Township of Penn, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 10-18-1999 by Ord. No. 723.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 54.
Outdoor burning — See Ch. 75.
Curfew — See Ch. 81.
Vehicles and traffic — See Ch. 180.
ATTACHMENTS115a Pavillion Rentals
[1]
Editor's Note: This ordinance also repealed former Ch. 115, Parks and Recreation, consisting of Art. I, Project 70 Lands, adopted 3-21-1983 by Ord. No. 405, as amended, and Art. II, Township-Owned Parks, adopted 9-18-1978 by Res. No. 52-1978, as amended.
A. 
The regulations set forth in this chapter shall apply to each park, playground, conservation area, green space, pedestrian right-of-way or other public recreation area owned or leased by the Township of Penn, hereinafter collectively referred to as "recreation areas." A copy of the regulations and penalties prescribed in this chapter shall be to the extent practicable posted at a conspicuous place at each such park or playground.
B. 
Nothing in this chapter shall be construed as prohibiting the development and management of the recreational areas of the Township of Penn by the Township of Penn in accordance with any recreation and open space plan which may be hereinafter enacted by the Township of Penn.
[Amended 5-19-2003 by Ord. No. 775; 2-15-2016 by Ord. No. 909]
The following hours of operation are established for the recreation areas of Penn Township, Westmoreland County, Pennsylvania:
A. 
Municipal Park located at 2001 Municipal Court, Penn Township, Westmoreland County, Pennsylvania, shall be open for use from dawn to dusk unless otherwise designated per the following:
(1) 
Year-round the hours of operation shall be 7:00 a.m. to 10:00 p.m. for those areas designated for baseball or softball play and which are lighted along with other recreational areas which are lighted. All other areas shall close at dusk. The Board of Commissioners may grant an extension of the hours of operation for special events. The request for an extension of hours must be in writing and made to the Board of Commissioners of Penn Township at least 30 days prior to the date of said event.
(2) 
Organized groups by the officially recognized youth athletic associations of Penn Township, Westmoreland County [Penn Township Athletic Association (PTAA) and its successors or Penn Township Midget Football Association] may use the ball fields or other facilities in the Penn Township Municipal Park after 8:00 a.m. on Monday through Saturday and 12:00 p.m. on Sunday.
(a) 
Officially recognized youth athletic associations must annually submit to the Recreation Commission a request for field use by January. The PTAA request must include the date of the beginning and of the end of the PTAA season. PTAA game schedule and field use is to be provided by April 30.
(b) 
Individual groups interested in renting ball fields when not used by Penn Township Athletic Association (PTAA) and its successors or Penn Township Midget Football Association, unless noted elsewhere in this chapter, shall be charged the following:
[1] 
A fee set per resolution shall be established per field for a two-hour time slot. These funds shall be deposited into a field maintenance account to offset maintenance that may be required and distributed periodically by Penn Township. The rental shall provide its own equipment and supplies and shall leave the field in the same condition it found it.
[2] 
Any organization making continuous use of ball fields or other facilities and who provides maintenance, upkeep, and improvements to those facilities to the satisfaction of Penn Township, may, at the discretion of the Township, use those fields free of charge.
(3) 
PTAA groups are permitted to use five fields for Sunday play, Fields 1, 2, 3, 5 and 8, from the hours of 12:00 p.m. to 10:00 p.m. except during an approved tournament.
(a) 
There shall be no organized events on Ball fields 1 through 5, 8 and 9 immediately preceding and during the Penn Township Fall Festival. Field 5 shall not be available for use immediately following the Fall Festival.
(b) 
Field use may be restricted during any activity sponsored by Penn Township or Penn Trafford Area Recreation Commission.
(c) 
Any change to an existing field use schedule must be posted at the PTAA website and notification provided to the Township Manager or designated staff.
(4) 
All requests for tournaments must be made to the Recreation Board for consideration by January of the year that the tournament is to be held.
(a) 
The hours listed above for ball fields will be waived for tournament play. Tournament fees shall be set by resolution for the use of one to three fields and by another fee for the use of four or more fields. One-day tournaments shall pay 1/2 of the normal tournament fee.
