[HISTORY: Adopted by the Board of Supervisors of the Township of
Pocopson 10-7-2003 by Ord. No. 2-2003.
Amendments noted where applicable.]
All visitors and other persons entering upon Pocopson Township public
park land shall comply with the provisions of this chapter.
The following words and terms shall have the following meanings for
the purpose of this chapter:
The Pocopson Township Parks and Recreation Department.
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association and any other entity of whatever type.[1]
Any lands, easements (including any open space lands and trail easements)
or facilities owned or leased by Pocopson Township and used for park, recreation
and/or natural habitat preservation purposes.
All those attorneys' fees incurred by the Township in bringing an
action to enforce this chapter and collect fines and penalties in connection
therewith and shall be at that hourly rate annually approved by the Board
for the Township Solicitor.[2]
All employees, agents and other authorized representatives or contractors
of Pocopson Township. The titles "Township employee," "Director of Parks and
Recreation Department," and "Park Superintendent" shall mean the named official
or the official's designee(s).
A.
Use of public park land fields, picnic pavilions or other
facilities by organized groups of 15 or more persons is prohibited without
a park permit obtained from the Department.
B.
Applications for a park permit shall be made a minimum
of seven days in advance of the requested activity, shall be upon the official
forms of the Department and shall be accompanied by the required fees and
deposits. Such fees and deposits shall be established by resolution of the
Pocopson Township Board of Supervisors.
C.
Application for a park permit may be obtained and made
at the Pocopson Township Municipal Building.
D.
In the event that more permit applications are received
than space is available, such applications shall be considered in the order
received by the Department.
E.
No persons under the age of 18 years shall be issued
a park permit.
F.
The holder of a park permit issued by the Department
shall be held responsible for the actions and conduct of the other persons
in his or her group.
G.
No person shall install equipment or make any alterations
or adjustments to existing equipment or facilities within the public park
land without the specific written approval of the Department.
H.
Any person to whom a park permit is issued shall be liable
for any loss, damage or injury sustained by Pocopson Township or by any person
by reason of the conduct of the permit applicant, his/her servants, agents,
guests or employees.
No persons shall be permitted within the public park land between dusk
and dawn except upon the issuance of a permit by the Department.
No person, except Township employees acting in their official capacity,
shall, on public park land:
B.
Cut, break, mark upon or otherwise damage any building
equipment, bridge, drain, wall foundation, lamppost, fence, gate, hedge, or
other structure or installation.
C.
Deface, destroy, or remove any placard, notice, or sign,
whether permanent or temporary, posted or exhibited within or on any public
park land.
No person, other than Township employees acting in their official capacity,
on public park land shall:
A.
Cut, remove, or destroy any tree, sapling, seedling,
bush or shrub, whether alive or dead, or chip, blaze, box, girdle, trim, or
otherwise deface or injure any tree or shrub, or break or remove any branch,
foliage, tree or shrub, or pick, gather, uproot, remove, or destroy any flower,
fruit, plant or grass.
B.
Remove, or cause to be removed, any natural or man-made
materials, artifacts, or archeological or historical items, or dig any sod,
earth, humus, peat, boulder, rock, gravel or sand.
C.
Use a metal detector.
No person on public park land shall:
A.
Set or cause to be set on fire any tree, woodland, brushland,
grassland, or meadow.
B.
Build any fire except within the fireplaces, grills,
receptacles, or open spaces approved and designated by the Department for
such purpose.
C.
Drop, dump, throw or otherwise scatter lighted matches,
ashes, burning cigars, cigarettes, tobacco paper, or other flammable material.
D.
Leave fires unattended at any time or not fully extinguish
fires before abandoning them.
No person on public park land shall:
A.
Pursue, catch, attempt to catch, strike, molest, wound
or kill any animals or disturb any nest, lair, den, burrow, or the like of
any animal; except such limited areas which the Department may from time to
time designate as authorized hunting and fishing areas in accordance with
the fish and game laws of the Commonwealth of Pennsylvania.
B.
Permit dogs, or other pets to pursue, catch, wound, or
kill any animal or to disturb the nests, dens, homes or place of refuge of
any other animal.
No person on public park land shall:
A.
Trap, hunt or allow dogs or other pets to hunt any animal
except in accordance with a permit issued by the Department.
B.
