[HISTORY: Adopted by the Council of the City
of Coatesville 10-10-1989 by Ord. No. 845-89 as Ch. 130 of the 1989
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and Recreation Commission — See Ch. 33.
Alcoholic beverages — See Ch. 66.
Animals — See Ch. 72.
Bicycles — See Ch. 76.
Trees — See Ch. 79.
Curfew — See Ch. 92.
Drugs — See Ch. 97.
Fees — See Ch. 108.
Firearms, weapons and fireworks — See Ch. 112.
Fire prevention — See Ch. 115.
Loitering — See Ch. 153.
Noise — See Ch. 161.
Nuisances — See Ch. 164.
Peddling and soliciting — See Ch. 172.
Solid waste — See Ch. 190.
Special events — See Ch. 192.
Vehicles and traffic — See Ch. 218.
This chapter shall be known and may be cited
as the "Coatesville Ordinance Regulating Conduct in Public Parks."
A.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
B.
CITY
DIRECTOR
PARK
PERSON
VEHICLE
As used in this chapter, the following terms shall
have the meanings indicated:
The City of Coatesville.
The Director of the Department of Municipal Operations.
A park, reservation, playground, beach, recreation center
or any other area in the City owned or used by the City and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered or self-propelled.
The term shall include any trailer in tow of any size, kind or description.
Exceptions are made for baby carriages and "vehicles" in the service
of the City parks.
A.
Buildings and other property.
(1)
Disfiguration and removal. No person in a park shall
willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings; bridges; tables; benches; fireplaces; railings;
pavement 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.
(2)
Restrooms and washrooms. No person in a park shall
fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition. No person over the age of six years shall
use the restrooms and washrooms designated for the opposite sex.
(3)
Removal of natural resources. No person in a park
shall dig or remove any beach sand, whether submerged or not, or any
soil, rock, stones, trees, shrubs or plants, down timber or other
wood or materials or make any excavation by tool, equipment, blasting
or other means or agency.
(4)
Erection of structures. No person in a park shall
construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, or run or string any public service
utility into, upon or across such lands, except on special written
permit issued hereunder.
B.
Trees, shrubbery and lawns.
(1)
Injury and removal. No person in a park shall damage,
cut, carve, transplant or remove any tree or plant or injure the bark
or pick the flowers or seeds of any tree or plant, nor shall any person
attach any rope, wire or other contrivance to any tree or plant. A
person shall not dig in or otherwise disturb grass areas or, in any
other way, injure or impair the natural beauty or usefulness of any
area.
(2)
Climbing trees, etc. No person in a park shall climb
any tree or walk, stand or sit upon monuments, vases, fountains, railings,
fences or gun carriages or upon any other property not designated
or customarily used for such purposes.
(3)
Hitching of animals. No person in a park shall tie
or hitch an animal to any tree or plant.
C.
Wild animals, birds, etc.
(1)
Hunting. No person in a park shall hunt, molest, harm,
frighten, kill, trap, chase, tease, shoot or throw missiles at any
animal, reptile or bird; nor shall he or she remove or have in his
or her possession the young of any wild animal or the eggs or nest
or the young of any reptile or bird; nor shall he or she collect,
remove, have in his or her possession, give away, sell or offer to
sell or buy or offer to buy or accept as a gift any specimen alive
or dead of any of the group of tree snails. Exception to the foregoing
is made in that snakes known to be deadly poisonous, such as rattlesnakes,
moccasins, coral snakes or other deadly reptiles, may be killed on
sight.
(2)
Feeding. No person in a park shall give or offer or
attempt to give to any animal or bird any tobacco, alcohol or other
known noxious substances.
A.
Pollution of waters. No person in a park shall throw,
discharge or otherwise place or cause to be placed in the waters of
any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park or any tributary, stream, storm sewer or drain
flowing into such waters any substance, matter or thing, liquid or
solid, which will or may result in the pollution of said waters.
B.
Refuse and trash. No person in a park shall have brought
in or shall dump, 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 shall it be left anywhere on the grounds
thereof but shall be placed in the proper receptacles where these
are provided. Where receptacles are not so 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.
A.
State motor vehicle laws apply. No person in a park
shall fail to comply with all applicable provisions of the state motor
vehicle traffic laws, in regard to equipment and operation of vehicles,
together with such regulations as are contained in this chapter and
other ordinances.
