Township of Tredyffrin, PA Chapter 138 Parks and Playgrounds

[HISTORY: Adopted by the Board of Supervisors of the Township of Tredyffrin 4-2-1984 by Ord. No. HR-81 (Ch. VI, Art. 2, of the 1979 General Laws of the Municipality of Tredyffrin.); amended in its entirety 3-21-2022 by Ord. No. HR-449. Subsequent amendments noted where applicable.]

§ 138-1 Title.

This chapter shall be known and may be cited as the "Parks Ordinance."

§ 138-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

HUNTING

Any act or furtherance of the taking or killing of any game or wildlife, or any part or product thereof; stalking, driving, pushing, pursuing, lying in wait, trapping, shooting at, including shooting at game or wildlife facsimile, or wounding with any weapon or implement; or using any personal property, including dogs, or the property of others, of any nature, in furtherance of any of these purposes; or aiding, abetting or conspiring with another person in that purpose.

PARK

Includes playgrounds.

§ 138-3 Regulations.

A. No person shall be permitted in a Township Park except between the hours of 6:00 a.m. and dusk, unless a permit has been issued by the Township as hereinafter provided in Subsection P, or unless lighting has been installed for nighttime activities. In parks where lighting has been installed, the 6:00 a.m. to dusk hours may be extended as late as the facilities remain lighted, but in no case later than 11:00 p.m.

B. No person shall enter or leave a Township Park except by entrances and/or exits provided for such purposes.

C. Individual distribution or consumption of beer, ale, other alcoholic or intoxicating beverage, or controlled substance (such as are now defined or may later be defined by federal, state or Township law, act, or ordinance) is strictly prohibited in all Township Parks.

(1) The Township has the right to permit the consumption of alcohol by all persons of legal age provided by a licensed distributor for the sole purpose of Township-sponsored events with proceeds to benefit Township 501(c)(3) organizations or other events approved by the Board of Supervisors.

D. No gambling or gambling device is permitted in any Township Park without a games of chance license issued by PA Department of Revenue REV-1752 (AS) 05-18.

E. No abusive, threatening, indecent or profane language and/or conduct that is publicly inappropriate and/or annoying to others using Township Park facilities shall be permitted.

F. No person or persons shall be permitted to solicit money, or promise for same, within the confines of a Township Park.

G. Excrement disposal and leash requirements. In all Township Parks, owners or handlers shall be responsible for prompt and complete removal of their animal's excrement. No animals owned or possessed by people shall be permitted to run loose or otherwise uncontrolled within the confines of a Township Park. Any animal while in the confines of a Township Park must be under actual physical control in the form of a physical leash, harness, and/or similar device at all times, except that dogs that are responsive to voice command and control of their owner or handler are permitted to be off-leash in areas of Township Parks designated for off-leash activities as posted by the Township with signage, subject to strict compliance with each of the following regulations:

(1) Annual registration. As a condition to the applicability of the exception provided herein, each owner or handler seeking to have a dog off-leash shall register each dog with the Township pursuant to registration forms promulgated by the Township and shall pay the required annual registration fee set by the Township per its fee schedule. In connection with registration under this subsection, an applicant will be required to provide evidence of current vaccinations and a valid license under the rules of the Pennsylvania Department of Agriculture, Bureau of Dog Law Enforcement.

(2) Registration tag. Any owner or handler availing himself or herself of the exception provided in this section shall cause any dog registered per Subsection G(l) above to wear on its dog collar the tag issued by the Township in connection with the registration required by Subsection G(l) above at all times that such owner or handler's dog is off-leash.

(3) Time restrictions.

(a) Subject to Subsection G(3)(c) below, between the third Sunday of March and the third Sunday of November, dogs otherwise satisfying the requirements of this subsection shall be allowed off-leash only between the hours of dawn and 4:00 p.m. on Monday through Friday, between the hours of dawn and 8:30 a.m. on Saturday, and between the hours of dawn and 11:30 a.m. on Sunday.

(b) Subject to Subsection G(3)(c) below, between the third Monday of November and the third Saturday of March, dogs otherwise satisfying the requirements of this subsection shall be allowed off-leash between the hours of dawn and dusk.

(c) All dogs shall be under actual physical control in the form of a physical leash, harness, and/or similar device at any time there is a league-related athletic activity occurring at one of the athletic fields.

(4) Voice command and control. Each off-leash dog shall at all times be under the voice command and control of its owner or handler and shall at all times be wearing a collar or harness.

(5) Notwithstanding anything in Subsection G(l) or (2) to the contrary, no dogs shall be allowed inside any fenced or enclosed areas at any time.

(6) In the event that the Township receives a report of aggressive or dangerous behavior of a dog registered in accordance with Subsection G(l) above, or in the event of any other violation of this section, in addition to the penalties set forth in § 138-6 of this chapter, the Township shall have the right to revoke the permit issued pursuant to Subsection G(l) above.

H. Vehicles.

(1) No person shall drive, operate or park any vehicle (motor or self-propelled) in any portion of a Township Park except in spaces specifically set aside and marked for parking purposes; and no person shall occupy a parked motor vehicle after dark within a Township Park except with the exterior parking lights and interior lights turned on and in operation.

