Borough of Downingtown, PA Article I Rules and Regulations

[Adopted 8-10-1970 by Ord. No. 719]

§ 203-1 Rules and regulations enumerated.

The following rules and regulations are hereby established for the management and protection of parks and playgrounds located within the Borough, hereinafter designated as "the parks":

A. The parks shall be open daily to the public between the hours of 6:00 a.m. and 11:00 p.m. At 11:00 p.m., all activities in the parks shall cease, and all persons in the parks shall leave as soon as possible thereafter, except those activities under the supervision of the Historic or Parks and Recreation Commissions or those who have permits. No person, other than authorized employees thereof, shall be in the parks at any time between 11:00 p.m. and 6:00 a.m. the following morning, except as aforementioned.

[Amended 4-7-1999 by Ord. No. 99-6; 5-18-2016 by Ord. No. 2016-03]

B. No person shall injure, deface, remove, cut or damage any of the trees, plants, shrubs, turf, buildings, structures or fixtures therein or any other property of the Borough located within the parks.

C. No person shall remove any bench, seat or table from the parks or change the location thereof without permission from the Park Superintendent or the Borough Council.[1]

[Amended 4-7-1999 by Ord. No. 99-6]

[1] Editor's Note: Reference to the "Historical and Parks Commission" was removed and replaced with the “Borough Council,” pursuant to Ord. No. 2014-03, adopted 2-5-2014, which repealed the Historical and Parks Commission and vested all authority formerly assigned to it in the Borough Council or Borough staff as directed by Borough Council.

D. No person shall conduct himself within the parks so as to annoy any other person using the parks for recreational purposes.

E. Application.

[Amended 7-14-1993 by Ord. No. 93-5; 3-15-1994 by Ord. No. 94-1]

(1) No person or organization shall hold any meeting or gathering assembled through advertisement or public notice or any gathering otherwise assembled and composed of 25 or more persons, within the limits of the parks, without first having made application to the Director for a permit. Any person wishing to reserve a pavilion located in any Borough park or playground must, regardless of the number of people to occupy the pavilion, make application to the Director for a permit. The fee for a permit to occupy a pavilion shall be established by resolution of Borough Council. Such permit shall indicate the spot in the parks where such gathering or meeting will be held, and such gathering shall not be held at any other spot within the parks.

(a) Fee for residents reserving a pavilion. In accordance with § 203-1E(1) applicants who are Borough residents shall pay the following fees:

[Added 5-1-2002]

[1] The minimum fee to occupy a pavilion is $35.

[2] A fee of $75 if at least 30 but fewer than 50 people are expected to occupy a pavilion.

[3] A fee of $150 if at least 51 but fewer than 150 people are expected to occupy a pavilion.

[4] A fee of $150 plus a mass gathering permit fee[2] if more than 151 people are expected to occupy a pavilion.

[2] Editor's Note: See § 173-10, Permit fees.

(b) Fee for nonresidents reserving a pavilion. In accordance with § 203-1E(1), applicants who are not Borough residents shall pay the following fees:

[Added 5-1-2002]

[1] The minimum fee to occupy a pavilion is $105.

[2] A fee of $225 if 30 but fewer than 50 people are expected to occupy a pavilion.

[3] A fee of $450 if at least 51 but fewer than 150 people are expected to occupy a pavilion.

[4] A fee of $450 plus a mass gathering permit fee[3] if more than 151 people are expected to occupy a pavilion.

[3] Editor's Note: See § 173-10, Permit fees.

(c) Security deposit fee for reserving a pavilion. In accordance with this subsection, applicants pay the following fee in addition to the fees listed in Subsection E(1)(a) and (b). A security deposit fee of $50 which will be refunded if, upon inspection, the pavilion is not damaged in any way and all waste and/or garbage is disposed in the receptacles designated for that purpose.

[Added 8-20-2003]

(2) Any individual or organization who or which wishes to reserve any Borough athletic facility, including but not limited to tennis courts, basketball courts, volleyball courts, football fields, soccer fields, baseball fields and the like, shall, prior to use of the facility, make an application to the Director for a permit. The applicant shall comply with all procedures in this article referring to requirements to make an application for a permit. Such permit shall indicate the date(s) and time(s) the athletic facility shall be reserved. The fee for the permit and any waiver of the permit fee or other fees will be established by resolution of Borough Council. The fee for reserving the athletic facilities shall supersede the fees for holding a meeting or gathering in the park.

(a) Fee for reserving an athletic facility. In accordance with § 203-1E(2), the applicant shall pay the following fees.

