[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 3-14-2007 by Ord. No. 2007-481. Amendments noted where applicable.]
Patton Township has designated certain Township-owned
properties as recreation areas, distinct from active parkland, and
has acquired or is in possession of other certain open space properties
specifically designated to be preserved from development as residential,
commercial, industrial, or nonrecreational public uses. Recreation
areas are intended to provide recreational opportunities, such as,
but not limited to, hiking, nature enjoyment and cross-country skiing,
that create minimal impacts on the natural landscape. Standards of
conduct are provided to promote responsible use and enjoyment of these
properties by residents and other users.
A.
This chapter shall establish rules and regulations
for conduct on tracts of land that have been acquired by the Township
for open space preservation and/or designated by the Board of Supervisors
as recreation areas. This chapter establishes rules and regulations
for conduct for:
B.
In addition to general rules and regulations for conduct
for Township open space or recreation areas, property-specific rules
and regulations may be promulgated by the Patton Township Board of
Supervisors. In instances of conflict between general rules and regulations
and property-specific rules and regulations, the application of this
chapter shall be in accordance with the property-specific rules and
regulations, excepting that the lack of a prohibition of an activity
within the property-specific rules and regulations shall not be construed
to permit said activity if prohibited elsewhere in this chapter. Property-specific
rules and regulations are provided herein for:
C.
In addition to general and property specific rules
and regulations contained herein, certain lands may be subject to
additional restrictions or conditions of use in accordance with a
conservation easement or other instrument. In instances of conflict
between general rules and regulations, property-specific rules and
regulations, and restrictions or conditions of use in accordance with
a conservation easement or other instrument, the application of this
chapter shall be in accordance with the conservation easement or other
instrument, excepting that the lack of a prohibition of an activity
within a conservation easement or other instrument shall not be construed
to permit said activity if prohibited elsewhere in this chapter. The
following properties are governed by a conservation easement or other
instrument:
(1)
Haugh Family Farm Open Space: Conservation easement
recorded at Book 1912, Pages 0707 to 0722, Centre County Recorder
of Deeds.
(2)
Declaration of restrictive covenants and easements between Gray's
Woods Partnership and Patton Township recorded at Book 2211, Page
944, Centre County Recorder of Deeds.
[Added 7-18-2018 by Ord. No. 2018-593]
(3)
Easement agreement between the Seigland Irrevocable Trust, Patton
Development Company I, Patton Development Company II, Charlestown
Partners, and Sherwood LP ("Grantors") and Patton Township recorded
at Book 2210, Page 264, Centre County Recorder of Deeds.
[Added 7-18-2018 by Ord. No. 2018-593]
(4)
Easement agreement between State College Friends Limited Partnership
and Patton Township recorded at Book 2211, Page 943, Centre County
Recorder of Deeds.
[Added 7-18-2018 by Ord. No. 2018-593]
As used in this chapter, the following terms
shall have the meanings indicated:
- EXCRETA
- All waste matter eliminated from the bodily system, such as, but not limited to, sputum, vomit, urine or fecal matter.
- OPEN SPACE AND RECREATION AREAS
- Shall be deemed to include all lands, trails, parking areas, structures, fields, woodlots, wetlands and also entrances and approaches thereto and land or property or structures under the jurisdiction of the Board of Supervisors, and all other land now or hereafter owned or acquired by Patton Township for open space preservation or for use as designated recreation areas and specifically designated by the Township as subject to the rules and regulations contained herein.
- OWNER/CUSTODIAN CONTROL OF DOG
- An off-leash dog under owner/custodian control shall stop, stand or go to owner as commanded by voice, whistle or other signal or means.
- PERMIT
- Any written authorization issued by or under the authority of the Board of Supervisors permitting specified privilege or activity within a Township open space or recreation area.
- PERSON
- Any natural person, corporation, organization of persons, company, association or partnership.
