[HISTORY: Adopted by the Board of Supervisors
of Falls Township 6-5-1980 by Ord. No. 80-3. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Falls Township Park Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
A person immediately in charge of the park area and its activities
and to whom all park attendants of such area are responsible.
Any playground, recreation center, or any other area within
the Township of Falls owned, used or operated by the Township of Falls
and devoted to active or passive recreation, including lakes and other
waterways.
[Amended 3-20-2002 by Ord. No. 2002-7]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
See provisions of Chapter 96 of the Code.
[Added 3-20-2002 by Ord. No. 2002-7]
Any wheeled conveyance, whether motor-powered, animal drawn
cover or self-propelled. The term shall include any trailer in tow
of any size, kind or description but does not include baby carriages
or vehicles in the services of the Township's parks.
All Township parks shall be operated and maintained
under the general supervision of the Board of Supervisors and the
Park and Recreation Board. The Park and Recreation Board shall have
the power to adopt by resolution rules and regulations governing the
use of parks within the Township. It shall be the duty of the Park
and Recreation Board, together with the Falls Township Police Department,
to enforce the provisions of this chapter and all rules and regulations
adopted thereunder.
The Board of Supervisors shall appoint a Park
Director who shall have immediate charge of all parks and maintenance,
repairs and replacement of property and equipment therein and who
shall be chargeable with the duty of keeping the parks in a clean
and sanitary condition at all times. The Park Director shall be in
charge of the park employees and shall perform his duties subject
to the general supervision of the Township Manager and the Park and
Recreation Board of Supervisors.
It shall be unlawful for any person in any park
to willfully mark, deface, disfigure, injure, tamper with, displace
or remove any buildings, tables, benches, fireplaces, railings, paving,
waterline or other public utility, or parts thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers, or other structures or equipment facilities
or appurtenances, whether real or personal.
[Amended 1-25-2001 by Ord. No. 2001-1]
It shall be unlawful for any person to annoy,
injure or kill any animals or birds in any park, nor shall any person
disturb any fowl in streams, pools or ponds or remove or carry away
any bird's nest or eggs; further, it shall be unlawful for any person
to injure or damage any tree, plant, shrub, fern, blossom, flower
or turf, provided that the Park and Recreation Board, by regulation,
may permit fishing in streams, pools or ponds and the picking of nondecorative
flowers. The provisions of this section shall not apply to governmental
agencies or to independent contractors acting pursuant to contracts
with governmental agencies.
No person shall throw, discharge or otherwise
place or cause to be placed in the waters of any fountain, pond, lake,
stream, bay or other body of water in or adjacent to any park or in
tributaries, streams, sewers or drains flowing into such waters any
substance, matter or thing, liquid or solid, which will or may result
in the pollution of said waters. Nor shall any person bring in or
dump, deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage or refuse or other trash. No such
refuse or trash shall be placed in any waters or in a particular area
of the said park or left on the grounds thereof but shall be placed
in proper receptacles where these are provided. Where receptacles
are not provided, all such rubbish or waste shall be carried away
from the park by the person or persons responsible for its presence
and properly disposed of elsewhere.
[Amended 10-13-1999 by Ord. No. 99-13]
Fires shall be permitted only in patron- or
park-supplied grills or fire rings. No other fires are permitted.
Matches, cigarettes, cigar and pipe ashes should be completely out
before discarding. There shall be no smoking in wooded areas.
[Amended 3-20-2002 by Ord. No. 2002-7]
No amusement for gain or for which a charge
is made can be conducted in a park without the consent of the governing
body of the park, and in compliance with special events provisions,
and such amusement must be conducted in accordance with federal, state
and local regulations pertaining thereto.
[Amended 9-16-2014 by Ord. No. 2014-10]
A.
ALCOHOLIC BEVERAGE
LIQUOR
MALT OR BREWED BEVERAGE
OPEN CONTAINER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Liquor or a malt or brewed beverage.
Any alcoholic, spirituous, vinous, fermented or other alcoholic
beverage or combination of liquors and mixed liquor, a part of which
is spirituous, vinous, fermented or otherwise alcoholic, including
all drinks or drinkable liquids, preparations or mixtures and reused,
recovered or redistilled denatured alcohol, usable or taxable for
beverage purposes, which contain more than 1/2 of 1% of alcohol by
volume, except pure ethyl alcohol and malt or brewed beverages.
