As used in this article, the following terms shall have the
meanings indicated:
The Borough of Emerson.
The playing of any games involving thrown or otherwise propelled
objects, such as balls, disks or similar objects, and including but
not limited to such common games known as "football," "baseball,"
or "horseshoes" or other similar sports requiring team play of more
than five participants. "Organized activities" shall further include
a preplanned meeting for the purpose of picnicking and/or serving
or distributing refreshments.
A park, playground, recreation center or any other area in
the Borough devoted to active or passive recreation and includes but
is not limited to those areas as set forth in Schedule A.[1]
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the Borough.
[1]
Editor's Note: Schedule A is included as an attachment to
this article.
No person in a park shall:
A.
Buildings and other property.
(1)
Disfiguration and removal: willfully mark, deface, disfigure, injure,
tamper with or displace or remove any building, bridge, public utility
or part or appurtenance thereof, sign, notice or placard, whether
temporary or permanent, monument, stake, post or other boundary marker
or other structure or equipment, facility or park property or appurtenance
whatsoever, either real or personal.
(2)
Rest rooms and washrooms: fail to cooperate in maintaining rest rooms
and washrooms in a neat and sanitary condition.
(3)
Removal of natural resources: dig or remove any soil, rock, stones,
trees, shrubs or plants, down-timber or other wood or material or
make any excavation by tool, equipment, blasting or other means or
agency.
(4)
Erection of structures: construct or erect any building or structure
of whatever kind, whether permanent or temporary in character, or
run or string any public service utility into, upon or across such
lands, except on special written permit issued hereunder.
B.
Trees, shrubbery, and lawns.
(1)
Injury and removal: damage, cut, carve, transplant or remove any
tree or plant or injure the bark or pick the flowers or seeds of any
tree or plant; nor shall any person attach any rope, wire or other
contrivance to any tree or plant. A person shall not dig in or otherwise
disturb grass areas or in any other way injure or impair the natural
beauty or usefulness of any area.
(2)
Climbing trees, etc.: climb any tree or walk, stand or sit upon monuments,
vases, fountains, railing, fences or gun carriages or upon any other
property not designated or customarily used for such purposes.
No person in a park shall:
A.
Pollution of waters: throw, discharge or otherwise place or cause
to be placed in the waters of any fountain, or other body of water
in or adjacent to any part of any tributary, stream, storm sewer or
drain flowing into such waters, any substances, matter or thing, liquid
or solid, which will or may result in the pollution of said waters.
B.
Refuse and trash: have brought in or dump, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage
or refuse or other trash. Such refuse or trash shall not be placed
in any waters in or contiguous to any park or left anywhere on the
grounds thereof but shall be placed in the proper receptacles where
these are provided; where receptacles are not so 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.
No person shall drive, park, stop or stand any vehicle in any
area except paved roads or parking areas.
No person in a park shall:
No person in a park shall:
A.
Intoxicating beverages.
(1)
Prohibition: have brought alcoholic beverages, nor shall any person
drink alcoholic beverages at any time in the park.
B.
Fireworks and explosives: bring or have in his possession or set
off or otherwise cause to explode or discharge or burn any firecrackers,
torpedo, rocket or other fireworks or explosives or flammable material
or discharge them or throw them into any such area from land or highway
adjacent thereto.
C.
Domestic animals: have been responsible for the entry of a dog or
other domestic animal into areas other than concourses and walks.
Nothing herein shall be construed as permitting the running of dogs
at large. All dogs in those areas where such animals are permitted
shall be restrained at all times on adequate leashes.
D.
Fires: build or attempt to build a fire, or barbecue. No person shall
drop, throw or otherwise scatter lighted matches, burning cigarettes
or cigars, tobacco paper or other flammable material within any park
area.
E.
Games of chance: gamble or participate in or abet any game of chance.
F.
Loitering and boisterousness: sleep or protractedly lounge on the
seats or benches or other areas or engage in loud, boisterous, threatening,
abusive or insulting or indecent language or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
G.
Noise: use radios, car stereos or other devices for the production
or reproduction of sound in a manner that is unreasonably or unnecessarily
loud so as to create a noise nuisance in any Borough Park, unless
prior authorization is granted by the Mayor and Council.
No person in a park shall:
A.
Vending and peddling: expose or offer for sale any food, article
or thing, nor shall be station or place any stand, cart or vehicle
for the transportation, sale or display of any such article or thing.
B.
Advertising: announce, advertise or call the public attention in
any way to any article or service for sale or hire.
C.
Signs: paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on public lands.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall
be open to the public during designated times. The opening and closing
hours for each individual park shall be posted therein for public
information. All parks shall open at 8:00 a.m. and shall close at
10:00 p.m., and no person or vehicle shall remain on park premises
thereafter. Municipal vehicles and personnel may remain on park premises
in the execution of municipal duties or in the utilization of municipal
services.
