[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-5-2020 by Ord. No. 794[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Rules and Regulations, of the 1993 Code, adopted 11-12-1975 by Ord.
No. 222, as amended.
The parks and playgrounds of Upper Allen Township are for the
benefit and pleasure of the entire public, and the rules and regulations
governing their use are established for the express purpose of providing
for the general welfare of persons using the parks and the public
as a whole. They shall apply to all persons who use the parks, playgrounds
and park-based facilities.
The Board of Commissioners may prescribe rules and regulations
for the use of the facilities, including, but not limited to, procedures
for the filing and approval of applications, and use of the facilities
or structures within the facilities. The Board may prescribe by resolution
charges for the use of said facilities. The Park and Recreation Board
shall make recommendations with respect to such rules and regulations.
As used in this article, the following terms shall have the
meanings indicated:
A group of five or more unrelated individuals or 10 or more
people (related or not) who use a park facility (example: pavilions,
fields, and playgrounds) in Upper Allen Township.
Includes all lands and waters (including bikeways and walkways),
whether owned or leased by the Township, which are designated by the
Board of Commissioners of Upper Allen Township to be for recreational
use.
The Township of Upper Allen, Cumberland County, Pennsylvania.
Any motorized device for carrying passengers or goods.
A thoroughfare constructed and designed for pedestrian traffic.
No person shall be in any park or on any trail during the hours
the Township facility is closed except as preapproved, in writing,
by the Township Manager or his/her designee. All parks are open from
sunrise to sunset, except areas lighted for evening use, which shall
close at the time posted at the specific park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any park, park amenity, park equipment or specified park area
may be closed during such hours as designated by the Board of Commissioners
of Upper Allen Township, Township Manager/Assistant Township Manager,
Chief of Police or Parks Director, and all persons found within the
parks or specified area of the park when it is closed shall be subject
to the penalties imposed by this article.
Park lands are public lands and shall not be put to use for
a personal garden, nursery, storage uses or other purely personal
uses.
The Board of Commissioners of Upper Allen Township may, at its
discretion, levy charges on nonresidents or residents, or both, for
use of park or playground facilities. Charges shall be determined
by the Board of Commissioners through resolution. Permits for events
in or on any Township land or facility shall be obtained by application
to the Township Manager or authorized designee. The Township shall
have the authority to charge a fee for any damage done either willfully
or accidentally by person(s) or organization(s) using any Township
facility.
These regulations apply to all motor vehicles within the parks,
except fire, police, emergency, Township vehicles or vehicles on official
Township business:
A.
Vehicle operation permitted on roadways and designated parking areas
only. All vehicles shall operate on the regularly designated roadways
and in parking areas only, and no vehicle may be operated on or through
any other area of the park, including, but not limited to, grass areas
or trails. Vehicles may be parked only in designated parking areas
B.
The legal speed limit shall be 15 miles per hour on all roadways
and parking areas.
C.
Vehicles weighing over 10,000 pounds shall not be permitted.
D.
Repair and maintenance of vehicles. Washing, greasing, lubricating,
or other maintenance or repair of vehicles on park property is prohibited
E.
Unlicensed motor vehicles shall not be permitted.
F.
All state and Township laws pertaining to vehicular use shall be
valid and enforceable.
G.
Current inspection sticker required.
H.
It shall be unlawful for any person to park a vehicle in any Township
park at any time other than during park hours.
I.
It is prohibited to park or store a vehicle in a Township-owned park
when not using the facilities of the park, unless written permission
is granted by the Township Manager or his/her designee.
J.
It shall be unlawful to land a private or commercial airplane or
helicopter on Township park lands. Emergency aircraft are exempt from
this prohibition.
K.
It shall be prohibited to operate or ride a wheeled device without
reasonable regard to the safety of others and property.
L.
Electric vehicle charging station parking spaces may be utilized
by electric vehicles that are actively charging. Any vehicle that
is not actively charging is subject to a fine. Any vehicle parked
at an electric vehicle charging station that is not charging four
(4) or more hours may be towed at the owner's expense. Cars may charge
for a maximum of eight (8) hours. Fees for charging electrical vehicles
will be established by the Township Fee Resolution.
M.
Parking is available on a first-come-first-served basis only. Parking
spaces/spots cannot be saved. Reservations at group areas do not include
reserved parking.
No person shall perform the following actions within the parks,
playgrounds or park-based facilities, unless specifically noted:
A.
Acts in violation of the Pennsylvania Crimes Code.
B.
Litter, dump or deposit any garbage or other offensive substance
or article, except in receptacles when provided. Where receptacles
are not provided, all such rubbish or waste shall be carried away
from the park by the person responsible for its presence and properly
disposed of elsewhere.
C.