- POLICE OFFICER
- Any peace officer of Patton Township or the Commonwealth of Pennsylvania or any employee of the Township appointed as a special park police officer for the purpose of the enforcement of law and order within parks, open spaces and recreation areas.
In the interpretation of the rules and regulations
affecting open space and recreation areas, their provisions shall
be construed as follows:
A.
Terms in singular. Any term in the singular shall
include the plural.
B.
Terms in masculine. Any term in the masculine shall
include the feminine and the neuter.
C.
Extension of rules and regulations. Any requirement
or provision of these rules and regulations relating to any act shall
respectively extend to and include the causing, procuring, aiding
or abetting, directly or indirectly, of such act; or the permitting
or the allowing of any minor in the custody of any persons doing any
act prohibited by any provisions thereof.
D.
Acts not unlawful. No provision hereof shall make
unlawful any act necessarily performed by any police officer or employee
of the Township in the line of duty or work as such, or by any person,
his agents or employees, in the proper and necessary execution of
the terms of any agreement with the Township.
E.
Permits. Any act otherwise prohibited by these rules
and regulations, provided that it is not otherwise prohibited by law
or local ordinance, shall be lawful if performed under, by virtue
of and strictly in compliance with the provisions of a permit and
to the extent authorized thereby.
F.
State and federal laws. These rules and regulations
are in addition to and supplement all state and federal laws.
A.
Disturbing the peace. No person shall disturb the
peace by any act.
B.
Immorality and indecency. No person shall do any obscene
or indecent act, or display, expose or distribute any picture, banner
or other object suggestive of sex in a lewd, indecent or immoral way.
C.
Unbecoming language. No person shall use threatening,
abusive, insulting, profane or obscene language or words.
D.
Soliciting money. No person shall solicit money, subscriptions
or contributions for any purpose unless authorized by permit from
the Board of Supervisors.
E.
Controlled substances and alcoholic beverages. No
person shall enter a Township open space or recreation area in an
intoxicated condition nor shall any person have in his possession
or drink or use alcoholic beverages nor shall any person have in his
possession or use any controlled substance.
F.
Dangerous conduct. No person shall interfere with,
encumber, obstruct or render dangerous any Township open space or
recreation area or part thereof.
G.
Excreta.
(1)
No person shall emit, eject or cause to be deposited
in any Township recreation area any excreta of the human body, except
in proper receptacles designated for such purposes.
(2)
Any person in control of a leashed or owner/custodian-controlled
dog or in control of an attended, well-broken horse shall remove any
deposited animal excreta on trails or pathways.
H.
Improper admission. No person shall gain improper
admission to, or use of, or attempt admission to any Township open
space or recreation area facility for which a charge is made without
paying the fixed charge or price of admission.
I.
Motorized vehicles. No use of snowmobiles, minibikes,
motorcycles or any motorized vehicles, recreational or otherwise.
J.
Disobeying authorities and signs. No person shall,
in any Township open space or recreation area, disobey a proper order
of a police officer or any employee designated by the Board of Supervisors
to give orders. Nor shall any person in any Township open space or
recreation area disobey, disregard or fail to comply with any rule
or regulation, warning, prohibition, instruction or direction, posted
or displayed by sign, notice, bulletin, card, poster or when notified
or informed as to its existence by an employee or other authorized
person.
K.
Camping. Day or overnight camping of any type is prohibited
except as authorized by permit.
L.
Safety zones. No person shall hunt for, shoot at,
trap, take, chase or disturb wildlife within 150 yards of any occupied
residence, camp, industrial or commercial building, farmhouse or farm
building, school, playground or sports fields. No person shall shoot
into a safety zone, even if hunting outside of the zone, nor drive
game, even without a firearm or bow within a safety zone. The safety
zone for archery hunters and crossbows is reduced to 50 yards, except
around playgrounds, sports fields, schools, nursery schools or day-care
centers, the safety zone remains 150 yards.
