provided for in § 5-24 of the Code of the City of Warren.
PEDESTRIAN ACCESS AREAS
Those areas of ingress and/or egress which are not designated for vehicular traffic.
PERMIT
Any written license issued by or under the authority of the City Manager or his/her designee.
PERSON
A human being regarded as an individual, whether a child or adult.
PET
A domesticated animal kept primarily for a person's company, protection, entertainment, or as an act of compassion.
PRESERVATION AREA
City-owned property located in a P-Preservation District, as designated on the City of Warren Zoning Map.
RECREATION AREA
A building, structure, ramp, dock, field, court, pool, playground or park which has organized recreational activities for teams or individuals or which provides active facility sites for nonorganized leisure play.
SERVICE ANIMAL
A. 
Any dog or animal recognized under the Americans with Disabilities Act (ADA) that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability.
B. 
An animal specifically trained for law enforcement purposes and under the control of a law enforcement officer.
SIDEWALK
A paved pathway designated for pedestrian use.
SMOKE
The inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar, pipe or other tobacco product in any manner or in any form, including, but not limited to, electronic cigarettes, vaping devices, personal vaporizers, any electronic nicotine delivery system, or any device which simulates tobacco smoking.
SPECIAL EVENT
An event which takes place on public property which, because of its scope and impact on surrounding areas and the potential need for provision of extra services by the City, requires approval by the Special Events Committee.
SPECIAL EVENTS COMMITTEE
Appointed by the City Manager and comprised of representatives of appropriate municipal departments which may include, but not be limited to, the Manager's Office; Codes, Permits, and Recreation Services; Police; Fire; Public Works; and Health Inspector.
SUPPORT ANIMAL
Any animal trained or able to provide assistance to a person with a disability or any animal that assists persons with disabilities by providing emotional support.
VEHICLE
A device or piece of mechanized equipment used for transporting passengers, goods, or apparatus.
WEAPON
A thing designed or used for inflicting bodily harm or physical damage.
WHEELCHAIR
A manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.
WILD ANIMAL
Any animal living in a natural, undomesticated state without human control or care; any animal not ordinarily tame.
YARD WASTE
Leaves, grass clippings, shrubbery, tree branches and trimmings, rocks, stones and pet waste.
[Adopted 5-19-2014 by Ord. No. 1845[1]]
[1]
Editor's Note: This article specifically repealed Ord. No. 1803, adopted 6-20-2011, as amended.
It is the intent, purpose and scope of this article to ensure the preservation of public parklands, recreation facilities, preservation areas, and conservation areas within the City of Warren for the perpetual enjoyment of the residents of the City of Warren; to regulate activities within these areas consistent with the enjoyment of unspoiled natural settings and park facilities; and to prevent any nuisances to the residents of the City of Warren in the use of such public parklands, recreation facilities, preservation areas, and conservation areas, or in the enjoyment of private property adjacent to such areas.
No person, except those authorized by the City and conducting City business, shall, in park, recreation, preservation or conservation areas:
A. 
Injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park, recreation, preservation or conservation area owned by the City or any building, sign structure, equipment, facility, utility, or other property found therein;
[Amended 9-16-2019 by Ord. No. 1937]
B. 
Remove, injure or destroy any shade tree, ornamental flower, shrub or plant, or any material of historical or archaeological interest;
C. 
Kill, trap, hunt, pursue or in any manner deliberately disturb or cause to be disturbed any wild bird or animal within park, recreation, preservation and conservation areas;
[Amended 9-16-2019 by Ord. No. 1937]
D. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which may result in the pollution of said waters within the park, recreation, preservation and conservation areas owned by the City, but rather to make use of proper receptacles where these are provided, and where receptacles are not so provided, all such materials shall be carried away from the park, recreation, preservation or conservation area by the person responsible for their presence and shall be properly disposed of;
E. 
Dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, yard waste, garbage, refuse, trash or any other materials anywhere within the park, recreation, preservation and conservation areas owned by the City, but rather to make use of proper receptacles where these are provided, and where receptacles are not so provided, all such materials shall be carried away from the area by the person responsible for their presence and shall be properly disposed of;
F. 
Make any physical change by the development or redevelopment of new or existing park, recreation, preservation and conservation area facilities and grounds without the prior recommendation of the Parks and Recreation Commission and the authorization of City Council;
[Amended 9-16-2019 by Ord. No. 1937]
G. 
Dispose of any household or yard waste in park receptacles or in any body of water in or adjacent to any park, recreation, preservation and conservation areas owned by the City.
H. 
Feed any wild animal in any park, recreation, preservation, or conservation area.
[Added 9-16-2019 by Ord. No. 1937]
A. 
Hours of operation. Park, recreation, preservation and conservation areas shall be open to the public from 7:30 a.m. until 9:30 p.m. with the exception of the designated lighted facilities within park, recreation, preservation and conservation areas which close at 11:00 p.m. and those areas designated herein by special exception; and it shall be unlawful for any person or persons, other than City service personnel conducting City business therein, to occupy or be present in said park, recreation, preservation and conservation area during any hours in which the area is not open to the public. Permits must be obtained for specific activities if use will be outside normal operating hours. The City Manager, his/her designee, and/or the Police Department may declare any section or part of the park, recreation, preservation and conservation areas closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. During such periods of time, it shall be unlawful to enter upon or occupy such areas or portions thereof contrary to posted regulations.
[Amended 9-16-2019 by Ord. No. 1937]
B. 
Possession and consumption of alcoholic beverages. Alcohol is prohibited in all City park, recreation, preservation and conservation areas with the exception of Clifford R. Betts Park. Consumption of alcohol in Clifford R. Betts Park shall be allowed only with a City-issued permit and in designated areas and when such use will not interfere with the general use of the park by the public. Alcohol permits are issued only in conjunction with an approved special event, pavilion rental, or tent permit.
[Amended 9-16-2019 by Ord. No. 1937]
C. 
Use of facilities. Facilities and areas in City park, recreation, preservation and conservation areas shall be used only for the purpose designated or implicit in their character. Special activities, including flying model airplanes, amateur use of drones, the operation of all-terrain vehicles, motor scooters, minibikes, go-carts, snowmobiles, and any other gas-powered mobility device, shall be permitted only at locations specifically designated for such use and at times established. Facility-specific use regulations may be developed by City administration and approved by City Council.
[Amended 9-16-2019 by Ord. No. 1937]
D. 
Supervision of a minor child. A parent, guardian, or other person legally responsible for the general care and supervision of a child shall be responsible for the appropriate supervision of the minor child and shall be financially responsible for the behavior and actions of the minor child.
[Amended 11-21-2016 by Ord. No. 1881]
E. 
Vehicles and mobility devices. Licensed motor vehicles shall be permitted only on designated roadways. The speed limit for such vehicles on such roadways shall be 10 miles per hour. Electric personal assisted mobility devices (EPAMD) and other power-driven mobility devices shall be permitted on all surfaces that accommodate their safe passage, including sidewalks, and shall not be operated above the speed of normal walking (two to three miles per hour). Gas-powered personal mobility devices are prohibited in parks, recreation, preservation and conservation areas throughout the City. All-terrain vehicles, motorcycles, minibikes, go-carts and snowmobiles shall not be permitted in park, recreation, preservation and conservation areas or on roadways designated for licensed vehicular traffic unless licensed for travel on the public roads of the Commonwealth of Pennsylvania. No person shall drive or otherwise operate a vehicle in a park, recreation, preservation or conservation area upon surfaces other than those maintained and open to the public for the purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the City, the City Manager or his/her designee, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, EPAMDs or those approved by the Special Events Committee for use with special events. All vehicles shall be parked in areas or places provided and designated. Parking in places contrary to posted regulations and times is prohibited. All parking is prohibited after regular closing time, except for a special event or for an activity for which a permit was issued. Any vehicles parked in violation of this section may be removed by the City at the owner's expense. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within a park, recreation, preservation and conservation area except for emergency repairs.