(2) Except where specifically allowed by designation, the use and operation of go carts, dirt bikes, all-terrain vehicles, skateboards, aircraft (including but not limited to ultralight planes and hot-air balloons), and/or other motorized devices employing wheels and/or blades of any kind (metal, wooden, plastic, rubber, etc.) are strictly prohibited on Township Park basketball courts, tennis courts, volleyball courts, picnic areas, ball fields, paved trails, or any open space area of any Township Park.

(3) Authorized motor vehicles.

(a) Only authorized motor vehicles may be driven upon any sidewalk, walking path, trafficway, field, grass, or wooden area within any Township Park. Authorized motor vehicles include all Township-owned vehicles and equipment (police vehicles, off-road ATVs, maintenance vehicles, trucks, lawn care equipment, backhoes, and any motorized units operated by Township employees), fire and EMS vehicles, and any vehicle or equipment that has written authorization from the Township.

(b) Where a permit or authorization has been issued to a motor vehicle for the purpose of loading and unloading equipment for special events, such vehicle may only engage in loading/unloading for the special event and are not authorized to park or stop in any other area in the Township Park except duly designated public parking areas.

I. No person, other than Township active-duty police officers employed in the execution of their duties, shall carry, possess, discharge, or use firearms or weapons of any type in a Township Park.

J. No person or persons shall scatter, drop, or leave any paper, rags, garbage, dead flowers and plants, grass cuttings, tree limbs, glass, metal or plastic cans and/or containers or any other rubbish anywhere within a Township Park except in receptacles provided for such purposes. Grass clippings, brush and other debris from private property may not be discarded or otherwise placed anywhere on Township Park property, including trash receptacles.

K. No person shall injure, damage or otherwise deface any buildings, structures, fences, bridges, monuments, playground equipment or other property (permanently or temporarily erected or placed) in a Township Park; or climb a tree or break, cut down, trample upon, remove or in any manner injure or damage any ornament, rock, stone, tree, plant, shrub, fern, blooms, blossom, flower or turf; nor shall any person foul and/or otherwise contaminate any stream of water in any Township Park at any time.

L. No person shall injure, deface, or destroy any public signs, ordinances or other official Township notices posted in a Township Park.

M. No advertisement, placard, or notice, except official authorized notices, shall be posted and/or distributed in a Township Park.

N. No person shall light or permit a fire to burn in a Township Park except in a proper fireplace (permanent or portable) provided for such purposes. All fires must be constantly attended, and responsibility for such fires shall be solely that of the person or persons starting and/or using the fire.

O. The playing of golf or the hitting of golf balls is strictly prohibited at all times in any Township Park.

P. Use of a Township Park for any of the following purposes is prohibited, unless a permit is first obtained from the Township, as hereinafter provided:

(1) Sales of merchandise of any kind.

(2) Use of fireworks, other explosives.

(3) Musical, theatrical, or other entertainment.

(4) Overnight camping.

(5) Parties, gatherings and/or sporting activities in excess of 15 persons.

(6) Hunting.

(7) Any individual, group, company, or organization who charges a fee from its participants must obtain a field/facilities usage permit regardless of the number of participants in the program, clinic, seminar, class, or camp.

Q. Placement of any unauthorized item, including but not limited to sporting equipment, shrubs, or plantings is prohibited in any Township Park. Authorization must be obtained from the Township with consideration from the Parks and Recreation Board prior to any installation on Township Park property.

R. Tobacco products.

(1) The use of a tobacco product in a park, recreation ground, or open space owned and operated by the Township shall be prohibited.

(2) For purposes of this subsection, the term "tobacco product" shall include the following:

(a) Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, a little cigar, chewing tobacco, pipe tobacco, snuff, and snus.

(b) Any electronic device that delivers nicotine or another substance to a person inhaling from the device, including, but not limited to, electronic nicotine delivery systems, an electronic cigarette (vaping), a cigar, a pipe, and a hookah.

(c) Any product containing, made or derived from either:

[1] Tobacco, whether in its natural or synthetic form; or

[2] Nicotine, whether in its natural or synthetic form.

§ 138-4 Enforcement.

The Police Department shall enforce the regulations herein set forth and shall exercise general supervision over persons and property in all Township Parks.

§ 138-5 Permits.

Permits for use of Township Park(s) shall be issued on behalf of the Township. The Township may enact a fee schedule for such permits. All moneys received from these fees will be entered into the Township's General Fund and be designated for Township Park maintenance and improvements, appropriate Township-sponsored recreation programs held within the confines of its parks, or at other sites and facilities approved by the Township, and for the General Fund of the Township.

§ 138-6 Violations and penalties.

A. Any person who violates or permits a violation of this chapter shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, 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. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the appropriate officers or agents of the Township are hereby authorized to seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.

B. Parents and/or legal guardians of person(s) less than 18 years of age will be held liable for any/all fines assessed, and/or damages incurred by those persons to Township Park properties.