Mark, deface, disfigure, injure, tamper with or displace or remove
any buildings, bridges, tables, benches, grills, railings, paving
or paving materials, waterlines or other public utilities (or parts
or appurtenances thereof), signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other boundary markers,
or other structures or equipment, facilities or park property, or
appurtenances whatsoever, either real or personal.
D.
All fireworks shall be prohibited on Township park land.
E.
No alcoholic beverage shall be brought into, possessed or consumed
in any park.
F.
Smoking or use of tobacco products, including vaping or e-cigarettes
or similar device, in any Township park.
G.
Throw, discharge or otherwise place or cause to be placed in the
waters, wetlands, any fountains, pond, lake, stream or other body
of water in or adjacent to any Township facility, or any tributary,
stream, storm sewer or drain flowing into same, any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of said waters.
H.
Construct or erect any building or structure of whatever kind, including
those for amusement, whether permanent or temporary, or run or string
any public service utility into, upon or across such lands, except
on special written permission of the Township Manager or his/her designee.
I.
All laws, rules and regulations pertaining to fishing in the Commonwealth
of Pennsylvania shall apply to fishing in recreation areas, and the
provisions thereof are hereby incorporated herein by reference thereto.
J.
Any fire or other burning, except for open fires in charcoal grills
or other facilities provided for such purpose.
K.
Walk a dog or other domestic animal without a leash, said leash to
be no longer than six feet in length. All dogs or domestic animals
must be under control and must not be allowed to run at large. Further,
any person(s) who is accompanied by a dog or other domestic animal
while on or in a Township facility shall, in addition to any fine
or penalty as hereinafter set forth, be liable for any injury to people
or other domestic animal caused by the dog or animal and further shall
indemnify the Township as hereinafter set forth. Domestic animals
are permitted only in designated areas and specifically not allowed
in buildings, on playgrounds or athletic fields. Owners must provide
for and clean up after their dogs accordingly. This provision shall
not apply to service animals when accompanying individuals with disabilities,
as defined by the Americans with Disabilities Act (ADA).[1] This rule shall not govern the use of the Township dog
park, where the special site rules will apply.
[1]
Editor's Note: See 42 U.S. C. § 12101 et seq.
L.
Hitting of golf balls or playing of golf in the parks.
M.
No unmanned motorized vehicle (example: drones, model airplanes,
model helicopters, remote-controlled cars, etc.) may be taken off/launched
from, landed at or operated (both remotely or within) at any Township
park facility or lands by any private, commercial, business person
or entity.
N.
Possession, discharge or transportation of weapons or paintball guns,
airsoft guns, BB guns, fireworks, firecrackers or similar propelling
explosives, bows and arrows and sling shots. The prohibitions under
this subsection do not apply to otherwise lawful possession, discharge
or transportation of firearms as protected by state and federal law
O.
No person shall damage, cut, carve, uproot or injure any tree, or
injure the bark or pick the flowers or seeds of any plant in any park;
nor shall any person attach any rope, wire, nail, tacks, staples or
other contrivance to any tree or plant in any park; nor shall any
person dig in or otherwise disturb grass areas or in any other way
injure or impair the beauty or usefulness of any park.
P.
Hunting or trapping of live animals or wildlife; capturing, harassing,
injuring of wildlife.
Q.
Camping, sleeping overnight on the ground or anywhere else within
the park.
R.
No person shall post, paint, affix, distribute, deliver, place, cast
or leave about any billboard, placard, ticket, handbill, circular
or advertisement.
S.
Sell any article, food or service within the limits of the park;
or distribute, sell, service or rent any services or commodity or
solicit for any purpose without written permission of the Township
Manager or his/her designee.
T.
Play, engage or take part in any game or competitive sport for money
or other thing of value.
U.
Ice skating.
V.
No chewing gum, food, beverages (excluding water), or cleats of any
kind are permitted in the inclusive playground areas (currently Winding
Hill Park North)
W.
Swimming is not permitted in any Township-owned waterway or body
of water. No use may be made of these waters which may contaminate
them.
X.
Skateboarding, in-line skating, roller skating, scooters and bicycling
are prohibited in all pavilions, courts (basketball/tennis), playgrounds,
and picnic areas.
Y.
Use of nails, tacks, screws, or any other item that will result in
holes in the pavilions or other park equipment is prohibited.
When amplifying or sound systems are used, they may only be
used between the hours of 10:00 a.m. to 8:00 p.m., Monday through
Saturday, and 1:00 p.m. to 7:00 p.m. on Sunday. Music amplified or
played through a sound system shall be limited to a maximum of four
hours in a day.
A.
It shall be unlawful for any person to enter upon any Township park
facility before the opening hours or remain in such facility after
closing.
B.
It shall be unlawful for any person, knowing that he/she is not licensed
or privileged to do so, to enter upon any Township park facility after
having been duly notified, either verbally or in writing, that he/she
is not permitted to enter upon such facility at any time.
