Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hellertown 2-7-1983 by Ord. No. 517. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 112, Art. III.
Bicycles and skateboards — See Ch. 119.
Disorderly conduct — See Ch. 168.
Firearms and other weapons — See Ch. 197.
Handbills and advertising matter — See Ch. 225.
Tampering with public property — See Ch. 314.
Transient business — See Ch. 411.

§ 291-1 Title.

This chapter shall be known as the "Borough of Hellertown Real Estate Rules and Regulations."

§ 291-2 Definitions.

[Amended 12-16-1991 by Ord. No. 576; 10-21-1996 by Ord. No. 613]
Except where the context clearly indicates otherwise, the following terms, as used in this chapter, shall have the following meanings:
ALL-TERRAIN VEHICLE or ATV
A motorized off-highway vehicle which travels on three or more inflatable tires.
[Added 9-17-2007 by Ord. No. 714]
BOROUGH
The Borough of Hellertown, Pennsylvania.
ELECTRICAL PERSONAL-ASSISTIVE MOBILITY DEVICE or EP-AMD
A self-balancing, two-nontandem-wheeled device designed to transport only one person with an electric propulsion system.
[Added 9-17-2007 by Ord. No. 714]
FIXTURE
Natural features and/or property of the Borough's which is attached to real property.
[Added 9-17-2007 by Ord. No. 714]
HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The term includes a roadway open to use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park.
[Added 9-17-2007 by Ord. No. 714]
PARK EMPLOYEE
All employees of the Borough of Hellertown's Public Works, Park and Pool Departments.
[Amended 9-17-2012 by Ord. No. 775]
PARK SYSTEM
Any lands or facilities owned or leased by the Borough of Hellertown and designated or used by the Borough of Hellertown for park purposes. The Thomas Iron Works land area shall be considered to be a part of the park system.
PEDALCYCLE
A vehicle propelled solely by human-powered pedals. The term does not mean a three-wheeled human-powered pedal-driven vehicle with a main driving wheel 20 inches in diameter or under and primarily designated for children six years of age younger.
[Amended 9-17-2007 by Ord. No. 714]
PERSONALTY
Any property which is owned by the Borough which is not designated by law as real property and which is not attached to real property.
[Added 9-17-2007 by Ord. No. 714]
REAL ESTATE
Any lands or facilities owned or leased by the Borough of Hellertown and shall include, but not be limited to, the real estate comprising the park system.
SKATEBOARD
A vehicular device consisting of a platform constructed of wood, fiberglass or other similar material, to which are affixed a number of paired wheel assemblies ("trucks"), which is ridden by standing upon said platform and propelled by the rider in the manner of a scooter by pushing one foot against the ground.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
[Added 10-6-2014 by Ord. No. 795]
TRICK RIDING
The practice of operating or riding a vehicle or vehicular device, pedalcycle, skateboard, roller-skates and any other recreational type of device in such a manner that requires 'jumping' the vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device intentionally operating the vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device upon Borough fixtures and/or personalty not designed in its customary usage for use by a pedalcycle, skateboard, roller skates and any other recreational type of device or, otherwise operating the vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device in a hazardous manner.
[Amended 9-17-2007 by Ord. No. 714]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[Amended 9-17-2007 by Ord. No. 714]
WILDLIFE
Animals (fauna), to include fish and fowl, living in a natural undomesticated state.

§ 291-3 Park permits.

A. 
Any gathering or group of people consisting of 10 or more persons must first obtain a park permit to use the park system.
B. 
Application for a park permit shall be made upon the official forms of the Borough and shall be accompanied by the required fee, except where a free park permit may be issued.
C. 
Application for a park permit may be made at the Borough office, other designated locations, or a request may be made by telephone for an application. Applications and the fee must be in the Borough office well in advance of the requested park permit or as specified.
D. 
In the event more applications for reservations are received than space is available, such applications shall be considered in the order received by the Borough.
E. 
No person under the age of 18 years shall be issued a permit to use the park system.
F. 
The holder of a special facility use or group permit issued by the Borough shall be held responsible for the actions and conduct of the other persons in his party.
G. 
All visitors to the parks must comply with all rules of the Borough while within the park system.

§ 291-4 Special park permits.

No person shall install equipment or make any alterations or adjustments to existing equipment or facilities within the park system without the specific approval in writing of the Borough.

§ 291-5 Hours.

[Amended 9-17-2012 by Ord. No. 775]
No person shall be permitted within the park system between sunset of any day and sunrise of the following day except upon the issuance of a permit by the Borough pursuant to the procedure set forth in § 291-3 hereof, or except where allowed by special park regulations.

§ 291-6 Prohibited acts in park system.

