It is the intent, purpose and scope of this
chapter to ensure the preservation of outdoor public parklands, outdoor
recreation facilities and outdoor playground areas within the Township
of Exeter for the perpetual enjoyment of the residents of the Township
of Exeter; to regulate activities within these areas consistent with
the enjoyment of natural settings and park facilities and to prevent
any nuisances to the residents of the Township of Exeter in the use
of such public parkland, recreational facilities and playground areas
or in the enjoyment of private property adjacent to such areas.
As used in this chapter, the following terms
shall have the meanings indicated:
BOARD
The Board of Supervisors of the Township of Exeter, Berks
County, Pennsylvania.
PARK, PARKS or PARK SYSTEM
Unless specifically limited, shall be deemed to include all
parks, playgrounds, recreation areas, tennis courts, recreation structures
and facilities, and also entrances and approaches thereto, and all
other land or property or structures under the jurisdiction of the
Parks and Recreation Department, now or hereafter owned or acquired
by the Township for park or recreational purposes.
PERSON
Any natural person, corporation, organization of persons,
company, association or partnership.
TOWNSHIP
The Township of Exeter, Berks County, Pennsylvania.
USE PERMIT
A written communication providing for the use of certain
lands and/or facilities of the park system as permitted by the Board,
or as permitted by such person as the Board may designate to act on
its behalf.
The following lands and/or facilities located
within the boundaries of the Township shall be as part of the Township's
park system as the result of the adoption by the Board of an appropriate
resolution designating said land and/or facilities as such:
A. Any lands and/or facilities owned by the Township
and used or to be used for recreational purposes and/or open space.
B. Lands and/or facilities leased to the Township and
used, or to be used, for recreational purposes and/or open space;
provided, however, that the lessor of such lands and/or facilities
shall consent to the designation of such lands and/or facilities forming
part of the park system of Exeter Township.
C. Such lands and/or facilities used, or to be used,
for recreational purposes and/or open spaces and owned try an entity
or entities, other than the Township; provided, however, that such
other lands or facilities are approved by resolution of the Township.
D. Trout Run Sports Complex shall be restricted for use
by youth sports groups/organizations and for other youth activities
by permit only. Permits shall be obtained through the Parks and Recreation
Office. Township-run events are exempt from this provision.
[Added 9-22-2008 by Ord. No. 661]
No person in attendance at a park shall:
A. Injure, deface, disfigure, remove, cut or damage any
of the trees, plants, shrubs, turf, buildings, structures, signs or
fixtures, or any other property of the Township located within the
park.
B. Litter any area of the park with garbage, paper, bottles,
cans or other waste materials; nor dispose of the same in any way
except in the receptacles designated for such purpose.
C. Kindle or maintain any fire in the park except in
fireplaces, grills or areas specially designated for that purpose
and located by authority of the Parks and Recreation Department or
the Board.
D. Remove any bench, seat, table or other appliance without
permission of the Parks and Recreation Department or the Board.
E. Kill, trap, hunt, pursue or in any manner disturb
or cause to be disturbed any wild birds or animals within the park
system owned by the Township, except for fishing.
F. Erect any notice or placard within the park without
the authority of the Parks and Recreation Department.
G. Set up any booth, table or stand for the distribution, sale, service
or rental of any services or articles whatsoever within the limits
of the park without permission of the Parks and Recreation Department.
[Amended 11-10-2014 by Ord. No. 749]
(1) Subject to the issuance of a variance permit by the Superintendent
of the Township Parks and Recreation Department, the sale, possession
or consumption of alcoholic beverages by those persons 21 years of
age and older may be permitted at the Trout Run Youth Sports Complex,
provided that the applicant:
(a)
Provides either:
[1]
Proof of insurance in an amount acceptable to the Township and
lists the Township as an additional insured on such insurance; or
[2]
Agrees to indemnify and hold harmless the Township and its representatives
with respect to the event;
(b)
Provides the Township with copies of any permits, licenses and
outside agency approvals necessary for the sale or distribution of
alcohol; and
(c)
Provides emergency contact information for the applicant and/or
the operator of the event.
(2) No alcoholic beverages shall be served to persons under 21 years
of age, and no alcoholic beverages shall be permitted to be consumed
outside of the Trout Run Youth Sports Complex.
(3) The applicant shall demonstrate to the Township's satisfaction
that appropriate mechanisms will be put in place to ensure compliance
with all of the foregoing.
(4) Any appeal from a determination by the Superintendent of the Township
Parks and Recreation Department regarding a permit shall be filed
with the Township Manager within 15 days of the Superintendent's
determination. Any appeal shall specify the grounds upon which the
challenger relies in contesting the issuance or denial of a permit.
