[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.]
A.
No person in a public park and recreation area shall:
(1)
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.
(2)
Fail to cooperate in maintaining restrooms and washrooms
designated for the opposite sex.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Tie or hitch an animal to any tree or plant.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas.
(14)
Leave a bicycle in a place other than a bicycle rack
when such is provided and there is space available.
(15)
Ride a bicycle without reasonable regard to the safety
of others.
(16)
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.
(17)
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.
(18)
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.
(19)
Violate the regulation that use of individual picnic
places, together with tables and benches, follows the generally accepted rule
of "first come, first served."
(20)
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.
(21)
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.
(22)
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.
(23)
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.
(24)
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.
B.
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:
(1)
Bring alcoholic beverages or drink same at any time,
nor shall any person be under the influence of intoxicating liquor in the
park.
(2)
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.
(3)
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.
(4)
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.
(5)
Appear at any place in other than proper clothing.
(6)
Solicit alms or contributions for any purpose, whether
public or private.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
Disturb or interfere unreasonably with any person or
party occupying any area or participating in any activity under the authority
of a permit.
(14)
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.
(15)
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.
A.
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.
B.
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.
A.
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:
(1)
A person seeking issuance of a permit hereunder shall
file an application with the Park and Recreation Commission and/or its Director
stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
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.
(2)
Standards for issuance of a use permit by the Park and
Recreation Commission and/or its Director shall include the following findings:
(a)
That the proposed activity or use of the park will not
unreasonably interfere with or detract from the general public environment
of the park.
(b)
That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, wealth, safety
and recreation.
(c)
That the proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the Borough of Berlin.
(e)
That the facilities desired have not been reserved for
other use at the date and hour requested in the application.
(3)
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.
B.
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though same were inserted in said permits.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