[Amended 12-16-1991 by Ord. No. 576; 10-21-1996 by Ord. No. 613]
No person shall commit any of the following acts within any of the said park system:
A. 
Commit any disorderly or immoral act or violate the Pennsylvania Crimes Code or Motor Vehicle Code.
B. 
Possess or be under the influence of any alcoholic beverage while in or upon any property administrated by or under the jurisdiction of the Borough.
C. 
Possess or be under the influence of any illegal drug or narcotic while in or upon any property administrated by or under the jurisdiction of the Borough.
D. 
Peddle or solicit business of any nature whatever or collect any funds for any service of charity, or to distribute handbills or other advertising matter, to post unauthorized signs on any property administrated by or under control of the Borough without first obtaining a permit from the Borough.
E. 
Throw stones or missiles.
F. 
Hit or drive a golf ball.
G. 
Allow any animal on the athletic field during any athletic event or to bring any animal into any recreation area or to allow any animal to remain in any recreation area at any time.
H. 
Discard, deposit, dump, litter or allow to blow away any refuse of any kind or nature except by placing said refuse in containers provided for such purposes.
I. 
Bring or dispose of any type of trash, refuse or debris in any park, whether disposing of it in receptacles or not, if such refuse did not result from park usage within the park system.
J. 
Fire or discharge any firearms, air rifles, air pistols, slingshots, fireworks or any substance of an explosive nature unless the Borough issues a permit.
[Amended 11-18-2013 by Ord. No. 786]
K. 
Engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton, obscene or otherwise disorderly conduct tending to create a breach of the peace, or to disturb or annoy others, while in or on any property administrated by or under the jurisdiction of the Borough.
L. 
Camp, except in such areas as may be provided and designated for such purposes by the Borough. No person or group shall camp without a permit issued by the Borough.
M. 
Cut, remove or destroy any trees, sapling, seedling, bush, or shrub, whether alive or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub, or pick, gather, uproot, remove or destroy any flower, plant or grass, except with a permit issued by the Borough.
N. 
Remove or cause to be removed or to dig any sod, earth, humus, peat, boulder, rock, gravel or sand, except with a permit issued by the Borough.
O. 
Cut, break, mark upon or otherwise injure any buildings, equipment, foundation, or other structure or installation.
P. 
Build any fire except within the fireplaces, grills, receptacles, or open spaces approved and designated by the Borough for such purpose.
Q. 
Park a vehicle or allow the same to remain parked in the swimming pool parking area at Dimmick Park or in any other location in any recreation area at any time between the sunset of any day and sunrise of the following day, except upon the issuance of a permit by the Borough.
R. 
Injure or unnecessarily destroy any wildlife.
S. 
Obstruct in any way any roadway or path.
T. 
No vehicle shall enter or leave any recreation place except at the established ways of entrance and exit.
U. 
Make any ascent in any glider, balloon, airplane or helicopter, or any other navigational instrumentality, or any descent in or from any glider, balloon, airplane, helicopter or parachute, or any other navigational instrumentality, unless authorized by the Borough.
V. 
Drive, operate or park any motor vehicle (including, but not limited to, recreation vehicle, snowmobile, dirt bike, and unlicensed vehicles with motors) in or on any real estate.
W. 
Drive, operate or use a vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device to engage in trick riding on any Borough fixture and/or personalty within any area of the park system which was not designed for use by a vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device or otherwise operate the vehicle or vehicular device, pedalcycle, skateboard, roller skates and any other recreational type of device in a hazardous manner. All-terrain vehicles or ATVs are strictly prohibited from being operated in Borough parks. Excluded from this prohibition is the operation of vehicles and vehicular devices relative to the maintenance of the park system and those used in conjunction with approved events for which a park permit has been issued.
X. 
Drive, operate or use a vehicle or vehicular device in such a manner as to constitute "trick riding," as defined heretofore, or in an unsafe or hazardous manner.
Y. 
Feed or cause to feed in any manner any and all wildlife as may be found in or upon the Borough park system. However, this provision shall not apply to any wildlife feeding program as may be undertaken by or prosecuted under the sponsorship of any agency of the federal government, the Commonwealth of Pennsylvania and/or the Borough of Hellertown.

§ 291-7 Rail Trail use rules.