Hunt or pursue any animal that had been wounded or injured
outside public park land and taken refuge within public park land, without
being given permission and accompanied by a Township employee or an officer
of the Pennsylvania Game Commission.
A.
Fishing within the public park land shall be permitted
only in such areas and at such times as are designated by the Department.
In all cases, the Pennsylvania fishing laws shall be applicable to all public
park land lakes, ponds, rivers, streams, creeks, sloughs and other watercourses.
The failure to comply with such Pennsylvania fishing laws shall be a violation
of this chapter.
B.
No person on public park land shall:
No person on public park land or in surface water on such public park
land shall swim (including tubing), bathe or wade unless by permit issued
by the Department or in designated swimming areas, except for wading in streams,
creeks, ponds, and rivers while legally fishing.
No person on public park land or in surface water on such public park
shall:
A.
Use or navigate any boat or other watercraft except at
such time or places as may be provided or designated for such purposes.
B.
Operate a boat or other watercraft unless it complies
with the Fish and Boat Code, 30 Pa.C.S.A. § 101 et seq., and the
regulations promulgated by the Pennsylvania Fish and Boat Commission.
C.
Use air mattresses, inner tubes and inflatable devices
except in designated swimming areas.
D.
Use a boat or other watercraft unless it is registered
with the Department, supplied with approved (and the required number of) personal
flotation devices, and used in a safe, orderly manner so as not to endanger
any person or property.
E.
Launch and retrieve any type of watercraft or inflatable
devices, and those persons utilizing them, for a commercial or for-profit
organization without an approved special activities agreement with the Department
and the payment of any monies required by such agreement.
No persons shall camp on public park land.
A.
No person on public park land shall:
(1)
Park outside of designated parking areas.
(2)
Operate a vehicle and stop, stand or park said vehicle
in any place marked as a passenger or loading zone, other than for expeditious
loading or unloading of passengers, or for the unloading and delivery or pick
up and loading of materials.
(3)
Operate a vehicle and stop, stand or park such vehicle
upon any roadway or in any parking area in such manner as to obstruct to traffic
or another vehicle thereon.
(4)
Drive upon or park upon any lawn unless specifically
authorized to do so by the Department.
(5)
Park a vehicle overnight.
(6)
Operate a motor vehicle in excess of 15 miles per hour
unless a higher speed limit has been posted.
(7)
Operate a vehicle other than on roadways open to and
regularly traveled by the general public except as authorized by the Department.
(8)
Operate any vehicle in a manner which carelessly disregards
the rights and safety of others or in a manner so as to endanger any person
or property.
(9)
Operate any type of mini-bike, trail bike, all-terrain
vehicle, 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 then only with the Department approval and appropriate
permit.
(10)
Fail to yield the right-of-way to any person riding a
horse, hiking or biking on marked trails where such trails cross streets or
roadways.
(11)
Use roadways as thoroughfares; permits are required for
commercial and farm equipment.
No person on public park land shall:
No person on public park land shall:
A.
Operate a bicycle unless as close to the right-hand curb
or right-hand side of the path, trail or roadway as conditions will permit.
B.
Operate a bicycle upon any path, trial or roadway while
carrying any person upon the handlebar or frame of the bicycle, unless the
bicycle is equipped to carry more than one person.
C.
Leave or park any bicycle upon any road or parking lot
that is open for motor vehicle use.
D.
Leave or park any bicycle in any walkway or active play
area.
E.
Ride or operate a bicycle on grass, hillsides, steep
slopes, play areas, picnic areas, ball fields, or in areas congested by people
or motor vehicles.
F.
Operate a bicycle upon any path or trail which is designed
or designated for pedestrian use only.
No person on public park land shall:
A.
Enter upon any grounds that have been posted by the Department
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 permit issued by the Department.
B.
Enter any building that is not open to the public.
C.
Enter upon or disturb any construction equipment.
No person on public park land shall peddle or solicit business of any
nature whatsoever, collect any funds or distribute handbills or other advertising,
unless first obtaining a permit from the Department. The use of public park
land by a commercial or for-profit organization requires an approved special
activities agreement with the Department and the payment of any monies required
by such agreement.
No person on public park land shall interfere with or use profanity
toward or disobey any lawful command of any Township employee or law enforcement
officer in the performance of his or her duties, or fail or refuse to obey
any lawful command or refuse to assist any Township employee or law enforcement
officer during an emergency within the public park land.
