This ordinance is deemed necessary in the interest of public
health, safety, and as a proper exercise of police power in regulating
the conservation of woodlands and wildlife for the protection and
general welfare of the people of the Borough of Wenonah.
CONSERVATION AREAS
A conservation area shall be all that area within the Borough
of Wenonah designated and posted as "Wenonah Woods Conservation Area,"
and such other areas as shall be designated conservation areas and
posted as such from time to time as determined by the Borough Council
of the Borough of Wenonah.
PARK
A park shall mean that area bounded by East Mantua Avenue,
South Clinton Avenue, East Cherry Street and South East Avenue and
posted as such, and such areas as shall be designated and posted as
park areas from time to time as determined by the Borough Council
of the Borough of Wenonah.
PERSON
A person, within the meaning of this ordinance, is any person,
firm, partnership, association, corporation, company or organization
of any kind.
RECREATION AREA
A recreation area shall mean that area of Warner's Lake
for swimming and adjacent playground area and all areas used for athletic
activities, and such areas as shall be designated and posted as such
from time to time as determined by the Borough Council of the Borough
of Wenonah.
Permits for special events in any areas regulated by this ordinance
shall be obtained by application to the Parks and Playgrounds Committee
of the Borough of Wenonah in accordance with the following procedure:
A. Application. Persons seeking issuance of a permit hereunder shall
file an application with the Parks and Playgrounds Committee, stating:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(3) The day and hours for which the permit is desired.
(4) The part or portion of borough grounds for which such permit is desired.
(5) An estimate of the anticipated attendance.
(6) Any other information which the Parks and Playgrounds Committee shall
feel is reasonably necessary to a fair determination as to whether
or not a permit shall be issued hereunder.
B. Standards for issuance. The Parks and Playgrounds Committee shall
issue a permit hereunder when it finds:
(1) That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
public area.
(2) That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3) That the proposed activity and use is not reasonably anticipated
to incite violence, crime or disorderly conduct.
(4) That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough Council.
(5) That the facilities desired have not been reserved for other use
at the day and hour required in the application.
Within five days after receipt of an application, the Parks and Playgrounds Committee shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five days to the Borough Council, which will consider the application under the standards set forth in §
18-5B and sustain or overrule the Parks and Playgrounds Committee within five days. The decision of the Borough Council shall be final.
[Amended 7-28-2016 by Ord. No. 2016-6]
Any person or entity who is convicted of violating this chapter
shall be subject to any one or more of the following: imprisonment
in the County jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; and/or
by a fine not exceeding $2,000; and/or by a period of community service
not exceeding 90 days.
Any person who is convicted of violating the same provision
of this chapter within one year of the date of a previous violation
of this chapter, and who was fined for the previous violation, shall
be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the initial violation of this chapter.
All ordinances, codes or parts of the same inconsistent with any of the provisions of this ordinance and the code established hereunder are hereby repealed to the extent of such inconsistency; provided, however, that Chapters
5, 9,
21, 34 and
67 of the Code of the Borough of Wenonah shall remain in full force and effect except as to those provisions thereof which have been obviously changed or amended hereby, and this ordinance and the code established herein and intended to be supplemental thereto to the extent that prosecutions may be had under either of the said enactments.
In the event that any section, sentence or clause of this ordinance
or code shall be declared unconstitutional by any court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This ordinance and the code herein established shall take effect
30 days after its final passage and publication as provided by law.