F. 
Fees. Fees shall be established by resolution of Warren City Council and may be amended by resolution of City Council from time to time.
G. 
Permits/agreements. Permits/agreements shall be required for scheduled use of City park, recreation facilities, preservation areas and conservation areas, and a certificate of liability insurance naming the City of Warren as additional insured and in an amount equal to or greater than the City's liability limit must be provided for the following:
(1) 
Events at which amplified sound is used;
(2) 
Organized events, including, but not limited to, charitable fund-raising events, fairs, carnivals, community celebrations;
[Amended 9-16-2019 by Ord. No. 1937]
(3) 
Scheduled league or team use of playing fields, courts and courses;
(4) 
Any use for the training and/or exhibition of animals;
(5) 
Use of areas designated herein by permit of the City Manager or his/her designee or by special exception of City Council, with the exception of events sponsored by the City of Warren or the Parks and Recreation Commission;
[Amended 9-16-2019 by Ord. No. 1937]
(6) 
Events held at Clifford R. Betts Park at which alcohol will be consumed;
[Added 9-16-2019 by Ord. No. 1937]
(7) 
Placement of tents or enclosures in excess of 200 square feet in size.
[Added 9-16-2019 by Ord. No. 1937]
H. 
Reservations. Certain pavilions and/or facilities within the City park, recreation, preservation and conservation areas may be reserved for exclusive use by private individuals in accord with policies as established by the City Manager or his/her designee and in accord with the City's schedule of fees.
A. 
Fires. Fires may not be ignited, maintained or allowed anywhere in a park, recreation, preservation or conservation area except for the purpose of cooking. In order to be allowed, cooking fires shall only burn wood, charcoal, or natural gas or propane product and must be contained in receptacles permanently installed on the premises for such purposes or a stove, grill, or similar device designed for cooking brought by a user and which has features that protect surroundings from scorch or burn. The Special Events Committee may allow other types of fires via a special exception. Any fire judged by a City official to create a hazard or nuisance shall be extinguished.
[Amended 9-16-2019 by Ord. No. 1937]
(1) 
Firework displays. No use of fireworks or fireworks display shall be conducted without prior authorization from the Special Events Committee and a permit must be obtained from the Fire Chief or designated City official.
B. 
Operating sound-amplification equipment. No person shall install, use and operate within a park, recreation, preservation or conservation area a loudspeaker, horn, megaphone, or other means of sound amplification for the purposes of giving instructions, directions, talks, addresses or lectures or of transmitting music or sound to any persons or groups of persons in any park, recreation, preservation or conservation area or in the vicinity thereof, except when installed, used or operated in compliance with a special event permit issued by the City of Warren Special Event Committee and when operated in accordance with terms of the permit. Amplifiers permitted in the parks shall be operated only through a power source provided or approved by the City or with a battery. This subsection shall not apply to the use of a loudspeaker or other sound-amplifying device that might be used on an athletic field during an athletic game or other competition sponsored by a school, City or community organization. No amplified sound will be permitted prior to 7:30 a.m. or past 10:00 p.m. in any park, recreation, preservation or conservation area unless the terms of a properly issued permit specify differently.
[Amended 9-16-2019 by Ord. No. 1937]
(1) 
This shall not be applicable when law enforcement or emergency services personnel use any means of sound amplification in the conduct of their duties.
C. 
