Township of Allegheny, PA Parks and Trails

Any requirement or provision of these rules and regulations relating to any act shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such act; or the permitting or the allowing of any minor in the custody of any persons, doing any act prohibited by any provision thereof.

No provision hereof shall make unlawful any act necessarily performed by any Allegheny Township police officer or employee of Allegheny Township in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with Allegheny Township.

Any act otherwise prohibited by rules and regulations, provided it is not otherwise prohibited by law or local ordinance, shall be unlawful if performed under, by virtue of and strictly in compliance with the provisions of a permit and to the extent authorized thereby.

These rules and regulations are in addition to and supplement all state and federal laws.

§ 176-3 Definitions.

Except where the context clearly indicates otherwise, the following terms used in this chapter shall have the following meanings:

EXCRETA

All matter eliminated from the bodily system, such as sputum, urine, fecal matter.

PARK

Any lands, waters or facilities owned or leased by Allegheny Township and designed or used by Allegheny Township for park and recreation purposes.

PEACE OFFICER

Any person who, by virtue of his office or public employment, is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

PERMIT

Any written authorization issued by or under the authority of the Township of Allegheny permitting specified privileges.

PERSON

Any natural person, corporation, organization of persons, company, association or partnership.

TRAIL

Any lands, water or facilities owned or leased by Allegheny Township and designed or used by Allegheny Township for park and recreation purposes.

§ 176-4 Preservation of property, natural resources and wildlife.

No person except those authorized by Allegheny Township or conducting official business shall, on any Township-owned or -leased property:

Disfiguration and removal: mark, deface, disfigure, injure, disturb, displace or remove, befoul, destroy or cause to be destroyed any building, table, bench, railing, paving, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, surveying lines, surveying monuments or other boundary markers or other structures of equipment, facilities or Township-owned or -leased property or appurtenances whatsoever, either real or personal.

Rest rooms: fail to maintain rest rooms in a neat, clean and sanitary condition or vandalize or deface rest rooms within the park.

Removal of natural resources: dig or remove any soil, rock, stones, trees, shrubs or plantings, downed timber or other wood or materials or make any excavations by tool, equipment, blasting or other means or agency unless granted a permit by Allegheny Township.

Erection of structures: construct or erect any building, tent or structure of whatever kind, whether temporary or permanent in character, run or string any public service utility into, upon or across such lands or water, unless granted a permit by Allegheny Township.

Trees, shrubbery and landscape: damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers, leaves or seeds of any trees or plants; nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.

Refuse and trash: have brought in or shall dump, deposit, discard or leave any broken glass, ashes, paper, boxes, cans, cups, glasses, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be left anywhere on the ground thereof, but shall be placed in the proper receptacles. If receptacles are not provided, the person or persons responsible shall carry all such rubbish and waste away from the property for its presence and see that it is properly disposed of elsewhere.

Spilling of deleterious substance: pour or cause to spill or permit to escape or otherwise discharge any oil, gasoline, salt, acid or other deleterious substance, whether liquid, solid or gaseous.

Human excrement: emit, eject, discharge or cause to be deposited any excreta of the human body except in the proper receptacles designated for such purpose.

Wildlife and other animals: kill, injure, trap, hunt, pursue, torture or, in any manner, deliberately disturb or cause to be disturbed any wild or domesticated bird or animal within the parks and trails.

§ 176-5 Traffic and vehicles.

The Pennsylvania Vehicle Code, Act 81, June 17, 1976, Title 75,[1] is hereby declared to be in effect in all parks, trails and recreational facilities owned or leased by Allegheny Township, with like effect as though set forth herein in full, and the traffic rules and regulations set forth herein are in addition to and supplement the Vehicle Code. No person except those authorized by Allegheny Township, or conducting official county, state or federal business, shall on any Township-owned or -leased property:

Enforcement of traffic regulations: fail to obey all persons properly authorized by Allegheny Township.

Operations: drive any vehicle on any area except the paved roads or parking areas or such other areas as may on occasion be specifically designated as temporary roads or parking areas by Allegheny Township.

Commercial traffic: operate any commercial vehicle other than that necessary to service a park, within the park, on any Township-, county- or state-owned property, unless granted a permit.

Recreation vehicle and trailers registration: operate any unregistered recreational vehicle or recreational vehicle trailer in the park when the Commonwealth of Pennsylvania or any other state requires registration.

Recreational vehicles and trailers: operate any recreational vehicle in other than an established or designated trail, road or area for that purpose. No person shall park a recreational vehicle trailer or any other trailer, wagon or buggy anywhere other than an established or designated area for that purpose. Snowmobiles, trail bikes, minibikes and all-terrain vehicles are prohibited in the parks and on the trails.

