[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 3-14-2007 by Ord. No. 2007-481 (Ch. 110 of the 1996 Code). Amendments
noted where applicable.]
Patton Township has designated certain Township-owned
properties as recreation areas, distinct from active parkland, and
has acquired or is in possession of other certain open space properties
specifically designated to be preserved from development as residential,
commercial, industrial, or nonrecreational public uses. Recreation
areas are intended to provide recreational opportunities, such as,
but not limited to, hiking, nature enjoyment and cross-country skiing,
that create minimal impacts on the natural landscape. Standards of
conduct are provided to promote responsible use and enjoyment of these
properties by residents and other users.
A.
This chapter shall
establish rules and regulations for conduct on tracts of land that
have been acquired by the Township for open space preservation and/or
designated by the Board of Supervisors as recreation areas. This chapter
establishes rules and regulations for conduct for:
B.
In addition to
general rules and regulations for conduct for Township open space
or recreation areas, property-specific rules and regulations may be
promulgated by the Patton Township Board of Supervisors. In instances
of conflict between general rules and regulations and property-specific
rules and regulations, the application of this chapter shall be in
accordance with the property-specific rules and regulations, excepting
that the lack of a prohibition of an activity within the property-specific
rules and regulations shall not be construed to permit said activity
if prohibited elsewhere in this chapter. Property-specific rules and
regulations are provided herein for:
C.
In addition to
general and property specific rules and regulations contained herein,
certain lands may be subject to additional restrictions or conditions
of use in accordance with a conservation easement or other instrument.
In instances of conflict between general rules and regulations, property-specific
rules and regulations, and restrictions or conditions of use in accordance
with a conservation easement or other instrument, the application
of this chapter shall be in accordance with the conservation easement
or other instrument, excepting that the lack of a prohibition of an
activity within a conservation easement or other instrument shall
not be construed to permit said activity if prohibited elsewhere in
this chapter. The following properties are governed by a conservation
easement or other instrument:
(1)
Haugh Family
Farm Open Space: Conservation easement recorded at Book 1912, Pages
0707 to 0722, Centre County Recorder of Deeds.
(2)
Declaration of restrictive
covenants and easements between Gray's Woods Partnership and Patton
Township recorded at Book 2211, Page 944, Centre County Recorder of
Deeds.
[Added 7-18-2018 by Ord.
No. 2018-593]
(3)
Easement agreement between
the Seigland Irrevocable Trust, Patton Development Company I, Patton
Development Company II, Charlestown Partners, and Sherwood LP ("Grantors")
and Patton Township recorded at Book 2210, Page 264, Centre County
Recorder of Deeds.
[Added 7-18-2018 by Ord.
No. 2018-593]
(4)
Easement agreement between
State College Friends Limited Partnership and Patton Township recorded
at Book 2211, Page 943, Centre County Recorder of Deeds.
[Added 7-18-2018 by Ord.
No. 2018-593]
As used in this chapter, the following terms
shall have the meanings indicated:
All waste matter eliminated from the bodily system, such
as, but not limited to, sputum, vomit, urine or fecal matter.
Shall be deemed to include all lands, trails, parking areas,
structures, fields, woodlots, wetlands and also entrances and approaches
thereto and land or property or structures under the jurisdiction
of the Board of Supervisors, and all other land now or hereafter owned
or acquired by Patton Township for open space preservation or for
use as designated recreation areas and specifically designated by
the Township as subject to the rules and regulations contained herein.
An off-leash dog under owner/custodian control shall stop,
stand or go to owner as commanded by voice, whistle or other signal
or means.
Any written authorization issued by or under the authority
of the Board of Supervisors permitting specified privilege or activity
within a Township open space or recreation area.
Any natural person, corporation, organization of persons,
company, association or partnership.
Any peace officer of Patton Township or the Commonwealth
of Pennsylvania or any employee of the Township appointed as a special
park police officer for the purpose of the enforcement of law and
order within parks, open spaces and recreation areas.
In the interpretation of the rules and regulations
affecting open space and recreation areas, their provisions shall
be construed as follows:
A.
Terms in singular.
Any term in the singular shall include the plural.
B.
Terms in masculine.
Any term in the masculine shall include the feminine and the neuter.
C.
Extension of rules
and regulations. Any requirement or provision of these rules and regulations
relating to any act shall respectively extend to and include the causing,
procuring, aiding or abetting, directly or indirectly, of such act;
or the permitting or the allowing of any minor in the custody of any
persons doing any act prohibited by any provisions thereof.
D.
Acts not unlawful.
No provision hereof shall make unlawful any act necessarily performed
by any police officer or employee of the Township in the line of duty
or work as such, or by any person, their agents or employees, in the
proper and necessary execution of the terms of any agreement with
the Township.
E.
Permits. Any act
otherwise prohibited by these rules and regulations, provided that
it is not otherwise prohibited by law or local ordinance, shall be
lawful if performed under, by virtue of and strictly in compliance
with the provisions of a permit and to the extent authorized thereby.
F.
State and federal
laws. These rules and regulations are in addition to and supplement
all state and federal laws.
A.
