[HISTORY: Adopted by the Board of Supervisors
of the Township of East Goshen 3-4-1997 by Ord. No. 118; amended in
its entirety 11-16-1999 by Ord. No. 129-H-99. Subsequent amendments
noted where applicable.]
A.
Township parks are acquired and maintained for the
benefit of township residents, and are classified as either "active
parks" or "passive parks" according to their design, nature and purpose.
All township parks are subject to the general regulations specified
in this chapter. Additional regulations as specified in this chapter
apply depending upon whether a park is designated as "active" or "passive."
B.
All real estate owned by the township now established
or hereafter designated as parks and recreation areas shall be controlled
by the rules and regulations herein established. All real estate hereafter
acquired by the township and designated as parks and recreation areas
by the Board of Supervisors (the "Supervisors") shall, upon dedication
and/or conveyance of title to the township, shall be governed by the
provisions of this chapter without the necessity of further action
by the Supervisors.
C.
The various programs and facilities sponsored by the
East Goshen Township Park and Recreation Board (the "Park Board")
on a regular and/or periodic basis are intended for the enjoyment
of the residents of East Goshen Township.
D.
It is the intention of the Park Board to sponsor or
cause to be organized activities of interest to residents of all ages
and interests and to fill the recreational needs of the community.
E.
Since the Park Board is not the sole provider of recreational
programs within the township, the Park Board will attempt, whenever
possible, to cooperate with other recreational providers such as the
West Chester Area School District, youth leagues, little leagues,
scouts, churches, etc., as long as there is a benefit to the township
residents.
The following definitions apply to the application
and interpretation of this chapter.
A park that is intended, designed, equipped and designated
by the Park Board for activities by individuals or groups participating
in one or more of the following activities: individual athletic activity,
organized athletic/sport's activities by groups or teams, whether
formal or informal, group picnics, theatrical events, national holiday
events and similar formal activities. No hunting or deer management
activities are permitted in any active park.
[Amended 5-4-2010 by Ord. No. 129-E-10]
A person who shoots with a bow and arrow or crossbow; a bowman.
[Added 5-4-2010 by Ord. No. 129-E-10]
The art or practice of shooting with a bow and arrow or crossbow;
bow hunting.
[Added 5-4-2010 by Ord. No. 129-E-10]
Hunting with a bow and arrow or crossbow; archery.
[Added 5-4-2010 by Ord. No. 129-E-10]
The practice of archery or bow hunting in a Township passive
park.
[Added 5-4-2010 by Ord. No. 129-E-10]
The Open Space deer management program issued by the Deer
Management Committee in April of 2008 that was approved by the Board
of Supervisors on August 4, 2008.
[Added 5-4-2010 by Ord. No. 129-E-10]
An instrument used in the propulsion of a shot, shell, bullet,
missile, rocket or any other object by the action of gunpowder exploded,
explosive powder or the expansion of gas.
[Added 1-19-2010 by Ord. No. 129-B-10]
A park that is intended to remain as permanent open space which is primarily maintained in a relatively natural and/or landscaped setting and which is designated by the Park Board for pastoral enjoyment and low-intensity recreational activities such as walking trails, nonmotorized biking, running, rollerblading, picnic areas, bird watching and similar activities. A passive park is not intended to be used for organized athletic activities or events by individuals or athletic teams or clubs or for group picnics, theatrical events, national holiday events and similar formal group activities. If approved by the Board of Supervisors by resolution, a passive park may be used for deer management as part of the Township's deer management program strictly in accordance with the regulations in § 163-4 of this chapter and all rules and regulations governing the deer management program.
[Amended 7-15-2003 by Ord. No. 129-H-03; 5-4-2010 by Ord. No. 129-E-10]
The individual who vouches for and who assumes responsibility
for a person or group during the period such person or group uses
the park, and who shall be personally responsible for any damages
to the park or costs incurred by the township as a result of such
use.
East Goshen Township.
[Added 5-4-2010 by Ord. No. 129-E-10]
The following rules and regulations are hereby
established for the management and protection of all parks, playgrounds
and open space owned by the Township of East Goshen, hereinafter designated
the "parks," and apply to both active and passive parks.
