[Adopted 5-6-2020 by Ord. No. 2020-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Rules and Regulations, adopted 9-20-2017 by Ord. No. 2017-05.
Except where the context clearly indicates otherwise, the following
terms as used in this article shall have the following meanings:
A vehicle propelled solely by human-powered pedals with two
wheels in tandem to the rear wheel by a chain, and having handlebars
for steering and a saddle-like seat. The term does not mean a three-wheeled
human-powered pedal-driven vehicle with a main driving wheel 20 inches
in diameter or under, and primarily designed for children six years
of age or younger.
The County of York, Pennsylvania.
The York County Department of Parks and Recreation.
The Director for the York County Department of Parks and
Recreation, as designated by the York County Board of Commissioners.
Any weapon which is designed to or may readily be converted
to expel any projectile by the action of an explosive, the frame,
receiver, air, or any other force, or any such weapon, which includes,
but is not limited to, revolvers, pistols, shotguns, rifles, air rifles,
air guns, water guns, bows (re-curve, compound, cross and straight)
or other weapons (i.e., sling-shot) that discharges projectiles (missiles/rockets
- air, water, fuel-powered).
Unless specifically limited, shall be deemed to include any
lands or facilities owned or leased by the County and designated or
used by the County for park or recreational purposes.
All duly sworn in members of the Park Rangers Division.
A vehicle weighing not more than 100 pounds with two or three
wheels more than 11 inches in diameter, manufactured or assembled
with an electric motor system rated at not more than 750 watts (1
horsepower) and equipped with operable pedals and capable of a speed
not more than 20 miles per hour on a level surface when powered by
the motor (with pedal assist). The term does not include a device
specifically designed for use by persons with disabilities. Class
1 e-bikes are pedal-assist only, with no throttle, and shall be permitted
in specified areas.
Any written authorization issued by or under the authority
of the Director for the York County Department of Parks and Recreation.
Any natural person, corporation, organization, company, association,
partnership, government, governmental subdivision, agency, or any
other legal or commercial entity.
Any rules and regulations hereby or hereafter promulgated
by the Board of Commissioners of York County or its designated department
(York County Department of Parks and Recreation) as well as the York
County Code. The Parks Director may exempt any of these rules and
regulations under written permission. Additional management policies
and procedures are maintained at the York County Department of Parks
and Recreation and available for public review.
Any permanent and/or temporarily posted or displayed flyer,
placard, poster, advertisement, etc., on the exterior of enclosed
buildings or open spaces and the interior and exterior of open buildings,
such as pavilions and gazebos. Signs shall also include, but are not
limited to, postings on bulletin boards, directional signs, roadway
signs and points of interest.
An Advisory Board appointed by the York County Board of Commissioners, which operates pursuant to the Code of York County, Chapter 423, adopted December 31, 1996, Parks and Recreation, Advisory Board of.
The Director is authorized to act as the agent of the County
with respect to implementing the terms and conditions of leases and
agreements of the park system. This authorization does not include
executing new or amending existing leases or agreements.
A.
Any person may use all areas and facilities within the park system,
subject to any restrictions or limitations contained herein, which
are not designated as reserved by permit granting exclusive use or
designated for a specific purpose, which is contrary to the activity
in which the person is participating.
B.
A rental permit is required to reserve and use a park-designated
space.
C.
A special events permit and special events agreement is required
to reserve and use a park-designated space for, but not limited to,
the following activities: bounce houses, tents, canopies, pony rides,
petting zoos, rallies, competitive and fundraising events. All special
events shall also be subject to the requirements and restrictions
set forth in any applicable policies and procedures as established
and approved by the Director. Special events permits shall be valid
for no more than 60 days of issuance, and in no event shall any permit
or special events agreement be valid after December 31 of each year.
D.
An application for a permit shall be made upon the official forms
of the Department and shall be accompanied by the required fee, as
established and approved by the Director.
(1)
Any applicable rental fee shall be waived for use of the park system
by a County-related department. This exemption does not apply to individual
County employees. All other rules and regulations related to the use
of the park system will apply.
E.
Application for a permit may be made at the Department office or
other designated locations. Applications must be in the Department
office well in advance of the requested permit or as specified. In
the event more applications for reservations are received than space
is available, such applications shall be considered in the order they
were received by the Department.
F.
No person under the age of 18 years of age shall be issued a permit
for the use of the park system from sunset of one day to sunrise of
the following day unless accompanied by a person 18 years of age or
older.
G.