Bicycles and tricycles: operate or ride a bicycle or tricycle anywhere other than a trail or area designated for that purpose, except that such vehicles shall be permitted on motorized roads and parking lots. A person shall be permitted to wheel or push a bicycle or tricycle by hand over the turf area, trail or on paved areas reserved for pedestrian use. No person shall leave a bicycle or tricycle lying on the ground or paving or set against trees or shrubs or in any place or position where other persons may trip over, walk into or be injured by them. No person shall leave a bicycle or tricycle at a place other than a rack for parking when such is provided and there is space available. No person shall carry another person upon the frame or handlebars of any bicycle or tricycle.

Vehicle weight limits on park roads: operate any vehicle with a loaded weight in excess of 10,000 pounds on any park road or trail, unless granted a permit, where use of such vehicle is needed for park-sponsored or park-sanctioned recreational events or park purposes.

All-terrain vehicles: operate any all-terrain vehicles commonly known as "quad runners," "trikes" or "dirt bikes" in any Township-owned or -leased park, trail or recreation area, unless granted a permit, where use of such vehicle is needed for park-sponsored or park-sanctioned recreational events or park purposes.

[1]

Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

§ 176-6 Recreational activities.

No person, except those authorized by Allegheny Township or conducting official Township business in any and all parks and trails owned or leased by Allegheny Township, shall:

Hunting, trapping and firearms: hunt, trap, carry, bring into and/or discharge any type of gun, pistol, revolver, air gun, bow and arrow, slingshot or any other weapon in any Allegheny Township park or trail except in those specified areas designated for such purpose, nor shall any person shoot into any park or county- or state-owned properties from beyond its boundaries.

Fireworks: fire, discharge, set off, explode, bring into or possess any rocket, firecracker, torpedo, missile or any other fireworks or type of fireworks or any substance of an explosive nature within any park or on any Township-owned or -leased properties.

Contraband. All game, animals, fowl and birds hunted, killed, taken, destroyed, bought, sold, bartered or had in possession, contrary to any of the provisions herein, and the same declared to be contraband, shall be subject to seizure and confiscation and shall be turned over to the Pennsylvania Game Commission with the responsible person to face further legal action as deemed necessary. Any weapon or object carried or used by any person in violation of these rules shall be subject to seizure by the appropriate authority or its agents and disposed of according to law.

Knives, hatchets and axes: possess any type of knife, hatchet or axe, unless engaged in appropriate use.

Horse and horseback riding: ride or walk a horse in any Allegheny Township-owned or -leased park, trail or recreation area, unless granted a permit where horses or horseback riding is needed for park-sponsored or park-sanctioned recreational events or park purposes.

Camping: camp in any Allegheny Township-owned or -leased park or trail at any time, unless granted a permit by Allegheny Township.

Power-driven models: bring into or operate any type of power-driven model unless granted a permit by Allegheny Township. Power-driven models include, but shall not be limited to, motorized model airplanes, radio-controlled vehicles, etc.

Horseshoes: play horseshoes or erect horseshoe facilities in any area other than those courts provided for that purpose, unless granted a permit by Allegheny Township.

Games and gaming equipment: participate in any games or activities in any area that will unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreational enjoyment of others. No person shall erect any equipment that requires digging for installation nor shall any equipment that requires pipe standards of more than 1/2 inch in diameter be erected in any area, unless granted a permit by Allegheny Township.

§ 176-7 Personal conduct, alcoholic beverages and drugs.

No person, except those authorized by Allegheny Township or conducting official business in any Allegheny Township-owned or -leased park, trail or recreational area, shall:

Animals: bring a domesticated animal within any park without being controlled by a leash not more than six feet long and must be within designated areas only. The owner or other person bringing an animal into any Allegheny Township-owned or -leased park or trail shall be responsible for any damage caused by the animal and for the cleaning and properly disposing of any feces of such animal. No person shall bring any reptile or dangerous animal into the park.

Controlled substances, drugs and devices: possess, transport, solicit, offer for sale or use any controlled substance, drug or device in violation of Act 64, "The Controlled Substance, Drug, Device and Cosmetic Act,"[1] or any other related laws. No person shall enter any Allegheny Township-owned or -leased park or trail while under the influence of any controlled substance or drug in violation of the Controlled Substance, Drug, Device and Cosmetic Act.

[1]

Editor's Note: See 35 P.S. § 780-101 et seq.

Maintenance and storage area: enter into or attempt to enter into any and all maintenance and storage areas without permission from the Allegheny Township Superintendent of Public Works or authorized agent without adequate supervision.

Games of chance: participate in or abet any game of chance, unless the game is authorized and regulated by the applicable officials of Allegheny Township, Westmoreland County or the Commonwealth of Pennsylvania and the required permits are obtained.

Fires: build or attempt to build or start fires except in picnic areas and under supervision. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other inflammable materials, whether solid, liquid or gaseous, within any park area or on any highway, road or street abutting or contiguous thereto, nor leave any fire, grill or stove unattended when in operation in any Allegheny Township-owned or -leased park, trail or recreation area.

Closed areas: enter into or attempt to enter into any area which is locked or posted "Closed" or "Do Not Enter."

Behavior.