A.
Hours of operation. All parks shall be open between
sunrise and sunset. No person other than authorized employees of the Township
shall be in any park at any time between sunset and sunrise. At sundown,
all activities in the parks, with the exception of those activities
under the direct supervision of the Park Board or by those persons
issued validly existing permits or other written authorization by
the Township as hereinafter provided, shall cease; and all unauthorized
persons shall promptly leave. Except as above provided, no person,
other than authorized Township employees, shall be in the parks between
the hours of sundown and sunrise.
[Amended 12-20-2022 by Ord. No. 129-H-2022]
B.
Protection of park property. No one shall injure,
deface, remove, cut or damage any of the trees, plants, shrubs, turf,
buildings, structures or fixtures or any other township park property.
C.
Removal of park equipment. No one shall climb, stand
upon or remove any bench, seat, table, fence, grill or recreational
equipment or facility from any park or change the location thereof
without permission from the Park Board.
D.
Disorderly conduct prohibited. No one shall conduct
himself within any park in a boisterous, immoral or indecent manner
as to annoy any other person using the park or nearby residents. Any
township police officer or other law enforcement official may forthwith
remove any person from any township park for such conduct.
E.
Permits required. No person or organization shall
hold any meeting or gathering in any township park without first having
obtained written permission from the Park Board or its designee. Permit
criteria and procedures shall be recommended by the Park Board and
formally established by resolution of the Board of Supervisors.
[Amended 4-26-2011 by Ord. No. 129-D-11]
F.
Security arrangements. For all gatherings for which
police security is deemed necessary by the Park Board, such security
must be paid for by the sponsor(s) of the gathering. The number of
security personnel or police security shall be determined by the Chief
of Police. Confirmation of the security arrangements will be required
before final approval of the permit.
G.
Disposal of waste materials. No person shall dispose
of any waste or garbage in the parks except for the refuse that originates
from an activity in any park. All persons using the parks shall dispose
of all waste or garbage left by them in such proper receptacles provided
on site by the township.
H.
Deposit required. The Park Board may require a deposit
from the sponsor for reserved events not exceeding $300. The amount
of the deposit for each event is established by resolution of the
Supervisors, adopted from time to time, based upon the number of participants,
anticipated length of the sponsored event and security considerations.
If waste or garbage is not disposed of in the proper manner, and the
township is out the expense of doing so, the organization or sponsoring
party shall forfeit an appropriate amount of the deposit to the township
to reimburse it for such expense.
I.
Vehicular restrictions. Parking or driving on park
property is prohibited except in authorized areas. Unregistered vehicles
of any kind are not allowed within park grounds without special permission
from the Park Board except those vehicles used in the course of park
maintenance or other necessary activity.
J.
Sound equipment. No sound equipment (amplification)
shall be permitted in any park unless special permission has been
received from the Park Board.
K.
Sales and structures prohibited. No person shall set
up any booth, table, stand or structure whatsoever within the limits
of any park without the consent of the Park Board. There shall be
no solicitation of any kind for personal profit within any park and
no one shall sell or offer for sale any object or merchandise or other
object of value without the consent of the Park Board.
L.
Defacing property. No person shall injure, deface
or destroy any notice or placard posted within any park by the Park
Board; nor shall any person post, at any place within the parks, any
notice or placard other than by special permission of the Park Board.
M.
Setting of fires prohibited. No person shall set or
maintain any fire in any park except in grills, fireplaces or other
locations maintained for that purpose. The use of acceptable charcoal
braziers is permissible.
N.
Firearms and fireworks.
[Amended 8-4-2008 by Ord. No. 129-E-08]
(1)
No person, other than a sworn police officer or other law enforcement officer engaged in the performance of his or her official duties, shall discharge any firearm within the limits of any active park or passive park as defined in this chapter. No person shall shoot a bow and arrow or crossbow within the limits of any active park or passive park as defined in this chapter unless they are participating in the deer management program pursuant to § 163-4 of this chapter. The use of firearms that do not discharge a projectile, by reenactors or honor guards, shall be permitted within the limits of any active park or passive park as defined in this chapter provided such use has been specifically approved by the Board of Supervisors.