B. 
Level Green Park located at Cypress Court, Westmoreland County, Penn Township, Pennsylvania: dawn to dusk.
(1) 
Organized groups recognized by the officially sanctioned youth athletic associations of Penn Township, Westmoreland County [Trafford Level Green Athletic Association (TLGAA) and its successors] may use the ball fields or other facilities in the Penn Township Level Green Park after 10:00 a.m. on Monday through Saturday and 12:00 p.m. on Sunday.
(a) 
TLGAA must annually submit to the Recreation Commission a request for field use by January. The TLGAA request must include the date of the beginning and of the end of the TLGAA season. TLGAA game schedule and field use is to be provided by April 30.
(b) 
Individual groups interested in renting ball fields when not used by TLGAA and its successors or unless noted elsewhere in this chapter shall be charged the following:
[1] 
A fee as established by resolution per field for two-hour time slot. These funds shall be deposited into a field maintenance account to offset maintenance that may be required and distributed periodically by Penn Township. The renter shall provide its own equipment and supplies and shall leave the field in the same condition it found it.
[2] 
Any organization making continuous use of ball fields or other facilities and who provides maintenance, upkeep, and improvements to those facilities to the satisfaction of Penn Township may use those fields free of charge.
(2) 
All requests for tournaments must be made to the Recreation Board for consideration by January of the year that the tournament is to be held.
(a) 
Any change to an existing field use schedule must be posted at the TLGAA website and notification provided to the Township Manager or designated staff.
(3) 
All requests for tournaments must be made by January of the year that the tournament is to be held.
(a) 
The hours listed above for ball fields shall be waived for tournament play.
(b) 
Tournament fees shall be set by resolution. One-day tournaments will pay 1/2 of the weekend tournament fee.
The following conduct is absolutely prohibited within the premises of the recreation areas as set forth in § 115-1 hereof:
A. 
Picking, disturbing, mutilating, transplanting or removing any plant.
B. 
Disturbing, harming or destroying any animal, fowl or mammal or the habitation thereof, with the sole exception of fishing as is described in § 115-6 hereof.
C. 
Littering.
D. 
Use of jet skis, motorized trail bikes, snowmobiles and all-terrain vehicles.
[Amended 2-15-2016 by Ord. No. 909]
E. 
Use of skateboards and/or in-line skates, except in the areas designated for the same.
[Amended 2-15-2016 by Ord. No. 909]
F. 
There shall be no riding of bicycles on the playing fields, within the Dog Park, playground equipment areas, or in pavilions of Township recreation areas.
[Amended 2-15-2016 by Ord. No. 909]
G. 
Damage, destruction, alteration or vandalism of playgrounds or improvements thereon.
H. 
Swimming in the pond.
I. 
Ice skating or ice fishing on the pond.
J. 
Possession or consumption of alcoholic beverages is strictly prohibited.
K. 
No boating in the pond area.
L. 
No reptiles shall be brought upon the premises.
M. 
No loud boisterous noise.
N. 
No hunting in Township recreation areas designated in § 115-1 unless otherwise approved by the Board of Commissioners.
[Amended 2-15-2016 by Ord. No. 909]
O. 
No trapping in Township recreation areas designated in § 115-1 unless otherwise approved by the Board of Commissioners.
[Amended 2-15-2016 by Ord. No. 909]
P. 
No bringing of domesticated animals, including but not limited to dogs and cats, into the park area designated on Exhibit A[1]; provided, however, that domesticated animals shall be allowed on all paved areas in the park and on the walkway around the pond. The domesticated animals brought to said area must be leashed. Further, appropriate measures must be taken to remove the animal droppings. The animal droppings shall not be deposited in any receptacle located within the park area.
[1]
Editor's Note: Exhibit A is on file in the township offices.
Q. 
No open fires within said recreation area; nor shall charcoal grills or any other type of cooking receptacles be used within said areas, except within the pavilions located within said area; provided, however, that all charcoal, coals, ashes, etc., must be disposed of in the appropriate receptacles located at each of the pavilions. No person may dispose of any charcoal, coals, ashes, etc., in any area of the park except within the aforesaid designated receptacles. Organized camping and associated activities may be permitted in the Township Park adjacent to Brush Creek Road (Hall Property), with approval of the Township Manager by special permit.
