[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:
DIRECTOR
A person immediately in charge of the park area and its activities and to whom all park attendants of such area are responsible.
PARK
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]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
SPECIAL EVENTS
See provisions of Chapter 96 of the Code.
[Added 3-20-2002 by Ord. No. 2002-7]
VEHICLE
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Liquor or a malt or brewed beverage.
LIQUOR
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.
MALT OR BREWED BEVERAGE
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.
OPEN CONTAINER
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]
[1]
Editor's Note: This ordinance also provided for the renumbering of § 168-15, Violations and penalties, as § 168-16.
[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.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(5), prohibiting windsurfing or similar devices, as amended, was repealed 8-20-2013 by Ord. No. 2013-06.
(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.
(4) 
In determining whether to grant a vending license application, the Board of Supervisors shall consider, but shall not be constrained by, the following:
(a) 
The variety of products offered;
(b) 
The provision of "healthy food choices";
(c) 
Experience;
(d) 
References;
(e) 
Any other relevant factor.
(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.