Disturbing the
peace. No person shall disturb the peace by any act.
B.
Immorality and
indecency. No person shall do any obscene or indecent act, or display,
expose or distribute any picture, banner or other object suggestive
of sex in a lewd, indecent or immoral way.
C.
Unbecoming language.
No person shall use threatening, abusive, insulting, profane or obscene
language or words.
D.
Soliciting money.
No person shall solicit money, subscriptions or contributions for
any purpose unless authorized by permit from the Board of Supervisors.
E.
Controlled substances
and alcoholic beverages. No person shall enter a Township open space
or recreation area in an intoxicated condition nor shall any person
have in their possession or drink or use alcoholic beverages nor shall
any person have in their possession or use any controlled substance.
F.
Dangerous conduct.
No person shall interfere with, encumber, obstruct or render dangerous
any Township open space or recreation area or part thereof.
G.
Excreta.
(1)
No person
shall emit, eject or cause to be deposited in any Township recreation
area any excreta of the human body, except in proper receptacles designated
for such purposes.
(2)
Any person
in control of a leashed or owner/custodian-controlled dog or in control
of an attended, well-broken horse shall remove any deposited animal
excreta on trails or pathways.
H.
Improper admission.
No person shall gain improper admission to, or use of, or attempt
admission to any Township open space or recreation area facility for
which a charge is made without paying the fixed charge or price of
admission.
I.
Motorized vehicles.
No use of snowmobiles, minibikes, motorcycles or any motorized vehicles,
recreational or otherwise.
J.
Disobeying authorities
and signs. No person shall, in any Township open space or recreation
area, disobey a proper order of a police officer or any employee designated
by the Board of Supervisors to give orders. Nor shall any person in
any Township open space or recreation area disobey, disregard or fail
to comply with any rule or regulation, warning, prohibition, instruction
or direction, posted or displayed by sign, notice, bulletin, card,
poster or when notified or informed as to its existence by an employee
or other authorized person.
K.
Camping. Day or
overnight camping of any type is prohibited except as authorized by
permit.
L.
Safety zones.
No person shall hunt for, shoot at, trap, take, chase or disturb wildlife
within 150 yards of any occupied residence, camp, industrial or commercial
building, farmhouse or farm building, school, playground or sports
fields. No person shall shoot into a safety zone, even if hunting
outside of the zone, nor drive game, even without a firearm or bow
within a safety zone. The safety zone for archery hunters and crossbows
is reduced to 50 yards, except around playgrounds, sports fields,
schools, nursery schools or day-care centers, the safety zone remains
150 yards.
A.
No person shall:
(1)
Deface, plant,
gather, cut, dig, remove, pluck, pull up or out, or otherwise maliciously
injure any plants or parts thereof, including trees, shrubs, vines,
flowering plants and cultivated crops. (Mushrooms and fruits of berry-producing
plants may be picked.)
(2)
Break, injure,
deface or destroy or cause damage to any building, cage, pen, monument,
fence, bench or other structure, apparatus, way-finding map, historical
or archeological resource, trail sign or other appurtenance or mark
or write upon any building, monument, fence, bench or other structure
or injure, deface or remove any property real or personal structure,
equipment, signs or other Township open space or recreation area property.
(3)
Occupy, use,
construct, place or maintain structures or other tangible property,
except that portable hunting blinds and stands may be used, provided
no damage is caused to tree(s).
(4)
Remove or
attempt to remove any man-made or natural object, except wildlife
and fish lawfully taken. Objects that may not be removed include animals,
rocks, minerals, sand, and historical or archaeological artifacts.
(5)
Feed wildlife
or place any food, fruit, hay, grain, chemical, salt or other minerals.
B.
Setting of fires.
No fires shall be set in any Township open space or recreation area
except in areas where fires are designated as permitted or except
as authorized by permit.
C.
Discharging in
bodies of water. No person shall contaminate, pollute, or degrade
groundwaters or surface waters or waterways.
D.
Animals in open
space or recreation areas. No person owning or being custodian of
or having control of any animal shall cause or permit same to go at
large in any open space or recreation area, excepting dogs which are
permitted off-leash under owner/custodian control. No person shall
release any domestic animal, captive-bred or captive-raised game or
wildlife.
E.
Horses. Riders
shall keep horses on established trails. No person shall ride or lead
a horse into or upon lawns or other prohibited areas in Township open
space or recreation areas, nor shall any person bring into Township
open space or recreation areas any horse not well broken, any horse
unattended or not mounted or any horse led by a vehicle.
F.
Waste matter.
No person shall deposit, drop or leave any papers, bottles, debris
or other waste matter or refuse of any kind in Township open space
or recreation areas or part thereof except in such receptacles as
may be provided for the purpose.
A.
Use of vehicles.
