[HISTORY: Adopted by the Borough Council of the Borough of Jenkintown 8-25-2021 by Ord. No. 2021-1. Amendments noted where applicable.]
The following properties owned by the Borough are hereby designated and dedicated for park and recreational purposes:
A. 
Town Square Park.
B. 
Cedar Street Morretti Park.
A. 
The following activities are prohibited in all Borough parks:
(1) 
Defacing, injuring, displacing, removing or in any other manner damaging any monument, fence, sign, walkway, lawn, turf, shrubbery, building, fruit, plant or any other natural or artificial facility or appurtenance.
(2) 
The holding of meetings, group assemblies, musical or theatrical entertainment or any other gathering arranged through advertising of any sort without the specific advance approval of the Borough and obtaining the appropriate permit.
(3) 
The soliciting of alms or sale of tickets or any merchandise, wares or similar items or the posting of any notices, advertisements or any other article without the specific advance approval of the Borough and obtaining the appropriate permit.
(4) 
The dropping, scattering or otherwise depositing of garbage, wastepaper, rubbish or any other things except in receptacles placed in the park for such materials.
(5) 
Starting any fires or permitting any fire to continue to burn, except as permitted in writing by the Borough and obtaining the appropriate permit.
(6) 
The hunting, trapping, injuring, killing or otherwise disturbing of any birds or animals in the park or the damaging, destruction or removal of any nest or other home of any animal or bird.
(7) 
Allowing dogs to run at large without a leash.
(8) 
Discharging of firearms or fireworks.
(9) 
The consumption, use or possession of any controlled drug and/or device as the same are defined in the Drug Device and Cosmetic Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
(10) 
The use of any motorized vehicle, except those being operated in official capacities as police or maintenance or service vehicles, and also except motorized vehicles which are operating or parked in the designated paved parking areas and drive aisles within the defined boundaries of the Town Center Park.
(11) 
No gambling or any obscene or indecent act shall be allowed in the park. No abusive, indecent or threatening language or conduct that is designed to threaten, harass or intimidate others shall be allowed in the park.
(12) 
No person nor group of persons shall be permitted to loiter on or in the premises of the park to annoy or disturb, in any manner whatsoever, any person while on the park premises, nor interfere with, in any way, their use or enjoyment of the park facilities.
B. 
In addition to the prohibitions applicable to all Borough parks, the following activities are also prohibited in the Cedar Street Morretti Park:
(1) 
The consumption of or possession of any intoxicating liquor, beer, wine, or other alcoholic beverage, unless approved in advance by the Borough and obtaining the appropriate permit.
C. 
In addition to the prohibitions set forth above, Borough Council may adopt further rules and regulations governing the use of all parks and recreation places owned and operated by the Borough by resolution that may be amended from time to time in the determination of Borough Council. A copy of the adopted rules and regulations shall be available for review at the Borough office. Requests for exceptions to the rules and regulations in this chapter should be made to the Borough Manager.
A. 
All parks in the Borough of Jenkintown are hereby designated tobacco- free and the use of any tobacco product or electronic cigarette, in any form, shall be prohibited. For purposes of this chapter, the term "tobacco product" includes the following:
(1) 
Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
(2) 
Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(3) 
Notwithstanding any provision of Subsection A(1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold for such an approved purpose.
B. 
The Borough Manager and Borough Police Chief are hereby authorized to erect and post appropriate signage in the Borough's parks identifying them as tobacco-free zones.
C. 
In addition to the penalties set forth in this chapter or as permitted by law, any person who, after one verbal warning, refuses to comply with this section may be required, by a Borough official or Borough police officer, to immediately leave the tobacco-free zone.
Any group or visitor desiring exclusive use of a park or portion of a park, or who by virtue of the large size of the group might diminish the opportunity for the full enjoyment of the park or portion of the park by others, must apply to the Borough for a permit.
In addition to adopting rules and regulations governing the use of all parks and recreation places owned and operated by the Borough, the Borough shall establish a fee(s) for park permits and other activities by resolution, which fee(s) may be amended from time to time in the determination of Borough Council.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.