[1974 Code § 19-1; Ord. No. 84-14 § 1]
The Mayor and Borough Council hereby find and determine that
the public parks located in the Borough should be regulated as to
days of operation, hours and cleanliness for the best interest of
all concerned.
[1974 Code § 19-2; Ord. No. 84-14 § 2; Ord. No. 05-9 § 1]
As used in this chapter:
Shall mean and include the 6th Street Little League Field
and the English Neighborhood Park Field.
Shall mean and include, male and female, resident of Fairview
or nonresident and any age.
Shall mean and include the English Neighborhood Park and
Sixth Street Playground.
[1974 Code § 19-3; Ord. No. 84-14 § 3; Ord. No. 90-25 § 1]
The public parks and playgrounds shall be closed to all persons
from December 1 to February 1 of any one year.
[1974 Code § 19-4; Ord. No. 84-14 § 4; Ord. No. 90-25 § 2; amended 9-1-2015 by Ord. No. 15-12]
The public parks and playgrounds shall be open from February
1 to November 30 from the hours of 9:00 a.m. to 9:30 p.m.
[1974 Code § 19-5; Ord. No. 84-14 § 5]
No person shall consume any food within 50 feet of the pool
area.
[1974 Code § 19-6; Ord. No. 84-4 § 6]
No animals are allowed in the public parks and playgrounds whether
leashed, roped or otherwise.
[1974 Code § 19-7; Ord. No. 84-14 § 7]
No alcoholic beverages are allowed in the public parks and playgrounds
whether sealed, canned or otherwise.
[1974 Code § 19-8; Ord. No. 84-14 § 8]
No bicycle riding is allowed in the public parks and playgrounds.
Bicycles shall be placed in racks designed for bicycles.
[Ord. No. 05-9 § 1]
No person or organization shall be permitted to use a ball field
without securing a permit from the Recreation Director and Borough
Administrator. The Mayor and Council reserve the right to withdraw
permission after it has been granted.
a.
In weighing competing requests for the use of Borough ball fields,
the Borough will give priority to the following uses, in the descending
order given:
1.
Uses and groups directly related to the school and the operations
of the schools, including pupil and teacher groups.
2.
Departments and agencies of municipal government.
3.
Governmental agencies generally.
4.
Community organizations formed for educational, charitable, civic,
social, or athletic purposes.
5.
Public at large.
b.
Each user shall present evidence of the purchase of organizational
liability insurance to the limit prescribed by the Governing Body.
Users shall be financially liable for damage to the facilities and
for proper chaperonage.
c.
Use of Borough equipment in conjunction with the use of ball fields
must be specifically requested in writing. The users of Borough equipment
must accept liability for any damage or loss to such equipment that
occurs while it is in their use, regardless of any assignment of negligence.
Where rules so specify, no item of equipment may be used except by
a qualified operator.
d.
The Governing Body shall approve a schedule of fees for the use of
Borough ball fields based upon the following guidelines:
1.
The use of ball fields for activities directly related to the educational
program run by the Fairview School System shall be without cost. All
other users shall be responsible for any costs incurred by the use
and any fees charged by a law enforcement agency in connection with
the use.
2.
All other organizations or persons granted the use of the ball fields,
shall pay in advance the scheduled fee and the cost of any additional
staff services required by the use.
[Ord. No. 05-9 § 1]
a.
Applications must be made in writing and on the form supplied by
the Borough. The form is available in the office of the Borough Clerk.
b.
Applications for use of Borough ball fields should be submitted to
the Recreation Director and Borough Administrator not less than 30
days before the date of the requested use.
c.
The application must include the ball field that the applicant wishes
to use and all the dates and times of the requested use. Approval
of any application is limited to the ball field and times expressly
requested on the application.
d.
The application must include all the equipment and supplies that
the applicant wishes to include in the use.
[Ord. No. 05-9 § 1]
a.
The Recreation Director and Borough Administrator will review each
application and check the school and recreation calendar to determine
whether the ball field requested is available at the date and time
requested, that is, the ball field has not been scheduled:
b.
If the ball field is not available for use, the Recreation Director
will so inform the representative of the organization and may suggest
alternative dates, times, or facilities.
c.
If the ball field is available for use and the applicant meets the
standards set by the Borough, the Recreation Director and Borough
Administrator will note his or her approval on the application form
and will record the classification of the applicant organization.
d.
Standards for approval include the following limitations on use:
1.
The use of Borough ball fields will generally not be granted for
observances or celebrations that are essentially private in nature
or for meetings of small groups that can conveniently convene in private
homes.
2.
The use of school facilities will not be granted for the advantage
of any commercial or profit-making organization or partisan political
activity, or any purpose that is prohibited by law.
e.
The Recreation Director and Borough Administrator will determine
the fees and costs, if any, to be charged for the use of the facility.
That information will be entered on the application form.
f.
A copy of each approval or disapproved application will be distributed
to the representative who signed the application form.
g.
The application form will include the rules governing the use of
the Borough ball fields and the representative's signature on
the application will signify notice of those rules and the organization's
agreement to be bound by those rules.
h.
The Governing Body reserves the right to deny an application and
to withdraw permission to use the ball field after approval has been
granted and after the use has commenced. Permission may specifically
be withdrawn from any organization whose representative has willfully
made misrepresentation on the application or whose members violate
the rules established for the use of the Borough's ball fields.
