[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-5-2020 by Ord. No. 794]
Editor's Note: This ordinance also repealed former Art. I, Rules and Regulations, adopted 11-12-1975 by Ord. No. 222, as amended.
The parks and playgrounds of Upper Allen Township are for the benefit and pleasure of the entire public, and the rules and regulations governing their use are established for the express purpose of providing for the general welfare of persons using the parks and the public as a whole. They shall apply to all persons who use the parks, playgrounds and park-based facilities.
The Board of Commissioners may prescribe rules and regulations for the use of the facilities, including, but not limited to, procedures for the filing and approval of applications, and use of the facilities or structures within the facilities. The Board may prescribe by resolution charges for the use of said facilities. The Park and Recreation Board shall make recommendations with respect to such rules and regulations.
As used in this article, the following terms shall have the meanings indicated:
- ORGANIZED GROUP
- A group of five or more unrelated individuals or 10 or more people (related or not) who use a park facility (example: pavilions, fields, and playgrounds) in Upper Allen Township.
- PARKS AND PLAYGROUNDS
- Includes all lands and waters (including bikeways and walkways), whether owned or leased by the Township, which are designated by the Board of Commissioners to be for recreational use.
- The Township of Upper Allen, Cumberland County, Pennsylvania.
- Any motorized device for carrying passengers or goods.
- A thoroughfare constructed and designed for pedestrian traffic.
No person shall be in any park or on any trail during the hours the Township facility is closed except as preapproved, in writing, by the Township Manager or his/her designee. All parks are open from sunrise to sunset, except areas lighted for evening use, which shall close at the time posted at the specific park.
Any park, park amenity, park equipment or specified park area may be closed during such hours as designated by the Board of Commissioners, Township Manager/Assistant Township Manager, Chief of Police or Park Maintenance Supervisor, and all persons found within the parks or specified area of the park when it is closed shall be subject to the penalties imposed by this article.
Park lands are public lands and shall not be put to use for a personal garden, nursery, storage uses or other purely personal uses.
The Board of Commissioners may, at its discretion, levy charges on nonresidents or residents, or both, for use of park or playground facilities. Charges shall be determined by the Board of Commissioners through resolution. Permits for events in or on any Township land or facility shall be obtained by application to the Township Manager or authorized designee. The Township shall have the authority to charge a fee for any damage done either willfully or accidentally by person(s) or organization(s) using any Township facility.
These regulations apply to all motor vehicles within the parks, except fire, police, emergency, Township vehicles or vehicles on official Township business:
Vehicle operation permitted on roadways and designated parking areas only. All vehicles shall operate on the regularly designated roadways and in parking areas only, and no vehicle may be operated on or through any other area of the park, including, but not limited to, grass areas or trails. Vehicles may be parked only in designated parking areas
The legal speed limit shall be 15 miles per hour on all roadways and parking areas.
Vehicles weighing over 10,000 pounds shall not be permitted.
Repair and maintenance of vehicles. Washing, greasing, lubricating, or other maintenance or repair of vehicles on park property is prohibited
Unlicensed motor vehicles shall not be permitted.
All state and Township laws pertaining to vehicular use shall be valid and enforceable.
Current inspection sticker required.
It shall be unlawful for any person to park a vehicle in any Township park at any time other than during park hours.
It is prohibited to park or store a vehicle in a Township-owned park when not using the facilities of the park, unless written permission is granted by the Township Manager or his/her designee.
It shall be unlawful to land a private or commercial airplane or helicopter on Township park lands. Emergency aircraft are exempt from this prohibition.
It shall be prohibited to operate or ride a wheeled device without reasonable regard to the safety of others and property.
Electric vehicle charging station parking spaces may be utilized by electric vehicles that are actively charging. Any vehicle that is not actively charging is subject to a fine. Any vehicle parked at an electric vehicle charging station that is not charging four (4) or more hours may be towed at the owner's expense. Cars may charge for a maximum of eight (8) hours. Fees for charging electrical vehicles will be established by the Township Fee Resolution.
Parking is available on a first-come-first-served basis only. Parking spaces/spots cannot be saved. Reservations at group areas do not include reserved parking.
No person shall perform the following actions within the parks, playgrounds or park-based facilities, unless specifically noted:
Acts in violation of the Pennsylvania Crimes Code.
Litter, dump or deposit any garbage or other offensive substance or article, except in receptacles when provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, grills, railings, paving or paving materials, waterlines or other public utilities (or parts or appurtenances thereof), signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property, or appurtenances whatsoever, either real or personal.
All fireworks shall be prohibited on Township park land.
No alcoholic beverage shall be brought into, possessed or consumed in any park.
Smoking or use of tobacco products, including vaping or e-cigarettes or similar device, in any Township park.
Throw, discharge or otherwise place or cause to be placed in the waters, wetlands, any fountains, pond, lake, stream or other body of water in or adjacent to any Township facility, or any tributary, stream, storm sewer or drain flowing into same, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
Construct or erect any building or structure of whatever kind, including those for amusement, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permission of the Township Manager or his/her designee.
