[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.
(3) 
To horseback ride.
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.