[Amended 1-19-2010 by Ord. No. 129-B-10; 5-4-2010 by Ord. No. 129-E-10; 5-10-2011 by Ord. No. 129-E-11]
(2)
No fireworks are permitted in any park without the
prior written consent of the Fire Marshal and Board of Supervisors.[1]
[1]
Editor's Note: Former Subsection N(3) regarding Township-owned
land set aside for hunting, which immediately followed this section,
was repealed 5-4-2010 by Ord. No. 129-E-10.
O.
Water facility restrictions/no swimming. No basin,
pool, lake or fountain in any park shall be fouled by stone, wood
or any other substance or waste materials nor shall any such waters
or facilities be used for swimming, bathing, wading, boating or other
similar activity, provided that nothing herein shall preclude the
township from designating any body of water as suitable for swimming
or unmotorized boating, subject to its being posted by the township
as approved for such use.
P.
Intoxicating beverages prohibited. The possession or use of alcoholic
beverages in any park is prohibited, except if the sale, possession,
or use of alcoholic beverages is specifically authorized by resolution
of the Board of Supervisors for Township functions only.
[Amended 6-19-2018 by Ord. No. 129-B-2018]
Q.
Restriction on pets. No person shall allow any animal owned by him,
in his custody or under his control to run at large in any park, provided
that a duly licensed dog, when restrained by a leash not exceeding
eight feet in length, may be brought into the parks when in the custody
or control of its owner or another. Any animal not leashed as aforesaid
and found within any park may be seized and taken into custody for
disposition pursuant to the Pennsylvania Dog Law.[2] All persons exercising control of animals in the parks
shall be responsible for immediately cleaning up and disposing of
any animal waste resulting from their presence in the parks. All pets,
leashed or unleashed, are specifically prohibited within the limits
of the Destination Playground located in the Township Park.
[Amended 6-19-2018 by Ord. No. 129-B-2018]
[2]
Editor's Note: See 3 P.S. § 459-101 et seq.
R.
Restriction on park use. The Park Board shall have
the right to refuse, restrict or cancel the use of any facility within
the parks for reasons of repair, maintenance or construction or if
the use may be detrimental to the care and upkeep of the park or any
area within the park.
S.
Distributing or displaying advertising materials prohibited.
No person shall distribute advertising materials in the parks or post,
place or distribute any handbill, sign, notice, placard or other device
on any tree, fountain, post, railing, fence, building or any other
structure in or surrounding the parks nor display any advertising
material of any kind on any vehicle within the parks.
T.
Posted rules and regulations. All persons shall adhere
to the rules and regulations established by the Park Board and approved
by the Supervisors, which are posted by the township in the parks
and which govern and restrict conduct therein. No person shall injure,
deface or destroy any notice, rule or regulation posted at any place
within the parks. Any person violating this subsection shall be subject
to expulsion from the parks and to prosecution, if warranted under
the law.
U.
Fees. The Park Board may require the payment of a
deposit for the use of specified park facilities, as designated and
provided for in a resolution duly adopted by the Supervisors from
time to time. Depending upon the type of facility being used, such
deposit shall consist of either or both a security deposit, which
is refundable, to cover the costs of potential damages to township
property arising from the use of the designated facilities and a nonrefundable
facilities component to reimburse the township for the additional
maintenance costs associated with the use of the facilities.
V.
Additional regulations. The Park Board shall have
the authority to establish such additional rules and regulations,
from time to time, as approved by the Supervisors, necessary in its
opinion for the proper governance of the parks. Such regulations shall
become effective when approved by resolution duly adopted by the Supervisors,
without the necessity of inclusion in this chapter.
W.
Passive park restrictions. No park designated by the
Park Board as a "passive" park shall be used for any activities permitted
only in parks designated as "active" parks; provided, however, a civic
and/or homeowners' association may periodically secure a permit for
the use of a passive park from the Park Board for organized activities,
such as picnics, parades and similar activities. Township sponsored
events and/or activities may be held in any passive park.
[Amended 5-4-2010 by Ord. No. 129-E-10]
[Added 5-4-2010 by Ord. No. 129-E-10[1]]
A.
