From and after the effective date of this article, no organization, group or similar entity shall be permitted to use or occupy any public park ground under the jurisdiction of the Borough of McKees Rocks for its particular uses and purposes and to the exclusion of any other group or organization, or the public at large, unless a permit for said use shall first have been obtained from the said Borough of McKees Rocks.
[HISTORY: Adopted by the Borough Council of the Borough of McKees Rocks as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1980 by Ord. No. 1385]
All requests for said permits shall be made to the Borough Secretary of the Borough of McKees Rocks, and the same shall be first referred to the McKees Rocks Borough Recreation Committee for recommendation before any such permit shall be issued. No such permit shall be issued unless it shall be determined that the use proposed to be made of the public park ground for which said permit is applied for is a recreational use and that said recreational use will not be injurious to the public's health, safety, welfare or morals.
All such permits shall be issued for either a single event scheduled for a particular day or particular time of a particular day, or for a repetitive series of events scheduled for particular days or particular times of particular days.
The granting of any permit shall not constitute any approval by said Borough of the purposes, aims, or ideals of any organization, nor shall the same be construed to be anything more than a license to use said public park ground for the purpose for which said use is applied for.
There is hereby levied a permit fee of $35 for each such permit issued, it being understood that if an application for a permit is made for permission to use a public park ground for a repetitive series of events such as scheduled weekly sporting events, only one such permit shall be required. No permit shall be valid for more than one particular public park ground.
All permit fees thus received shall be deposited into a separate fund, which fund shall, until otherwise determined by the Council of the Borough of McKees Rocks, be used for the maintenance, upkeep and improvement of public recreation places in said Borough, or for the advancement of recreation or recreational opportunities in said Borough. Until determined otherwise by the Council of the Borough of McKees Rocks, drafts upon said account shall only be made over the signature of the President of McKees Rocks Borough Council, the McKees Rocks Borough Secretary, the McKees Rocks Borough Treasurer, the McKees Rocks Borough Controller, and one member of the McKees Rocks Borough Recreation Committee, said member to be as designated by said Recreation Committee.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating the provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such 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 Allegheny County.
This article shall be effective immediately.