C.
No person shall enter or leave a park except by the entrances and
exits provided for such purposes.
A.
Facilities and areas in Township park sites shall be used for the
purposes designated or implicit in their character. Scheduled use
of park facilities, including, but not limited to, organized and unorganized
instruction, exhibition, competition, or demonstration, shall require
a facility use permit prior to such events being conducted.
B.
A facility use permit is required for use of any field, pavilion
or park amenity by an organized group, association, or organization.
Whenever any organized group, association or organization desires
to use a park, playground or park facility, a representative thereof
shall first obtain authorization from the Township Manager or his/her
designee. Authorization shall be granted to such a group if it appears
that its use will not interfere with the general use of said facilities
by individual members of the public. Fund-raising events shall be
permitted only when monies derived from such events are solely used
by not-for-profit organizations to benefit the Upper Allen Township
community. Park users who have been issued permits will have priority
of use of the facility for which their permit has been issued. Permits
shall not be transferable without written consent of the Township
Manager.
C.
Athletic field facilities are for the general use of the public for
nonorganized activity at no cost to the users on Monday through Friday,
9:00 a.m. to 4:00 p.m., exclusive of holidays. Permits are required
for the exclusive use of athletic fields for both organized and nonorganized
activity at all other times. Permits may be issued to applicants for
times within the general use period, with those permit holders having
priority of use during those times.
D.
Holders of permits for an athletic field or pavilion shall have priority
of use for the facility listed on the permit. Those individuals who
do not have a permit for the facility should vacate at the request
of the permit holder. Nonpermit use of athletic fields is only permissible
during the described general use period and if the permit-holding
group is not present. Failure to vacate a facility at the permit holder's
request may result in fines and penalties under this section. If a
park pavilion or park amenity (excluding athletic fields) is open
and not reserved, it may be used on a first-come-first-served basis
by non-organized groups.
E.
Upper Allen Township reserves the right to deny an application for
a facility use permit if, in the opinion of the Township, the use
would endanger the health, safety and welfare of the public. If the
entire application is not denied, Upper Allen Township reserves the
right to deny or approve certain activities requested by the user.
F.
Approved users of parks and facilities will be provided a copy of
the signed permit application from the Township. Users will also be
provided a copy of the Upper Allen Township Parks and Facilities Rules
of Use. The signed permit and rules form should be maintained by the
user or group contact during the time of the event at the park or
facility.
G.
The Township may require that a police officer or officers be present
at a park event depending upon the type of activity proposed by the
applicant. The applicant would be required to pay for that police
service as established by the Township Fee Resolution.
H.
The Township Manager or his/her designee shall have the authority
to revoke a permit upon a finding of violation of any rule or provision
of this Code, or upon the violation of any condition or restriction
under which the permit was issued.
The use of picnic tables outside of reservable pavilions are
available on a first-come-first-served basis with no reservation or
extra fee required. No more than two (2) picnic tables and the immediate
area around those tables can be used by a single group. A responsible
adult with picnic items must be present to hold a picnic table. Reservations
of a designated reservable pavilion are required for groups that want
more than two tables. Picnic tables within the parks may not be rearranged
or removed.
A.
Organized sports groups, special use permit holders and professional
or business organizations must provide liability insurance coverage
at a minimum amount set by the Township Manager or his/her designee.
All certificates of insurance must provide for written notice of cancellation,
revocation or modification prior to the date of the event(s).
B.
All insurance certificates shall be originals and list Upper Allen
Township as an additional insured. All certificates must be signed
by a licensed insurance broker or insurance company representative.
Sublimits shall not be less than the per-occurrence limit amount required.
C.
Insurance certificates must be received in the Upper Allen Township
Municipal Building prior to the close of the last business day before
the first date of park, field, or facility use requested by the organization
or group's first event. Failure to provide the insurance certificate
automatically voids the approved, permitted use of the park, field,
or facility by the requesting individual or group.
A special use location, for instance walking paths, bike routes,
bikeways and dog parks, may have special rules and regulations as
determined by the Board of Commissioners of Upper Allen Township which
shall apply to that location only. Rules for those sites will be posted
at the entrance to the special use sites.
Exception to the foregoing rules can be made only where and
as directed, and to facilitate maintenance and emergency responder
performance, by the Board of Commissioners of Upper Allen Township.
A.
Any person apprehended violating any of the foregoing rules and regulations
may be expelled from the park or playground by Township Police and
shall be responsible to restore or make restitution to the Township
for any damage caused by him or her.
B.
Any person, firm, organization or corporation who shall violate any
provision of this article, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $50 nor
more than $1,000 plus the cost of prosecution for each and every offense,
plus the cost of all damages inflicted upon Township property, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
