[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick 2-11-1999 by Ord. No. 99-1. Amendments noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 133.
Littering — See Ch. 168.
As used in chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOARD
The Board of Supervisors of Upper Frederick Township, Montgomery Pennsylvania.
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 Upper Frederick Township for park or recreational purposes.
PERSON
Any natural person, corporation, organization of persons, company, association or partnership.
RECREATION BOARD
The Upper Frederick Township Recreation Board, as constituted and established by chapter.
RULES AND REGULATIONS
Any rules and regulations hereby or hereafter promulgated by the Recreation Board under the authority herein conferred.
There is hereby created, constituted and established a Recreation Board consisting of five members, who shall be residents of Upper Frederick Township. The Board of Supervisors shall designate one such member to serve until the first day of January following the original effective date of chapter, and one each until the first day of January for the next four years; and, thereafter, shall reappoint or appoint five successors on the expiration of the respective terms to serve five years, and shall fill any vacancy for the unexpired term of any member whose term becomes vacant.
A. 
All parks, open spaces and recreation areas shall be open from sunrise to sunset, except for such activities and/or events which are specifically permitted in writing by the Board, upon application thereto.
B. 
Camping and fires will be permitted in designated areas by permit only.
C. 
All reservations and permits will be issued by the Township Secretary, and a registration fee will be required to ensure proper use and care of the park property. The fee will be returned, provided areas used are found in proper condition at the conclusion of the event or activity.
D. 
In addition, a deposit in an amount, as established from time to time by resolution of the Board, will be charged for keys to any gates, structures or locked facilities, which deposit will be returned when the keys have been returned to the Township Office.
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 Upper Frederick Township located within the park.
B. 
Litter any area of the park with garbage, paper, bottles, cans or other waste material; nor 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 Recreation Board.
D. 
Remove any bench, seat, table or other item without permission of the Recreation Board.
E. 
Injure, deface, destroy or remove any notice, rule or regulation posted at any place within the park by authority of the Recreation Board; nor shall any notice or placard be posted within the park other than by authority of said Board.
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 Recreation Board; distribute, sell, service or rent any services or commodity or solicit for any purpose without permission of the Recreation Board.
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 Recreation Board 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 Recreation Board 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 Recreation Board.
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 Recreation Board, 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 Recreation Board 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 the Recreation Board or an authorized person.
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 Recreation Board.
T. 
Allow pets to run at large out of control.
All laws pertaining to fishing in the commonwealth shall apply to fishing in parks and recreation areas and provisions thereof are hereby incorporated by reference.
The use of all parks shall be on a first come, first served basis unless otherwise reserved:
A. 
By annual permission granted by the Recreation Board 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 Recreation Board for a specific requested use.
The Recreation Board is authorized to establish such additional rules, regulations and restrictions as may be deemed necessary, from time to time, with the approval of the Board of Supervisors of Upper Frederick Township, which rules, regulations and restrictions shall, upon posting, be enforceable as part of chapter, with violations thereof punishable as hereinafter provided.
Areas or facilities within the park, open space or recreation areas which become hazardous for public use due to weather, water, fire or other natural or unenforceable conditions may be closed, and public access thereto prohibited, at the discretion of the Recreation Board or the Board of Supervisors of Upper Frederick Township. Entry of any person or individual into, in or about such designated area or areas within the park, open space or recreational areas shall be prohibited and shall constitute a trespass on property owned by Upper Frederick Township and may be punishable under the terms of the Pennsylvania Crimes Code.
The Township Code Enforcement Officer, or other duly appointed official, as may be hereinafter designated by the Board, from time to time by resolution, are charged with the enforcement of the provisions of chapter, and of rules and regulations promulgated by the Recreation Board.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of chapter, or any rules and regulations promulgated hereunder, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither timely pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues, or each section of chapter which shall be found to have been violated, shall constitute a separate violation.