[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 7-21-1980 by Ord. No. 80-8. Amendments noted where applicable.]
No person in a public park and recreation area shall:
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, water lines 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.
Fail to cooperate in maintaining restrooms and washrooms designated for the opposite sex.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
Tie or hitch an animal to any tree or plant.
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall he remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous or deadly reptiles may be killed on sight.
Throw, discharge or otherwise place or cause to be placed in the water of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary stream, storm sewer or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
Have brought in or dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, nor be left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are 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.
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas by the Park and Recreation Commission and/or its Director.
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
Ride a bicycle without reasonable regard to the safety of others.
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it.
No person shall carry or possess firearms of any description or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
Violate the regulation that use of individual picnic places, together with tables and benches, follows the generally accepted rule of "first come, first served."
Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded.
Leave a picnic area before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like.
Take part in or abet the playing of games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited except on the fields and courts or areas provided therefor. Rollerskating shall be confined to those areas specifically designed for such pastime.
Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
Bring alcoholic beverages or drink same at any time, nor shall any person be under the influence of intoxicating liquor in the park.
Have in his possession or set or otherwise cause to explode or discharge or burn any firecrackers, torpedo rockets or other fireworks, firecrackers or explosives of flammable material or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints.
Allow for the entry of a dog or other domestic animal into areas clearly marked by the Park and Recreation Commission or its Director by signs bearing the words DOMESTIC ANIMALS PROHIBITED IN THIS AREA. Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length.
Occupy any seat or bench or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved and designated by the Park and Recreation Commission and/or its Director for the use of the opposite sex. Exception is made for children under six years of age.
Appear at any place in other than proper clothing.
Solicit alms or contributions for any purpose, whether public or private.
Build or attempt to build a fire, except in such areas and under such regulations as may be designated by the Park and Recreation Commission and/or its Directors. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
Enter on area posted as closed to the public, nor shall any person use or abet in the use of any area in violation of posted notices.
Gamble or participate in or abet any game of chance, except in such areas and under such regulations as may be designated by the Park and Recreation Commission and/or its Director.
Go onto the ice of any of the waters, except such areas as are designated as skating fields, provided that a safety signal is displayed.
Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
Fail to produce and exhibit any permit from the Park and Recreation Commission and/or its Director he claims to have upon request of any authorized person who shall desire to inspect same for the purpose of enforcing compliance with any ordinance or rule.
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire, acting by and under the authority and regulation of the Borough of Berlin.
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. The opening and closing hours for each individual park shall be posted therein for public information and shall be determined from time to time by resolution of the Park and Recreation Commission and/or its Director.
Any section or part of any park may be declared closed to the public by the Park and Recreation Commission and/or its Director (daily or otherwise) and either entirely or merely to certain uses, as the Park and Recreation Commission and/or its Director shall find reasonably necessary.
Permits for special events in parks shall be obtained by application to the Park and Recreation Commission and/or its Director in accordance with the following procedure:
A person seeking issuance of a permit hereunder shall file an application with the Park and Recreation Commission and/or its Director stating:
The name and address of the applicant.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The day and hours for which the permit is desired.
Any other information which the Park and Recreation Commission and/or its Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
Standards for issuance of a use permit by the Park and Recreation Commission and/or its Director shall include the following findings:
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public environment of the park.
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, wealth, safety and recreation.
That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
That the proposed activity will not entail extraordinary or burdensome expense or police operation by the Borough of Berlin.
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
Appeal. Within five days after the receipt of an application, the Park and Recreation Commission and/or its Director shall apprise an applicant, in writing, of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Borough of Berlin by serving written notice thereof on the Borough Clerk within five days of said refusal. A copy of said notice shall also be served on the Park and Recreation Commission and/or its Director within the same time, and said Commission shall immediately forward the application and the reason for its refusal to the Borough Council, which shall consider the application under the standards set forth under Subsection A(2) hereof and sustain or overrule the Park and Recreation Commission's and/or its Director's decision within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council shall be final.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though same were inserted in said permits.
The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The Park and Recreation Commission and/or its Director shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the Commission prior to the commencement of any activity or issuance of any permit.
Revocation. The Park and Recreation Commission and/or its Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
The Park and Recreation Commission and/or its Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
The Park and Recreation Commission and/or its Director and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this chapter.
The Park and Recreation Commission and/or its Director and any park attendants shall have the authority to seize and confiscate any property, thing or device in the park used in violation of this chapter.
This chapter shall also be enforced by the Police Department of the Borough of Berlin.
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
The Borough of Berlin reserves the right with respect to any or all of the public park and recreation areas and any facilities located therein to enter into any agreement with the Board of Education of the Borough of Berlin concerning the control and use thereof, and, anything contained in this chapter to the contrary notwithstanding, any use of said premises or said facilities by the Board of Education pursuant to any agreement with the Borough Council or Park and Recreation Commission and/or its Director heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Park and Recreation Commission and/or its Director.
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and/or shall be subject to a fine not exceeding $200 and/or imprisonment, in the discretion of the Judge of the Municipal Court, for a term not exceeding 90 days.
This chapter is in addition to and not in derogation of any other ordinance involving or effecting any of the subject matters contained in the within chapter.