This article shall be commonly known as the "City Parks Curfew Ordinance."
[HISTORY: Adopted by the City Council of the City of Hazleton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 174, Art. I, of the 1995 Code]
[Amended 8-1-2012 by Ord. No. 2012-20]
No person, unless specifically authorized by the City, shall inhabit, use or remain in or upon any park, recreation area, playground, building or public property owned or operated, directly or indirectly, or subsidized by the City of Hazleton or the Department of Public Works of the City of Hazleton or the Recreation Program of the City of Hazleton during the hours from dusk till dawn.
[Amended 8-1-2012 by Ord. No. 2012-20; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating § 329-2 of this article shall be subject to a fine issued by the Hazleton City Police as provided in Chapter 1, Article II, Violations and Penalties. Failure to pay the fine within 10 days shall subject the violator to arrest by the Hazleton City Police or any other lawful law enforcement officer, shall be prosecuted in proceedings before the Magisterial District Judge in the City of Hazleton and, upon conviction thereof, shall be deemed guilty of an offense and shall be subject to the penalties set forth on Chapter 1, Article II, Violations and Penalties, of this Code.
Nothing contained in this article shall be construed to prohibit activities supervised by the City of Hazleton or its agents, or authorized by it, beyond the aforesaid curfew hours, upon written authorization of the Recreation Director or the City Council, nor to prohibit otherwise lawful occupancy of City property.
The Recreation Director is hereby authorized and directed to post appropriate signs upon said areas to notify all persons concerning the curfew hours set forth in this article; however, the posting of said signs shall not be considered as a necessary condition precedent to the enforcement of the penalty provisions of this article.
[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 174, Art. II, of the 1995 Code]
The purpose of this article is to provide rules and regulations for the use of and conduct in the parks, playgrounds and recreation areas of the City.
This article shall apply in all parks, playgrounds and recreation areas under the jurisdiction of the City, unless expressly exempted.
In the interpretation of this article and all succeeding park and recreation area ordinances, the provisions shall be construed as follows:
A.
Any term in the singular shall include the plural.
B.
Any term in the masculine shall include the feminine and neuter.
C.
Any requirement or prohibitions of any act shall, respectively, extend to and include the causing and procuring, directly or indirectly of such act.
D.
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Recreation Board or City in line of duty or work as such or by any person, his agent or employers in the proper and necessary execution of the terms of any agreement with the Board or City.
E.
Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do and to the extent authorized thereby.
As used in this article, the following terms shall have the meanings indicated:
Includes cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of the park or recreation area.
The Council of the City of Hazleton, Pennsylvania.
[1]The position of Recreation Director as established by the City Council.
[2]Any footpath, walk or any path maintained for pedestrians.
A person afoot.
Any written license issued by or under the authority of the approving governing agency permitting a special event or activity on park facilities.
Any natural person, corporation, company, association, joint-stock association, firm or copartnership.
Persons selling goods or services by sample or taking orders for future delivery with or without accepting advance payment for the goods or persons seeking any form of contributions.
When prohibited, means any cessation of movement of a vehicle, occupied or not, except when necessary to avoid conflict with pedestrians or other traffic, including horses and bicycles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pedestrians, ridden or herded animals and vehicles, either singly or together.
Any conveyance (except baby carriages), including motor vehicles, trailers of all types, campers, tricycles, bicycles (motorized or not), sleds, sleighs, pushcarts or vehicles propelled by other than muscular power; also any horse or horse-drawn conveyance.
[3]It shall be unlawful for any person in a public park or recreation area to:
A.
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, tables, benches, fireplaces, 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.
B.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
C.
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
D.
Damage, cut, carve, mark, transplant or remove any plant or injure the bark or pick flowers or seeds of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
E.
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
F.
Attach any rope or cable or other contrivance to any tree, fence, railing, bridge, bench or other structure.
G.
Take into, carry through or put into any park any rubbish, refuse, garbage or other material. Such refuse and rubbish shall be deposited in receptacles so 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.
H.
Bring any glass container into any park or recreation area.
I.
Cause or permit to run loose any animal.
J.
Tie an animal to any tree or plant.
K.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird. No person shall remove or have in his or her possession the young of any animal, reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight.
L.
Walk a dog without a leash, said leash to be no longer than six feet.
M.
Walk a dog without a leash, said leash to be of a length as provided in Chapter 138, Animals. Further, the owner or person having custody of said domestic animal shall be responsible for removal of any animal solid waste.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person in a public park or recreation area to:
A.
Drive any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas.
B.
Park a vehicle anywhere except on a designated parking area.
C.
Leave a vehicle standing or parked in established parking areas or elsewhere in the park and recreation areas during hours when the park and recreation area is closed. During a snowstorm and for three days thereafter, established parking areas in parks and recreation areas may be utilized for parking, but not by trailers of any kind.