Permit holders must comply with all rules and regulations governing
the use of the park system, including, but not limited to, leaving
the rented space in a clean condition.
H.
The holder of a permit shall be held responsible for the actions
and conduct of all persons using the park system under his/her permit.
I.
The Department may revoke any permit at any time by the Director
or his/her designee or a Park Ranger in the field for just cause arising
from violations of the permit, applicable park rules, or the safety
of park system visitors.
J.
Immediately following departure from a reserved space, the Department
shall conduct an inspection of the space and surrounding area. The
permit holder shall be held responsible for any debris removal and
destruction incurred and, therefore, will be obligated to cover the
full cost of damages (including manpower).
K.
It shall be unlawful for any person to use the park system in a manner
for which a permit is required except through the grant of a permit
and payment of the applicable fee.
L.
Unless a permit is issued that provides exclusive use of a defined
area, the park system is available on a first-come, first-served basis.
M.
It shall be unlawful for any unauthorized person to charge any other
person for the use of the park system.
N.
Use of sport fields without reserving a facility is prohibited. The
approval process will proceed pursuant to the applicable policies
and procedures.
O.
No person shall install equipment, make any alterations or adjustments
to existing equipment of facilities, or erection, construction or
maintenance above or below ground, across or beneath the park system.
P.
Engaging in commercial activity within the park system is strictly
prohibited.
A.
It shall be unlawful to install, move, remove, damage or deface a
sign.
B.
The Director shall approve all signs within the park system prior
to posting or installation, whether owned or rented, with the following
exceptions:
(1)
Temporary maintenance signs, such as but not limited to "wet paint,"
"area closed" and "caution."
(2)
Temporary signs posted at picnic areas giving directions to a specific
group, such as "Smith picnic." All temporary signs shall be removed
by the permit holder when the related activity is completed.
C.
No person shall disobey a posted or displayed sign.
No person shall:
A.
Cut, break, mark upon or otherwise damage any building, equipment,
vehicle, trailer, boat, materials, bridge, drain, wall, fountain,
lamppost, fence, railing, gate, hedge, roadway or highway or other
structure or installation within the park system.
B.
Willfully destroy, deface, alter, change, or remove any monument,
stone marker, signs, whether permanent or temporary, benchmark, stake,
post or blazed trail, marking or designation of any boundary line
or survey line within the park system.
C.
Remove any bench, seat, table or other appliance or any item of property
within the park system.
D.
Deface, destroy or remove any placard, notice or sign, whether permanent
or temporary, posted or exhibited within or upon the park system.
E.
Appropriate, excavate, injure, remove or destroy any historical,
archeological artifact, relic, object or prehistorical ruin or any
object of antiquity within the park system without the prior express
written permission of the Director.
F.
Play or other activities on wet ground within the park system in
a manner injurious to the turf or any surface that would result in
damage.
G.
Excavate, alter, change or disturb stream flow and habitat structures
within the park system.
No person shall:
A.
Enter or attempt to enter upon any grounds within the park system
that have been posted by the Department with "no trespassing" or "special
wildlife" signs or any sign that would indicate that the area is not
open to the general public.
B.
Obtain or attempt to obtain access to any building, box, vehicle,
fenced-in or enclosed area or facility within the park system that
is locked or prominently marked as not being open to the public or
designed to exclude intruders.
C.
Enter upon or disturb any construction or equipment within the park
system except authorized personnel within the park system.
D.
Re-enter onto the park system after written notice by certified mail
(return receipt) by the Chief Park Ranger due to violating rules and
regulations or due to unwanted or nuisance behavior.
E.
Create a private access from/to the park system.
No person shall:
A.
Cut, remove or destroy any tree, sapling, seedling, bush or shrub,
whether alive or dead; or chip, blaze, box, girdle, trim or otherwise
deface or injure any tree or shrub, or break or remove any branch,
foliage, tree or shrub, or pick, gather, uproot, remove or destroy
any flower, plant or grass.
B.
Remove, or cause to be removed or dig any sod, earth, humus, peat,
boulder, rock, gravel, soil or sand.
C.
Plant any tree, shrub, plant or new harvested branch or portion of
a tree, shrub or plant.
A.
No person shall:
(1)
Willfully set, or cause to be set, a fire in any building, equipment,
vehicle, structure, tree, woodland, brushland, grassland or meadow
within or upon the property of the park system.
(2)
Build any fire within the park system, except within the fireplaces
approved and designated by the Director, for such purpose. All fires
shall be of charcoal or wood.