Any beer, lager beer, ale, porter or similar fermented malt
beverage containing 1/2 of 1% or more of alcohol by volume, by whatever
name such beverage may be called.
Any of the following objects and any objects similar thereto:
a glass, mug or other such drinking utensil; a bottle or jug from
which the cap or cork has been removed or on which the seal has been
broken; a can which has been punctured or from which the cap or snap
top or snap tab has been removed; a keg which has been tapped; or
a jar, jug or other immediate container of an alcoholic beverage which
did not contain the alcoholic beverage contained therein when such
alcoholic beverage was last purchased from a person licensed by the
Pennsylvania Liquor Control Board to sell alcoholic beverages. An
"open container" shall not include a bag, box or other similar wrapping
or packaging of a container of an alcoholic beverage.
B.
Prohibition of alcohol in Township parks. No person shall have, possess,
carry, transport, consume, distribute, sell or otherwise convey any
alcoholic beverages in an open container in or upon any Township park
or other publicly owned property within the Township of Falls, except
as specifically provided herein.
C.
Exceptions.
(1)
A person may distribute, sell or otherwise convey alcoholic beverages in a Township park or other publicly owned property within the Township of Falls when such person has applied for and obtained a special event permit from the Township of Falls as described in Chapter 96, Amusements and Special Events.
(2)
A person may have, possess, carry, transport, or consume alcoholic beverages in an open container in or upon any Township park or other publicly owned property within the Township of Falls if such possession, transportation or consumption is in or at a permitted event, as outlined in Chapter 96, Amusements and Special Events.
[Amended 10-13-1999 by Ord. No. 99-13; 3-20-2002 by Ord. No. 2002-7]
Except for unusual and unforeseen emergencies
and approved special events, parks shall be open to the public every
day of the year between sunrise and one hour after sunset daily, provided
that the Park and Recreation Board may, by resolution, establish different
times for a particular park area to remain open. It shall be unlawful
for any person, other than authorized Falls Township personnel, to
occupy or be present in a park during any hours in which said park
is not open to the public unless otherwise specified by permit. A
portion of the park may be closed to the public by the Park and Recreation
Board at any time subject to Code provisions regulating special events.
The Board may, by resolution, specify the conditions
on which any particular park or building therein may be used by the
public or by any organization or group.
[Amended 10-13-1999 by Ord. No. 99-13; 3-20-2002 by Ord. No. 2002-7]
Except as to special events, athletic fields
and picnic pavilions may be used on a first-come, first-served basis,
but reservations and maintenance take priority. The Township of Falls
based groups shall have priority in making reservations. Reservations
are required for groups of 25 or more for administrative and supervisory
reasons. Additional information should be obtained at the Township
Building. Prior to any special events or any event on any of the Township
of Falls property, the Township of Falls reserves the right to postpone
or cancel special events or the event due to inclement weather.
[Amended 10-13-1999 by Ord. No. 99-13]
No motorized vehicles shall be operated on bike
paths or grass areas. Unlicensed vehicles are prohibited. Parking
shall be in designated areas only.
[Added 10-13-1999 by Ord. No. 99-13[1]]
A.
Pets. Pets are welcome when under control and kept
on a leash not greater than 10 feet in length. Owners or persons with
pets are required to clean up any defecation.
[Amended 8-17-2010 by Ord. No. 2010-04]
B.
Hunting. It is unlawful to hunt, shoot, trap or have
bows and arrows on or within any park.
[Amended 3-20-2002 by Ord. No. 2002-7; 4-1-2014 by Ord. No. 2014-04]
C.
Prohibited activities.
(1)
Narcotics, loud or disruptive music or noise, fireworks,
climbing trees, indecent language and immoral actions are prohibited
in any park. Any form of golfing is prohibited in any park. Electronic
audio or public address systems are prohibited in any park.
[Amended 3-20-2002 by Ord. No. 2002-7]
(2)
Roller blading and other forms of active recreation
are prohibited in designated parking areas.
(3)
Provisions related to music, fireworks and noise may
be modified or suspended as included in any approval by the Board
of Supervisors of Falls Township as part of special events.
[Added 3-20-2002 by Ord. No. 2002-7]
(4)
The
voluntary release, or organization of the release, of helium balloons
into the atmosphere is prohibited. Balloons include latex and Mylar.
An exception is a balloon released on behalf of a government agency,
pursuant to a governmental contract for scientific/meteorological
purpose or hot-air balloons that are recovered after launching.