Purpose. In response to a rising level of traffic accidents involving deer, an increase in the incidence of lyme disease, increased damage to private landscaping and the depletion of the understory within the Township's passive parks, the Township organized and appointed a Deer Management Committee (the "Committee") in January of 2007 to study the deer population in the Township. The Committee issued a deer management program in April of 2008 which was approved by the Board of Supervisors on August 4, 2008. The provisions in this § 163-4 are adopted to implement the goal of the deer management program, which is to return the deer population size in the Township to its 1995 level within 10 years, by allowing the controlled deer management of whitetail deer by organizations experienced in bow hunting. The Board of Supervisors will reassess the deer management program when the goal of the program is found to have been met. The provisions in this § 163-4 outline the rules and regulations that govern the use of certain "passive" parks for deer management.
B.
Use of certain passive parks for deer management. The Board of Supervisors may authorize the use of certain designated passive parks owned by Township for deer management in accordance with the regulations in this § 163-4. The Board of Supervisors shall annually designate, by resolution, which Township passive parks, if any, may be used for whitetail deer management in accordance this § 163-4. The Township shall post outwardly facing signs informing the public that deer management will occur within the designated passive park.
C.
Designation of areas within a passive park which may be used for
deer management. In addition to the safety zones established by the
Pennsylvania Game Commission, there shall be no deer management within
50 feet from any passive park property line that abuts a developed
property.
D.
Selection of organizations which may participate in the deer management
program. The Board of Supervisors may designate annually, by resolution,
which organizations, if any, are authorized to participate in the
deer management program. Organizations who seek permission to participate
in the deer management program shall submit an application to the
Township in accordance with procedures established by the Board of
Supervisors by resolution.
E.
Deer management procedures.
(1)
Deer management is limited to only the use of bow and arrow, including
crossbows. No firearms may be used in any deer management activity
within Township passive parks.
(2)
Archers may not harvest albino, "piebald," or otherwise "mostly white"
deer.
(3)
Archers must adhere to all rules and regulations of the Pennsylvania Game Commission and all laws of the Commonwealth of Pennsylvania. If the Game Commission's rules and regulations and the regulations in this § 163-4 conflict, the more restrictive rules shall govern.
(4)
Archers must park and enter deer management areas in designated locations
as prescribed by the Township.
(5)
Archers must use temporary stands. The stand location must be approved
in advance by the Township. Archers must use a safety harness to ascend
or descend from a stand and while hunting. The installation of the
stand may not harm the environment and must be secured when not in
use. All stands must be removed within 30 days of the end of the hunting
season. Deer management is not permitted anywhere except from the
stand.
(6)
Archers shall not make any attempt to harvest a deer while any nonarcher
is within 150 feet of the targeted deer.
(7)
While hunting, archers must carry personal identification and written
evidence that they have authorization from the Township to hunt in
the designated area.
(8)
All arrows must have identification information visible on the arrow
and be retrieved after they are shot.
(9)
Archers must remove all harvested deer after shooting.
(10)
Archers may field dress harvested deer in a location that is
generally out of sight of the public. Remains may be left behind provided
that they are covered in an area away from likely access by the public.
(11)
Archers may not field dress a deer on private property unless
written authorization from the private property owner is provided.
(12)
Archers must remove all material and equipment brought into
the deer management area, including all arrows.
(13)
Baiting of deer is permitted.
F.
Scheduling of deer management. The Board of Supervisors shall establish
by resolution the days and times when deer management may occur.
G.
Reporting requirements. The Board of Supervisors shall establish
by resolution the requirements for organizations and persons who participate
in the deer management program to report information to the Township
concerning deer which are harvested in Township passive parks.
H.
Complaints. The Board of Supervisors shall establish by resolution
procedures for persons to report complaints concerning activities
conducted in Township passive parks pursuant to the deer management
program.
I.
Additional regulations. The Board of Supervisors may establish additional
guidelines and procedures to implement the deer management program
by resolution, which can be amended from time to time.
Any person who violates or permits the violation
of any provision of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the township. No judgment
shall be imposed until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the township may enforce the judgment pursuant
to the applicable rules of civil procedure.