A.
No person shall:
(1)
Deface, plant, gather, cut, dig, remove, pluck, pull
up or out, or otherwise maliciously injure any plants or parts thereof,
including trees, shrubs, vines, flowering plants and cultivated crops.
(Mushrooms and fruits of berry-producing plants may be picked.)
(2)
Break, injure, deface or destroy or cause damage to
any building, cage, pen, monument, fence, bench or other structure,
apparatus, way-finding map, historical or archeological resource,
trail sign or other appurtenance or mark or write upon any building,
monument, fence, bench or other structure or injure, deface or remove
any property real or personal structure, equipment, signs or other
Township open space or recreation area property.
(3)
Occupy, use, construct, place or maintain structures
or other tangible property, except that portable hunting blinds and
stands may be used, provided no damage is caused to tree(s).
(4)
Remove or attempt to remove any man-made or natural
object, except wildlife and fish lawfully taken. Objects that may
not be removed include animals, rocks, minerals, sand, and historical
or archaeological artifacts.
(5)
Feed wildlife or place any food, fruit, hay, grain,
chemical, salt or other minerals.
B.
Setting of fires. No fires shall be set in any Township
open space or recreation area except in areas where fires are designated
as permitted or except as authorized by permit.
C.
Discharging in bodies of water. No person shall contaminate,
pollute, or degrade groundwaters or surface waters or waterways.
D.
Animals in open space or recreation areas. No person
owning or being custodian of or having control of any animal shall
cause or permit same to go at large in any open space or recreation
area, excepting dogs which are permitted off-leash under owner/custodian
control. No person shall release any domestic animal, captive-bred
or captive-raised game or wildlife.
E.
Horses. Riders shall keep horses on established trails.
No person shall ride or lead a horse into or upon lawns or other prohibited
areas in Township open space or recreation areas, nor shall any person
bring into Township open space or recreation areas any horse not well
broken, any horse unattended or not mounted or any horse led by a
vehicle.
F.
Waste matter. No person shall deposit, drop or leave
any papers, bottles, debris or other waste matter or refuse of any
kind in Township open space or recreation areas or part thereof except
in such receptacles as may be provided for the purpose.
A.
Use of motorized vehicles. Motorized vehicles to be
operated at a reasonable speed, not to exceed 15 miles per hour unless
otherwise posted. No person shall operate any motor vehicle on any
roadway in any Township open space or recreation area at any rate
of speed greater than is reasonable having regard to the width of
the roadway, traffic and use of such roadway, intersection with other
roadways, weather and other conditions, and in no event shall any
vehicle be operated on such roadway at a speed in excess of 15 miles
per hour unless otherwise posted.
B.
Parking. Vehicles to be operated on roadways and parked
in approved areas. No person shall operate any vehicle in any part
of a Township open space or recreation area except on roadways established
for the operation of vehicles, nor shall any person park any vehicle
in any area except those specifically designated for parking purposes.
Parking is permitted along Scotia Range Road at pull outs at trailheads.
C.
Repairs to vehicles. No person shall make repairs
to any vehicle in any Township open space or recreation area except
those of a minor nature, and then only in cases of emergency.
D.
Emergency and maintenance vehicles. Motorized vehicles
are prohibited outside of designated roadways and parking areas in
Township open space and recreation areas, except in cases deemed to
be an emergency or in cases of maintenance as deemed necessary by
police officers of the Township or state or Township employees.
A.
Permits. A permit to do any act shall authorize the
same only insofar as it may be performed in strict accordance with
the written terms and conditions thereof. Any violation of any law,
ordinance or rule or regulation by the holder or agents of the holder
of any permit shall constitute grounds for revocation, which action
shall be final. In case of revocation, all moneys paid therefor shall,
at the option of the Township Manager, be forfeited and shall leave
the violator liable for all damages or loss suffered in excess of
such forfeited or retained money, and such moneys retained or damages
paid, or both, shall not relieve such person from liability to punishment
for violation of any law, ordinance, rule or regulation.
