[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden 10-22-1998 by Ord. No. 129. Amendments noted where
applicable.]
[Amended 2-18-2020 by Ord. No. 240]
This chapter shall be known as the "New Garden
Township Park and Recreation Ordinance."
This chapter shall apply uniformly to all real
estate owned by the Township of New Garden now established or hereafter
designated as park and recreation areas and shall further apply uniformly
to all persons making use of the areas so designated within the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
The Park and Recreation Advisory Board, as established and
appointed by the Township.
[Added 2-18-2020 by Ord. No. 240[1]]
Any employee of New Garden Township performing work or services
in connection with the park property.
Any lands or facilities owned or leased by the Township of
New Garden designated or used by the Township for purposes of park
and recreation.
Includes any individual, organization, club or entity.
Only residents and/or taxpayers of the Township and such
other clubs, organizations, entities or persons who have obtained,
in the sole discretion of the Township, a written permit from the
Township for use of the park property.
New Garden Township.
[1]
Editor's Note: This ordinance also repealed the former definition
of "Commission," which immediately followed.
A.
All real estate owned or leased by the Township, now
established or hereafter designated as park and/or recreation area,
shall be controlled by and subject to the provisions, rules and regulations
of this chapter.
B.
The Township Secretary shall maintain a list of all
areas designated as park or recreation areas, which list shall be
open to public inspection during regular business hours and shall
particularly show the real estate so designated as park or recreation
areas.
C.
All real estate owned or hereafter acquired by the
Township and designated as park or recreation areas by the Township
shall, upon conveyance thereof, by fee simple, lease, or otherwise,
to the Township, and without the necessity of further action by the
Board of Supervisors, be governed by the provisions of this chapter
and the rules and regulations established herein.
[Amended 2-18-2020 by Ord. No. 240]
[Amended 4-3-2006 by Ord.
No. 165; 2-18-2020 by Ord. No. 240]
The following rules and regulations are hereby
promulgated for the management and protection of the park and recreation
areas located within the Township and for the purpose of insuring
the public health, safety, and welfare of the residents of the Township
using such park system.
A.
Hours. The park shall be open to the public daily.
Anything contained herein to the contrary notwithstanding, no person
shall be permitted within the park system between dusk of any day
and dawn of the following day except upon the issuance of a written
permit by the Township.
B.
Access. No other person, organization, entity or club
shall be permitted access to the park except upon special written
permit issued by the Township.
C.
Protection of property. No person, organization, entity
or club shall, on park property:
(1)
Destroy, deface, alter, change or remove any monument,
stone marker, benchmark, stake, post, or trail marking, or designation
of any boundary line or survey line;
(2)
Cut, break, mark upon or otherwise damage, deface
or destroy any building, structure, equipment, bridge, drain, wall,
foundation, lamppost, fence, gate, hedge or other structure or installation;
(3)
Deface, destroy or remove any placard, notice, or
sign, whether permanent or temporary, posted or exhibited upon park
property;
(4)
Cut, remove, injure, deface, damage or destroy any
tree, plant, shrub, turf, or other land upon the park property, or
break or remove any branch, foliage, tree, or shrub, or pick, gather,
uproot, remove, damage or destroy any flower, fruit, or plant;
(5)
Remove, cause to be removed, dig or alter any natural
or man-made materials (including, but not limited to, gravel, sand,
turf or earth), artifacts, or other items or to dig any sod, earth,
humus, peat, boulder, rock, gravel or sand.
D.
Fires. No person shall, on the park property:
(1)
Set or cause to be set on fire any tree, woodland,
brushland, grassland, meadow or any property, real or personal;
(2)
Build any fire except within the fire places, grills,
receptacles, or open spaces approved and designated by the Board or
the Township;
(3)
Drop, dump, throw or otherwise scatter lighted matches,
ashes, burning cigars, cigarettes, cigarette butts, tobacco paper
or other flammable material.
E.
Wildlife protection. No person shall, on park property,
pursue, catch, attempt to catch, strike, molest, wound or kill any
bird, animal or reptile or disturb any nest, den, burrow, or the like
of any animal.
F.
Parking. No person shall:
(1)
Drive or park any vehicle, motorcycle or cart beyond
the park entrance;
(2)
Park any vehicle, bicycle, motorcycle or cart outside
of designated parking areas;
(3)
Operate any vehicle and stop, stand or park such vehicle
upon a roadway or in a parking area in such manner as to form an obstruction
to traffic thereon;
(4)
Drive upon or park upon any lawn unless specifically
authorized to do so by the Township or the Board;
(5)
Operate a vehicle and park in any place where "no
parking" signs have been erected;
(6)
Operate and park a vehicle in such manner as to block
the exit or removal of another vehicle;
(7)
Operate and park a vehicle in such a manner as to
take up more than one designated parking spot;
(8)
Operate a motor vehicle in excess of 15 miles per
hour in any park unless a higher rate of speed has been posted;
(9)
Operate any vehicle upon any such part of the park
and/or ingress and egress to the park carelessly disregarding the
rights and safety of others or in a manner so as to endanger any person
or property;
(10)
Operate any type of mini-bike, all-terrain vehicles,
snowmobile or other vehicle that is not or cannot be registered for
operation on the public highways except in areas designated and designed
for their purpose and only with the written approval of the Township
and with an appropriate permit;
(11)
Wash or make mechanical repairs on vehicles except
in an emergency.