All laws, rules and regulations pertaining to fishing in the Commonwealth of Pennsylvania shall apply to fishing in recreation areas, and the provisions thereof are hereby incorporated herein by reference thereto.
Any fire or other burning, except for open fires in charcoal grills or other facilities provided for such purpose.
Walk a dog or other domestic animal without a leash, said leash to be no longer than six feet in length. All dogs or domestic animals must be under control and must not be allowed to run at large. Further, any person(s) who is accompanied by a dog or other domestic animal while on or in a Township facility shall, in addition to any fine or penalty as hereinafter set forth, be liable for any injury to people or other domestic animal caused by the dog or animal and further shall indemnify the Township as hereinafter set forth. Domestic animals are permitted only in designated areas and specifically not allowed in buildings, on playgrounds or athletic fields. Owners must provide for and clean up after their dogs accordingly. This provision shall not apply to service animals when accompanying individuals with disabilities, as defined by the Americans with Disabilities Act (ADA). This rule shall not govern the use of the Township dog park, where the special site rules will apply.
Editor's Note: See 42 U.S. C. § 12101 et seq.
Hitting of golf balls or playing of golf in the parks.
No unmanned motorized vehicle (example: drones, model airplanes, model helicopters, remote-controlled cars, etc.) may be taken off/launched from, landed at or operated (both remotely or within) at any Township park facility or lands by any private, commercial, business person or entity.
Possession, discharge or transportation of weapons or paintball guns, airsoft guns, BB guns, fireworks, firecrackers or similar propelling explosives, bows and arrows and sling shots. The prohibitions under this subsection do not apply to otherwise lawful possession, discharge or transportation of firearms as protected by state and federal law
No person shall damage, cut, carve, uproot or injure any tree, or injure the bark or pick the flowers or seeds of any plant in any park; nor shall any person attach any rope, wire, nail, tacks, staples or other contrivance to any tree or plant in any park; nor shall any person dig in or otherwise disturb grass areas or in any other way injure or impair the beauty or usefulness of any park.
Hunting or trapping of live animals or wildlife; capturing, harassing, injuring of wildlife.
Camping, sleeping overnight on the ground or anywhere else within the park.
No person shall post, paint, affix, distribute, deliver, place, cast or leave about any billboard, placard, ticket, handbill, circular or advertisement.
Sell any article, food or service within the limits of the park; or distribute, sell, service or rent any services or commodity or solicit for any purpose without written permission of the Township Manager or his/her designee.
Play, engage or take part in any game or competitive sport for money or other thing of value.
No chewing gum, food, beverages (excluding water), or cleats of any kind are permitted in the inclusive playground areas (currently Winding Hill Park North)
Swimming is not permitted in any Township-owned waterway or body of water. No use may be made of these waters which may contaminate them.
Skateboarding, in-line skating, roller skating, scooters and bicycling are prohibited in all pavilions, courts (basketball/tennis), playgrounds, and picnic areas.
Use of nails, tacks, screws, or any other item that will result in holes in the pavilions or other park equipment is prohibited.
When amplifying or sound systems are used, they may only be used between the hours of 10:00 a.m. to 8:00 p.m., Monday through Saturday, and 1:00 p.m. to 7:00 p.m. on Sunday. Music amplified or played through a sound system shall be limited to a maximum of four hours in a day.
It shall be unlawful for any person to enter upon any Township park facility before the opening hours or remain in such facility after closing.
It shall be unlawful for any person, knowing that he/she is not licensed or privileged to do so, to enter upon any Township park facility after having been duly notified, either verbally or in writing, that he/she is not permitted to enter upon such facility at any time.
No person shall enter or leave a park except by the entrances and exits provided for such purposes.
Facilities and areas in Township park sites shall be used for the purposes designated or implicit in their character. Scheduled use of park facilities, including, but not limited to, organized and unorganized instruction, exhibition, competition, or demonstration, shall require a facility use permit prior to such events being conducted.
A facility use permit is required for use of any field, pavilion or park amenity by an organized group, association, or organization. Whenever any organized group, association or organization desires to use a park, playground or park facility, a representative thereof shall first obtain authorization from the Township Manager or his/her designee. Authorization shall be granted to such a group if it appears that its use will not interfere with the general use of said facilities by individual members of the public. Fund-raising events shall be permitted only when monies derived from such events are solely used by not-for-profit organizations to benefit the Upper Allen Township community. Park users who have been issued permits will have priority of use of the facility for which their permit has been issued. Permits shall not be transferable without written consent of the Township Manager.
Athletic field facilities are for the general use of the public for nonorganized activity at no cost to the users on Monday through Friday, 9:00 a.m. to 4:00 p.m., exclusive of holidays. Permits are required for the exclusive use of athletic fields for both organized and nonorganized activity at all other times. Permits may be issued to applicants for times within the general use period, with those permit holders having priority of use during those times.