[Added 4-18-2011]
No person shall commit any of the following acts within the Rail Trail System:
A. 
Engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton, obscene or otherwise disorderly conduct tending to create a breach of the peace or to disturb or annoy others while in or on any property administered by or under the jurisdiction of the Borough.
B. 
Possess or be under the influence of any alcoholic beverage while in or upon any property administered by or under the jurisdiction of the Borough.
C. 
Possess or be under the influence of any illegal drug or narcotic while in or upon any property administered by or under the jurisdiction of the Borough.
D. 
Throw or propel stones or missiles of any kind.
E. 
Hit or drive golf balls.
F. 
All pets brought to the park must be controlled on a leash. All fecal matter shall be bagged and removed by the owner.
G. 
Horses are prohibited on the Trail.
H. 
Littering is prohibited. All rubbish must be placed in park receptacles.
I. 
Peddle or solicit business of any nature or collect any funds for any service or charity, or distribute handbills or other advertising matter, post unauthorized signs on any property administered by or under the control of the Borough, without first obtaining a permit from the Borough.
J. 
Set off, or discharge any firearms, air rifles, air pistols, slingshots or fireworks, including sparklers.
[Amended 11-18-2013 by Ord. No. 786]
K. 
Drive, operate or park any motor vehicle, including but not limited to recreation vehicle, ATV, snowmobile, dirt bike, and unlicensed vehicles with motors, in or on any real estate.
L. 
Drive, operate or use a vehicle or vehicular device in such a manner as to constitute "trick riding" or in an unsafe or hazardous manner.
M. 
Unless authorized by Hellertown Borough, operating off-road vehicles is prohibited.
N. 
Obstruct, in any way, either totally or partially, any of the paths or roadways in said recreation places.
O. 
Enter or leave any recreation place by motor vehicle except at the established and designated ways of entrance and exit.
P. 
Cut, remove or destroy any tree, sapling, seedling, bush or shrub, whether alive or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub, or pick, gather, uproot, remove or destroy any flower, plant or grass, except with a permit issued by the Borough.
Q. 
Remove or cause to be removed or dig any sod, earth, humus, peat, boulder, rock, gravel or sand, except with a permit issued by the Borough.
R. 
Post or display any sign, banner or advertisement of a political or commercial nature.
S. 
Build, start or light any fires except at those places or structures provided therefor.
T. 
Injure or destroy any wildlife.
U. 
Deface, write upon, or mutilate any notice posted within the recreation places by order of Hellertown Borough officials.
V. 
Camp, except in such areas as may be provided and designated for such purposes by the Borough. No person or group shall camp without a permit issued by the Borough.

§ 291-8 Removal of structures encroaching on Borough recreational lands.

[Added 10-6-2014 by Ord. No. 795[1]]
Prior to any property abutting the Borough's Rail Trail changing ownership by transfer from grantor to grantee by legal deed, it shall be the responsibility of the owner or owners of the property to remove any structure presently encroaching on Borough property along the Borough's Rail Trail. The legal owner or owners of the property shall, prior to the transfer of ownership of the property, notify the Borough of the pending sale and/or transfer of ownership in the property. The Borough Code Enforcement Officer, or his or her designee, shall inspect the owner's property to determine compliance with this section. In the event that it shall be determined that any structure is encroaching on Borough property, it shall be the responsibility of the owner to remove any structure so that said structure is no longer encroaching on Borough property. The structure shall be relocated on the property as permitted by the Borough Zoning Ordinance. The owner or owners shall obtain written verification from the Borough that the placement of the structure is in compliance with the requirements of this section and the Borough Zoning Ordinance prior to the sale and/or transfer of the property to any third party. Locations where existing conditions limit the ability to comply with this section may be exempted from relocation at the sole and absolute discretion of Borough Council. In the event that an exemption is granted, the owner or owners shall, as part of the exemption approval process, execute a statement acknowledging that the continued placement of the structure is with the Borough's consent and that there is no ownership rights nor adverse possession rights being obtained by the continued encroachment of a structure into or onto Borough property. The owner or owners must waive any right to adverse possession. Any structure found to be encroaching on Borough-owned or -leased property shall be removed in each and every case by the owner of the property affected at the owner's or owners' sole cost and expense.
[1]
Editor's Note: This ordinance also redesignated former §§ 291-8 through 291-10 as §§ 291-9 through 291-11, respectively.

§ 291-9 Fees, charges and permits.

A. 
The Borough shall have the authority, by resolution, to issue a fee schedule for permits, set the amount of deposits, and prescribe conditions for use.
B. 
No person shall use any facility, land or area for which a fee or charge has been established by the Borough without payment of such fee or charge.

§ 291-10 Emergency powers of Borough.

Nothing in these rules shall:
A. 
Prohibit or hinder duly authorized agents of the Borough or any police officers from performing their official duties.
B. 
Prohibit the Borough from establishing rules and regulations required to protect the health, welfare and safety of park visitors on Borough-owned or -leased real estate.

§ 291-11 Violations and penalties.

[Amended 12-16-1991 by Ord. No. 576; 10-21-1996 by Ord. No. 613]
A. 
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
[Amended 9-17-2012 by Ord. No. 775]
B. 
Where such violator has removed, destroyed, damaged, defaced or befouled the Borough-owned real estate, the contents and/or fixtures thereof, the cost of maintenance, repair or replacement shall be charged to such violator in addition to other penalties as may be assessed against violator. Further use of the Borough park system and its facilities may be denied to violators.
C. 
Upon notice to the person violating said chapter, by certified mail, return receipt requested, to abate the encroachment, and upon failure of such person to do so within a period of 10 days from the date of the receipt of said notice, the Borough shall take such steps as are necessary to abate the encroachment and charge said person violating this chapter with all cost thereof, together with a collection fee of 10%, or file a municipal claim against said person, together with a collection fee of 10%, or an action of assumpsit without the filing of the claim.
[Added 10-6-2014 by Ord. No. 795]
D. 
Institute proceedings in any court of equity having jurisdiction to abate the encroachment.
[Added 10-6-2014 by Ord. No. 795]