[HISTORY: Adopted by the Borough Council of the Borough of
Pen Argyl 6-3-2008 by Ord. No. 644, approved 6-3-2008; amended in its entirety 7-1-2008 by Ord. No.
645, approved 7-1-2008. Subsequent amendments noted where applicable.]
To establish rules and regulations for the protection, care
and control of the Borough of Pen Argyl's Weona Park and to regulate
the conduct of persons on or within any area of Weona Park while using
the facilities thereof.
[Amended 11-8-2021 by Ord. No. 715]
The tract of land known as Weona Park ( hereafter the "park")
is located in the eastern portion of the Borough of Pen Argyl, Northampton
County, Pennsylvania, and situate on either side of Route 512. Part
A of the park (Tax Parcel ID Nos. D8-8-1-0625E and E9-1-1-0625E and
that portion of Tax Parcel E8-8-8D not including that portion of said
tax parcel which is subject to a lease for a cell tower and that portion
subject to a lease to Lookout Fire company, such portion being identified
in the sketch plan attached hereto as Exhibit "A") is that which is
located to the south of Route 512 and includes the swimming pool,
band shell, community center, playground area, pavilions, carousel,
park office and multipurpose recreational fields. Part B of the park
(Tax Parcel ID Nos. D8-7-5-0625E, D8-7-5A-0625E and D9-17-3-0626E)
is that which is situate north of Route 512 and contains the scout
building, passive recreational area, basketball courts, skateboard
park and dog park.
A.
When closed.
(1)
Except for unforeseen emergencies and officially sanctioned, authorized
and supervised events and activities permitted in writing by the Borough
Council of Pen Argyl or the Pen Argyl Athletic and Park Association,
the park shall be closed the following hours:
(2)
No individual, whether on foot or in a vehicle, is permitted on park
property during times of closure.
B.
The provisions of Subsection A of this section shall not apply to emergency personnel in an official capacity or to Pen Argyl Borough employees on duty or on official business.
C.
If, in the opinion of the Mayor of the Borough of Pen Argyl, the
closing of the park at a time earlier than sunset is necessary to
protect the safety, health, morals or general welfare of the citizens
and residents of the Borough of Pen Argyl or of the persons then in
the park, said Mayor shall cause the police of the Borough of Pen
Argyl to immediately go upon the premises of the park and notify all
persons in the park as to when the park or its facilities shall be
closed.
D.
The provisions of this section shall also apply to any adjacent parking
lot areas.
E.
Violations and penalties. Any person violating the provisions of
this section shall be guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of not less than $25 nor more
than $300.
A.
No person shall park any vehicle within the park except in designated
parking areas that are clearly marked. In no event shall any vehicle
be parked so as to impair other parked vehicles from free movement
to access and exit the park without impediment.
B.
The Borough of Pen Argyl and/or the Pen Argyl Athletic and Park Association are hereby delegated the power to erect signs specifying the location, hours and manner in which vehicles may be parked. Vehicles parked in violation of the provisions of this section shall be subject to the penalties provided in Subsection D of this section below.
C.
No vehicles may be parked in the park from sunset to sunrise except
for officially sanctioned and authorized vehicles permitted in writing
by the Pen Argyl Borough Council or the Pen Argyl Athletic and Park
Association.
D.
Violations and penalties. The registered owner of any vehicle parked
in violation of the provisions of this section shall be subjected
to fines and/or having the vehicle towed at the owner's expense:
(1)
The registered owner of any vehicle parked in violation of the provisions of Subsections A and C of this section shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $15, if said fine is paid with seven days of the violation; otherwise, the fine shall be $30.
(2)
The registered owner of any vehicle parked in violation of the provisions of Subsection B of this section shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $50, if said fine is paid within seven days of the violation; otherwise, the fine shall be $100.
A.
Motorized vehicles are prohibited from being operated within Part
A of the park, except that motorized vehicles are permitted to be
operated in designated parking areas.
B.
The provisions of Subsection A of this section shall not apply to emergency vehicles, Borough of Pen Argyl vehicles, or vehicles on official Borough business with the express consent of the Pen Argyl Borough Council or the Pen Argyl Athletic and Park Association.
C.
Violations and penalties. The registered owner of any vehicle who
violates the provisions of this section shall be guilty of a summary
offense and shall, upon conviction, be sentenced to pay a fine of
not less than $50 nor more than $300.
A.
It shall be unlawful for any person on park property hereof to:
(1)
Use threatening, abusive or insulting language.
(2)
Do any obscene or indecent act.
(3)
Engage in, instigate, aid or encourage an altercation or fight.
(4)
Assault any person.
(5)
Be under the influence of intoxicating alcoholic substances.
(6)
Use/posses any alcoholic, malt or brewed beverages, unless permitted
by the Borough of Pen Argyl or the Pen Argyl Athletic and Park Association.
(7)
Use/possess or be under the influence of drugs, as defined and prohibited
by the Pennsylvania Crimes Code (18 P.S. § 101 et seq.).