(3)
Drop, throw or otherwise scatter lighted matches, burning cigars,
cigarettes, tobacco paper or other flammable material within or upon
any property of the park system, except in appropriate receptacles.
(4)
Use charcoal grills except at existing grill sites within the park
system.
(5)
Use gas grills or gas stoves except in pavilion areas and at individually
provided picnic tables within the park system.
(6)
Use lighted candles within the park system.
(7)
Use or release Chinese lanterns or any other type of flammable and
nonflammable luminaires within the park system.
(8)
Smoke cigarettes, cigars or other flammable and/or smokable materials,
including from a vaporizer, within park system's enclosed buildings
or outside during a burning ban enacted by local, county or state
governments.
B.
Any permissible fires must be attended at all times by a competent
person, 18 years of age or older. All fires must be thoroughly extinguished
before leaving the area.
A.
No person shall:
(1)
Pursue, catch, attempt to catch, strike, molest, wound or kill any
bird, animal or reptile or any nest, lair, den, burrow or the like
of any animal; except, such limited areas which the Department may
from time to time designate as authorized hunting and fishing areas.
(2)
Hunt, fish or trap except in accordance with the laws of the State
of Pennsylvania and as authorized by the Department.
(3)
Permit his/her dog or other pet to pursue, catch, wound or kill any
bird, animal or reptile or to disturb the nests, dens, home or place
of refuge of any other animal or bird.
(4)
Drive or pursue any wild bird or animal from the confines of the
park within the park system.
B.
All persons must clean up any fecal matter deposited by his/her pet
in all areas of the park system.
A.
No person shall:
(1)
Hunt, trap, catch, wound or kill, treat cruelly or attempt to trap,
catch, wound or kill any bird or animal, nor allow his/her dog or
other pet to do so, except in regulated shooting grounds, fields or
training areas opened to hunting and trapping by the Department. Such
areas are to be closed to all other park use and will be run in compliance
with state laws.
(2)
Hunt or pursue any bird or animal that has been wounded or injured
outside the park system and has taken refuge within the park system,
without notifying a Park Ranger within the park system prior to entry
upon the park system.
(3)
Molest or rob any nest of any bird or any lair, den or burrow of
any animal in or upon any land or waters within the park system.
(4)
Spotlight wildlife within the park system while in the possession
of a firearm, except by individuals possessing a license to carry
a firearm permit and only with firearms authorized by that permit
(most sporting firearms are not authorized), bow and arrow or other
devices capable of killing wildlife.
(5)
Spotlight wildlife within the park system during regularly scheduled
statewide antlered and antlerless deer seasons, including those days
separating the seasons.
(6)
Cast an artificial light upon any building, person, animal or photoelectric
cell within the park system.
B.
The Director may, from time to time, designate limited areas in which
hunting and trapping will be allowed in the park system; provided
that fishing and hunting will be permitted within or upon the park
system in accordance with the laws of the Commonwealth of Pennsylvania,
the rules of the Pennsylvania Fish and Boat Commission and the Pennsylvania
Game Commission in such areas designated for such purposes. A York
County parks hunting permit is an agreement between parks and an approved
hunter to follow the rules and regulations of the parks (including
abiding by the PA game laws). A violation of any of the foregoing
regulations will be a direct violation of this section.
C.
No person shall hunt on County property without first receiving a
County parks hunting permit issued and authorized by the Director.
An application for a County parks hunting permit shall be made upon
the official forms of the Department as established and approved by
the Director. A current and valid Pennsylvania hunting license, and
proof thereof, shall also be required for any person to legally hunt
or trap within the park system.
D.
No person shall disobey the rules and regulations of the current
York County parks hunting permit.
E.
Hunting within the park system is strictly prohibited on Sundays.
F.
Use of high-power rifles within the park system to hunt is prohibited.
All game, animals, fowl, birds, fish, and other aquatic life hunted, killed, taken or destroyed, bought, sold, bartered or had in possession, contrary to any of the provisions of these rules and regulations, and the same declared to be contraband, shall be subject to seizure and confiscation and shall be disposed of in accordance with the Pennsylvania Game Commission or Pennsylvania Fish and Boat Commission for disposal. Refer to § 75-11 for approved possessions.
A.
Except as provided by sections related to parking and operation of
motor vehicles in specific park areas, the Motor Vehicle Code, Pennsylvania
Title 75, will govern operation of motor vehicles on all park roadways.
B.
No person shall:
(1)
Operate a motor vehicle within the park system and stop, stand or
park said vehicle upon any roadway or in any parking area in such
a manner as to form an obstruction to traffic thereon or to block
the exit or removal of another vehicle.