No person on public park land shall possess or be under the influence
of alcohol, or a controlled substance in violation of the Pennsylvania Controlled
Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq.
Any alcoholic beverage or controlled substances in the possession of anyone
in violation of this section may be confiscated by a Township employee or
law enforcement officer.
No person on public park land shall:
No person on public park land shall:
No person on public park land shall use, fire, discharge, or have in
his or her possession any rocket, firecracker or other fireworks or any substance
of any explosive nature unless the Department issues a permit for such possession
and use.
A.
No person on public park land shall:
(1)
Have in his or her possession, discharge, or set off a revolver,
pistol, shotgun, rifle, air rifle, air gun, water gun, or any gun, rifle,
firearm, bow or other weapon that discharges projectiles either by air, explosive
substance or by any other force. This section shall not apply to any duly
appointed law enforcement officer while carrying out the duties and responsibilities
of his or her position or to any person specifically authorized by the Department.
(2)
Possess any type of hatchet, ax, or knife not normally
used for food handling or as a pocketknife.
B.
Any article or weapon in any person's possession in violation
of this section may be confiscated by a Township employee or law enforcement
officer.
No person on or above public park land shall make an ascent in any balloon
or aircraft, or a descent in or from any balloon, aircraft or parachute to
said public park land, unless authorized by the Department.
No person on public park land shall:
A.
Discard, deposit, dump, litter or allow to blow away
any type of trash, refuse or debris of any kind or nature except by placing
said trash, refuse or debris in containers provided for such purposes.
B.
Bring or dispose of any type of trash, refuse or debris
to any such public park land whether disposing of it in receptacles or not,
if such trash, refuse or debris did not result from usage within the public
park land.
C.
Fail to place trash, refuse or debris in appropriately
marked recycling receptacles provided for such purposes.
No person on public park land shall:
A.
Use roller skates, in-line skates or a skateboard except
at such times and upon such places as may be designated or maintained for
that purpose.
B.
Skate, walk or go upon any ice formed on any surface
water, including lakes or ponds.
C.
Coast with hand sleds, bobsleds, carts or other vehicles,
on wheels or runners, except at such times and places as may be designated
or maintained for that purpose within the public park land.
No person on public park land shall:
A.
Cause any animal or fowl to run at large, except in designated
areas.
B.
Bring, drive or lead any animal onto public park land
to be ridden by any persons or driven before a vehicle attached thereto, except
for horses, in areas as may be designated for riding or driving by the Department
by permit.
C.
Bring, drive, lead or carry any pet (dogs or other domestic
animals) which is unleashed or on a leash more than six feet in length. All
pets must be under the immediate control of a competent person. No pets are
allowed in picnic areas or children's play areas. Pet owners must remove feces
deposited by their pets on public park land.
D.
Permit any pet to enter any Township building or enter
any designated swimming area except for a trained Seeing Eye dog, or a similar
dog aiding a disabled individual.
E.
Bring any pet into public park land unless said pet has
been properly inoculated and has a current license, if so required.
F.
Allow any pet dog to enter into any water area except
in those areas designated as dog training areas where retriever dogs may enter
the water for training purposes, and in designated hunting areas.
Nothing in these rules shall:
A.
Prohibit or hinder duly authorized agents of the Department,
Township employees or any law enforcement officers from performing their official
duties.
B.
Prohibit the authorized agents of the Department or Township
employees from establishing emergency rules and regulations required to protect
the health, welfare and safety of public park land visitors.
The rules and regulations described herein shall be conspicuously posted
on public park land. The posting required by this section shall be placed
and maintained by the Department.
In accordance with the Second Class Township Code, 53 P.S. § 67203(b), any
person who violates or permits the violation of any provision of this chapter
shall, upon being found liable thereof in a criminal enforcement proceeding,
pay a fine of not more than $1,000, plus court costs and reasonable attorneys'
fees, and may be incarcerated for a period not exceeding 90 days for each
and every violation. Such fine, costs, attorneys' fees, and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure. Each
twenty-four-hour period during which failure to comply continues shall constitute
a separate violation. The Township Code Enforcement Officer shall initiate
criminal enforcement proceedings in order to achieve compliance with this
chapter.