[Added 8-20-2003]

[1] For Drib-L: $21 per night; for each athletic facility: $15 per hour.

[2] For park/field lights a week: $55 per game, $100 per two or more games; $150 per three or more games.

[3] The Downingtown Area Recreation Consortium (DARC) shall be exempt from paying a fee to reserve any athletic facility.

[4] United Spirit Soccer Club shall be exempt from paying a fee to reserve any athletic facility. The club will maintain the fields at Johnstown Parks.

[5] Chester County Volleyball Association will pay $25 per night for the use of the volleyball court(s).

[6] The Downingtown Little League will pay $15 per game for the use of any athletic facilities. Weekends, it will pay $15 per day for the use of any athletic facilities. If it play less then five innings, it will not be charged.

(3) The application for such permit shall be in the name of a person who shall be responsible for seeing that all refuse left by the group shall be placed in proper containers or removed from the grounds before leaving the park. The application for permit shall also indicate the sponsoring person(s) or organization(s), 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.

(4) The application for such permit shall be made at least 30 days prior to the time of the planned use for which permission is being requested.

(5) The person or organization making application for a permit pursuant to this subsection must be a resident of the Borough of Downingtown or an owner of a business located within the Borough and must provide a street address and telephone number within the Borough.

(6) The applicant shall pay all fees at the time of the application.

F. For all gatherings for which the Borough determines that additional police security is necessary or which require additional services of the Borough's Street Department, such security and street services must be paid for by the sponsor(s) of the gathering.

[Amended 7-14-1993 by Ord. No. 93-5]

G. Motor vehicles of any kind are not allowed on park grounds without special permission from the Borough, except those vehicles used in the course of park maintenance or other necessary activity.

H. Sound equipment (amplification) shall be permitted in the parks only by special permission from the Borough.

I. No person shall set up any booth, table, stand or structure whatsoever within the limits of the parks without the consent of the Borough, which shall have authority to refuse such consent in any instance.

[Amended 4-7-1999 by Ord. No. 99-6; 5-18-2016 by Ord. No. 2016-03]

J. No person shall dispose of any waste or garbage in the parks except in the receptacles designated for the respective purposes. All persons using the parks shall dispose of all waste and garbage left by them in such proper receptacles.

K. No person shall injure, deface or destroy any notice, rule or regulation posted at any place within the parks by authority of the Borough Council,[4] nor shall any person post, at any place within the parks, any notice or placard, other than by authority of the Borough Council.

[Amended 4-7-1999 by Ord. No. 99-6]

[4] Editor's Note: Reference to the "Historical and Parks Commission" was removed and replaced with the "Borough Council," pursuant to Ord. No. 2014-03, adopted 2-5-2014, which repealed the Historical and Parks Commission and vested all authority formerly assigned to it in the Borough Council or Borough staff as directed by Borough Council.

L. No person shall set or maintain any fire in the park except in stoves and fireplaces maintained for the purpose and located by authority of the Borough Council.[5]

[Amended 4-7-1999 by Ord. No. 99-6]

[5] Editor's Note: Reference to the "Historical and Parks Commission" was removed and replaced with the "Borough Council," pursuant to Ord. No. 2014-03, adopted 2-5-2014, which repealed the Historical and Parks Commission and vested all authority formerly assigned to it in the Borough Council or Borough staff as directed by Borough Council.

M. No person shall bring any alcoholic beverages into the parks, either for his own use or for the use of any other person, excluding special events approved by the Borough Council and with the appropriate State Liquor Control Board permit. "Alcoholic beverages" shall be defined as any liquor or brewed or malt beverage as defined by the Liquor Code of the Commonwealth of Pennsylvania, Act of April 12, 1951, P.L. 90, Article I, Section 101 et seq., as amended, 47 P.S. 1-101, et seq., as amended.

[Amended 5-18-2016 by Ord. No. 2016-03]

N. No person, other than an officer of the law, shall carry any firearm within the limits of the parks.

O. No domestic animals shall be permitted within the park limits.

[Added 8-13-1986 by Ord. No. 86-11]

§ 203-2 Waiver of permit fee and advance notice.

[Added 7-14-1993 by Ord. No. 93-5]

A. The Director, upon approval of the Borough Council President, shall have the right to waive the permit fee and/or the requirement of advanced notice of 30 days for spontaneous public gatherings or meetings within the parks and playgrounds intended to celebrate events of importance to the Borough, the Commonwealth of Pennsylvania and the nation, including celebrations of the accomplishments of local sports teams and the ends of wars or other conflicts of national significance.

