[Ord. 152, 8/16/2000, § 1.00]
This Part shall be known and may be cited as the "East Vincent
Township Park Code."
[Ord. 152, 8/16/2000, § 2.00]
To create an atmosphere conducive to the enjoyment of, and to
protect the substantial public investment in, East Vincent Township's
parks.
[Ord. 152, 8/16/2000, § 3.00]
For the purpose of this Part, all words used in the present
tense include the future tense. All words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise. The word "shall" is mandatory and not directory.
[Ord. 152, 8/16/2000, § 4.00]
DIRECTOR OF PARKS
The member of the Township Board of Supervisors so designated
or his or her authorized representative.
PARK
Any park, reserve, playground, recreation grounds, swimming
pool, watershed, or other place whatsoever owned and operated by East
Vincent Township and devoted to active or passive use, whether within
or without the corporate limits of East Vincent Township.
PERMIT
The written authorization on completed Township application,
issued by the Director of Parks, to conduct activities governed by
this Part.
PERMITTEE
A person to whom a permit may be issued.
PERSON
Any individual, firm, partnership, corporation, or association,
or any agent, assistant, employee, or representative thereof.
TOWNSHIP
East Vincent Township, Chester County, Pennsylvania.
[Ord. 152, 8/16/2000, § 5.00; as amended by Ord. 185, 8/2/2006; and by Ord.
228, 4/1/2015, §§ I,
II]
1. It shall be unlawful for any person to do any of the acts hereinafter
described within the limits of any park of East Vincent Township:
A. General Uses and Activities.
(1)
To break, cut, defect, disturb, injure, move, or remove any
flowers, fruit, plant, tree, shrub, bench, table, apparatus, public
sign, notice, or property.
(2)
To gather, move, or remove any wood, turf, grass, soil, rock,
sand, or gravel.
(3)
To hunt for, shoot at, chase, catch, or kill or to attempt to
shoot at, chase, catch, or kill, with or without dogs, any bird or
animal.
(4)
To throw stones or projectiles, except in connection with recognized
sports activities.
(5)
To throw or discard aluminum or tin cans, bottles, glass, paper,
rubbish, waste materials, or litter of any description except in the
containers provided by the Township for the deposit of such items.
(6)
To dump or discard any refuse, junk, dead animal, or offensive
matter of any kind.
(7)
To post or erect any party balloons, banners, bills, notices,
or advertising matter of any kind without express written permission
of Township.
(8)
To sell or offer for sale any merchandise, food, article, or
thing whatsoever, without a permit.
(9)
To violate any posted rules or signs for, or to misuse, any
park, picnic area, play field, swimming pool, water body, or other
recreational area.
(10)
To engage in camping, archery, golfing, horseback riding, or
any game, sport, or race except upon such grounds and areas, and at
such times, as are specifically designated for such activities.
(11)
To have any meeting or gathering, assembled through advertisement
or public notice, or any gathering otherwise assembled, composed of
25 or more people, within the limits of the park, without a permit.
(12)
To have any parade, ceremony, or any musical, theatrical, or
other entertainment event without a permit.
(13)
To trespass onto Township property not open to the public, or
into any construction area, building, etc.
(14)
To deface, graffiti, or damage park property including but not
limited to, buildings, pavilions, markers, monuments, equipment and/or
disturbing or removing wildlife or vegetation.
(15)
To have any event or activity which would include animal rides
(except for horseback riding as set forth above), mechanical rides,
hot air balloons, or bonfires or any other event which may create
a danger or risk because of the inherent nature of the activity, without
a permit.
(16)
To carry or have any glass beverage bottles.
(17)
To engage in any disorderly conduct, such as intoxication, indecent
language, excessive noise or indecent actions.
B. Gaming. To engage in any unlawful gaming.
C. Use of Alcoholic Beverages and Controlled Substances.
(1)
To consume, drink, or have possession or custody of any malt
or brewed alcoholic beverages or vinous or spirituous liquors except
where a valid Commonwealth of Pennsylvania Liquor Control Board license
is displayed.
(2)
To possess or to be under the influence of any illegal drug
or controlled substance.
D. Use of Fireworks, Weapons.
(1)
To carry, have, or discharge air or spring rifles or slings.
(2)
To carry, have, or use any explosives other than fireworks.
(3)
To carry, have, or use any fireworks without a permit.
(4)
To possess a knife, hatchet or ax unless present for an appropriate
use while engaged in camping.
E. Use of Vehicles or Motor Vehicles, Bicycles, or Skateboards.
(1)
Except upon areas and at time specifically designated for such
purposes, to operate a licensed or unlicensed motor vehicle of any
type, to operate a bicycle, pedalcycle, scooter, ski/snow mobile,
or cart, or to roller skate or use a skateboard.