(2)
Park any motor vehicle within the park system in any area that is
designated as a prohibited parking area.
(3)
Operate or park any motor vehicle within the park system with an
invalid or expired inspection certificate and/or registration.
(4)
Operate a motor vehicle within the park system and stop, stand or
park said vehicle in any place marked as a passenger or loading zone,
other than for expeditious loading and unloading of passengers or
for the unloading and delivery or pickup and loading of materials.
(5)
Park a motor vehicle within the park system in such a manner as to
take up more than one designated parking space unless approved by
a Park Ranger.
(6)
Park any motor vehicle within the park system in an identified ADA
parking space without proper certification.
(7)
Operate or park any motor vehicle within the park system on the grass
except in designated areas.
(8)
Operate a motor vehicle of any kind or nature (including unlicensed
and unregistered by the Commonwealth of PA) within the park system
except on roads or designated parking areas.
(9)
Operate a motor vehicle on any road within the park system at a speed
exceeding 25 miles per hour or at any speed greater than that posted.
(10)
Operate any motor-driven sled, toboggan, snowmobile, all-terrain
vehicle (ATV) or motorbike within the park system.
(11)
Operate motor vehicles within the park system with a pull-behind
trailer within a posted (restricted) area.
(12)
Operate commercial motor vehicles within the park system, unless
providing authorized services. Specifically, no tractor-trailer or
any commercial motor vehicle, except a bus or buses that are used
to gain access to the park system, shall be brought upon the premises.
(13)
Operate any motor vehicle within the park system while under
the influence of intoxicating liquor or narcotics, drugs, barbiturates
or any derivatives of barbiturates.
(14)
Operate a motor vehicle within the park system while his/her
license to operate has been suspended or revoked.
(15)
Operate a motor vehicle within the park system without having
a valid operator's license, automobile registration certificate
and valid certificate of inspection displayed on the vehicle.
(16)
Operate any motor vehicle within the park system, including,
but not limited to, any area designated for the parking of vehicles,
in a careless or negligent manner likely to endanger any person or
property.
(17)
Operate a motor vehicle within the park system in a speed contest
or for the purpose of making a speed record, including that commonly
known as a "drag race," whether from a standing start or otherwise.
(18)
Abandon any motor vehicle and/or equipment and/or personal property
within the park system.
(19)
Operate a motor vehicle within the park system and stop, stand
or park said vehicle in such a manner as to block any fire trail,
campsite road, maintenance road, boat ramp, or bike/hike/horse trail.
(20)
Park a motor vehicle in any area restricted for vehicles equipped
with boat trailers.
(21)
Fail to yield the right-of-way to any person riding a horse,
hiking and biking on marked trails where such trails cross streets
or roadways within the park system.
(22)
Wash or make mechanical repairs on motor vehicles within the
park system except in an emergency.
No person shall:
A.
Ride, lead, cause or suffer a horse to be upon the park system, except
in specifically designated parks and on park trails.
B.
Ride a horse within the park system in a careless, negligent or reckless
manner so as to create a nuisance or to endanger the life, property
or persons within the park system.
A.
No person shall:
(1)
Operate a bicycle, pedalcycle or e-bike within the park system unless
as close to the right-hand curb or right-hand side of the path, trail
or roadway as conditions will permit, and not more than two bicycles,
pedalcycles or e-bikes shall be operated abreast.
(2)
Operate a bicycle, pedalcycle, or e-bike upon any path, trail or
roadway within the park system to carry any person upon the handlebar
or frame of any bicycle, pedalcycle or e-bike or for any person to
so ride upon such bicycle, pedalcycle or e-bike.
(3)
Operate a bicycle, pedalcycle or e-bike upon paths, trails or roadways
within the park system unless posted for such use; provided, however,
that no such use shall be allowed between dusk and dawn.
(4)
Operate a bicycle, pedalcycle or e-bike within the park system in
a careless or reckless manner in disregard of the rights and safety
of others, or in an unsafe and negligent manner in excess of appropriate
speed for the conditions, or in any manner so as to be a nuisance
or to endanger any person or property within the park system.
B.
It shall be unlawful for any person to ride upon park property, except
upon designated areas within the park system.
C.
Bicycles, pedalcycles and e-bikes shall yield the right-of-way to
all pedestrians/persons with horses where such paths, trails or roadways
within the park system cross or become one.
D.
Bicycles, pedalcycles and e-bikes shall pass on the left and use
an audible signal while being operated in the park system.
