Independence Park, Kolapechka Park, Levans Park, Laurys Station Fire House Park, Old Post Road Fields, recreation areas and fields that are part of the municipal facilities campus, as well as any other play or recreation areas owned or operated by the Township and not regulated by other ordinances of the Township are for the benefit and pleasure of the residents of North Whitehall Township, and all persons who use these play and recreation areas shall do so in accordance with the rules and regulations prescribed herein. Further, these rules and regulations shall preserve the natural habitat as much as possible, while permitting development of recreation needs to serve the residents of North Whitehall Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall 6-6-2007 by Ord. No. 2007-12. Amendments noted where applicable.]
Independence Park, Kolapechka Park, Levans Park, Laurys Station Fire House Park, Old Post Road Fields, recreation areas and fields that are part of the municipal facilities campus and any other play or recreation area owned or operated by the Township shall be closed from sunset to sunrise. All persons found within these play and recreation areas between those hours shall be subject to the penalties herein provided by this chapter, unless they have been granted permission, in writing, by the Board of Supervisors, or its representative, to be in and use said play or recreation area during the time that the play or recreation area is closed. In addition, special events approved by the Board of Supervisors, or its representative, may include activities in the play or recreation area during periods the area is normally closed.
The following acts are prohibited in the Independence Park, Kolapechka Park, Levans Park, Laurys Station Fire House Park, Old Post Road Fields recreation areas and fields that are part of the municipal facilities campus, as well as any other play or recreation areas owned or operated by the Township and not regulated by other ordinances or the Ironton Rail Trail rules and regulations:
A.
Disorderly or immoral acts or practices.
B.
Use, sale, consumption or purchase of drugs, including alcohol; being in the play or recreation area in a state of intoxication; or to be under the influence of drugs or alcohol in the play or recreation area.
C.
The throwing of stones, rocks, sticks or similar missiles except in organized athletic events.
D.
The use of profane, offensive, vulgar or indecent language.
E.
Gambling or playing games of chance for money.
F.
Begging or soliciting subscriptions.
G.
Littering, throwing or depositing of papers, refuse or any offensive substances, except in the receptacles provided therefor. Personal household trash shall not be deposited in trash containers in the play and recreation area.
H.
Sleeping within the play or recreation area.
I.
Pulling, injuring, defacing or breaking of any flowers, fruits, plants, trees, grasses or turfs.
J.
Breaking or defacing any bench, play or athletic equipment and fixtures, water fixtures, trees, structures, other equipment or buildings located in the play and recreation areas.
K.
Possessing or discharging fireworks or explosive devices, hunting of any kind, and trapping of any kind.
[Amended 4-6-2015 by Ord. No. 2015-3]
L.
Driving or operating any motor vehicle, including snowmobiles, all-terrain vehicles (ATVs), dirt bikes, go-carts and other similar vehicles in the play or recreation areas. Motorized vehicles are not permitted on the recreation paths except for permitted handicap uses. Motor vehicles are permitted to park in the parking area of each play and recreation area, but must be removed upon closing of the play or recreation area, normally at sunset. In addition, any motor vehicles entering any play and recreation area parking lots are subject to inspection by representatives of the Board of Supervisors or law enforcement authorities at any time.
M.
Bringing or allowing any animals, including dogs and household pets, into the playground areas. Pet owners shall remove their pet waste from areas where pets are permitted. Equestrian activity is not permitted, except for the Ironton Rail Trail where equestrian activity is permitted in accordance with the Ironton Rail Trail rules and regulations.
N.
Defacing or mutilating or otherwise damaging any notices or signs posted by the Township.
O.
Offering anything for sale, except by written permission of the Board of Supervisors.
P.
Posting, displaying or distributing any banner or poster of commercial or political nature, unless part of an event approved by the Board of Supervisors.
Q.
Building of any fire except by written permission of the Board of Supervisors.
R.
Parking of vehicles in other than designated areas, including motor vehicles of any type or description.
S.
Careless and unsafe operation of any nonmotorized, human-powered equipment, such as bicycles, tricycles, etc.
