[HISTORY: Adopted by the Mayor and Council of the Borough of Bloomsbury 12-9-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 63.
Mass gatherings — See Ch. 149.
Littering — See Ch. 225.
A. 
No person in a public park and recreation area shall:
(1) 
Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, waterlines or other public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(2) 
Fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the rest rooms and washrooms designated for the opposite sex.
(3) 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
(4) 
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
(5) 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
(6) 
Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
(7) 
Tie or hitch an animal to any tree or plant.
(8) 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes, known to be deadly poisonous, or deadly reptiles may be killed on sight.
(9) 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water in or adjacent to any park or any tributary stream, storm sewer, or drain flowing into such water any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(10) 
Have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. Such refuse or trash shall not be placed in any waters or contiguous to any park or left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
(11) 
Drive any vehicle on any area except the paved park roads or parking areas or such areas as may on occasion be specifically designated as temporary areas by the Mayor and Common Council of the Borough of Bloomsbury or its designated agency (hereinafter referred to as "Council").
(12) 
Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions and with the instruction of any attendant who may be present.
(13) 
Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas.
(14) 
Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.
(15) 
Ride a bicycle without reasonable regard to the safety of others.
(16) 
Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it.
(17) 
Swim, bathe, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereinafter adopted, nor shall any person frequent any waters or places customarily designated for swimming or bathing or congregate there when such activities are prohibited by Council upon a finding that such use of the water would be dangerous or otherwise inadvisable.
(18) 
Frequent any waters or places designated for the purpose of swimming or bathing or congregate there except between such hours of the day as shall be designated by Council for such purposes for each individual site.
(19) 
Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two sides, nor shall any guy wire, rope or extension brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
(20) 
Allow himself to be so covered with a bathing suit as to indecently expose his person.
(21) 
Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.
(22) 
Bring into or operate any boat, raft or other watercraft, whether motor powered or not, upon any waters, except at places designated for boating by the Council. Such activity shall be in accordance with applicable regulations as are now or hereafter may be adopted.
(23) 
Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
(24) 
Launch, dock or operate any boat of any kind on any water between the closing hour of the park at night and the opening hour of the park the following morning, nor shall any person be on or remain on or in any boat during said closed hours at the park.
(25) 
Fish in any waters except in waters designated by the Council for that use and under such regulations and restrictions as have or may be prescribed by the Council.
(26) 
Fish in any area where bathing is permitted.
(27) 
Carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
(28) 
Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate that activity in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(29) 
Violate the regulation that use of individual fireplaces together with tables and benches follow the generally accepted rule of first come, first served.
(30) 
Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such areas and facilities for an unreasonable time if the facilities are crowded.
(31) 
Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(32) 
Set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon or the like, except in those areas designated by the Council for those purposes.
(33) 
Take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games, such as football, baseball and lacrosse, is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designated for such pastime.
(34) 
Ride a horse except on designated bridle trails, where permitted. Horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
B. 
Exceptions to the foregoing prohibitions may be secured by making written application to the Park Commissioner or his designated agents, who shall in turn grant or deny said request within five business days.
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
A. 
Bring alcoholic beverages or drink the same at any time, except subject to the provisions of § 178-4; however, no person shall at any time be under the influence of intoxicating beverages in a park.
B. 
Have in his possession, or set or otherwise cause to explode or discharge, or bury any firecrackers, torpedo rockets, or other fireworks, firecrackers, or explosives of inflammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition shall include any substance, compound, mixture or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints. At the discretion of the Council, permits may be given for conducting properly supervised fireworks in designated park areas.
C. 
Be responsible for the entry of a dog or other domestic animal into areas clearly marked by the Council by signs bearing the words "Domestic Animals Prohibited in This Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length.
D. 
Occupy any seat or bench or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved and designated by the Council for the use of the opposite sex. Exception is made for children under six years of age.
E. 
Appear at any place in other than proper clothing.
F. 
Solicit alms or contributions for any purpose, whether public or private.
G. 
Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Council. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park or on any highways, roads or streets abutting or contiguous thereto.
H. 
Enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
I. 
Gamble or participate in or abet any games of chance except in such areas and under such regulations as may be designated by the Council.
J. 
Go onto the ice of any of the waters except such areas as are designated as skating fields, and provided that a safety signal is displayed.
K. 
Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
L. 
Fail to produce and exhibit any permit from the Council he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
M. 
Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
N. 
Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Council.
O. 
Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever on any public lands or highways or roads adjacent to a park.
A. 
Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during the designated hours. The opening and closing hours for each individual park shall be posted therein for public information and shall be determined from time to time by resolution of the Council.
B. 
Any section or part of any park may be declared closed to the public by the Council at any time and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the Council shall find reasonably necessary.
Permits for special events in parks shall be obtained by application to the Park Commissioner or his designated agent in accordance with the following procedure:
A. 
A person seeking issuance of a permit hereunder shall file an application with the Park Commissioner or his designated agent stating:[1]
(1) 
The name and address of the applicant.
(2) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(3) 
The day and hours for which the permit is desired.
(4) 
The park or portion thereof for which such permit is desired.
(5) 
The number of persons proposed to be involved in the special activity.
(6) 
Whether or not alcoholic beverages will be consumed during the course of the special event.
(7) 
Any other information which the Park Commissioner or his designated agent shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Standards for issuance of a use permit by the Park Commissioner or his designated agent shall include the following:[2]
(1) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(2) 
The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(3) 
The proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.
(4) 
The proposed activity will not entail extraordinary or burdensome expense or police operation by the Borough.
(5) 
The facilities desired have not been reserved for other use at the date and hour requested in the application.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Appeal. Within five days after the receipt of an application, the Park Commissioner or his designated agent shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the Council by serving written notice thereof on the Borough Clerk within five days of said refusal. A copy of said notice shall also be served on the Park Commissioner within the same time, and said Park Commissioner shall immediately forward the application and the reasons for its refusal to the Borough Council, which shall consider the application under the standards set forth under Subsection B hereof and sustain or overrule the decision of the Park Commissioner or his designated agent within 10 days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council shall be final.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as though the same were inserted in said permit.
E. 
The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The Council shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be, from time to time, determined by the Council, prior to the commencement of any activity or issuance of any permit.
F. 
Revocation. The Council shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A. 
The Council and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Council and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this chapter.
C. 
The Council and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park or used in violation of this chapter.
D. 
This chapter shall also be enforced by the Police Department of the Borough.
No owner or driver shall cause or permit his vehicle to stand outside of designated parking spaces, except for a reasonable time to take up or discharge passengers or equipment. No motor vehicle shall be parked in said park areas from 1/2 hour after sunset until sunrise, except as otherwise permitted.
The Borough of Bloomsbury reserves the right with respect to any or all of the public park and recreation areas, and any facilities located therein, to enter into any agreement with the Board of Education of the Borough of Bloomsbury concerning the control and use thereof, and, anything contained in this chapter to the contrary notwithstanding, any use of said premises or said facilities by the Board of Education pursuant to any agreement with the Borough Council heretofore or hereafter entered into shall be free and exclusive from any control or supervision of or by the Borough Council.
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto shall, upon conviction, be subject to the replacement, repair or restoration of any damaged park property and shall be subject to a penalty as prescribed in Chapter 1, Article I, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter is in addition to and not in derogation of any other ordinance involving or affecting any of the subject matters contained in this chapter.