A.
Except as provided by sections related to the operation of fuel-
and battery-powered mobility devices in specific park areas, the Motor
Vehicle Code, Pennsylvania Title 75, will govern the operation of
fuel- and battery-powered mobility devices on park property.
B.
No person shall operate fuel-powered mobility devices within the
park system.
C.
Specific to the Heritage Rail Trail County Park, any person over
the age of 16 may operate a Class 1 e-bike so long as the following
applies:
(1)
The bike's motor is under 750 watts (or 1 horsepower), it has
a maximum speed of 20 mph on a level surface when powered by the motor
(with pedal assist), it weighs no more than 100 pounds, it is pedal
assist only, with no throttle.
E.
The use of e-bikes in all other York County parks is prohibited.
Park visitors that fall under the ADA guidelines would be exempt from
this rule and be required to obtain a permit from the Parks Office.
F.
The use of all other battery-powered devices or self-propelled devices
(scooters, skateboards or hoverboards) are prohibited, except devices
designed specifically for ADA accommodations.
A.
No person shall:
(1)
Within the park system, peddle or solicit business of any nature
whatsoever, collect any fund for any service or charity, distribute/post/display
handbills or other advertising matter, engage in political activities,
post unauthorized signs on any lands, waters, structures, or property;
or to use such lands, waters, structures, or property for such purposes.
B.
No person shall set up any booth or table, or stand or dispense from
a vehicle the sale of any article or service whatsoever within the
park system, or to distribute, sell, service or rent any services
or commodity or solicit, including political activities for any purpose
within the park system.
No person shall, by force, threats, intimidations, unlawful
fencing, encroachments, enclosing or by any other means, prevent or
obstruct any person from entering, leaving or making full use of the
park system (at designated or nondesignated accesses), except for
law enforcement officials (including Park Rangers) during the performance
of their official duties.
No person shall:
A.
Interfere with, use profanity towards or in any manner hinder any
Park Ranger, employee or agent of the Department in the discharge
of his or her duties within the park system.
B.
Interfere with, use profanity toward any Park Ranger in the performance
of his or her duties, or fail or refuse to obey any lawful command
or refuse to assist any Park Ranger in the performance of his or her
duties within the park system.
C.
Disobey, disregard or fail to comply with any of the rules and regulations,
warnings, prohibitions, instructions or directions given by authorized
personnel within the park system.
D.
Interfere with, or in any manner hinder, any employees or agents
of the York County Board of Commissioners, while performing their
official duties within the park system.
E.
Upon reasonable suspicion that the person is acting in violation
of the rules and regulations, or federal, state or municipal laws,
refuse to provide valid identification upon request by a Park Ranger
or authorized personnel.
No person shall impersonate any member of the Park Ranger unit
for any reason whatsoever.
A.
No person shall:
(1)
Transport, sell, consume or have in their possession any intoxicating
beverages or substances while within the park system.
(2)
Sell, use, transport or have in their possession any drug or narcotic
of which is prohibited by state or federal law while within the park
system.
(3)
Be under the influence of any narcotics of intoxicants or intoxicating
beverages while within the park system.
(4)
Grow illegal or controlled plants or otherwise, as defined by state
and federal law, such as marijuana, within the park system.
B.
Any alcoholic beverage, its container, and/or dispensing system in
any person's possession shall be confiscated by the Park Rangers
and disposed of according to Department policies and procedures.
A.
Any person who desires to engage in any activities for which no designated
area has been made within the park system shall first obtain expressed
written permission from the Director before conducting said activity.
Without the aforementioned authorization, such activities shall be
prohibited.
B.
Any publicly advertised activities must receive prior written permission
from the Director to hold such an activity or event. Absence of such
authorization shall result in the activity or event being prohibited.
As part of the approval process, a certificate of insurance naming
the County of York as additionally insured may be required.
C.
The establishment of geocaching/letterboxing within the parks system
is subject to approval by the Director.
D.
It shall be unlawful to:
(1)
Rope climb, climb, repel or otherwise from any object or structure
in the park system.
(2)
Hit golf balls in the park system.
(3)
Metal detect within the park system except with a special use agreement
with the Department.
(4)
Sled on dam breasts within the park system.
(5)
Bike, hike or horseback ride on dam breasts within the park system,
except on designated trails.
(6)
Launch hot air balloons from within the park system.
(7)
Operate remote control devices within the park system except in designated
areas.
(8)
Operate drones within the park system except in designated areas.
(9)
Release lighter-than-air balloons (example: helium balloons) within
the park system.
