[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin 12-30-1991 by Ord. No. 28-91. Amendments
noted where applicable.]
[Amended 5-23-3006 by Ord. No. 10-2006]
Casual recreational use of the Franklin Pond Park by the general public does not require filling out a form, nor is it required for casual usage of municipal ball fields or courts located at the Franklin Pond Park. The use of the Franklin Pond Recreation Area, other than for casual use as provided for in this section, shall be regulated as provided for in Chapter 196, the “Parks and Recreation Ordinance.”
A.
Upon submission of a properly completed request form
to the office of the Municipal Clerk Administrator, the availability
of the requested premises will be determined by the Municipal Clerk
Administrator.
B.
Should the requested premises already be in use by
another group or organization on the requested date(s) and time(s),
the Clerk Administrator will deny the request and allow opportunity
to the applicant to revise its request accordingly.
C.
If the requested premises are available for use on
the date(s) and time(s) requested, the Clerk Administrator will calculate
the fee to be charged for said use, in accordance with the established
fee schedule, informing the applicant of the amount of this fee.
D.
The Clerk Administrator shall then forward the request
form to the attention of the Franklin Public Works Committee, together
with his recommendation for approval or denial of said application.
[Amended 3-8-2016 by Ord.
No. 6-2016]
[Amended 3-8-2016 by Ord.
No. 6-2016]
Upon submission of request form from the Clerk
Administrator's office, the Public Works Committee shall review the
requested use at the next available regular meeting of the Public
Works Committee and offer its endorsement or denial of the application.
A.
If the requested use involves a recreational activity,
the Clerk Administrator shall forward the request form to the Franklin
Board of Recreation Commissioners.
B.
After review, the Board of Recreation Commissioners
will forward the request form to the attention of the Public Works
Committee, together with the recommendation of the Franklin Board
of Recreation Commissioners.
[Amended 3-8-2016 by Ord.
No. 6-2016]
[Amended 5-23-2006 by Ord. No. 10-2006]
Any individuals honorably discharged from the
military service of the United States, or any groups or organizations
representing the interests of America's veterans, shall be exempt
from the payment of fees for usage of municipal buildings and grounds.
[Amended 3-8-2016 by Ord.
No. 6-2016]
Should the applicant be denied usage of the
requested premises by the Clerk Administrator and/or should the applicant
disagree with the determination of the Clerk Administrator regarding
applicability of fees to be charged for usage of the requested premises,
said applicant shall have the right to appeal the determination of
the Clerk Administrator by making presentation to the Franklin Public
Works Committee, which shall have the power to hear said appeal based
on its merits.
[Amended 3-8-2016 by Ord.
No. 6-2016]
After review, the Public Works Committee shall
forward the requested use to the attention of the Mayor and Council,
with recommendation for action.
The Clerk Administrator is hereby charged with
the responsibility of maintaining a current Docket/Register Book of
building and grounds usage for each current calendar year. Said register
shall maintain a current contact person, mailing address and phone
number of the group, organization or individual utilizing the premises
of the municipal buildings and grounds.
Any group, organization or individual wishing
to make use of municipal buildings or grounds under the conditions
stated above must provide to the Clerk Administrator a certificate
of insurance coverage for general liability in the minimum amount
of $500,000.
[Added 8-13-2002 by Ord. No. 17-2002]
A.
Removal of Borough trees and shrubs prohibited.
(1)
All trees and shrubs located on any property owned
or controlled by the Borough, including, but not limited to, trees
or shrubs located in the right-of-way of any street, park or recreation
area, are Borough property.
(2)
No Borough trees or shrubs shall be removed except
by order of the Mayor and Council unless otherwise provided for in
this section. A request for the removal of trees or shrubs may be
made to the Mayor and Council and such request shall be considered
only if:
(a)
Such tree or shrub is so diseased or so infested
so as to be a danger to other trees or shrubs in the Borough or surrounding
communities.
(b)
Such tree or shrub is dead or dying and its
presence would cause hardship or endanger the public or an adjoining
property owner.
(c)
Such a tree or shrub is a hazard to the public
safety because it obstructs the view of motor vehicle operators or
otherwise interferes with traffic or pedestrian safety. In the event
that the full removal of the tree or shrub is not required, it may
be pruned.
(d)
Such a tree or shrub, if the Mayor and Council
determines for other reasons, is necessary to be removed.
(3)
Any public utility servicing the Borough of Franklin
may have the right to remove trees or shrubs, without the prior approval
of the Mayor and Council, when an emergency exists and when obtaining
the prior approval of the Mayor and Council is not practical. An “emergency”
shall be considered where a tree or shrub has been damaged or destroyed
such that the continued presence of the damaged or destroyed tree(s)
or shrub(s) imminently threatens life or property.
B.
Permission required for certain actions.
(1)
It shall be unlawful to commit any of the following
acts with respect to Borough trees or shrubs without the prior written
consent of the Mayor and Council:
(a)
Cut, prune, break, injure, alter or remove any
tree or shrub; or cut, unduly disturb or interfere in any way with
any root of a tree or shrub.
(b)
Fasten any object, rope, wire, sign, insulator
or other device to a tree or shrub or to any guard about such a tree
or shrub in any public street or park.
(c)
Install, remove or injure any guard or device
placed to protect trees or shrubs.
(d)
Close or obstruct any open spaces provided about
the base of a tree or shrub to permit the access of air, water and
fertilizer to the roots of such tree or shrub.
(e)
Cut any tree roots within 10 feet of any trunk
or any roots four inches in diameter.
(f)
String or bury wires or lines through a public
park.
(2)
The Mayor and Council shall grant such written permission
if the activity for which such permission requested is in the public
interest and is not likely to injure any Borough tree or shrub. The
Mayor and Council will notify the Certified Public Works Manager if
written permission is granted for any of the above so that the terms
of the consent are followed.
(3)
Any person or persons who cause damage to any Borough
tree or shrub by machines, autos, etc., shall be held liable for damages
to the tree or shrub. Damages shall be corrected or repaired and the
liable person or persons billed for the damages.
(4)
No person shall operate, place or maintain, within
the dripline of any Borough tree or shrub, any machinery, equipment,
heavy object, stone, rocks, cement, earth, soil or other substance
which may harmfully affect such Borough trees or shrubs by unduly
compressing the earth or otherwise impeding or preventing the access
of water or air to the roots of such tree or shrub or excavate around
to remove earth or soil from or cause any water to flow upon the roots
of any tree or shrub. The Certified Public Works Manager may waive,
in whole or in part, such provisions, but only to the extent absolutely
necessary to alleviate undue hardship in the appropriate use and enjoyment
of property.
C.
Enforcement. Enforcement of this section shall be
by the Borough Certified Public Works Manager.