Holders of permits for an athletic field or pavilion shall have priority of use for the facility listed on the permit. Those individuals who do not have a permit for the facility should vacate at the request of the permit holder. Nonpermit use of athletic fields is only permissible during the described general use period and if the permit-holding group is not present. Failure to vacate a facility at the permit holder's request may result in fines and penalties under this section. If a park pavilion or park amenity (excluding athletic fields) is open and not reserved, it may be used on a first-come-first-served basis by non-organized groups.
Upper Allen Township reserves the right to deny an application for a facility use permit if, in the opinion of the Township, the use would endanger the health, safety and welfare of the public. If the entire application is not denied, Upper Allen Township reserves the right to deny or approve certain activities requested by the user.
Approved users of parks and facilities will be provided a copy of the signed permit application from the Township. Users will also be provided a copy of the Upper Allen Township Parks and Facilities Rules of Use. The signed permit and rules form should be maintained by the user or group contact during the time of the event at the park or facility.
The Township may require that a police officer or officers be present at a park event depending upon the type of activity proposed by the applicant. The applicant would be required to pay for that police service as established by the Township Fee Resolution.
The Township Manager or his/her designee shall have the authority to revoke a permit upon a finding of violation of any rule or provision of this Code, or upon the violation of any condition or restriction under which the permit was issued.
The use of picnic tables outside of reservable pavilions are available on a first-come-first-served basis with no reservation or extra fee required. No more than two (2) picnic tables and the immediate area around those tables can be used by a single group. A responsible adult with picnic items must be present to hold a picnic table. Reservations of a designated reservable pavilion are required for groups that want more than two tables. Picnic tables within the parks may not be rearranged or removed.
Organized sports groups, special use permit holders and professional or business organizations must provide liability insurance coverage at a minimum amount set by the Township Manager or his/her designee. All certificates of insurance must provide for written notice of cancellation, revocation or modification prior to the date of the event(s).
All insurance certificates shall be originals and list Upper Allen Township as an additional insured. All certificates must be signed by a licensed insurance broker or insurance company representative. Sublimits shall not be less than the per-occurrence limit amount required.
Insurance certificates must be received in the Upper Allen Township Municipal Building prior to the close of the last business day before the first date of park, field, or facility use requested by the organization or group's first event. Failure to provide the insurance certificate automatically voids the approved, permitted use of the park, field, or facility by the requesting individual or group.
A special use location, for instance walking paths, bike routes, bikeways and dog parks, may have special rules and regulations as determined by the Board of Commissioners which shall apply to that location only. Rules for those sites will be posted at the entrance to the special use sites.
Exception to the foregoing rules can be made only where and as directed, and to facilitate maintenance and emergency responder performance, by the Board of Commissioners.
Any person apprehended violating any of the foregoing rules and regulations may be expelled from the park or playground by Township Police and shall be responsible to restore or make restitution to the Township for any damage caused by him or her.
Any person, firm, organization or corporation who shall violate any provision of this Part, 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 less than $50 nor more than $1,000 plus the cost of prosecution for each and every offense, plus the cost of all damages inflicted upon Township property, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 7-2-2007 by Ord. No. 640]
This article shall be known and may be cited as the "Mechanicsburg Municipal Swimming Pool Intergovernmental Cooperation Agreement Ordinance."
The background of this article and the legislative intention of the Board in enacting it are as follows:
The Borough of Mechanicsburg is a Pennsylvania Borough municipal government entity and the Township is a Pennsylvania first class Township municipal government entity.
The Act of 19 December 1996, P.L. 1158, No. 177, referred to as the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301 et seq., provides that local governments may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities.
Pursuant to the provisions of the Pennsylvania First Class Township Code, the Board is authorized to provide recreation facilities and programs for the benefit of Township residents, 53 P.S. § 58001 et seq.
The Board recognizes the desirability of sharing park and recreation facilities with neighboring municipalities for the benefit, health, safety and welfare of area residents.
The conditions, duration, purpose and objectives of the intergovernmental cooperation agreement (the "agreement"), including the powers and scope of authority delegated therein, manner and extent of financing, organizational structure necessary to implement the agreement and manner in which real and personal property will be acquired, managed and disposed of are set forth in the agreement, a copy of which is attached to this article as Exhibit A and incorporated herein as if set forth in full.
Editor's Note: A copy of said Exhibit A is on file in the Township offices.
Any funds under the agreement may be appropriated by the Board as it shall determine, in its sole discretion, from time to time.
Real and personal property may be acquired, managed or disposed of under this article and as set forth in the agreement.
Each party has the power to enter into contracts for policies of group insurance and employee benefits, including social security, for all of their employees, including those whose duties further the purposes of the agreement.
The President or Vice President of the Board are hereby authorized to execute all documents and perform all actions necessary to cause the Board to enter into the agreement and to implement the terms and provisions thereof.
If any sentence, clause, phrase or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections or parts of this article. It is hereby declared as the intention of the Board that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, phrase, section or part thereof not been included therein.
This article shall become effective as provided by law. The agreement shall be effective upon the effective date of the Intergovernmental Cooperation Ordinance last enacted by the parties.