E.
Camping.
(1)
No person shall:
(a)
Camp (either overnight or otherwise) in the park system, except
in such areas as may be provided and designated for such purposes.
No person shall camp without the prior expressed permission and pursuant
to the applicable policies and procedures.
(b)
Fail to remove all camping equipment and gear from the campsite
at the end of the camping period.
(c)
Camp in violation of any of the current camping regulations
or general park rules.
(d)
Enter upon the campsite of another or be within 20 feet of any
tent, shelter or cabin of another, whether occupied or not, without
first obtaining an invitation or permission to do so by the person
of the other campsite.
No person shall:
A.
Engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton,
obscene or otherwise disorderly conduct tending to create a breach
of the peace or to disturb or annoy others, while in or on the park
system, including, but not limited to:
(1)
Fighting or physical or verbal threatening.
(2)
Causing or creating a noise which would likely annoy or disturb a
reasonable person of normal sensitivities.
(3)
Urination or defecation in any area of the park and recreational
facilities other than a toilet.
(4)
Deliberately follow or observe another individual within or upon
park property in order to intimidate or to make an individual feel
unsafe.
B.
Commit any indecent or immoral act tending to debauch the morals
or manners of the public while in or on the park system, including,
but not limited to:
(1)
Disrobing or changing clothing, except in buildings or facilities
made available for that purpose.
(2)
Failing to cover one's genitals, pubic area, buttocks and female
breast, below the top of the nipple, with clothing that is impossible
to see through.
(3)
Perform or engage in sexual activities in which genitalia or female
breast is exposed or is touched through clothing.
(4)
Solicitation for sexual activity.
A.
Any person who desires to conduct filmmaking within the park system
shall first submit an application and obtain expressed written permission
of the Director. As part of the approval process, a certificate of
insurance naming the County of York as additionally insured may be
required. Without the aforementioned authorization, such activity
shall be prohibited.
B.
Any person who desires to conduct photography sessions within the
park system with a paying client shall first submit an application
and obtain expressed written permission of the Director. Without the
aforementioned authorization, such activity shall be prohibited.
No person shall:
No person shall remain in an area of the park system for no
obvious reason(s) or maliciously prowl around.
No person shall fire, discharge or have in his or her possession
any rocket, firecracker, torpedo, squib, or other fireworks or any
substance of an explosive nature within the park system.
A.
No person shall:
(1)
Bring into or upon the park system a firearm unless the firearm is
properly registered and transported in accordance with Pennsylvania
law.
(2)
Discharge or set off anywhere within or upon the park system a firearm.
The prohibition contained in this section does not apply to duly appointed
Park Rangers or law enforcement officers while carrying out the duties
and responsibilities of his or her position within the park system,
nor to any person while on or in those areas which may, from time
to time, be designated as hunting areas by the Director conditioned
upon such person having a valid County parks hunting permit and Pennsylvania
hunting license.
(3)
Possess any type of bladed weapon, with the exception of knives not
to exceed 12 inches in length, in any area of the park system.
A.
Subject to all Pennsylvania Fish and Boat Commission rules and regulations,
it shall be unlawful to:
(1)
Tow any type of device on any body of water within the park system,
except for emergency purpose only.
(2)
Operate within the park system the following: watercraft driven by
air propeller and/or gasoline motor, inner tube and/or air mattress,
water ski, seaplane, toy watercraft, any watercraft not designated
or constructed as a means of water transportation, or any unseaworthy
watercraft.
(3)
Operate a self-propelled or electric motor watercraft, except as
permitted at Kain Park.
(4)
Swim, scuba dive or snorkel within the park system.
(5)
Operate a permissible watercraft within 100 feet of any dam and areas
marked by buoys within the park system.
(6)
Operate any permissible watercraft within the park system which endangers
any person or watercraft or property.
(7)
Launch at nondesignated launching areas within the park system.
(8)
Use drinking fountains, springs, lakes or waterways within the park
system for washing purposes.
(9)
Withdraw water from a stream, lake or pond within the park system.
B.
Fishing within the park system waters shall be permitted only in
such areas and at such times as are designated by the Department.
In all cases, the Pennsylvania fishing laws shall be applicable to
all park system waterways. The failure to comply with such Pennsylvania
fishing laws shall be in direct violation of this section.
(1)
No person shall:
(a)
Fish in any wildlife sanctuary or outdoor education area or
any place where "no fishing" signs have been posted by the Department.
(b)
Enter the park system for fishing after sunset except via designated
areas open for twenty-four-hour fishing.