(2)
To stand or park any vehicle, except at those places designated
thereof.
(3)
To operate a motor vehicle of any type above the maximum speed
limit of 10 mph. All vehicles are prohibited from unauthorized areas.
No person shall park outside of designated areas or park in such a
way as to block any fire lane, fire trail, camp site road, maintenance
road, boat ramp or bike/hike trail.
F. Pets and Livestock. Pets and livestock of any kind are prohibited
from being in any park.
G. Use of Fire.
(1)
Fires (charcoal) are permitted only in a Township-owned nonportable
fireplace, picnic grill, or stove designed specifically for the cooking
of food within designated areas.
(2)
To smoke in areas where forbidden by signs.
(3)
To discard lighted matches, cigars, or cigarettes or any other
lighted material.
(4)
To use or operate any device that uses combustible fuel, including
lanterns, stoves, heaters, or the like, except within designated areas.
H. Use of Bodies of Water: Fishing, Boating, Swimming, Wading, Floating,
Ice Skating.
(1)
To fish at any time or at any place except in the Schuylkill
River, French Creek, or Mill Pond.
(2)
To use a powerboat upon any body of water except the Schuylkill
River.
(3)
To use boats of any kind upon any body of water except the Schuylkill
River and designated sections of French Creek.
(4)
To launch any type of boat or craft onto the Schuylkill River
or French Creek from the banks of the Township-owned or controlled
waterfront except at designated launch areas.
(5)
To ice skate or ice fish in or upon any body of water, unless
officially posted for such purposes.
(6)
To bathe, swim, wade or float in or upon any body of water,
except at designated areas.
I. Use of Bike Trails.
(1)
To operate any licensed or unlicensed motor vehicle (including
but not limited to motor bikes, mopeds, motorcycles, and ski/snow
mobiles).
(2)
For the operator of a pedalcycle or a bicycle not to yield the
right-of-way to pedestrians.
J. Use of Hiking Trails.
(1)
To operate any motor vehicle (including but not limited to motor
bikes, mopeds, motorcycles, and ski/snow mobiles).
(2)
To use or operate pedalcycles, bicycles, skateboards, roller
skates, wagons, carts, or other similar recreational devices, unless
officially posted otherwise.
(3)
To horseback ride, unless officially posted otherwise.
K. Time of Use. To be present therein for any purpose whatever between
dusk to dawn except with a permit. This prohibition shall not apply
to municipal personnel engaged in the performance of their duties.
L. Official Use.
(1)
None of the above regulations shall preclude East Vincent Township,
or its agents or employees, from operating motor vehicles, motorized
boats, or maintenance equipment, entering bodies of water, engaging
in controlled burning, posting signs and notices, bearing arms, or
conducting any other activities in pursuance of their duties.
(2)
From time to time, the Board of Supervisors may waive the regulations
of this Part and designate temporary uses or activities as they relate
to special and scheduled ceremonies or events or recreational activities.
M. Special Events/Activities.
(1)
A permit for an event in the park and use of its facilities,
including but not limited to pavilions, is required.
(2)
A permit issued for an event shall not substantially conflict
with any normal recreation activity carried on by the public within
the Township park boundary.
(3)
The park and facilities administered by the Township benefit
all Township residents and visitors by providing for outdoor recreation
pursuits.
(4)
The parks and facilities are not intended for league level use
by groups or organizations, nor are they maintained for such purposes.
N. Permits.
(1)
All permits issued by the Township shall be subject to the rules
and regulations set forth herein, and persons to whom such permits
may be granted shall be bound by said rules and regulations as fully
as though the same were inserted in said permits.
(2)
The Township reserves the right to accept or reject any application
for the use of its parks and facilities which it considers to be inappropriate
to public land and the conservation of resources therein contained.
(3)
Should an event for which a permit is issued be postponed due
to inclement weather or other reasons, a new date may be agreed upon
by the permittee and the Park Director or their appointed delegates.
(4)
The permittee agrees to clean up any debris and to be responsible
for repairs to Township property resulting from permittee's activities,
or caused by the permittee's individual participants in the event,
or by spectators.
(5)
The rules and regulations of the permit shall remain in effect
until the event has been completed and the premises have been inspected
and approved by the Park Director or its appointee.
(6)
Township reserves the right to accept or reject any application
for the use of its parks and facilities which is felt to be inappropriate
to public land and the conservation resources there contained.
(7)
Any permittee to whom such permits may be granted shall be liable
for any loss, damage, or injury sustained any person or property,
at any time, as a consequence of the permittee's activities, or presence
on the park property.
(8)
As a condition of issuing a permit, the Township may require
a permit applicant to secure liability insurance, to post bond, or
to make any other guarantees the Township considers reasonable.