B.
Enforcement of traffic regulations. No person in a
park shall fail to obey all traffic officers and park employees, such
persons being hereby authorized and instructed to direct traffic whenever
and wherever needed in the parks and on the highways, streets or roads
immediately adjacent thereto in accordance with the provisions of
these regulations and such supplementary regulations as may be issued
subsequently by the Director.
C.
Obey traffic signs. No person in a park shall fail
to observe carefully all traffic signs indicating speed, direction,
caution, stopping or parking and all others posted for proper control
and to safeguard life and property.
D.
Operation confined to roads. No person in a park shall
drive any vehicle on any area except the paved park roads or parking
areas or such other areas as may on occasion be specifically designated
as temporary parking areas by the Director.
E.
Parking.
[Amended 3-25-1996 by Ord. No. 1012-96]
(1)
Designated areas. No person in a park shall park a
vehicle in other than an established or designated parking area, and
such use shall be in accordance with the posted directions thereat
and with the instructions of any attendant who may be present.
(2)
Night parking. No person in a park shall leave a vehicle
standing or parked at night except in legally established parking
areas.
(3)
Emergency procedure. No person in a park shall fail
to immediately notify an attendant of an emergency in the nature of
a breakdown requiring the assistance of a tow truck, mechanic or other
person.
F.
Bicycles.
(1)
Confined to roads. No person in a park shall ride
a bicycle on other than a paved vehicular road or path designated
for that purpose. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy area or wooded trail or on any paved
area reserved for pedestrian use.
(2)
Operation. No person in a park shall ride a bicycle
other than on the right-hand side of the road paving as close as conditions
permit, and bicycles shall be kept in single file when two or more
are operating as a group. Bicyclists shall at all times operate their
machines with reasonable regard to the safety of others, signal all
turns, pass to the right of any vehicle they are overtaking and pass
to the right of any vehicles they may be meeting.
(3)
Rider prohibited. No person in a park shall ride any
other person on a bicycle.
(4)
Designated racks. No person in a park shall leave
a bicycle in a place other than a bicycle rack when such is provided
and there is a space available.
(5)
Immobile. No person in a park shall leave a bicycle
lying on the ground or pavement or set against trees or in any place
or position where other persons may trip over or be injured by it.
(6)
Night operation. No person in a park shall ride a
bicycle on any road between 30 minutes after sunset and before 30
minutes before sunrise without the lights as required by the Vehicle
Code.
[Amended 3-25-1996 by Ord. No. 1012-96]
A.
Bathing and swimming.
(1)
Designated areas. No person in a park shall swim,
bathe or wade in any waters or waterways in or adjacent to any park,
except in such waters and at such places as are provided therefor
and in compliance with such regulations as are herein set forth or
may be hereafter adopted; nor shall any person frequent any waters
or places customarily designated for the purpose of swimming or bathing
or congregate thereat when such activity is prohibited by the Director
upon a finding that such use of the water would be dangerous or otherwise
inadvisable.
(2)
Certain hours. No person in a park shall frequent
any waters or places designated for the purpose of swimming or bathing
or congregate thereat except between such hours of the day as shall
be designated by the Director for such purposes for each individual
area.
(3)
Structure on beach. No person in a park shall erect,
maintain, use or occupy on or in any beach or bathing area any tent,
shelter or structure of any kind unless there shall be an unobstructed
view into said tent, shelter or structure from at least two sides;
nor shall any guy wire, rope or extension or exterior brace or support
be connected or fastened from any such structure to any other structure,
stake, rock or other object outside thereof.
(4)
Costume. No person in a park shall allow himself or
herself to be so covered with a bathing suit as to indecently expose
his or her person. No person shall appear in a bathing costume at
any place in the parks except within the limits of designated bathing
places or areas, and all bathing costumes shall conform to commonly
accepted standards.
[Amended 3-25-1996 by Ord. No. 1012-96]
(5)
Bathhouses. No person in a park shall dress or undress
on any beach or in any vehicle, toilet or other place, except in such
bathing houses or structures as may be provided for that purpose.
B.
Boating, designated areas. No person in a park shall
bring into or operate any boat, raft or other watercraft, whether
motor-powered or not, upon any waters.
C.
Hunting and firearms. No person in a park shall hunt,
trap or pursue wildlife at any time. No person shall use, carry or
possess firearms of any description or air rifles, spring guns, bows
and arrows, slings or any other forms of weapon 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.