[Added 7-19-2021 by Ord. No. 2021-10]
(5)
The
voluntary release, or organization of the release, of aerial luminary
lanterns into the atmosphere where the release is designed to not
return to the releaser is prohibited. Aerial luminary lanterns include,
but are not limited to, sky lanterns containing a small candle or
fuel cell that are made of paper or wires.
[Added 7-19-2021 by Ord. No. 2021-10]
[Amended 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person who violates or permits a violation
of this chapter shall be subject to a civil enforcement proceeding
and, upon conviction, shall be sentenced to pay a civil penalty of
not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to file a complaint for such summary violation and seek any other
available relief at law or equity, including injunction, to enforce
compliance with this chapter.
[Added 5-24-2000 by Ord. No. 2000-4]
A.
Watercraft must be registered and display on starboard
amidship of boat a valid Township Watercraft Permit.
[Amended 1-15-2003 by Ord. No. 2003-2]
B.
Park will be open from dawn to dusk unless otherwise
specified.
C.
Boats.
(1)
Boats, canoes, sailboats, sailboards, paddleboard,
kayaks and inflatable boards with two or more air chambers and a minimum
length of seven feet are permitted. Novelty-type watercraft are prohibited
except upon approval by the Board of Supervisors of Falls Township
as part of special events.
[Amended 3-20-2002 by Ord. No. 2002-7; 8-20-2013 by Ord. No. 2013-06]
(2)
No gas-powered motor boats allowed except upon approval
by the Board of Supervisors of Falls Township as part of special events.
[Amended 3-20-2002 by Ord. No. 2002-7]
(3)
Boats over 16 feet in length are not permitted except
for canoes, which may be 18 feet long, except upon approval by the
Board of Supervisors of Falls Township as part of special events.
[Amended 3-20-2002 by Ord. No. 2002-7]
(4)
Serviceable and properly fitted United States Coast
Guard approved personal floatation devices must accompany each occupant
of a watercraft. These devices must be worn at all times by nonswimmers
and children under 12 years of age.
(6)
Watercraft load may not exceed load limits of the
manufacturer's safe carrying capacity.
(7)
Watercraft operators must be at least 16 years of
age unless they possess a certificate from an approved boating safety
course.
(8)
All watercraft must be operated in a safe and prudent
manner, with due regard for the rights of others.
(9)
Pennsylvania Fish Commission and Motor Boat Laws apply
to all watercraft.
D.
Swimming and wading are prohibited.
[Amended 7-19-2021 by Ord. No. 2021-10]
E.
Special use permits for watercraft races, regattas,
tournaments and exhibitions must be obtained pursuant to special events
provisions.
[Amended 3-20-2002 by Ord. No. 2002-7]
F.
Vehicles with trailers must park in designated areas.
G.
Boats must be rigged/loaded, etc., prior to entrance
ramp.
H.
The feeding of waterfowl is prohibited.
I.
Ice skating and ice fishing is prohibited.
J.
Animals within bathroom facilities are prohibited,
other than service animals.
[Added 11-10-2008 by Ord. No. 2008-08]
K.
Vending.
[Added 8-20-2013 by Ord. No. 2013-06]
(1)
The vending, sale, distribution, or peddling of any food items, beverages,
or merchandise shall be strictly prohibited except upon the approval
of the Board of Supervisors, the payment of the requisite fee in place
at the time the application is submitted, and the issuance of a vending
license.
(2)
No license shall be issued hereunder unless all owners, operators,
employees, or independent contractors that will be present in the
Community Park have submitted child abuse clearance checks and criminal
background checks to the Township.
(3)
All properly licensed vendors shall display a current Falls Township
license on each vehicle, cart, or other approved mode of distribution.
(5)
The Board of Supervisors reserves the right to reject any and all
license applications for any or no reason, and except for special
events, no more than 10 such licenses shall be concurrently issued.
The Board of Supervisors also reserves the right to impose conditions
upon the issuance of any license, including but not limited to hours
of operation and location of the vendor.
(6)
Any vending license issued hereunder may be revoked at any time,
for any or no reason, upon the refund of prorated license fee.
[Added 3-20-2002 by Ord. No. 2002-7]
Any approval of a special event within a park
shall be determined on a more strict and limited consideration due
to the unique nature of such facilities within Falls Township.
[Added 11-10-2008 by Ord. No. 2008-08]
It shall be unlawful for any person to use propane
fuel as a cooking or food heating source in any park, unless a special
event permit has been issued to such person pursuant to the provisions
of this chapter.
