[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 2-7-1983 by Ord. No. 517. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Hellertown Real
Estate Rules and Regulations."
[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:
A motorized off-highway vehicle which travels on three or
more inflatable tires.
[Added 9-17-2007 by Ord. No. 714]
The Borough of Hellertown, Pennsylvania.
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]
Natural features and/or property of the Borough's which is
attached to real property.
[Added 9-17-2007 by Ord. No. 714]
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]
All employees of the Borough of Hellertown's Public Works,
Park and Pool Departments.
[Amended 9-17-2012 by Ord. No. 775]
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.
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]
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]
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.
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.
Anything constructed or erected on or under the ground or
upon another structure or building.
[Added 10-6-2014 by Ord. No. 795]
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]
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]
Animals (fauna), to include fish and fowl, living in a natural
undomesticated state.
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.
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.
[Added 5-5-2022 by Ord. No. 839[1]]
Alcoholic beverages are permissible at the Dimmick Park Pavilion
and in the area immediately surrounding the pavilion for private functions
approved by the Borough subject to the Dimmick Park Pavilion rules
and regulations, as amended. Alcohol is also permissible in Dimmick
Park for Borough-sanctioned events. Distilled spirits such as whiskey,
scotch or gin, or any alcoholic content of more than 12% are prohibited
at the Dimmick Park Pavilion and in Dimmick Park at all times.
[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.
[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 any alcoholic beverage while in or upon any property administrated by or under the jurisdiction of the Borough, except as permitted in § 291-5. At no time shall anyone be under the influence of alcohol upon any Borough property.
[Amended 5-5-2022 by Ord. No. 839]
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.
Animals shall be permitted in Borough parks in the absence of an athletic
event. Any animal in any Borough recreation area shall be leashed
at all times and be licensed pursuant to 3 P.S. § 459-201,
and as amended.
[Amended 8-20-2018 by Ord. No. 825]
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.
[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.
[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.
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.
Nothing in these rules shall:
[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]