Such withdrawal of permission may constitute grounds for denying a
future application made by the organization.
i.
Permission to use the ball fields.
j.
The organization representative must inform the Recreation Director
and Borough Administrator of any canceled use request as soon as he
or she is aware of the cancellation.
k.
Permission to use the ball field is automatically withdrawn on a
day when the facility is closed for inclement weather, work stoppage,
or other emergency. It is the responsibility of the user to inquire
about the availability of the ball field on such days.
[Ord. No. 05-9 § 1]
a.
The representative of an organization granted permission to use the
ball field must assume responsibility for the orderly and careful
use of the ball field and must agree to assume liability for any damage
or loss of property caused by the use or in the course of the use.
b.
The organization and/or its representative will hold the Borough
of Fairview harmless from claims arising out of the permitted use
of the ball field or during the user's occupancy. In addition,
the user shall agree to save the Borough harmless from liability for
injury or damage to any person or property of any person who may be
attending or participating in the function or activity for which permission
has been granted.
d.
Rules for the Use of the Ball Fields.
1.
The law will bind users of school facilities.
2.
Users must comply strictly with all applicable statutes, municipal
ordinances, and rules of the Board of Health, Fire Department and
Police Department regarding public assemblies.
3.
The use must not involve gambling or games of chance.
4.
The use, possession and/or distribution of alcohol and/or controlled
dangerous substances on Borough property are absolutely prohibited,
in accordance with the law.
5.
Smoking is prohibited on Borough property.
6.
Borough ball fields cannot be used for any purpose prohibited by
law or likely to result in rioting, disturbance of the peace, damage
to property or for the purpose of defaming others.
e.
Users of Borough Ball Fields Will Respect Municipal Property.
1.
The user will not damage, destroy, or deface municipal property.
The ball field will be used with care and left in an orderly and neat
condition.
2.
The user must obtain the Recreation Director and Borough Administrator's
permission to bring equipment, decorations, or materials to the ball
field. No equipment, decorations or materials may be placed on the
ball field or fence or affixed to the same in any manner that defaces
or damages Borough property.
3.
Any equipment, scenery, decorations, or other material brought to
the ball fields and any debris caused by the use or remaining after
the use must be promptly removed by the user. Any such materials left
on Borough premises more than 24 hours after the use may be removed
by the Borough at the user's expense. The Borough assumes no
liability for damage to or loss of materials brought to the ball field.
4.
Users of the ball field must insure that all participants wear rubber-soled
footwear to prevent damage to the field.
5.
No ball field may be used for a purpose in conflict with the purpose
for which the ball field was designed.
6.
Only an employee of the Borough may operate lighting equipment.
7.
The user must obtain the Recreation Director and Borough Administrator's
permission to serve and consume food and/or beverages on Borough property.
The service and consumption of food and/or beverages is strictly limited
to the area for which permission is granted. If food and/or beverages
are served, the user must clean all utensils, equipment, serving dishes,
and the like and restore the facility to its proper condition.
8.
No signs, posters, advertisements, or other displays may be placed
on Borough property without the approval of the Recreation Director
and Borough Administrator.
9.
No keys shall be issued to a user except for the bathrooms.
10.
The Recreation Director and Borough Administrator is responsible
for examining the facility immediately after the use and reporting
any loss or damage. The Recreation Director and Borough Administrator
will inform the user of any loss or damage that must be corrected.
11.
Permission to use the ball fields extends only to the ball field.
Users are not entitled to enter offices, storage closets, or any other
room to which permission to use has not been expressly granted. Users
are not permitted to use district telephones, or other municipal equipment.
12.
No vehicles of any type shall be operated in any area that is not
designed for such vehicles.
f.
Users Must Be Properly Supervised.
1.
The user must assume full responsibility for the conduct of all participants
in the use while they are in or about the ball field and grounds and
must enforce these regulations. The user must provide an adequate
number of persons to supervise participants in the activity. A group's
inability to properly supervise its participants will result in the
loss of field use privileges.
2.
The user must, in consultation with the Recreation Director and Borough
Administrator, anticipate the need for the assistance of police officers,
firefighters and/or parking attendants. All such services must be
arranged by the user and will be at the expense of the user. When
a user refuses or fails to secure police, fire, and/or parking assistance
after having been advised to do so by the Recreation Director and
Borough Administrator, the Recreation Director and Borough Administrator
may recommend that permission to use the ball field be withdrawn.
3.
Members of the Governing Body and municipal officials are entitled
to full and free access to any part of the ball fields during any
use. No user may exclude a member of the Governing Body or a municipal
official from a Borough ball field for any reason.
4.
School events and/or activities will take precedence over all other
requests and may require the canceling of a previously approved use.
[Ord. No. 05-9 § 1]
a.
A billing for the approved use of the ball field will be forwarded
by the Borough Administrator to the applicant organization after the
Recreation Director and Borough Administrator's approval of the
use and is payable as follows:
1.
All users shall pay the required fee upon receipt of the letter of
approval of use and before the actual use of the ball field.
Nonpayment of the ball fields use fee as stated above may result
in the withdrawal of the approval to use the ball field.
[1974 Code § 19-9; Ord. No. 84-14 § 9; Ord. No. 05-9 § 1]
Any person violating any provisions of this chapter shall, upon
conviction, be subject to a fine not exceeding $500.