H. Operate, stop or park any vehicle, including but not
limited to automobile, truck, snowmobile, minibike, motorcycle or
other means of conveyance, except in an area where permitted or designated
by proper authority of the Parks and Recreation Department, or operate
the same in a reckless or negligent manner as to become a nuisance
to other area users.
[Amended 7-23-2001 by Ord. No. 518]
I. Carry or discharge any firearms, slingshots, firecrackers,
fireworks, any missile propelling instruments, explosives, arrows
or other dangerous weapons which have such properties as to cause
annoyance or injury to any person or property, unless permission has
been granted by the Parks and Recreation Department in designated
areas.
J. Disrobe or change clothing except in buildings or
facilities made available for that purpose.
K. Disturb the peace by any conduct so as to annoy any
other person using the park for recreational purposes.
L. Use threatening, abusive, insulting, profane or obscene
language or words.
M. Hold any public meeting or rally with more than five
persons or engage in any marching or driving as members of a military,
political or other organization without the permission of the Parks
and Recreation Department, which requires a statement of information,
including the name of the organization, its purpose, number of persons
expected to be invited, expected duration and name(s) of persons in
charge.
N. Disobey a proper order of a police officer or Parks
and Recreation Department staff member, or disobey or disregard or
fail to comply with any rule or regulation, warning, prohibition,
instruction or direction given by an authorized person and posted
or displayed by a sign, notice, bulletin, card, poster, or when notified
or informed as to its existence by the Parks and Recreation Department
or any authorized person.
O. Engage in the hitting of golf balls.
[Added 7-23-2001 by Ord. No. 518]
[Amended 9-16-1996 by Ord. No. 407; 7-23-2001 by Ord. No.
518]
Recreation, park, bike trail and playground
areas shall be open daily to the public during the hours of 7:00 a.m.
to 9:00 p.m. from April 1 to October 15 and 7:00 a.m. to 6:00 p.m.
from October 16 to March 31, prevailing time, except as otherwise
posted by the Parks and Recreation Department, and it shall be unlawful
for any person, firm or corporation, other than Township personnel
conducting Township business therein, to occupy or be present during
any hours which the park is not open to the public. Notwithstanding
the aforesaid, permission may be obtained from the Parks and Recreation
Department for use after the aforesaid hours or after posted hours
for specific activities in the manner and on the terms of the Parks
and Recreation Department. Any section or part of the recreation,
park, bike trail and playground areas may be declared closed to the
public at any time and for any interval of time, either temporarily
or at regular or stated intervals. During such periods of time, it
shall be unlawful to enter upon or occupy such areas or portions thereof
contrary to posted regulations or the conditions or permission by
the Parks and Recreation Department.
[Amended 11-10-2014 by Ord. No. 749]
Except as provided in §
274-4G, no person shall sell, distribute, possess or be under the influence of any alcoholic beverage or illegal drug while in or upon any part of the park system.
[Amended 7-23-2001 by Ord. No. 518]
A. No person shall permit his or her dog, cat or animal
classified as a pet access to, or on, parks, playground and recreation
areas in the park system. He or she shall not permit his or her dog,
cat or pet to enter any public building or to be upon any portion
of the park system, except a trained Seeing Eye dog; except dogs on
leashes may be walked on the Township bike trail.
B. Horses are prohibited in the park areas, except as
may have been previously established or marked to the contrary or
on the Township bike trail.
The Superintendent of Parks and Recreation and/or
the Township Manager shall administer the provisions of this chapter,
including establishment and collection of fees, preparation of application
forms, issuance and revocation of park usage and reservations, promulgations
of rules and regulations to implement the provisions of this chapter
and all other decisions relative thereto. When acts or conduct of
individuals or groups is determined to be in violation of this chapter
or rules and regulations promulgated by the authority of this chapter
or not to be the best interest of the recreation, park and playground
area, or when such acts are deemed to be disruptive to the surrounding
area, or when such acts are deemed to be disruptive to the surrounding
neighborhood, or when such acts or conduct affects other people or
private or public property, the Township police, the Superintendent
of Parks and Recreation or his/her agents assigned to such area or
program shall have the authority to cause such acts to be terminated,
to expel the perpetrators of such acts from the area, to call the
Township police to arrest and detain such individual or individuals,
or to file a complaint for the violation of this chapter with the
Magisterial District Judge.
The police officers and Code Enforcement Officer
of the Township of Exeter are charged with the enforcement of the
provisions of this chapter and of rules and regulations promulgated
by the Parks and Recreation Department.
[Amended 9-16-1996 by Ord. No. 407; 8-13-2007 by Ord. No.
640]
A. Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
B. It shall be the duty of the police officers of the
Township, without warrant, forthwith to arrest any offender against
the provisions of this chapter and to take the person so arrested
before a Magisterial District Judge having competent jurisdiction.