[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.
[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Editor's Note: This ordinance also repealed former Ch. 115,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.
[Amended 7-20-2022 by Ord. No. 949]
(a)
There shall be no organized events on Fields 1, 2, 3 and 5,
and said fields shall be closed to play beginning on the Monday prior
to the Fall Festival event with limited parking.
(b)
There shall be no organized events on Fields 4, 6, 7, 8, 9 and 10,
and said fields shall be closed to play beginning on the Thursday
prior to the Fall Festival event.
(c)
All fields shall be reopened to play the Tuesday afternoon following
the Fall Festival event.
(d)
This field closure and reopening schedule is weather permitting to
prevent unnecessary damage to field surfaces and festival equipment.
(e)
Field use may be restricted during any activity sponsored by
Penn Township or Penn Trafford Area Recreation Commission.
(f)
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.
[Amended 1-19-2022 by Ord. No. 944]
(1)
Organized
groups may use the Level Green Park pursuant to an agreement with
the Township of Penn.
(a)
Any agreement for the use of the Level Green Park must be approved
by both the Penn Township Board of Commissioners and the Penn Township
Recreation Board.
(b)
Any group using the Level Green Park pursuant to this section must
follow all the rules and regulations of the Township of Penn, the
Penn Township Recreation Board, and the approved agreement authorizing
the use of the park.
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:
(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.