D.
Picnic areas and use.
(1)
Regulated. No person in a park shall 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.
(2)
Availability. No person in a park shall violate the
regulation that use of the individual fireplaces, together with tables
and benches, follows generally the rule of first come, first served.
(3)
Nonexclusive use; applications; damages.
[Amended 11-13-2000 by Ord. No. 1145-2000]
(a)
No person in the park shall be permitted to
use any portion of the picnic area for the purpose of holding picnics
to the exclusion of other persons, nor shall any person use such area
and facilities for an unreasonable time if the facilities are crowded.
(b)
Any organization wanting to utilize any specific area of our City-owned parks must fill out an application from the City's Parks and Recreation Coordinator, which can be done at City Hall. The application must be filled out completely and submitted to the City for approval. Once approved, this event will be logged into the Parks and Recreation calendar book. The City will levy a maintenance fee which will be found in Chapter 108. It is the responsibility of the applicant to make sure that the picnic area is cleaned after the event has taken place, with all trash being placed in bags for the Public Works to pick up on their next scheduled work day.
(c)
Any organization wanting to use the recreation room at Ash Park must follow the necessary application process and pay the maintenance fee found in Chapter 108, along with a security deposit.
(d)
Any person or organization that causes any unnecessary
damage to any facility will be subject to all repair costs, along
with criminal prosecution if necessary.
(4)
Duty of picnicker. No person in a park shall leave
a picnic area before the fire is completely extinguished and before
all trash, in the nature of boxes, papers, cans, bottles, garbage
and other refuse, is placed in the disposal receptacles where provided.
If no such trash receptacles are available, then refuse and trash
shall be carried away from the park area by the picnicker, to be properly
disposed of elsewhere.
E.
Camping. No person shall 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 house trailer, camp trailer, camp wagon or the like.
F.
Games. No person in a park shall take part in or abet
the playing of any games involving thrown or otherwise propelled objects,
such as balls, stones, arrows, javelins or model airplanes, except
in areas set apart for such forms of recreation. The playing of rough
or comparatively dangerous games, such as football, baseball and quoits,
is prohibited, except on the fields and courts or areas provided therefor.
Roller-skating shall be confined to those areas specifically designated
for such pastime.
G.
Horseback riding. No person in a park shall ride a
horse except on designated bridle trails.
B.
Fireworks and explosives. No person in a park shall
have brought or have in his possession or set off or otherwise cause
to explode or discharge or burn any firecrackers, torpedoes, rockets
or other fireworks or explosives of flammable material or discharge
them or throw them into any such area from land or highway 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.
C.
Domestic animals. No person in a park shall have been
responsible for the entry of a dog or other domestic animal into areas
other than automobile parking concourses and walks immediately adjacent
thereto and in such other areas as may be clearly marked by signs
bearing the words "Domestic Animals Permitted 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 15 feet
in length.
D.
Reservation of facilities. No person in a park shall
occupy any seat or bench or enter into or loiter or remain in any
pavilion or other park structure or section thereof which may be reserved
and designated by the Council for the use of the opposite sex. Exception
is made for children under six years of age.
E.
Dress. No person in a park shall appear at any place
in other than proper clothing. With the exception of the restricted
bathing areas, "properly clothed" shall be construed to prohibit the
wearing of trunks or clothing that does not cover the upper portion
of the body.
F.
Alms. No person in a park shall solicit alms or contributions
for any purpose, whether public or private.
G.
Fires. No person in a park shall build or attempt
to build a fire except in such areas and under such regulations as
may be designated by the Director. No person shall drop, throw or
otherwise scatter lighted matches, burning cigarettes or cigars, tobacco
paper or other flammable material within any park area or on any highway,
road or street abutting or contiguous thereto.
H.
Closed areas. No person in a park shall enter an area
posted as "Closed to the Public," nor shall any person use or abet
the use of any area in violation of posted notices.
I.
Games of chance. No person in a park shall participate
in or abet any game of chance.
J.
Going onto ice. No person in a park shall go onto
the ice on any of the waters, except such areas as are designated
as skating fields, and provided that a safety signal is displayed.
K.
Loitering and boisterousness. No person in a park
shall 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 a breach of the public peace.
L.