(c)
Fish without being the holder of a current resident or nonresident
state fishing license where required by applicable state laws.
(d)
Fish (including bow fishing) within the park system at nondesignated
areas either from the shore, dam or from a permissible watercraft.
All game, animals, fowl, birds, fish, and other aquatic life
hunted, killed, taken or destroyed, bought, sold, bartered or possessed
contrary to state or federal laws shall be declared to be contraband,
and the same shall be subject to seizure and confiscation and shall
be turned over to the appropriate authority for disposal.
No person shall:
A.
Litter, discard, deposit, dump or allow to blow away refuse of any
kind or nature within or upon the park system, except by placing said
refuse in appropriate refuse containers provided for such purpose.
B.
Throw, cast, lay, drop or discharge into or leave in waters of the
park system any substance, matter or thing, liquid or solid, which
may or shall result in the pollution of said waters.
C.
Dispose of cremated ashes without obtaining prior approval.
D.
Pour or cause to spill or permit to escape in any area of the park
system any oil, gas, salt, acid or other deleterious substance, whether
liquid, solid, or gaseous, except pursuant to the provisions of an
official permit.
E.
Bring to or dispose of any type of trash, personal items, refuse
or debris, including, but not limited to, waste paper sweepings, ashes,
household waste, glass, refuse or rubbish or any dangerous or detrimental
substance in the park system, whether disposing of it in receptacles
or not, if such was not generated from park usage.
F.
Deposit any bodily waste in or on any portion of the park system
except in a container for that purpose.
G.
Place any bottle, can, rag, towels, wood, stone or substance in any
plumbing fixtures within the park system.
A.
No person shall:
(1)
Fail to have his or her pet or other animal or fowl on a tethered
leash and under the person's immediate control while within the
park system. The use of voice command and/or electronic device for
control is prohibited and does not constitute immediate control as
required under this section. Dogs may only be unleashed in the following
areas:
(2)
Bring, drive, or lead any animal, except as set forth below, onto
the park system, except that horses, other beasts of burden and draft
animals may be ridden by persons in charge thereof, or driven before
a vehicle attached thereto, on such portions of the park system as
may be designated for riding by the Director.
(3)
Bring, drive, lead or carry any dog or other animal or pet which
is unleashed upon the park system, except for animals used in waterfowl
hunting or dog shows or designated areas, as such may be permitted
by the Director.
(4)
Permit his or her dog or pet to enter any public building, pavilion
or gazebo within the park system, except a trained and working service
dog.
(5)
Cause or permit any horse or other animal to stand unattended upon
or within the park system, unless securely hitched or under the control
of a competent person.
(6)
Torture, ill-treat or neglect any animal or pet upon any property
of the park system.
(7)
Bring any pet or animal into the park system unless said pet or animal
has been properly inoculated and has a current year's license
if so required.
(8)
Cause or allow his or her pet, up to and including dogs and horses,
to relieve themselves within or upon the park system without cleaning
up afterwards in designated areas.
(9)
Feed wild animals within the park system, including but not limited
to geese, ducks, deer, birds and squirrels.
(10)
Store or leave food within or upon the park system in a manner
that is reasonably likely to attract wildlife.
(11)
Release or abandon any animal within or upon the park system.
(12)
Stage any animal fights for any reason within or upon the park
system.
(13)
Allow any pet or animal to run at large which is deemed after
due consideration by the Park Ranger to constitute a threat to the
public health and welfare; therefore, it shall be the responsibility
of every Park Ranger to kill the animal if other means are not available
or prove unsuccessful within the park system.
B.
In the event of a pet bite to a human or other, the owner is required
to provide personal identification and pet health records to the Park
Ranger Department within two days of the incident.
A.
Dogs must be under the immediate control of their handler at all
times while in the off-leash area and when entering and exiting Canine
Meadows located at Rudy Park.
B.
No person shall:
(1)
Bring an unlicensed dog into the area.
(2)
Bring an unhealthy dog or a dog without current vaccinations into
the area.
(3)
Bring a dog without identification tags into the area.
(4)
Bring a dog under the age of four months into the area.
(5)
Allow his or her dog to be unleashed when entering and exiting the
area.
(6)
Allow his or her dog to enter into an inappropriate area as posted
and designated by the weight of the dog.
(7)
Allow a dog showing aggressive behavior in the unleashed dog area.
(8)
Allow his or her dog to relieve themselves without immediately cleaning
up afterwards and properly disposing in the dumpster.
