[HISTORY: Adopted by the Borough Council of the Borough of North Irwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1986 by Ord. No. 4-86 (Ch. 16, Part 1, of the 1986 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
PARK or PARKS
Unless specifically limited, shall be deemed to include all parks, playgrounds, recreation areas, tennis courts, beaches, recreation structures and facilities, and also entrances and approaches thereto, and all other land or property or structures now or hereafter owned or acquired by the Borough for park or recreational purposes.
PERSON
Any natural person, corporation, organization of persons, company, association or partnership.
RULES AND REGULATIONS
Any rules and regulations hereby or hereafter promulgated by the Borough Council under the authority herein conferred.
All parks shall be opened daily to the public at such hours as the Borough Council may from time to time designate, but in no event shall any person be permitted to be in attendance in any park between 9:00 p.m. and sunrise, unless special permission be granted by the Borough Council.
No person in attendance at a park shall:
A. 
Injure, deface, remove, cut or damage any of the trees, plants, shrubs, turf, buildings, structures, signs or fixtures, or any other property of the Borough located within the park.
B. 
Litter any area of the park with garbage, paper, bottles, cans or other waste material or dispose of the same in any way except in receptacles designated for such purpose.
C. 
Kindle or maintain any fire in the park except in fireplaces or areas specially designated for that purpose and located by authority of the Borough Council.
D. 
Remove any bench, seat, table or other appliance without permission of the Borough Council.
E. 
Injure, deface, destroy or remove any notice, rule or regulation posted at any place within the park by authority of the Borough Council, nor shall any notice or placard be posted within the park other than by authority of the Borough Council.
F. 
Set up any booth, table or stand for the sale of any article or service whatsoever within the limits of the park without permission of the Borough Council; distribute, sell, service or rent any services or commodity or solicit for any purpose without permission of the Borough Council.
G. 
Operate, stop or park any vehicle, bicycle or other means of conveyance except in areas where permitted or designated by proper authority of the Borough Council or operate the same in a reckless or negligent manner or in excess of any posted speed limit or in such a manner as to become a nuisance to other area users.
H. 
Operate commercial vehicles, unless providing authorized services.
I. 
Bring onto the premises, possess or consume any alcoholic beverage or illegal drugs of any kind; no person shall enter the park in an intoxicated state or otherwise be under the influence of alcohol or illegal drugs.
J. 
Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile-propelling instruments or explosives or arrows or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the Borough Council in designated areas; police officers in the performance of their duties will be exempt from these provisions.
K. 
Play ball, swim, golf, pitch horseshoes, engage in archery, camp or launch, dock or land any boat, engage in finding buried objects with special detectors, or participate in any other form of recreation, sporting endeavor or pastime, except in those areas which may be designated from time to time for that purpose by the Borough Council.
L. 
Disrobe or change clothing except in buildings or facilities made available for that purpose.
M. 
Disturb the peace by any conduct so as to annoy any other person using the park for recreational purposes.
N. 
Operate a snowmobile, minibike, motorcycle, or any vehicle, recreational or otherwise, except on designated roads, trails, or areas set aside for their use.
O. 
Use threatening, abusive, insulting, profane or obscene language or words.
P. 
Commit any disorderly or immoral acts.
Q. 
Hold any public meeting or rally with more than five persons or engage in any marching or driving as members of a military, political or other organization without permission of the Borough Council, which requires a statement of information, including the name of the organization, its purpose, number of persons expected to be invited, expected duration and name(s) of person(s) in charge.
R. 
Disobey a proper order of a police officer or Borough Council member or disobey or disregard or fail to comply with any rule or regulation, warning, prohibition, instruction or direction given by an authorized person and posted or displayed by sign, notice, bulletin, card, poster or when notified or informed as to its existence by police officer or member of Borough Council.
S. 
Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise, and to that end, it is unlawful for any person to carry onto or possess in any park a shotgun or rifle or pistol or firearm of any make or kind unless specific permission is granted for a designated area by authority of the Borough.
T. 
Allow pets to run at large out of control.[1]
[1]
Editor's Note: Original Sec. 104, Fishing, of the 1986 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The use of all parks shall be on a first-come, first-served basis unless otherwise reserved:
A. 
By annual permission granted by the Borough Council for the scheduling of various league games, etc;
B. 
For school or college athletic games, practice, contests, or exhibitions;
C. 
For regularly scheduled school district or municipal recreation programs;
D. 
By permission granted by the Borough Council for a specific requested use.
Recreation facilities which become hazardous for public use due to weather, water, fire or unforeseeable conditions may be closed only at the discretion of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The local police are charged with enforcement of the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Westmoreland County.