B. The Director shall have the right to waive the permit fee and/or the requirement of advanced notice of 30 days for groups or organizations of a religious, charitable or nonprofit nature or for any group or organization if there are circumstances unique to that group or organization which justify the waiver to assure the public safety and welfare of the Borough or the Borough's best interest.

[Added 12-8-1993 by Ord. No. 93-16]

§ 203-2.1 Conditions for permit.

[Added 7-14-1993 by Ord. No. 93-5]

A. The individual making application, either individually or on behalf of an organization, must meet the residency requirements of § 203-1E and shall provide a Borough street address within the application and a Borough phone number. A post office box address will not be acceptable, and the Director shall have the right to deny the permit when a street address is not provided within the application.

B. A copy of the permit application shall be sent to the Mayor, the Police Chief and the President of Borough Council.

C. Any permit issued under this article shall be subject to the following conditions, and the applicant shall be responsible for assuring that all participants of the gathering abide by said conditions:

(1) Each applicant shall set forth within its application the names and addresses of all parties, entities or associations sponsoring the gathering or otherwise interested or participating in the gathering. If the event is sponsored by a charitable, patriotic or religious group, body or corporation, then its officers shall verify the application and any statements made in the application.

(2) The participants shall not engage in any illegal activities or engage in any conduct which violates the ordinances, statutes, laws or enactments of this Borough and the Commonwealth of Pennsylvania.

(3) The participants shall not engage in any loud, boisterous conduct or allow loud noise, talk or music to a degree that causes annoyance to other residents.

(4) No profane, indecent or obscene talk shall be permitted.

(5) The individual or organization sponsoring the gathering shall be responsible to the Borough for any damage caused to Borough property by the participants of the gathering. Where the applicant is not the individual or organization sponsoring the gathering, then the Borough shall have the right to contact the applicant to seek reimbursement for the damages caused to Borough property.

(6) Any violation of any one or more of the regulations and conditions set forth above shall be sufficient grounds for the Director or his or her designee to immediately revoke the permit and order the participants to disperse. The Director shall also suspend for two years the right of any person, association, organization or other entity which participated in the violation to apply for another permit. The Borough also reserves the right to deny a subsequent application by a person, association or other entity who or which engaged in conduct that, while not specifically prohibited above, was detrimental to the public health, safety or welfare.

(7) The Director or his or her immediate subordinate shall have the right to continue any suspension beyond two years if the Director, in his sole discretion, determines that the violator will not comply with the regulations set forth above or continues to be a threat to the public health, safety and welfare.

§ 203-2.2 Appeals.

[Added 7-14-1993 by Ord. No. 93-5]

Any individual or organization who has been denied a permit or whose permit has been revoked or right to apply for a permit suspended shall have the right to appeal said denial, suspension or revocation to Borough Council, in writing, within 15 days from receipt of notice of said denial, suspension or revocation. Borough Council shall conduct a hearing on said appeal within 30 days from the date of filing the appeal. Borough Council shall render a decision within 45 days after the hearing either upholding the denial, suspension or revocation or granting the appeal and ordering the Director to grant the permit or rescind his or her revocation or suspension notice.

§ 203-2.3 Certificate of insurance.

[Added 7-14-1993 by Ord. No. 93-5]

Any individual or organization who wishes to reserve any of the Borough's athletic facilities, including tennis courts, basketball courts, volleyball courts, football fields, soccer fields, baseball fields and the like, shall, prior to use of the facilities, submit to the Borough a certificate of insurance issued by a reputable insurance company which indicates comprehensive commercial general liability insurance coverage insuring the Borough of Downingtown, its officers, agents and employees from liability to persons or property with limits of not less than $100,000 per person, $300,000 per occurrence and $50,000 for property damage. The Borough of Downingtown, its officers, agents and employees shall be named as coinsured persons or as additional insured parties. The certificate should indicate that such policies shall not be cancelable by the insurer without 10 days' prior written notice to the Borough of Downingtown.

§ 203-2.4 Violations and penalties. [1]

[Amended 10-10-1990 by Ord. No. 90-16]

Any person who shall violate any of the rules and regulations contained in § 203-1 of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine costs, to imprisonment for a period of not to exceed 30 days, for each and every offense, provided that each day's violation of any of the provisions above shall constitute a separate offense.

[1] Editor's Note: This section, originally designated § 203-2, was renumbered § 203-2.4 by Ord. No. 93-5, adopted 7-14-1993.