[HISTORY: Adopted by the Borough Council of the Borough of Sayre as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Board — See Ch. 31.
Open containers of alcoholic beverages — See Ch. 47, Art. II.
Dogs and other animals — See Ch. 61.
Peace and good order — See Ch. 121.
Peddling and soliciting in general — See Ch. 125.
Pedicycles — See Ch. 129.
ATTACHMENTS
117a Exhibit A
[Adopted 6-21-1993 by Ord. No. 699[1]]
[1]
Editor's Note: This ordinance also superseded former Art. I, General Provisions, adopted 9-11-1972 by Ord. No. 477, as amended.
[Amended 12-15-2011 by Ord. No. 886]
This article is enacted to establish rules and regulations for the protection, care and control of the public parks, playgrounds and band shell in the Borough under the jurisdiction of the Borough and to regulate the conduct of persons on or within such parks and playgrounds or using the facilities thereof.
Except for unforeseen emergencies and officially sanctioned, authorized and supervised borough events and activities permitted in writing by the Borough Council of the Borough of Sayre, Bradford County, Pennsylvania, parks and recreation areas shall be closed from sunset to sunrise each day. The provisions of this section shall also apply to any adjacent parking lot areas. Howard Elmer Park may be traversed at all hours using any provided walkway.
It shall be unlawful for any person on borough property hereof to:
A. 
Use threatening, abusive or insulting language.
B. 
Do any obscure or indecent act.
C. 
Throw stones or any sharp object such as javelins, arrows, spears, etc.
D. 
Interfere with, encumber, obstruct or render dangerous any public way, path, walk, bridge or public place.
E. 
Do any act tending or amounting to a breach of the peace.
F. 
Climb or stand upon any fence, shelter, seat, bridge railing or support, statue or other erection.
G. 
Introduce, carry or fire any firecrackers, torpedoes or fireworks, unless authorized by permit from the borough.
H. 
Engage in, instigate, aid or encourage a contention or fight.
I. 
Assault any person.
J. 
Participate in betting, raffles, gambling or gaming or use or operate any slot machine or gaming table or other gambling instrument or sell fortunes without approval of Borough Council.
K. 
Solicit gifts or contributions for any purpose without permission of the Borough Council.
L. 
Possess or consume alcoholic beverages without permission of the Borough Council.
M. 
Be under the influence of intoxicating alcoholic beverages.
N. 
Possess, use or be under the influence of drugs, as defined and prohibited by the Pennsylvania Crimes Code.
O. 
Give entertainment of any kind or transact business of any kind or hold public meetings or assemblies without permission of the Borough Council.
P. 
Occupy a camp or campground or sleep overnight without permission of the Borough Council.
Q. 
Sell, vend or give away any article of merchandise or other matter or distribute handbills or circulars without permission of the Borough Council.
R. 
Kindle, build, maintain or use a fire except in fireplaces provided or in an approved container.
S. 
Post, paint or affix or erect any sign, advertisement, banner or any other matter for attracting attention without permission of the Borough Council. No sign may be affixed or erected by piercing the surface of any structure.
T. 
Possess or use guns, knives, slingshots or other dangerous weapons.
U. 
Possess or use any explosive material that may cause an explosion when used either alone or in combination with some other material to produce rapid flaming combustion or administer a destructive blow to surrounding objects.
V. 
Kill, injure or disturb any animal or bird or damage any grass, tree, shrub or plant or any building, sign, structure or equipment upon any premises under the jurisdiction of the borough.
W. 
Ride, drive or bring any horse upon any borough property without expressed written permission of the Borough Council.
X. 
Allow any dog to run at large. Dogs shall be permitted, provided that they are restrained by a leash not exceeding six feet in length and let or controlled by a person capable of controlling the dog, and further provided that the person in control of the dog shall be responsible for the removal of any feces deposited by the animal on borough property or right-of-way. The leash requirement is waived at Riverfront Park, provided that the dog is trained and under voice control and does not disturb or threaten any other users. If another user asks, the dog must be leashed.[1]
[1]
Editor's Note: See also Ch. 61, Dogs and Other Animals, Art. II, Dogs Running at Large.