D.
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
E.
Ride a bicycle without reasonable regard to the safety of others.
F.
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.
G.
Use the parks, park drives, parking places or parkways for the purpose of demonstrating any vehicles or for the purpose of instructing another to drive or operate any vehicle. No person shall use any park area, including parking places, for the repairing or cleaning of any vehicle, except in an emergency.
H.
Cause or permit a vehicle in tow of another vehicle to enter the parks or proceed therein, except that, in case of a breakdown, a disabled vehicle may be towed to the nearest exit. No person shall operate or drive a vehicle containing any person or object projecting or hanging outside of or beyond the side or the rear thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person to bring into or have in his possession in any recreation area any firearm as that term is defined in Chapter 213, Fireworks and Firearms.
B.
No person shall do any of the following without a permit, provided that no permit shall be required for any action or event sponsored by the City or the Board of Recreation Commissioners:
(1)
Display any advertising signs or other advertising matter, provided that a sign attached to a vehicle to identify the vehicle, or a sign lawfully on a taxi or bus, is not prohibited.
(2)
Operate for advertising purposes any musical instrument, soundtrack or drum.
(3)
Hold public assemblages.
(4)
Conduct exhibitions.
(5)
Hold a parade.
No person shall expose or offer for sale any article in any park or recreation area without a license as a concessionaire.
No person shall kindle, build, maintain or use a fire except in places provided for such purposes.[1] Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle or under any tree or in underbrush.
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner; and, in particular, no person shall:
A.
Bring alcoholic beverages or controlled dangerous substances, drink or use the same at any time nor shall any person be under the influence of intoxicating liquor or a controlled dangerous substance in a park or recreation area.
B.
Solicit alms or contributions for any purpose, whether public or private.
C.
Play any game of chance or have possession of any instrument or device for gambling.
D.
Play, engage or take part in any game or competitive sport for money or other valuable thing without a written permit.
It shall be unlawful for any person in a park or recreation area to:
A.
Take part in the playing of any games involving thrown or otherwise propelled objects, except in those areas designated for such forms of recreation.
B.
Play football, baseball, basketball, soccer or lacrosse, except in areas designed for such games.
D.
Enter an area posted as closed to the public.
E.
Engage in threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
F.
Fail to produce and exhibit any permit he or she claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
G.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
H.
Erect or occupy any tent, stand or other structure in any park or playground or sell or give away from any such tent, stand or other structure any food, drink or other thing without a permit.
It shall be unlawful for any person or group of persons to hold a picnic in any park, except in areas set aside or specifically designated as picnic areas. A permit must be secured for any picnic with more than 20 participants.
The ordinances relating to the use of public swimming pools shall govern the use of any swimming pool in any park.
Except for designated camping areas, no person shall be in any park during the hours the park is closed. Closing hours will be posted at all playgrounds.
The following activities are permitted only at times and in areas so designated for that purpose and are prohibited elsewhere within the parks and recreation areas:
A.
Permits for special events in parks and recreation areas shall be obtained by application to the Recreation Board or its designee in accordance with the following procedure:
(1)
A person seeking issuance of a permit hereunder shall file an application stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or association sponsoring the activity; if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which the permit is desired.
(e)
Any other information reasonably necessary to a determination as to whether a permit should be issued hereunder.
(f)
Variances required from park rules and regulations.
(2)
Standards for issuance of a use permit shall include the following findings:
(a)
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
(b)
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c)
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the City.
(e)
That the facilities desired have not been reserved for other use on the date and hour requested in the application.
B.
Appeal. Within 10 days after the receipt of an application, the Recreation Board shall tell an applicant in writing of its decision to grant or deny a permit. In the event of a denial, the notification shall include the reason for the denial. Any aggrieved person shall have the right to appeal to the City Council by serving written notice thereof on the City Clerk within five working days of said refusal. A copy of said notice shall be served on the Recreation Board within the same time, and said Recreation Board shall immediately forward the application and the reasons for its refusal to the City Council. The City Council shall decide within 10 days from the receipt of the appeal by the City Clerk or at its first meeting after the appeal, whichever is later. The decision of the City Council shall be final.
C.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
D.
An applicant for a permit may be required to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined prior to the commencement of any activity or issuance of any permit.
E.
Revocation. The City Council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A.
The City Police Department, Recreation Board and Recreation Director and attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.
B.
The City Police Department, Recreation Board, Recreation Director and any attendant shall have the authority to order any person or persons acting in violation of this article to leave the park or recreation area.
[Amended 9-19-2013 by Ord. No. 2013-19; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall be convicted of violating or failing to comply with the provisions of this article before any Magisterial District Judge shall be punishable as set forth in Chapter 1, Article II, Violations and Penalties. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.