B.
Permit. A permit shall be required to be obtained from the Recreation
Commission, through the office of the Borough Clerk, for any organized
activities, recreational, social or otherwise, involving more than
five participants to be held in any parks, playgrounds or recreational
facilities owned by the Borough of Emerson, including but not limited
to baseball, softball and soccer fields. Use of municipal facilities
is always contingent upon the Borough not requiring the use of the
facility for Borough purposes.
(1)
Application. A person seeking issuance of a permit hereunder shall
file an application with the Borough Clerk, who shall forward said
application to the Recreation Commission. The application shall include:
(a)
The name and address of the organization making the application.
(b)
The park, playground, field or facilities or portion thereof
for which the permit is desired.
(c)
The day and hours for which the permit is desired.
(d)
The name and address of the responsible adult who will be present
and in charge while the facilities are in use.
(e)
A verified roster or list of the participants with attached
forms for each participant containing the names, emergency contact
information, school, and grade of all participants. The forms must
be signed by the minor's legal guardian.
(f)
An estimate of the anticipated attendance.
(g)
A hold harmless agreement completed and signed by the person
filing the application which agrees to indemnify and hold the Borough
of Emerson, its officers, agents and employees harmless from any and
all liabilities, claims, costs and attorneys' fees arising out of
the applicant's use of the facilities.
(h)
All applicants (excluding the limited exception below) shall
provide a certificate of insurance, naming the Borough of Emerson
as certificate holder and additional insured and the certificate must
be attached to the application. The certificate must have limits of
liability for bodily injury, liability and property damage in the
amounts required by the Borough of Emerson. The requirement of a hold
harmless agreement and/or insurance may be waived in writing by the
Mayor and Council under circumstances where the Commission concludes
it is appropriate. Applicants that will have less than 30 people in
attendance, and are not exchanging any fees (either for participation,
the sale or exchange of goods, i.e., a farmers' market, a flea market,
etc.) and also are not conducting an athletic event of any kind (i.e.,
a race, a game, etc.) will not be required to acquire insurance. The
exception to the insurance requirement includes family picnics, birthday
parties, and other gatherings limited to an attendance of less than
30 people. All other applicants shall obtain insurance in the amounts
and forms that the municipality deems reasonable and necessary.
(i)
Any other information which the Recreation Commission shall
find reasonably necessary to make a fair determination as to whether
a permit shall be issued hereunder.
(2)
Standards for issuance. The Recreation Commission shall issue a permit
hereunder when it is found that:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general enjoyment of the park.
(b)
The proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Borough.
(e)
The facilities desired have not been reserved for other use
at the day and hour required in the application.
(f)
The applicant has completed and filed all necessary documents,
including the hold harmless agreement and a certificate of insurance.
(3)
Effect of permit. A permittee shall be bound by all park rules and
regulations and all applicable ordinances fully as though the same
were inserted in said permit(s).
(4)
Liability of permittee. The person or persons to whom a permit is
issued shall be liable for any loss, damage or injury sustained by
any person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued.
(5)
Revocation. The Recreation Commission shall have the authority to
revoke a permit upon finding of violation of any rule or regulation
or ordinance or upon good cause shown.
(6)
Application fees. Unless waived by the Recreation Commission, a nonrefundable
fee of $25 shall be required when filing an application with the Borough
Clerk for the use of facilities for an organized activity involving
more than five participants.
(7)
Field and court permit fees.
(a)
A fee of $100 per daytime game and $125 per nighttime game,
with a maximum of 2 1/2 hours per game, shall be required by
the Recreation Commission for all permits issued for the purpose of
holding an organized sports activity on recreational facilities; a
fee of $25 per game and $35 per nighttime game (sessions not to exceed
two hours) for use of one of the basketball courts. For teams with
a roster of less than 75% Emerson residents, the fee shall be $500
per team per game.
[Amended 12-6-2022 by Ord. No. 1662-22]
(b)
The Mayor and Council shall have the power to waive the collection
of all fees upon application being made to it by any charitable organization.
(8)
Exception. Nothing herein shall be read to require the application
for a permit for an event officially sanctioned by the Recreation
Commission or the Borough of Emerson.
Any person convicted of a violation of this article shall be
liable to a penalty of not more than $500 or imprisonment for a term
not exceeding 90 days, or both.
The following rules and regulations shall apply only to Leo
Rosengart Memorial Park, previously known as Sunset Park, Block 501,
Lot 6. These rules are intended to reflect the fact that this park
is designed and has facilities intended for younger children and is
a park located in a residential zone.