(8)
Smoke in any park buildings, in the Tot Lot, in the fenced-in pool
area, or in any area as may be designated from time to time by the
Pen Argyl Athletic and Park Association.
(9)
Carry, set off or discharge any firearm, bow and arrow, air rifle,
air pistol, slingshot or fireworks, unless authorized by permit from
the Borough of Pen Argyl or the Pen Argyl Athletic and Park Association.
(10)
Kindle, build, maintain or use a fire, except in fireplaces provided
or in an approved container.
(11)
Willfully disregard any order or directive given by a lifeguard or
any Borough of Pen Argyl and/or Pen Argyl Athletic and Park Association
employee(s).
(12)
Deface, damage, tamper with, displace or remove any building, table,
bench, fireplace, railing, sign, equipment or any other park or Borough
of Pen Argyl property.
(13)
Pick, cut, break or injure in any way trees, shrubbery, hedges, wildflowers
or other flowers growing in the park.
(14)
Use the grass areas of the park for roadways, parking or other purposes
which may injure or destroy the turf or landscaping.
(15)
Interfere with, encumber, obstruct or render dangerous any public
way, path, walk, bridge or public place.
(16)
Permit domesticated animals of any kind, except animals on leashes, to be within the park property without the permission of the Borough of Pen Argyl or the Pen Argyl Athletic and Park Association. In all cases, the animal defecation provisions of the Code of the Borough of Pen Argyl (§ 75-3) must be complied with.
(17)
Post, paint, affix or erect any sign, advertisement, banner or any
other matter for attracting attention without the permission of the
Borough of Pen Argyl or the Pen Argyl Athletic and Park Association.
(18)
Throw, deposit or drain any offensive or unwholesome substances or
liquids of any kind or deposit or throw any paper, fruit and food,
refuse or lunch baskets within said recreation places, except in receptacles
provided for that purpose.
(19)
Grease, change oil or make any repairs to any vehicle, except those
of a minor nature and only in cases of emergency circumstances. (Cleaning
and polishing of vehicles shall be allowed in parking areas.)
(20)
Operate bicycles, scooters, electrical scooters, rollerblades, roller
skates, skateboards or any other self-propelled vehicle within Part
A of the park, except that bicycles may be pushed or carried through
the park. This does not apply to bicycles owned by the Borough of
Pen Argyl.
(21)
Climb on or access any shelter, seat, support, statue, fencing, backstop
or goal for purposes other than ensuring the safety of individuals.
(22)
Violate any regulations relating to the use of any building or place.
A.
In addition to those acts prohibited under § 79-6, the following additional acts and conduct shall apply to that area in Part A enclosed by a fence located on the eastern side of South Main Street and containing playground equipment for younger children (hereafter designated the "Tot Lot"):
(1)
No individual over the age of 12 may enter or remain in the Tot Lot
unless directly involved in the supervision of a child or children
under the age of 12.
(2)
No individual over the age of 12 may use or access any of the playground
equipment located in the Tot Lot unless necessary to insure the safety
of individuals under the age of 12 using the equipment.
B.
Violations and penalties. Any person violating the provisions of
this section shall be guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of not less than $25 nor more
than $300.
A.
In addition to those acts prohibited under § 79-6, the following additional acts and conduct shall apply to the Skate Park:
(1)
A securely strapped, certified/approved helmet must be worn at all
times when skating or on the equipment.
(2)
Equipment is solely for the use of skateboards and/or rollerblades.
No bicycles, scooters, etc., are allowed within the fenced area.
(3)
No modification of the Skate Park equipment is permitted.
(4)
Only Pen Argyl Athletic and Park Association approved obstacles are
allowed with the fenced area.
[Added 6-2-2020 by Ord. No. 708; approved 6-2-2020]
A.
The provisions of this § 79-9 shall take effect immediately upon and during any declaration of emergency (hereafter "declaration"), declared for the Borough of Pen Argyl, either under the provisions of 35 Pa.C.S.A. § 7501 or 8 Pa.C.S.A. § 10A06(a).
B.
During such
declaration, the Mayor, pursuant to the provisions of 8 Pa.C.S.A.
§ 10A06, and subject to ratification, under that section
by vote of Borough Council, may take the following actions regarding
the Park:
(1)
Closing
the Park entirely or any portion thereof and forbidding any person
from being present in the closed portion and authorizing the fencing
of said closed area and posting of signs announcing said area is closed.
(2)
Limiting
the number of persons present in the Park, or any portion thereof,
at any one time, and prohibiting entry by anyone if that entry would
exceed the permitted number of persons present.
(3)
Requiring
that persons present in the park who are not of the same household
maintain a prescribed distance of at least six feet from one another.
(4)
Requiring
that persons present in the Park wear protective masks or face coverings
covering their nose or face, except for children under age two, or
anyone who has a medical condition rendering breathing difficult.
(5)
Limiting
the size of any one group in the park to no more than five people,
or such larger number as Council may designate.
(6)
Any
such restrictions, when imposed may be changed by order of the Mayor,
subject to ratification by Borough Council and in any event, shall
expire when the declaration of emergency declared by the Borough is
rescinded.
