[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.]
As used in chapter, the following terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
The Board of Supervisors of Upper Frederick Township, Montgomery
Pennsylvania.
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.
Any natural person, corporation, organization of persons, company,
association or partnership.
The Upper Frederick Township Recreation Board, as constituted and
established by chapter.
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.