G.
Equestrian use. No person shall ride or lead a horse
or pony upon any park property unless upon the issuance of an appropriate
special written permit issued by the Township.
H.
Trespass prohibited. No person shall:
(1)
Enter upon any grounds that have been posted by the
Township with "no trespassing" or "special wildlife" signs, or any
sign that would indicate that the area is not open to the general
public without first obtaining a special written permit issued by
the Township;
(2)
Enter any building or structure that is not open to
and regularly used by the public;
(3)
Enter upon or disturb any construction or equipment
on the park property.
I.
Peddling and soliciting. No person shall peddle or
solicit business of any nature whatsoever or collect any funds for
any service or charity or distribute handbills or other advertising
matter or post unauthorized signs on any lands, structures or property
administered by or under the control of the Township.
J.
Drugs and controlled substances. No person shall possess
or be under the influence of any illegal drug or controlled substances
while in or upon any of the park property.
K.
Alcoholic beverages. No person shall possess, or be
under the influence of, any alcoholic beverage while on any part of
the park property unless approved by the Board of Supervisors.
L.
Personal conduct on park property. No person shall,
on park property:
(1)
Engage in any violent, abusive, loud, boisterous,
vulgar, lewd, obscene, or otherwise disorderly behavior or conduct
which causes or tends to cause a breach of the peace or the disturbance
or annoyance of others; or
(2)
Commit any indecent or immoral act or engage in any
sexual activity tending to debauch the morals or manners of the public.
M.
Recreation uses. Athletics and sports shall occur
in designated areas only and there shall be no driving, chipping,
or putting of golf balls on park property.
N.
Use of loudspeakers, radio, CD player, tape recorder
or television. No person shall, on park property, use a loudspeaker,
public address system, amplified musical instruments, amplifier, musical
instrument, radio, CD player, tape recorder, television, etc., that
would interfere with the enjoyment of park guests or in a manner which
tends to disturb the peace or annoy an visitor.
O.
Fireworks. No person shall on park property fire,
discharge or have in his or her possession any rocket, firecracker
or other fireworks or any substance of any explosive nature.
P.
Firearms, hatchets, knives, etc. No person shall on
park property:
(1)
Bring into or upon park property or have in his or
her possession, nor discharge or set off anywhere on said property,
a revolver, pistol, shotgun, rifle, air rifle, air gun, water gun,
or any gun, rifle, firearm or bow or other weapon that discharges
projectiles either by air, explosive substance or by any other force;
except that this section shall not apply to any law enforcement officer
or park employee while carrying out the duties and responsibilities
of his/her position;
(2)
Possess any type of knife, hatchet or axe.
Q.
Littering, dumping and pollution. No person shall,
on park property:
(1)
Discard,
deposit, dump, litter or allow to blow away any refuse of any kind
or nature except by placing said refuse in containers provided for
such purposes;
(2)
Bring
or dispose of any type of trash, refuse or debris in any park, whether
disposing of it in receptacles or not, if such refuse did not result
from park usage within the park property;
(3)
In
areas where recycling receptacles are provided, fail to place refuse
as indicated on container;
(4)
Bring
any glass bottles or glass containers onto park property.
R.
Dogs and pets. No dogs, pets or animals of any kind
will be permitted on park property unless they are on a leash.
S.
Groups. No person or organization shall hold any meeting,
gathering or other function, composed of 25 or more persons, on park
property without first having obtained a written permit from the Township.
The application for permit shall identify the party or organization
conducting the meeting, gathering or function and shall indicate the
approximate number of persons attending the planned event, the hours
for which the planned event is scheduled, equipment to be used, and
such other pertinent information as may be required by the Township.
The application for such a permit shall be made at least 72 hours
prior to the time of the planned event for which permission is being
requested.
In addition to law enforcement agencies (e.g.,
Township police or state police), it shall be the responsibility of
a park employee, if so appointed by the Township, and/or any other
designated Township official or employee to enforce this chapter and
the rules and regulations herein set forth.
Any fees established by the Township for permits
to be issued under this chapter as well as any amendments to the rules
and regulations may be adopted by appropriate resolution of the Township
without the necessity of amendment of this chapter.
Pursuant to Section 1601(c.1)(2) of the Second
Class Township Code,[1] any person who violates this chapter, and/or any rule
or regulation established herein, shall, by action brought before
a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be liable, upon judgment of conviction thereof, to a fine not exceeding
$1,000 per violation, together with costs of prosecution and reasonable
attorney's fees of the Township; and further subject to imprisonment
to the extent allowed by law for the punishment of summary offenses.
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(2).