(9)
Allow his or her dog to be unattended at any time while in the area.
(10)
Allow a child under 49 inches in height to enter into area.
(11)
Allow anyone under the age of 15 years to enter the area without
a responsible adult.
(12)
Bring more than three dogs per adult handler into the area.
(13)
Bring food or treats, both dog and human, into the area.
No person shall use any Department facility or area for which
a permit or agreement is necessary, or a fee or charge has been established
by the Department, without issuance of such permit, execution of such
agreement, and payment of such fee or charge receipted by the appropriate
Departmental permit.
Nothing in these rules shall:
A.
Prohibit or hinder duly authorized agents of the Department and/or
the York County Board of Commissioners, or any law enforcement officers,
from performing their official duties.
B.
Prohibit the Department, the York County Board of Commissioners and/or
their respective agents from establishing emergency rules and regulations,
as well as policies and procedures, required to protect the health,
welfare, and safety of park visitors and property within the park
system, including, but not limited to, the right of the Board of Commissioners
to order all persons off County property and to close all or any portion
of the County park.
The Director is authorized to establish additional rules and
regulations, as well as policies and procedures, which, when prominently
posted, shall be obeyed by all persons utilizing the park system.
The violation of such additional rules, regulations, policies and/or
procedures shall be a violation of this article and shall be subject
to the penalties herein.
Any park employee may close any park or recreation area within
the park system which becomes hazardous or unsafe for public use due
to weather, water, fire, public safety or unforeseeable conditions
with immediate notification to the Director and/or Chief Park Ranger.
The Park Rangers and any police officers having jurisdiction
may enforce the provisions of the rules and regulations herein established,
in accordance with the procedure set forth herein.
A.
Any person who violates any provision of this article shall, for
every such offense, upon conviction thereof, in a summary proceeding,
be sentenced to pay a fine of not less than $75 and not more than
$800 and/or to undergo imprisonment for a term not to exceed 30 days,
or both, plus costs of prosecution and restitution, if applicable,
to the County of York for any damage caused by the person. Restitution
shall include, but not be limited to, reimbursement for hours spent
by County of York employees performing repairs, as well as replacement
costs and material costs. All prosecutions shall be brought in the
name of the County of York, and all fines, court costs and restitution
shall be paid to the County of York.
B.
Enforcement of § 75-39A shall be the duty of the York County Park Rangers. The York County Park Rangers shall have the authority, upon view of a violation of this article, to arrest and detain a suspected violator and to issue to him or her a nontraffic citation under the Pennsylvania Rules of Criminal Procedure for a violation of this article.
C.
Notwithstanding any provision in this article to the contrary, the
York County Park Rangers shall also have authority to enforce the
Pennsylvania Crimes Code, the Motor Vehicle Code, the Juvenile Act
and the Drug, Device, Controlled Substance and Cosmetic Act.
D.
The York County Park Rangers shall have authority to make arrests
and/or institute prosecutions (including without limitation the issuance
of traffic and nontraffic citations, criminal complaints, and arrest
warrants) in accordance with the Pennsylvania Rules of Criminal Procedure,
and the York County Park Rangers shall be bound by such rules.
E.
The enforcement authority of the York County Park Rangers, including
the issuance of nontraffic citations, is limited in jurisdiction solely
to property within the York County park system.
F.
The York County Park Rangers shall carry Department-issued service
weapons whenever on official duty.
(1)
These weapons may be used only in the act of self-protection or the
protection of a park patron/patrons from a life-threatening situation.
(2)
Before any Park Ranger may possess or carry a Department-issued weapon,
he/she must pass psychological testing administered by the County
and must qualify semiannually by a state-certified firearms instructor.
G.
It shall be the duty of any Park Ranger to cause the removal of any
person that he/she feels is jeopardizing the safety or well-being
of any park patron(s).
H.
Any person(s) that witnesses a violation of a rule or regulation
can provide that information to a Park Ranger; thereby, a Park Ranger
can issue a citation of this information received if the witness is
willing to testify at a hearing. If the witness is unwilling to testify,
the Park Ranger will contact the violator, if known, and inform the
violator of that reported violation.
I.
Items and objects are subject to confiscation as allowed under this
article, the PA Vehicle Code, Crimes Code, or statutes.
J.
Any person(s) submitting a false statement to any Park Ranger regarding
a rules and regulations violation is subject to a violation and the
highest penalty as allowed by this article.
K.
Nothing in this article shall be construed as a waiver of the County
of York's right to pursue recovery of damages in a civil proceeding.