Properly licensed and registered vehicles are permitted on roads open
to traffic. Vehicles shall be operated at a reasonable speed, not
to exceed 15 miles per hour unless otherwise posted. No person shall
operate any motor vehicle on any roadway in any Township open space
or recreation area at any rate of speed greater than is reasonable
having regard to the width of the roadway, traffic and use of such
roadway, intersection with other roadways, weather and other conditions,
and in no event shall any vehicle be operated on such roadway at a
speed in excess of 15 miles per hour unless otherwise posted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Parking. Vehicles
to be operated on roadways and parked in approved areas. No person
shall operate any vehicle in any part of a Township open space or
recreation area except on roadways established for the operation of
vehicles, nor shall any person park any vehicle in any area except
those specifically designated for parking purposes. Parking is permitted
along Scotia Range Road at pull outs at trailheads.
C.
Repairs to vehicles.
No person shall make repairs to any vehicle in any Township open space
or recreation area except those of a minor nature, and then only in
cases of emergency.
D.
Emergency and
maintenance vehicles. Motorized vehicles are prohibited outside of
designated roadways and parking areas in Township open space and recreation
areas, except in cases deemed to be an emergency or in cases of maintenance
as deemed necessary by police officers of the Township or state or
Township employees.
A.
Permits. A permit
to do any act shall authorize the same only insofar as it may be performed
in strict accordance with the written terms and conditions thereof.
Any violation of any law, ordinance or rule or regulation by the holder
or agents of the holder of any permit shall constitute grounds for
revocation, which action shall be final. In case of revocation, all
moneys paid therefor shall, at the option of the Township Manager,
be forfeited and shall leave the violator liable for all damages or
loss suffered in excess of such forfeited or retained money, and such
moneys retained or damages paid, or both, shall not relieve such person
from liability to punishment for violation of any law, ordinance,
rule or regulation.
B.
Public events.
No person shall conduct, operate, present or manage in Township open
space or recreation areas a parade, drill, maneuver, public meeting,
ceremony, speech, address, public contest, exhibit, dramatic performance,
spectacle, play, motion picture, fair, circus or show of any kind
or nature, band, choir, glee club or orchestra without a permit.
C.
Selling concessions.
No person shall in any Township open space or recreation area exhibit,
sell or offer for sale, hire, lease or let out any object, service
or merchandise or anything whatsoever, whether corporal or incorporal,
except under a permit.
D.
Advertising. No
person shall advertise in any Township open space or recreation area
in any manner whatsoever for any reason whatsoever, except by permit.
A.
Permitted activities:
(1)
Agricultural
use by lease from the Township.
(2)
Walking, horseback
riding on trails, cross-country skiing on trails, nature study, bird
watching, fishing and hunting, and bicycling (no trail obstructions).
(3)
Other educational
or scientific activities consistent with and in furtherance of the
conservation objectives contained within the conservation easement.
(4)
Maintenance
and improvement activities undertaken or approved by the Township
and in accordance with the conservation stewardship plan.
(5)
Dogs off-leash
but under owner/custodian control.
A.
Permitted activities:
(1)
Hunting in
compliance with state game regulations from September 16 to January
31.
(2)
Carrying
unloaded weapons with safety engaged by hunters to and from the adjacent
State Game Lands 176 and the Haugh Family Farm open space from February
1 to September 15.
(3)
Removing
game taken in compliance with state game regulations on the adjacent
Game Lands 176 and the Haugh Family Farm open space.
(4)
Dogs off-leash
but under owner/custodian control.
(5)
Twenty-four-hour
usage, except camping.
[Added 7-18-2018 by Ord.
No. 2018-593]
A.
Permitted activities.
(1)
Hunting in compliance with
state game regulations.
(2)
Walking, horseback riding
on trails, cross-country skiing on trails, nature study, bird watching,
fishing and hunting, and bicycling (no trail obstructions).
(3)
Other educational or scientific
activities consistent with and in furtherance of the conservation
objectives contained within a conservation easement.
(4)
Maintenance and improvement
activities undertaken or approved by the Township and in accordance
with a conservation plan, stewardship plan or best management practice.
(5)
Dogs off-leash but under
owner/custodian control.
(6)
Twenty-four-hour usage, except
camping.
[Added 7-18-2018 by Ord.
No. 2018-593]
A.
Permitted activities.
(1)
Walking, cross-country skiing
on trails, nature study, bird watching, and bicycling (no trail obstructions).
(2)
Other educational or scientific
activities consistent with and in furtherance of the conservation
objectives contained within a conservation easement.
(3)
Maintenance and improvement
activities undertaken or approved by the Township and in accordance
with a conservation plan, stewardship plan or best management practice.
(4)
Twenty-four-hour usage, except
camping.
[Amended 7-18-2018 by Ord. No. 2018-593]
In order to preserve open space or recreation areas and facilities,
and protect the safety of users of the open space or recreation areas
and their facilities, the Township Manager shall have the authority
to designate open space or recreation areas and parts thereof as restricted
to the use of the public at certain times as they deem necessary.
[Amended 7-18-2018 by Ord. No. 2018-593]
A.
Police officers of the Township
or state, or Township employees appointed as special park police,
shall have the authority to enforce these rules and regulations for
municipal open space and recreation areas.
B.
Any person, firm, association
or corporation who or which shall violate or fail, neglect or refuse
to comply with the provisions of this chapter shall, for each and
every such violation, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and court costs, including reasonable
attorney fees. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day's continuance of a violation
shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