Y. 
Drive or park any motor vehicle, including minibikes, snowmobiles or other power-driven equipment, on borough property as contemplated without permission of the Borough Council. Borough maintenance vehicles and those of borough officials and employees and emergency vehicles shall be permitted.
Z. 
Swim, wade or otherwise go into any body of water within the parks, playgrounds and recreation areas of the Borough of Sayre except in accordance with the rules and regulations relating to the use thereof. No combustion engine power-driven boats of any type shall be permitted on any body of water within the parks, playgrounds and recreation areas.
AA. 
Ride a bicycle or fly a model airplane in any park or athletic field in such a manner as to interfere with another's enjoyment of the facilities of the park or playground. Combustion-engine-powered model airplanes are prohibited in the 3rd, 4th and 5th Ward playgrounds. All combustion-engine-powered models must be equipped with a noise-suppressing muffler.
BB. 
Use any tobacco product, including but not limited to a cigarette, pipe, cigar or similar object which is lit and emits smoke and the use of chewing tobacco or similar product.
[Added 12-15-2011 by Ord. No. 886]
No person shall erect or occupy any tent, stand or other structure in any park or playground or sell or give away from any such tent, stand or other structure any food, drink or other thing, without the written permission of the Borough Council.
No person on or within a park, playground or band shell shall:
A. 
Sell, expose for sale or give away goods, wares or circulars or post or display any sign, placard or advertising device without written permission by the Borough Council.
B. 
Play, engage or take part in any game or competitive sport for money or other valuable thing without written permission by the Borough Council.
C. 
Solicit alms or contributions for any purpose without the written permission of the Borough Council.
D. 
As part of a group, move in a military or civic parade, drill or procession without written permission of the Borough Council; nor shall any individual interfere with another's enjoyment of the facilities of the park, playground or band shell.
A. 
All persons, parties or organizations desiring to reserve park facilities must make application, in writing, to the Borough Council not fewer than 30 days prior to the date desired. Applications shall be available at the Sayre Borough Hall. Applications not submitted at least 30 days in advance may be denied.
B. 
Organizations utilizing facilities are responsible for the care of equipment and grounds utilized and the cleaning of the area at the completion of the event.
C. 
Organizations utilizing park areas must present a certificate of insurance naming Sayre Borough as an additional insured as proof of liability insurance, covering injuries to participants during the period the facility is being used, in amounts as determined by the Borough Council based upon probable risk.
D. 
Organizations utilizing park areas will be responsible for the coordination of traffic control and parking with the Borough Police Department.
E. 
The Borough Council shall have the right to refuse or cancel the use of any facility to organizations or individuals for reasons of repair, construction or other reasons that may be detrimental to the care and upkeep of the area.
F. 
The use of alcoholic beverages by an organization may be permitted by the Borough Council in the park areas; however, Subsection C of this section must be complied with.
G. 
The use of posted baseball fields will be by permit issued by the Borough Council with the exception of the Sayre Little League and Sayre Area School District.
H. 
The borough shall have the right to grant exclusive franchise rights to a permit holder for the sale of merchandise, food and beverages for the period that the permit is in effect in the park and on public roads surrounding the park on the day or days of the permit.
I. 
Application. A person or group seeking issuance of a permit hereunder shall file an application with the Building and Grounds Committee. The application shall state:
(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) 
An estimate of the anticipated attendance.
(6) 
Any other information which the Building and Grounds Committee shall find reasonably necessary to a fair determination as to whether a permit shall be issued.
J. 
Nothing herein shall be read to require the application for a permit for organized, officially sanctioned borough events.
K. 
The Borough Council may, as it deems necessary, establish other rules, fees or procedures governing the use of park facilities by resolution.
L. 
Proof of liability insurance shall not be required for organizations conducting prayer services or other free-speech-related activities that are not held in conjunction with a formal organized event, i.e., the Guthrie Gallop, Firemen's Fourth of July and Farmers Market.
[Added 12-20-2007 by Ord. No. 854]
A. 
The Sayre Borough Police Department shall diligently enforce the provisions of this chapter.
B. 