(9)
It shall be unlawful to conduct any activities for which a permit
is required without first securing a valid permit to conduct such
activities.
(10)
It shall be unlawful to make any alteration to a permit.
O. Rental Charges and Service Fees.
(1)
The Township Board of Supervisors shall establish a schedule
of fees for the use of the park and its facilities which shall be
available at the Township Business Office. Rental charges are defined
as fixed charges for the use of the park and its facilities and additional
charges for the use of specialized equipment. Service fees are defined
as labor costs for custodial and operator services.
(2)
Special events and activities as determined by the Township
shall be charged for on-site custodial supervision and services according
to the fee schedule.
P. Indemnification from Injury.
(1)
All park visitors, users and permittees agree to indemnify,
defend, and hold harmless East Vincent Township, its agents, employees,
servants, successors, and assigns from any and all claims and losses
accruing or resulting to any person, or property in connection with
the usage of the park and its facilities.
Q. Penalties and Fines and Violation. Any person who shall violate or
fail to comply with the provisions of this Part, or any regulations
made thereunder, 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 more than $1,000 plus costs
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 Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 172, 5/7/2003, § 1; as amended by Ord. 194, 2/6/2008, §§ 1, 2]
1. The following procedures are hereby established and shall be observed
by the Township when reviewing open space property interests considered
for acquisition by the Township, for rating the relative desirability
of interests in particular parcels, and for establishing the price
it will pay for said interests.
A. When an interest in open space property is offered to the Township
for acquisition, or otherwise comes to the attention of the Board
of Supervisors for acquisition by the Township, the Township Secretary
shall complete the Criteria for Evaluation of Property attached hereto
as Exhibit "A" for the subject property and submit it to the Board
for its review. Exhibit "A" sets forth the present criteria, but may
be amended by the Board by resolution from time to time.
B. The Board of Supervisors shall determine if the acquisition is within
the expressly permitted purposes set forth in the Open Space Lands
Acquisition and Preservation Act, 32 P.S. § 5001 et seq.
and as authorized by the referendum, i.e., to preserve and protect
farmlands, parklands and natural, historic and scenic resources, and
to otherwise secure open space benefits.
C. Based upon the criteria for evaluation of property, if the Board
of Supervisors determines that the subject property is desirable for
acquisition, then the Board of Supervisors shall obtain at least one
appraisal of the subject property by a person authorized to perform
an appraisal under the Real Estate Appraisers Certification Act, 63
P.S. § 457.1 et seq., and the Board may, but is not obligated
to, require that an environmental impact statement be prepared, indicating
the potential liability of the Township for any environmental problems
associated with the property to be purchased. The person making the
appraisal shall not be interested directly or indirectly in any aspect
of the sale of the property.
D. The price paid by the Township for the purchase of the property interest
shall not exceed the price established by the appraisal; provided,
however, that if more than on appraisal is obtained, the purchase
price paid by the Township shall not exceed the average of the appraisals.
E. The property shall be designated for open space uses in a resource,
recreation or land use plan recommended by the Township Planning Commission
and adopted by the Board of Supervisors.
F. A public hearing shall be held before any property interests may
be acquired. Notice must be given to all owners of said interests
in real property and to any local government unit in which land is
situate. At the hearing the Township shall set forth the interests
to be taken and their proposed open space benefits. At the hearing
person and municipalities affected by the proposed acquisition of
interests shall have an opportunity to present relevant evidence.
G. If the owner of the interests in real property to be acquired prefers
to have the Township acquire the property in fee simple, the Township
shall be required to acquire the property in fee simple.
H. The Board of Supervisors, in its discretion, may authorize the establishment
of a program to purchase open space property interests on an installment
or other deferred basis. The Township's obligation to make payments
on such basis shall not be subject to the requirements of § 602(b)
or (c) of the Local Government Unit Debt Act. A landowner who enters
into an installment agreement with a local government unit shall receive,
in addition to the selling price, interest in an amount or at a rate
set forth in the purchase agreement.
I. If transferable development rights are acquired by the Township,
they may be disposed of in any manner recommended by the Township
Planning Commission and adopted by the Board of Supervisors.
J. The purchase agreement, the deed, the deed of transferable development rights, restrictive covenants and/or conservation easements, as applicable, shall be suitable in form and substance to the Township Solicitor, and shall comply with all applicable provisions of the Township Zoning Ordinance. [Chapter
27].
K. When the Township acquires an interest in real property, it shall
establish and maintain a repository of records of the interests in
real property acquired. It shall also record each interest in real
property acquired by it in the office of the Recorder of Deeds.
L. The Township shall submit to the school district within which the
property is located a copy of the deed reflecting the open space property
interest acquisition certified by the County Recorder of Deeds.