Animals. It shall be unlawful for owners of domesticated animals to permit the same within park, recreation, preservation or conservation areas without being restrained by leash and accompanied by an adult or minor capable of controlling said animal. Within said park, recreation, preservation or conservation areas, specific areas may be posted prohibiting domesticated animals unless the animal is determined to be a service animal, assistance animal, or support animal as defined by the Americans with Disabilities Act (ADA). (Note: If this definition is met, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.) Should any animal, whether domesticated or service, defecate upon a park, recreation, preservation or conservation area, the owner or guardian of said animal shall be responsible for the immediate cleanup and proper disposal of feces in a designated container within the park, recreation, preservation or conservation area. Any injuries, expenses or damages caused by said animal which are not due to the contributory negligence of another person shall be the sole responsibility of the animal's owner or handler. Special event approval may be obtained for the training and/or exhibition of animals in designated areas, and a certificate of insurance naming the City as additional insured in an amount equal to or greater than the City's liability limit is required from the sponsor of the event, with the exception of events sponsored by the City of Warren or the City of Warren Parks and Recreation Commission.
[Amended 9-16-2019 by Ord. No. 1937]
D. 
Gambling. Gambling is prohibited in park, recreation, preservation and conservation areas, unless otherwise permitted under Pennsylvania law and approved as a part of a special event permit.
E. 
Merchandising, vending, advertising and signs. No person shall, in a park, recreation, preservation or conservation area:
(1) 
Offer for sale any article or thing or station or place any stand, cart or vehicle for transportation, sale or display of any such article or thing except under the authority of the City Manager and/or his or her designee by application and permit.
[Amended 9-16-2019 by Ord. No. 1937]
(a) 
All food vending provided to the public, with or without charge, as defined by the Department of Agriculture, is subject to health inspections and licensing requirements.
(2) 
Announce, advertise or call the public attention in any way to any article or service for sale or hire except to the extent approved in advance by the City Manager and/or his or her designee;
(3) 
Post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement or any inscription whatsoever upon any structure, tree, stone, fence, furniture, equipment, or enclosure within any park, recreation, preservation or conservation area or on any public land or highways or roads adjacent to any park, recreation, preservation or conservation area, except that the City may place or authorize the placement of signs within such areas. Directional or other temporary signs and decorations related to a special event or pavilion rental may be taped to a tree or structure providing that such signs, decorations, and tape are removed at the conclusion of the event; no staples, tacks, or nails may be used.
[Amended 9-16-2019 by Ord. No. 1937]
(4) 
Notwithstanding the restrictions set forth in Subsection E hereof, the City may place an appropriate plaque honoring any person or other entity who provides or sponsors a service or physical improvement benefiting the park, recreation, preservation or conservation area and its users, upon recommendation of the City administration and the Parks and Recreation Commission;
[Amended 9-16-2019 by Ord. No. 1937]
(5) 
All food vending provided to the public, with or without charge, as defined by the Department of Agriculture, is subject to health inspections and licensing requirements.
F. 
Aircraft. It shall be unlawful to land a private or commercial airplane or helicopter on park, recreation, preservation and conservation areas of the City. No person shall launch or operate any aircraft, including, but not limited to, hot air balloons, ultra-lights, radio-controlled model rockets or airplanes, gliders, and drones except in areas or at times specifically designated for this purpose by permit issued by the Special Events Committee. The provisions of this subsection shall not be applicable to military, law enforcement, or emergency medical aircraft when landing or taking off in association with military, law enforcement, and/or emergency medical activities.
G. 
Campers/recreational vehicles/overnight camping/sleeping tents/temporary enclosures. No person shall park any camper or recreational vehicle or place sleeping tents or other temporary enclosures in a City park, recreation, preservation or conservation area for overnight occupancy, unless provided for in a permit issued by the Special Event Committee. The Special Event Committee will approve overnight occupancy only if the overnight stay is integral to the operation of the special event and/or the overnight occupancy is necessary for the oversight and protection of equipment or apparatus used during the special event or if the overnight camping is part of an educational activity for a youth service organization. If campers, recreational vehicles, camping equipment, sleeping tents or other temporary enclosures in violation of this section are not removed within 48 hours after notice is given to the owner or occupant or placed upon a camper, recreational vehicle, camping equipment, tent or enclosure, such may be removed by the City at the owner's or occupant's expense.