T.
Pushing, pulling, kicking, standing on or otherwise damaging any fencing in the play and recreation areas.
U.
Any dangerous practices endangering the safety of others.
V.
The hitting of golf balls and the playing of golf.
W.
The disturbance of turf or trail areas.
X.
Use of skateboards.
Y.
Excessive noise or enhanced amplification in play, recreation and pavilion areas, exceeding the requirements of the noise provisions contained in Chapter 440, Zoning of this Code.
Z.
Smoking.
A.
Field use is allowed by permit only.
B.
Parents are responsible for the safety and behavior of their children in these play and recreation areas. While these play and recreation areas are maintained and operated by the Township, supervision will not be provided by the Township.
C.
Users of the play and recreation areas shall respect the rights of others and conduct themselves in a manner acceptable and becoming to others. Users are required to follow the directions of Township employees who are working in or present in the play and recreation areas. Cyclists shall yield to pedestrians.
D.
The Township is not responsible for property damage or personal injury that may occur in the play and recreation areas or related property, including, but not limited to, parking and driveway areas.
E.
The following rules shall be added to the existing rules and regulations for the parks and recreation areas:
[Added 9-14-2020 by Ord. No. 2020-1]
(1)
All playground users are permitted to use all playground equipment; however, users shall defer use of accessible playground equipment to users who require accessible equipment.
(2)
The dog park is open from dawn to dusk.
(3)
Dog owners using the dog park are responsible for any injury or damage caused by their animal. Dog park use is at the risk of the user.
(4)
Each person may bring up to three dogs into the dog park at one time.
(5)
All dogs in the dog park must be spayed or neutered.
(6)
All dog handlers in the dog park must clean up after their dog or dogs and place the waste in the trash cans.
(7)
All dogs in the dog park must be vaccinated and licensed in the Commonwealth of Pennsylvania with license clearly visible on the dog at all times.
(8)
Friendly dogs are welcome at the dog park; however, dogs exhibiting aggressive behavior or excessive barking may be removed from the park.
(9)
Dogs must be leashed when entering and exiting the dog park.
(10)
Dogs must be a minimum of six months old to enter to the dog park.
(11)
The dog park gate must remain closed at all times except for entering and exiting the park.
(12)
All dog handlers must remain with their dogs in the fenced area, no dogs are allowed to be unaccompanied in the dog park.
(13)
Sick dogs are not permitted in the dog park.
(14)
Do not pet the dogs of others without the handler's permission.
(15)
Collars must be worn by all dogs in the dog park.
(16)
Tennis balls and frisbees are allowed in the dog park, but should be used with caution.
(17)
No human food is allowed in the dog park unless it is medically necessary.
(18)
Alcoholic beverages, strollers, bicycles and children's toys are not permitted in the dog park.
(19)
Dog handlers shall deter dogs from digging holes in the dog park and must repair any damage caused by their dog's digging holes.
(20)
Parental supervision is required for children under 16 years of age in the dog park.
(21)
Use the appropriate park based on the size of the dog. Dogs under 25 pounds normally use the small dog area.
(22)
Dog handlers are responsible for their own water and bowls in the dog park.
(23)
The use of the dog park for private events such as training, instruction or parties is prohibited without the written authorization by the Board of Supervisors.
Any person found guilty of a violation of this chapter in a summary proceeding before a Magisterial District Judge shall pay a fine for each violation of not more than $1,000 and not less than $100 and the costs of prosecution and, in default of payment of such fine and costs or prosecution, shall be imprisoned for not more than 10 days; provided each day's continuance of a violation shall constitute a separate offense.
The provisions of this chapter may be enforced:
A.
By a law enforcement officer instituting summary proceedings by citation as provided by law; or
B.
When the affiant is not a law enforcement officer, the affiant shall institute a criminal proceeding by filing a complaint with the Magisterial District Judge as provided by law; or
C.
By another proceeding now or hereafter authorized by law.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof.
Any ordinance inconsistent with the provisions of this chapter is hereby repealed to the extent of the conflict.
This chapter shall take effect five days after its enactment.