Exhibit permits. No person in a park shall fail to
produce and exhibit any permit, from the Director, he claims to have
upon request of any authorized person who shall desire to inspect
the same for the purpose of enforcing compliance with any ordinance
or rule.
M.
Interference with permittees. No person in a park
shall disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
N.
All smoking and tobacco products are banned and strictly prohibited
in public parks within the City limits and under the City's jurisdiction;
they shall be 100% smoke free. Smoking and tobacco products are described
as: all cigars, pipes, cigarettes and chewing tobacco are strictly
prohibited. Cigarettes shall be defined to include vapor cigarettes,
e-cigarettes, and all alternatives. A person who violates this subsection
commits a summary criminal offense and, upon conviction, shall be
sentenced to pay a fine of no more than $250.
[Added 3-23-2015 by Ord. No. 1448-2015]
A.
Vending and peddling. No person in a park shall 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 Director.
B.
Advertising. No person in a park shall announce, advertise
or call the public attention in any way to any article or service
for sale or hire.
C.
Signs. No person in a park shall 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.
D.
The City Council may allow, by specific authorization,
a nonprofit organized sports league to install advertising signs on
the fencing that surrounds the playing field designated for its particular
use. Any such authorization by the City Council to allow advertising
signs in City-owned parks would be for the sole purpose of raising
funds that are for the direct support of the league's activities.
Coordination of the installation of advertising signs, once authorization
has been granted by the City Council to a league requesting approval,
would be the direct responsibility of the City Manager or his or her
designee. The following conditions apply to any authorization granted.
[Added 7-8-1996 by Ord. No. 1019-96]
(1)
No sign installed shall exceed 16 square feet in size.
Further, signs are to be installed on the inside of the fencing surrounding
the playing field with the advertising on the sign facing the inside
of the playing field.
(2)
The City Manager or his or her designee will determine
the compliance of any sign to be installed prior to its installation.
(3)
Liability and maintenance for any sign(s) installed
will be the sole responsibility of the league to whom authorization
has been granted.
(4)
At the direction of the City Manager or his or her
designee to remove any installed sign, the sign must be removed by
the responsible league within 10 calendar days of the directive to
remove the same.
(5)
Any sign not removed within 10 days of a directive
to do so will be removed by the City, and a penalty of $10 will be
assessed against the responsible league.
(6)
No political advertising or any advertising of any
tobacco product or alcoholic beverage is allowed on any sign installed
under the authorization granted by the City Council.
A.
Hours. Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park shall
he posted therein for public information.
B.
Closed areas. Any section or part of any park may
be declared closed to the public by the Director at any time and for
any interval of time, either temporarily or at regular and stated
intervals, daily or otherwise, and either entirely or merely to certain
uses, as the Director shall find reasonably necessary.
C.
Lost and found articles. The finding of lost articles
by park attendants shall be reported to the Director, who shall make
every reasonable effort to locate the owners. The Director shall make
every reasonable effort to find articles reported as lost.
D.
Permit. A permit shall be obtained from the appropriate
Director before participating in certain park activities.
(1)
Application. A person seeking issuance of a permit
hereunder shall file an application with the appropriate Director.
The application shall state:
(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)
The park or portion thereof for which such permit
is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Director shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
(2)
Standards for issuance. The Director shall issue a
permit hereunder when he or she finds that:
(a)
The proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(b)
The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(c)
The proposed activity or use is not reasonably
anticipated to incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual,
extraordinary or burdensome expense or police operation by the City.
(e)
The facilities desired have not been reserved
for other use at the day and hour required in the application.
(3)
Appeal. Within 14 days after receipt of an application, the City Manager shall apprise an applicant in writing of his or her reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 14 days to the City Council, which shall consider the application under the standards set forth in Subsection D(2) hereof and sustain or overrule the City Manager's decision within 21 days. The decision of the City Council shall be final.
(4)
Effect of permit. A permittee shall be bound by all
park rules and regulations and all applicable ordinances fully as
though the same were inserted in said permits.
(5)
Liability of permittee. The person or persons to whom
a permit is issued shall be liable for any 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.
(6)
Revocation. The City Manager shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
[Amended 5-28-1996 by Ord. No. 1012-96]
Any person convicted of violating the chapter
shall, upon summary conviction, be subject to pay a fine not exceeding
$600 and the costs for each offense or to imprisonment in the Chester
County Jail for a period not exceeding 90 days, or both, such fine
and imprisonment.