[Amended 2-15-2016 by Ord. No. 909]
R. 
No picnic tables shall be removed from the pavilion areas.
S. 
No person over the age of 12 shall ride upon, stand upon or use any of the recreation equipment, except adults accompanying children under the age of six years may assist the children on the recreation equipment in the playground areas of all Penn Township Parks.
[Amended 2-15-2016 by Ord. No. 909]
T. 
There shall be no feeding of waterfowl.
U. 
There shall be no advertising on any external portion of a structure, fence or any other area of the recreation areas, unless recommended by the Penn Township Recreation Board and approved by the Board of Commissioners of Penn Township.
[Added 5-19-2003 by Ord. No. 775; amended 2-15-2016 by Ord. No. 909]
V. 
No person, partnership, corporation or other entity shall bring onto the recreation areas of the Township of Penn any municipal waste or solid waste as defined by Chapter 138, § 138-2, of the Code of the Township of Penn, for the purpose of disposing said municipal waste or solid waste, on the ground or in any container, dumpster or other receptacle situated within the recreation areas.
[Added 3-21-2005 by Ord. No. 803]
W. 
All Penn Township parks shall be designated as tobacco-free zones. Appropriate signage shall be posted delineating the tobacco-free areas.
[Added 8-15-2011 by Ord. No. 875; amended 2-15-2016 by Ord. No. 909]
X. 
All Penn Township parks shall be designated as drug-free zones.
[Added 2-15-2016 by Ord. No. 909]
[Added 5-19-2003 by Ord. No. 775; amended 2-15-2016 by Ord. No. 909]
By reason of a large population of Canada geese that may from time to time chose to inhabit portions of the Municipal Park located at 2001 Municipal Court, Penn Township, Westmoreland County, Pennsylvania, and which may cause excessive fecal material to be deposited within said park, the Board of Commissioners of Penn Township may from time to time, by resolution duly adopted, waive the provisions of Subsections B, M, N, O and P of § 115-3 of this chapter.
The speed limit on all designated roadways within the recreation areas as herein above described shall be 10 miles per hour.
[Amended 10-16-2000 by Ord. No. 729]
Parking shall only be in designated parking areas unless otherwise directed by a designated representative of the Township of Penn. The following prohibitions and penalties are established:
A. 
Any violation of the designated parking provisions of this chapter shall subject the violator to a fine of $5 if paid within 10 days. If not paid within 10 days, the violator shall be subject to fines and penalties as prescribed by the Motor Vehicle Code of the Commonwealth of Pennsylvania, for failure to pay parking fines within the designated time.
B. 
Any handicapped parking violation as set forth in the Vehicle Code of the Commonwealth of Pennsylvania shall subject the violator to a fine of $15 if paid within 10 days. If not paid within 10 days, the violator shall be subject to fines and penalties as prescribed by the Motor Vehicle Code of the Commonwealth of Pennsylvania, for failure to pay parking fines within the designated time.
C. 
Any violation of parking near a fire hydrant or a fire zone as set forth in the Motor Vehicle Code of the Commonwealth of Pennsylvania shall subject the violator to a fine of $10 if paid within 10 days. If not paid within 10 days, the violator shall be subject to fines and penalties as prescribed by the Motor Vehicle Code of the Commonwealth of Pennsylvania, for failure to pay parking fines within the designated time.
Fishing shall be allowed subject to the following:
A. 
No person 16 years of age or older shall fish without having obtained and having in his possession a valid Pennsylvania fishing license.
B. 
Three trout may be removed from the lake per day, per person. Individual stringers must be maintained.
C. 
All other rules of the Pennsylvania Fish Commission shall remain in full force and effect in said recreation area.
D. 
All fish of any species other than trout must be returned to the pond immediately.
[Amended 2-15-2016 by Ord. No. 909]
The Recreation Board of Penn Township, with the approval of Penn Township Board of Commissioners, may recommend reasonable charges for the rental of pavilions within the recreation areas. The rental fees shall be established on or before February 1 of each year. The rental fees shall be paid to Penn Township.