Said persons enumerated in Subsection A of this section shall have the authority to:
(1) 
Cause the removal from the parks of any person acting in violation of this article.
(2) 
Seize and confiscate any article of property brought into the park areas or used therein in violation of this article.
Ice skating on Island Pond shall be allowed at the risk of the individual ice skater. The borough accepts no responsibility for the safety of the ice, and anyone skating assumes all risk inherent with the sport.
A. 
Any person who violates any provisions of this article or any posted Building and Grounds Committee rules and regulations shall be deemed and adjudged a disorderly person and, upon conviction therefor, shall be punished by a fine not exceeding $600, imprisonment for a term not exceeding 90 days or a period of community service not to exceed 90 days, or a combination thereof.
B. 
In addition to any fine or sentence imposed under Subsection A hereof, any person causing damage to any property within the borough parks and playgrounds shall be held liable for the cost of repair or replacement necessitated by such damage.
[Adopted 6-10-1985 by Ord. No. 605]
As used in this article, the following terms shall have the meanings indicated:
HOWARD ELMER PARK
That area of Sayre Borough which is located within the perimeter of the following streets: Park Place, Wilbur Avenue, Packer Avenue and Elmer Avenue.[1]
PEDDLER
Any person, whether a resident of the Borough of Sayre or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a "peddler" subject to the provisions of this article.
[Amended 10-21-1991 by Ord. No. 686]
PERSON
Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, copartnership or society or any other organization.
SOLICITOR
Any individual, whether of the Borough of Sayre or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel room, lodging house, apartment, shop or any other place within the borough for the sole purpose of exhibiting samples and taking orders for future delivery.
TRANSIENT MERCHANT
Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the borough or not, who engages in a temporary business for selling and delivering goods, wares and merchandise within said borough and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or public room in hotels, lodging houses, apartments or shops or any street, alley or other place within the borough for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
[1]
Editor's Note: See Exhibit A at end of this chapter.
Any use of Howard Elmer Park by any organization or group is prohibited unless said organization or group has obtained authorization from Sayre Borough Council for said organization's or group's activity.
Authorization given or refused by Sayre Borough Council for any request by an organization or a group for an activity shall be based on the following factors:
A. 
The group must be nonprofit and provide community service.
B. 
The type of activity.
C. 
The time of day the activity is being held.
D. 
The duration of the activity in total time.
E. 
The impact of the activity on the park and the surrounding area. This shall include but shall not be limited to the following:
(1) 
The number of participants.
(2) 
The potential number of total persons attracted by the activity.
(3) 
Damage to the park by abnormal use.
(4) 
Traffic control problems.
A. 
No person shall engage as a peddler, solicitor or transient merchant within Howard Elmer Park except as hereafter provided.
B. 
Two metered locations on Packer Avenue and two metered locations on Park Place (a total of four metered locations) will be assigned to any peddlers, solicitors or transient merchants who wish to do business at one of the four metered locations, subject to the following:
(1) 
Time periods.
(a) 
Licenses shall cover the following time periods:
[1] 
From April 1 until October 31.
[2] 
From 9:00 a.m. until 9:00 p.m., Monday through Saturday, inclusive.
(b) 
All other time periods are prohibited and restricted.
(2) 
A license must be obtained from the Borough Secretary and signed by the Chief of Police at a cost of $40 per season. In addition, the peddler, solicitor or transient merchant who holds a license must pay a daily fee of $2 and a daily deposit of $10 for the use of a meter cover.
[Amended 10-21-1991 by Ord. No. 686]
(3) 
Restrictions. A peddler, solicitor or transient merchant who holds a license will be responsible for damage to borough property, control of noise levels, proper lighting and other safety factors as determined by the police. The vehicle used by the peddler, solicitor or transient merchant who holds a license can be no larger than one metered space. No peddler, solicitor or transient merchant, whether holding a license or not, will be permitted to sell from any other metered location in Sayre Borough other than the four metered locations provided by this article.
The Sayre Borough police shall have the authority to enforce this article.
[Amended 10-21-1991 by Ord. No. 686]
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, be imprisoned for a term not exceeding 30 days.