Borough of Malvern, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Malvern 5-21-2003 by Ord. No. 2003-11 (Part 9 of the 1975 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation administration — See Ch. 29.

§ 139-1 Compliance required.

It shall be unlawful for any person, persons, firm or corporation to use any park or recreational area owned, leased or operated by the Borough of Malvern unless such person, persons, firm or corporation complies strictly with the provisions of this chapter.

§ 139-2 Unlawful acts.

A. 
It shall be unlawful for any person, persons, firm or corporation using any park or recreational area owned, leased or operated by the Borough of Malvern to do any of the following:
(1) 
To build, start, or cause to ignite any fire anywhere in said park or recreational area except in fireplaces provided for such purpose. Such fire shall be guarded at all times and shall be thoroughly extinguished before it is abandoned.
(2) 
To cut, mutilate, remove or destroy, in any manner, any trees, shrubbery, flowers, plants or other landscaping materials.
(3) 
To deface, mark, damage, remove or destroy any buildings, posters, fences, gates or guardrails or any other park property in any manner.
(4) 
To use intoxicating beverages or to be intoxicated and to use indecent language, to gamble or to conduct oneself in a disorderly manner.
(5) 
To solicit or engage in any type of commercial or for-profit activity, including offering items or services in exchange for compensation, except when the activity is part of a community event organized by the Borough, sponsored by the Borough, or otherwise sanctioned by the Borough as a community event, including but not limited to "Malvern’s Victorian Christmas," "Malvern Blooms," "Malvern’s Fall Festival for the Arts," "Malvern Gardeners' Market," and events organized by the Parks and Recreation Board. When commercial or for-profit activities are permitted during such events, the vendors must be registered with the organizing body, if any, and shall obey all guidelines established for the particular event.
[Amended 5-20-2008 by Ord. No. 2008-2]
(6) 
To dump on park or recreational area ground any and all dirt, fill, construction debris, wood, or any other such materials.
(7) 
To engage in any activity that might cause harm to any environmentally sensitive areas, including but not limited to wetlands, stream banks, riparian areas, and other such areas.
(8) 
To construct any building, fort, or other structure in the park or recreational area, including tree houses.
(9) 
To excavate, remove or replace any soil, dirt or other terrestrial material to or from the park and recreational areas.
(10) 
To remove, damage or destroy any and all historical artifacts.
(11) 
To ride bicycles or any other wheeled nonmotorized mode of transportation in any areas but those designated for same.
(12) 
To skateboard, roller blade or use a scooter or other similar device in any areas but those designated for same.
(13) 
To use any device for the search or excavation of objects (i.e., metal detectors).
(14) 
To be accompanied by dogs or to permit the entry of dogs, except when on a leash.
(15) 
To be accompanied by any other animals or to permit the entry of any other animals into the areas.
(16) 
To litter or place refuse or rubbish anywhere except in the appropriate trash container.
(17) 
To park cars anywhere within the park or recreational areas except in places specifically designated for parking.
(18) 
To operate any motor vehicle in excess of the posted speed limit or in any manner that evidences the lack of due care and regard for the safety of property or persons within said area.
(19) 
To disobey any posted signs, warnings or prohibitions posted in any area of the park or recreational area.
(20) 
To engage in any illegal activity within the park and recreational areas.
(21) 
To swim or engage in any other activity in the water, except in places specifically designated for same.
(22) 
To place any watercraft, including boats (with or without mechanical propulsion, including gas, electric or other types of propulsion), sailboats, canoes and kayaks in any body of water, of whatever size.
(23) 
To engage in ice skating, ice hockey, or other activity on a frozen body of water, of whatever size.
(24) 
To use the park and recreational area at any time before or after those hours posted conspicuously at the entrance of such areas, which such times may, from time to time, be changed by resolution of Borough Council effective immediately upon posting.
(25) 
To use any park or recreational area when the facilities are designated for events organized by the Park and Recreation Board or the Borough Council, if such notice of events is posted conspicuously at the entrance of the park.
(26) 
To use any tobacco products in Quann Memorial Park, Theodore S. A. Rubino Park, Randolph Woods or Burke Park in the Borough of Malvern, which parks have been designated tobacco free.
[Added 6-19-2012 by Ord. No. 2012-5]
B. 
In order to ensure that the park and recreational areas are accessible and available to all members of the public who wish to use them, and in order to limit one group from monopolizing the park and recreational areas, it shall be unlawful to have any organized groups greater than five individuals in number use the park and recreational areas unless a permit therefor is applied for and first obtained from the Borough Manager, with the right to appeal a denial of such permit to the Borough Council within 10 days of such denial. If requested, the Borough Council will hold a hearing within 15 days of such request for same.

§ 139-3 Violations and penalties.

[Amended 5-2-2006 by Ord. No. 2006-6]
A. 
This article may be enforced by any Borough police officer or any other duly appointed person. Any person, persons, firm or corporation in violation of any of the provisions or sections of this article shall be liable, on conviction thereof in a summary proceeding brought before the District Justice, to a fine or penalty of not less than $50 nor more than $600 for each and every offense, plus any costs for damages to property and reasonable fees, including attorney’s fees for the costs of prosecution. Such fines and costs shall be collectible before a District Justice as like fines and costs are now collected.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.

§ 139-4 Effective date.

This chapter will become effective on May 22, 2003.