Any person found in any recreational area either owned by the Township of Penn or leased by the Township of Penn during other than those hours set forth herein shall, upon request of a police officer of the Township of Penn or any other lawful authority, immediately remove himself from said recreational areas. If said person refuses to do so, he shall be considered a defiant trespasser, pursuant to the Crimes Code of the Commonwealth of Pennsylvania Section 3503(b)[1] or any amendments thereto and shall be subject to the fines and penalties as set forth in the Crimes Code of the Commonwealth of Pennsylvania with respect to defiant trespassers.
[1]
Editor's Note: See 18 Pa. C.S.A. § 3503(b).
It shall be unlawful to sell, offer for sale, consume or have in possession any intoxicating beverage or liquor while within the recreation areas. Any person violating the prohibition herein set forth shall be charged as provided in § 115-12 of this chapter.
It shall be unlawful for any person, firm or corporation, in person or by its agents, employees or servants. to cast, throw or deposit in any manner or in any way any dirt, rubbish, waste article, thing or substance whatsoever, whether liquid or solid, upon the ground of any of the recreational areas either owned by or leased by the Township of Penn.
It shall be unlawful to cause public inconvenience, annoyance or alarm or to recklessly create a risk by:
A. 
Engaging in fighting or threatening or in violent or tumultuous behavior;
B. 
Making unreasonable noise;
C. 
Using obscene language or making obscene gestures; or
D. 
Creating a hazardous or physically offensive condition by any act which serves no legitimate purpose of the person or persons involved.
[Amended 6-16-2014 by Ord. No. 899]
A. 
Any person convicted before a District Magistrate or any other court of competent jurisdiction violating any of the rules, regulations, and prohibitions herein, except the penalties for parking as set forth in §§ 115-5 and 115-8, shall be subject to a maximum fine of $600 plus costs, and, in default in payment of such costs, to imprisonment not to exceed 30 days.
B. 
Enforcement of this chapter.
(1) 
The Penn Township Code Official or a Penn Township Police Officer, at their sole discretion, may, prior to the institution of the aforesaid provisions for prosecution of violation, issue a nontraffic citation for violations of this chapter, which shall give notice to the person responsible for the violation, the right to pay to the Township of Penn in lieu of fines and costs the following, if the same is paid to the Township of Penn within five business days after the time of the issuance of the citation:
(a) 
A fine of $50 for the violation of this chapter;
(b) 
A fine of $150 for the second violation of this chapter; and
(c) 
A fine of $500 for the third violation of this chapter.
(2) 
In the event the citation is not paid, then the Code Official or his designated representative or a Penn Township police officer shall proceed to bring an action at the Magisterial District Judge having jurisdiction within the Township of Penn.
The above restrictions shall not apply to the Penn Township Police Department while the members of the Police Department are patrolling and enforcing this chapter.
Any person or group of persons who submits information leading to the arrest and conviction of an individual or individuals for damage, destruction, alteration or vandalism of recreation areas, improvements thereon or township property shall be eligible for receipt of an award of up to $250. In the event that multiple individuals submit information, one reward of up to $250 shall be divided equally between the reporting individuals.
[Added 5-19-2003 by Ord. No. 775; amended 2-15-2016 by Ord. No. 909]
In addition to the provisions set forth herein, the Penn Township Recreation Board shall be empowered to make recommendations on matters of parks and recreation related to rules, regulations and policies governing the use of the recreation areas or the sponsoring of any area or event related to parks and recreation, subject to approval by the Board of Commissioners of Penn Township by a resolution duly adopted. The Board may from time to time make recommendations and plans to govern the construction of, remodeling of or repair to any existing structures erected upon the recreation areas located at Township recreational areas designated in § 115-1. Recommendations or plans for either construction of new structures or additions or remodeling or rehabilitation of existing structures, shall be submitted to the Township Manager who will communicate it to the Board of Commissioners of Penn Township for consideration, which approval shall be granted by a resolution duly adopted by the Board of Commissioners of Penn Township.