H. 
Lewd and lascivious acts and sexual activity. No person shall engage in a lewd or lascivious act or sexual activity in a City park, recreation, preservation or conservation area.
I. 
Personal conduct. It shall be unlawful for any person in any park, recreation, preservation or conservation area to:
(1) 
Disturb the peace or use profane or obscene language;
(2) 
Endanger the safety of any person by conduct or act;
(3) 
Commit any assault, battery or engage in fighting;
(4) 
Discharge any firearm, rifle, explosive device, arrow, or use any other weapon.
[Amended 9-16-2019 by Ord. No. 1937]
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection I(5), regarding alcoholic beverages, was repealed 9-16-2019 by Ord. No. 1937.
(6) 
Carry, possess or use any drugs or controlled substances, excluding legally prescribed medications;
(7) 
Interfere with the use of the park, recreation, preservation or conservation areas by others;
(8) 
Violate any rule or regulation for the use of such areas enacted or approved by City Council;
(9) 
Prevent any person from using any park, recreation, preservation or conservation area or interfere with such use in compliance with this article and the rules applicable to such use;
(10) 
Act in any unlawful, disorderly or disruptive manner or against the best interests of the area or other people;
(11) 
Possess any glass container to be used for the consumption of any beverage or other product; the use of glass serving vessels during picnics and other special events is allowed.
[Amended 9-16-2019 by Ord. No. 1937]
(12) 
Bathe, wade, or swim in any fountain, pond, stream, flood control channel or temporary ponding of flood waters.
[Amended 9-16-2019 by Ord. No. 1937]
(13) 
Tobacco products.
[Added 11-21-2016 by Ord. No. 1881; amended 5-21-2018 by Ord. No. 1905; 8-20-2018 by Ord. No. 1909; 9-16-2019 by Ord. No. 1937]
(a) 
Smoke, inhale, exhale, or chew tobacco products, including, but not limited to, cigarettes, cigars, pipes, electronic cigarettes, vaping devices, personal vaporizers, and/or any electronic or any other type of nicotine delivery system or device which simulates tobacco smoking.
(b) 
The City police and/or the City Manager or his/her assigned designee shall have the authority to cause any act in violation of this subsection to be terminated, and the violator(s) shall be immediately ejected from said premises.
[Amended 9-16-2024 by Ord. No. 1980]
J. 
Alcoholic beverages. The sale, purchase, attempt to purchase, possession, and/or consumption of liquor, malt, or brewed beverages or other alcoholic beverages is prohibited, with the exception of those areas previously addressed in this chapter.
[Amended 9-16-2019 by Ord. No. 1937]
[Amended 9-16-2019 by Ord. No. 1937]
The City Manager, or his/her designee(s), shall administer the provisions of this chapter, including the establishment and collection of fees, preparation of application forms, issuance and revocation of permits, promulgation of rules and regulations to implement the provisions of this chapter, and all other decisions relative thereto. When acts or conduct of individuals or groups is determined to be in violation of this chapter or rules and regulations promulgated under the authority of this chapter; or are not in the best interests of the park, recreation, preservation and conservation area; or when such acts or conduct endanger the surrounding neighborhood, the City Police, City Manager or his/her assigned designee(s) shall have the authority to cause such acts to be terminated; to expel the perpetrators of such acts from the area; to call the City Police to arrest and detain such individual or individuals; and/or to file a complaint for the violation of this chapter with the Magisterial District Judge.
[Amended 9-16-2019 by Ord. No. 1937]
Any person violating any of the provisions of this chapter and convicted of same shall be liable for a fine of not less than $25 nor more than $1,000, plus costs. Where such violator has removed, destroyed, damaged, defaced or befouled the park, recreation, preservation and conservation area, or the contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fines and costs. Further, use of park, recreation, preservation and conservation areas may be denied to violators of this chapter in addition to the imposition of fines or costs.