B.
Public events. No person shall conduct, operate, present
or manage in Township open space or recreation areas a parade, drill,
maneuver, public meeting, ceremony, speech, address, public contest,
exhibit, dramatic performance, spectacle, play, motion picture, fair,
circus or show of any kind or nature, band, choir, glee club or orchestra
without a permit.
C.
Selling concessions. No person shall in any Township
open space or recreation area exhibit, sell or offer for sale, hire,
lease or let out any object, service or merchandise or anything whatsoever,
whether corporal or incorporal, except under a permit.
D.
Advertising. No person shall advertise in any Township
open space or recreation area in any manner whatsoever for any reason
whatsoever, except by permit.
A.
Permitted activities:
(1)
Agricultural use by lease from the Township.
(2)
Walking, horseback riding on trails, cross-country
skiing on trails, nature study, bird watching, fishing and hunting,
and bicycling (no trail obstructions).
(3)
Other educational or scientific activities consistent
with and in furtherance of the conservation objectives contained within
the conservation easement.
(4)
Maintenance and improvement activities undertaken
or approved by the Township and in accordance with the conservation
stewardship plan.
(5)
Dogs off-leash but under owner/custodian control.
A.
Permitted activities:
(1)
Hunting in compliance with state game regulations
from September 16 to January 31.
(2)
Carrying unloaded weapons with safety engaged by hunters
to and from the adjacent State Game Lands 176 and the Haugh Family
Farm open space from February 1 to September 15.
(3)
Removing game taken in compliance with state game
regulations on the adjacent Game Lands 176 and the Haugh Family Farm
open space.
(4)
Dogs off-leash but under owner/custodian control.
(5)
Twenty-four-hour usage, except camping.
A.
Permitted activities.
(1)
Hunting in compliance with state game regulations.
(2)
Walking, horseback riding on trails, cross-country skiing on trails,
nature study, bird watching, fishing and hunting, and bicycling (no
trail obstructions).
(3)
Other educational or scientific activities consistent with and in
furtherance of the conservation objectives contained within a conservation
easement.
(4)
Maintenance and improvement activities undertaken or approved by
the Township and in accordance with a conservation plan, stewardship
plan or best management practice.
(5)
Dogs off-leash but under owner/custodian control.
(6)
Twenty-four-hour usage, except camping.
[Added 7-18-2018 by Ord. No. 2018-593]
A.
Permitted activities.
(1)
Walking, cross-country skiing on trails, nature study, bird watching,
and bicycling (no trail obstructions).
(2)
Other educational or scientific activities consistent with and in
furtherance of the conservation objectives contained within a conservation
easement.
(3)
Maintenance and improvement activities undertaken or approved by
the Township and in accordance with a conservation plan, stewardship
plan or best management practice.
(4)
Twenty-four-hour usage, except camping.
[Amended 7-18-2018 by Ord. No.
2018-593]
In order to preserve open space or recreation areas and facilities,
and protect the safety of users of the open space or recreation areas
and their facilities, the Township Manager shall have the authority
to designate open space or recreation areas and parts thereof as restricted
to the use of the public at certain times as he deems necessary.
[Amended 7-18-2018 by Ord. No.
2018-593]
A.
Police officers of the Township or state, or Township employees appointed
as special park police, shall have the authority to enforce these
rules and regulations for municipal open space and recreation areas.
B.
Any person, firm, association or corporation who or which shall violate
or fail, neglect or refuse to comply with the provisions of this chapter
shall, upon conviction thereof, in a proceeding commenced before a
magisterial district judge pursuant to the Pennsylvania Rules of Criminal
Procedures, be sentenced to a fine of not less than $35, nor more
than $1,000, plus costs and, in default of payment of said fine and
costs, a term of imprisonment not to exceed 90 days.