(1)

Assault, hinder, harass, intimidate, threaten or obstruct any person, agent or agencies in the enforcement of this chapter or while conducting official Township business.

(2)

Disturb the peace or use profane, indecent or obscene language.

(3)

Endanger the safety or health of any person by any conduct or act.

(4)

Violate any rule of this chapter.

(5)

Prevent any person from using the park or park facilities or interfere with such use in compliance with this chapter and the rules and regulations applicable to such use.

(6)

Act in an unlawful, disorderly or disruptive manner or against the best interest of the park areas or other people.

(7)

Commit any unnatural or violent act against any person, properties or facilities.

(8)

Throw, discharge or cause to be discharged any missiles or projectiles.

(9)

Congregate in or within 10 yards of any parking area, road, road berms or parked vehicles, provided that this prohibition shall not apply to pavilion areas when the pavilion is reserved, areas where congregation is authorized by permit or other specifically posted or designated areas.

(10)

Engage in any conduct which may distract vehicle drivers or which may impede or interrupt the flow of traffic.

Intoxicating beverages. No intoxicating beverages shall be consumed in, on or within 20 yards of any parking areas, roads, road berms or vehicles.

Bottles. No glass bottled beverages or glass containers are permitted. Plastic drink bottles are permitted.

Minors. No person under the age of 21 shall possess, transport or consume alcoholic beverages. No person shall provide, furnish or knowingly permit any person under the age of 21 to possess, consume or transport alcoholic beverages.

§ 176-8 Merchandising, advertising and signs.

No person except those authorized by Allegheny Township or conducting official Township business in any Allegheny Township-owned or -leased park, trail or recreation area shall:

Vending and peddling: expose or offer for sale or trade any article, thing or service nor any person or station or place any stand, cart or vehicle for the transportation, sale, trade or display of any such thing or service, except when a permit is issued for such purposes by the Township.

Advertising: announce, advertise or call public attention to any manner, any article, thing or service for sale, trade or hire except when a permit is issued for such purposes by the Township.

§ 176-9 Hours of operation; permits.

Hours. Any Allegheny Township-owned or -leased park, trail or recreation area shall be open to the public from dawn until dusk, unless different hours are designated or a permit is issued by the Township.

Applications. A person seeking issuance of a permit hereunder shall file an application with Allegheny Township.

Standard for issuance. The Township shall issue permits hereunder when it is found:

(1)

That the proposed activity of use of the park will not unreasonably interfere with or detract from the general public use and enjoyment of the park, trail or recreation area.

(2)

That the proposed activity will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

(3)

That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.

(4)

That the proposed activity will not entail unusual or burdensome expenses or police operation. The Township reserves the right to be reimbursed for Township expenses and/or police operations for any non-Township activity.

(5)

That the facilities desired have not been reserved for other use on the day and hour required in the application to the Township.

Interference with permits. The permittee and persons in permitted attendance shall not disturb or interfere unreasonably with any person participating in any activity or party occupying any area under the authority of a permit from the Township.

Effect of permit. A permittee shall be bound by all park, trail and recreation area rules and regulations and applicable ordinances fully as though the same were inserted in said permits.

Liability of permittee. The person or persons to which a permit is issued shall be liable for any 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.

Revocation. The Superintendent of Public Works, a Township Supervisor or the Allegheny Township Police Department shall have the authority to revoke a permit upon finding a violation of any rule or upon good cause shown.

Permits in use. No refunds will be issued because of failure to use a park permit or because of revocation of a permit.

Permit fees. Allegheny Township shall establish permit fees, from time to time, by resolution.

§ 176-10 Enforcement authority.

The Allegheny Township Board of Supervisors and agents designated by it, primarily the Allegheny Township Police Department, shall administer the provisions of this chapter, including the establishment and collection of fees, preparation of application forms, issuance and revocation of permits, promulgation of rules and regulations to implement the provisions of this chapter and all other decisions relative thereto. When acts or conduct of individuals or groups are determined to be in violation of the chapter or rules and regulations promulgated by the authority of the chapter; or not to be in the best interest of the recreation, park conservancy sites or other Township-owned or -leased properties; or when such acts or conduct endangers other people, private or public property; or when such acts are deemed to be disruptive to the surrounding neighborhood, the Township police, Superintendent of Public Works or his agent assigned may expel the perpetrators from the area or call the Allegheny Township police to arrest and detain such individual or individuals or issue a citation for the violation of the chapter with a District Justice.

§ 176-11 Violations and penalties.

A person violating any of the provisions of this chapter is subject to the enforcement remedies set forth in 53 P.S. § 66601(c.1)(2). An action shall be brought before a District Justice pursuant to the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as required by PA R. Crim. P. No. 83(c) (relating to trial and summary cases).

Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being convicted before the District Justice, pay a fine of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate offense. All fines and reasonable attorney fees collected for the violation of this chapter shall be paid over to Allegheny Township.

Other remedies. The Township Supervisors or, with the approval of the Township Supervisors, an officer of the Township, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate any act, conduct or use constituting a violation.