Township of Polk, PA Parks and Township Property

This chapter is enacted to insure and protect the quality of the Township's real property, structures, buildings, fixtures, equipment, parks, memorials, and the like from vandalism and other unlawful misuse.

§ 275-3 Application.

This chapter shall apply to all real property and fixtures or personal property contained thereon, presently owned, leased or occupied by or hereafter owned, leased or occupied by Polk Township, including all that property regulated by Section 2203 of the Second Class Township Code,[1] including but not limited to the Township Municipal Building, Recycling Center, park(s), the Township Historical Society Building(s), the Township Veterans/War Memorial(s) and the property purchased from Gail M. Harp and James Harp.

[1]

Editor's Note: See 53 P.S. § 67203.

§ 275-4 Enactment and posting of rules.

As authorized by Section 2203(b) of the Second Class Township Code,[1] the Board of Supervisors may from time to time prescribe and amend rules of the use by the public of property, parks and recreation grounds and the facilities and amusements connected therewith and post the rules at conspicuous places in the property, park(s) or recreation grounds. This chapter hereby enables and authorizes the Board of Supervisors to prescribe and amend rules from time to time by resolution, consistent with the authority of Section 2203(b) of the Second Class Township Code.

[1]

Editor's Note: See 53 P.S. § 67203(b).

§ 275-5 Rules and regulations.

[Added 4-22-2019 by Ord. No. 2019-02]

This section shall be known as the "Park Rules and Regulations Ordinance."

The hereafter described rules and regulations shall be applicable to any and all parks or recreation areas owned, leased or controlled by Polk Township. Any such park or recreation area owned, leased or controlled by the Township which is open to members of the public shall contain appropriate signage so indicating and further indicating that all entrants to such area shall be bound by the park rules and regulations as may be posted as hereinafter set forth.

The park rules and regulations are as follows:

[Amended 7-27-2020 by Ord. No. 2020-06]

(1)

Picnic tables or other park items are not to be removed from pavilions, and all decorations put up in conjunction with any event must be removed.

(2)

All recreation areas are to be shared. Entrants shall be courteous and respectful to each other at all times.

(3)

Users must supply all sports equipment.

(4)

No dumping. Trash/litter must be placed in the proper containers.

(5)

Open fires are prohibited.

(6)

Pets are permitted on walking trails and grassy areas. Pets must always be leashed and waste picked up and disposed of in a sanitary manner.

(7)

Damaging, defacing, removing or attempting to remove any man-made or natural object is prohibited.

(8)

The park is a drug-free zone. Smoking and alcoholic beverages are not permitted.

(9)

Licensed motorized vehicles are restricted to parking areas only. Minibikes, ATVs and other unlicensed motor vehicles are prohibited.

(10)

Soliciting, posting of signs, distribution of products or equipment is prohibited.

(11)

Loud noise is prohibited.

(12)

Air guns, BB guns, model rocketry, drones, launching of projectiles, bow and arrow, archery, consumer or display fireworks, as defined in 72 Pa.C.S.A. § 940, and explosive devices are prohibited.

(13)

Discharge of any "firearm," as defined in 18 Pa.C.S.A. § 6120, is prohibited, as is hunting, trapping, or target shooting; however, this section does not regulate the mere possession as opposed to discharge of firearms.

(14)

Polk Township will enforce these regulations. Anyone not following these regulations will not be permitted to use the facilities and may be subject to fines and damages.

(15)

Park hours are dawn to dusk.

The Township Codes Enforcement Officer shall enforce this section.

Violation of the park rules and regulations shall be a summary offense under Section 1601(c.1)(2) of the Second Class Township Code. Violations will be subject to a summary fine not to exceed $500 per violation. Enforcement shall be by action brought before the District Justice in the same manner for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

[Added 7-27-2020 by Ord. No. 06-2020]

§ 275-6 Opening and closing of park(s) and recreation grounds.

Pursuant to Section 2203(c)[1] Polk Township may and hereby does enact an ordinance regulating the time of opening and closing of Township-owned property, park(s) and recreation grounds. No unauthorized person(s) shall be permitted to enter or remain upon Township property park(s) or recreation grounds between sunset and sunrise (i.e., at night). Notice of this chapter shall be posted at conspicuous places upon the property, park(s) or recreation grounds, where applicable.

[1]

Editor's Note: See 53 P.S. § 67203(c).

§ 275-7 Violations and penalties.

Any person who violations any rules promulgated under § 275-4 above or who violates § 275-5 of this chapter shall be subject to the procedure for enforcement under the Second Class Township Code found at Section 1601(c.1)(2)[1] thereof and shall be subject to the imposition of fines or penalties up to the maximum allowable under Section 1601(c.1)(2) as it currently exists and/or may hereafter be amended. Each violator shall, upon conviction, pay to the Township a fine not to exceed $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Editor's Note: See 53 P.S. § 66601(c.1)(2).

Any such fines collected hereunder shall be used for general Township purposes.

§ 275-8 Severability.

The provisions of this chapter shall be severable, and if any of its provision shall be held to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect the validity of any of the remaining provisions of the chapter.