[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton as indicated in article histories. Amendments
noted where applicable.]
This article shall apply to the following area
in the Borough of Palmerton: the area north of Delaware Avenue, between
Third Street and Fourth Street, and bounded on the north by Lafayette
Avenue, known as the "Palmerton Area Park."
As used in this article, the following terms
shall have the meanings indicated:
The individual appointed by the Council to receive permit
applications, issue permits, establish conditions of permits and to
perform such other duties with respect to the management of the park
as Council may delegate.
The inhaling, exhaling, burning or carrying of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form. Smoking includes electronic cigarettes, vaping
devices, personal vaporizers or any electronic nicotine delivery system
or any device which simulates tobacco smoking.
[Added 7-25-2019 by Ord. No. 742]
A.
Shrubbed and flowered areas; shelters. No person shall
enter into any shrubbed or flowered area or onto any sheltering structure
in the park unless, by authority of the Borough, he/she does so for
the purposes of cleaning, maintenance or law enforcement.
B.
Climbing. Except as authorized by permit, no person
shall climb any tree or other structure in the park area.
C.
Animals. No person owning or having in his custody
any animal or fowl shall take, lead, propel or allow such animal or
fowl to be in the park unless such animal or fowl is caged, with the
exception of a blind person using a guide dog.
D.
Vehicles.
(1)
No person owning or having in his custody any motor
vehicle shall operate, park or stand such motor vehicle in the park
except in the manner and at those places designated therefor.
(2)
No person owning or having in his custody any type
of bicycle shall ride the same in the park, except in those places
designated therefor, or operate the same in the park other than by
walking.
F.
Alcoholic beverages. No person shall consume or drink
alcoholic or malt beverages or have in his possession an open container
of same while in the park, except if any areas are designated and
operated by establishments displaying a Commonwealth of Pennsylvania
Liquor Control Board License.
Except as authorized under applicable permit
procedure or under the sponsorship of the Borough, no person or group
shall engage in any of the following activities in the park:
A.
Fund-raising.
B.
Solicitation.
C.
The sale, offer for sale or display of any merchandise,
article or thing or of any services.
D.
Placing a display or allowing a display in one's charge
or custody to remain.
E.
Conducting or participating in the conduct of a dance.
F.
Conducting or presenting or participating in the conduct
or presentation of any musical, theatrical, cinematic, choreographic,
athletic or other entertainment.
G.
Conducting or participating in the conduct of a meeting.
H.
Electrical amplification of sound.
[Amended 10-8-1986 by Ord. No. 450[2]]
No person shall be present in the park between
the hours of 9:00 p.m. and 5:00 a.m., prevailing time, unless such
person is on official business, is attending or returning from a permitted
activity in the park or is so present with the prior approval of the
Secretary, provided that this prohibition shall not apply to Borough
personnel engaged in the performance of their duties.
No person shall interfere with or disrupt any activity carried on in the park in accordance with a permit issued under § 88-4 hereof.
No person shall unnecessarily and willfully
obstruct or interfere with travel through the park, nor shall any
person loaf, loiter or lounge in any area of the park, provided that
this section shall not be held to restrict peaceful picketing as long
as an adequate passageway is kept clear for the use of other pedestrians.
"Loaf, loiter or lounge," as used in this section, shall include,
without being restricted to, sleeping on benches and monopolizing
any area of the park, other than a permitted authorized activity,
to the unreasonable exclusion of use of the same area by other occupants
and/or pedestrians.
[Amended 2-19-1980 by Ord. No. 404; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 10-8-1986 by Ord. No. 450[1]]
Nothing in this article shall prevent persons
from peacefully transiting the park without restriction as to time
of day or night.
[1]
Editor's Note: This ordinance was approved 10-9-1986.
[Adopted 9-18-1996 by Ord. No. 552]
All use requests by groups or individuals are
subject to prior approval by the Borough Council. Insurance riders
may be required.
A.
Groups or individuals requesting sole use of all or
part of the facility must apply to the Council on a form provided
by the Borough Office. Rosters may be required of groups. Any group
not consisting of 50% Palmerton Borough residents may be charged an
hourly fee set by the Council.
B.
Unless otherwise stipulated, the following rules prevail
for all users:
(1)
The facility closes at dusk.
(2)
No wheeled vehicles are allowed on the athletic fields
and courts, including skateboards, in-line skates, roller skates,
bicycles and motorized vehicles, except for maintenance purposes and
handicapped accessibility.
(3)
Use of drugs and/or alcohol is prohibited.
(4)
Times and availability shall be at the discretion
of the Borough Council.
(5)
Smoking
is prohibited.
[Added 2-24-2011 by Ord. No. 682]
(6)
Use
of electronic inhalant devices and/or vaping is prohibited.
[Added 10-22-2015 by Ord.
No. 718]
A.
Groups or individuals requesting sole use of all or
part of the facility must apply to the Council on a form provided
by the Borough office. Rosters may be required of groups. Any group
not consisting of 50% Palmerton Borough residents may be charged an
hourly fee set by the Council.
B.
Unless otherwise stipulated, the following rules prevail
for all users:
(1)
The facility closes at dusk.
(2)
No wheeled vehicles are allowed on the athletic fields
and courts, including skateboards, in-line skates, roller skates,
bicycles and motorized vehicles, except for maintenance purposes and
handicapped accessibility.
(3)
Use of drugs and/or alcohol is prohibited.
(4)
Times and availability shall be at the discretion
of the Borough Council.
(5)
Smoking
is prohibited.
[Added 2-24-2011 by Ord. No. 682]
(6)
Use
of electronic inhalant devices and/or vaping is prohibited.
[Added 10-22-2015 by Ord.
No. 718]
C.
Playground area. This area is the northwest corner
of the park bounded by Third Street on the west, Park Creek on the
east, Lafayette Avenue on the north and 150 feet south of Lafayette
Avenue. Activities prohibited in this area are as follows:
D.
Bandstand. Activities prohibited in the bandstand
are as follows:
[1]
Editor's Note: Former § 88-13, Seventh Street Field,
as amended, was repealed 10-22-2015 by Ord. No. 718.
The Borough Police Department shall be empowered
to enforce any and all parts of this article upon notification of
such violation, a record of which shall be kept by the Police Department.
