Township of Lower Allen, PA Chapter 151 Parks and Playgrounds

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 3-8-1993 by Ord. No. 93-2 (Art. 959 of the 1985 Code of Ordinances). Amendments noted where applicable.]

§ 151-1 Definitions.

For the purpose of this chapter, the following words or phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:

BOARD or BOARD OF COMMISSIONERS

The Board of Commissioners of Lower Allen Township.

DOG PARK

Any facility designated as such by the Board of Commissioners in which dogs are permitted off leash.

[Added 3-22-2004 by Ord. No. 2004-02]

MEMORIAL

Any marker made of stone, concrete, wood, metal, plastic, composite, or any other material installed by any member of the general public containing written, engraved, or adhered lettered information regarding any person to whom such memorial is being dedicated, including, but not limited to, name, date of birth, date of death, quotations or inspirational messages.

[Added 7-9-2018 by Ord. No. 2018-04]

PARK or PARKS

Includes any land or water, whether owned or leased by the Township, which is designated by the Board to be for recreational use and under the control of the Board or which may properly come under the control of the Board, including entrances and exits thereto, as well as all improvements located thereon any area designated by the Board of Commissioners as a public park and/or recreational facility.

[Amended 3-22-2004 by Ord. No. 2004-02]

PERSON

Any individual, partnership, company, association, trust, corporation or any other group or entity.

PLAYGROUND

See "park" definition.

[Amended 3-22-2004 by Ord. No. 2004-02]

RECREATION CENTER

The two-story building situate on the Lower Allen Community Park.

SIGN

Any sign constructed by Township forces or contracted for by Township officials that identifies the name of a park, field, building, or any other facility of the Township, even if that name was dedicated in honor of any living or deceased individual.

[Added 7-9-2018 by Ord. No. 2018-04]

TOWNSHIP

Lower Allen Township, Cumberland County, Pennsylvania.

§ 151-2 Township residents have priority of use.

The facilities of the parks, playgrounds and recreation center are primarily for use of the residents of Lower Allen Township in carrying out the recreational and educational programs for all residents of the Township. Residents of Lower Allen Township shall have priority in the use of any of the facilities. When possible, the Board of Commissioners may permit nonresidents of Lower Allen Township to make proper use of these facilities. All persons who use the parks, playgrounds and recreation center shall be subject to the rules and regulations as set forth in this chapter and any supplements and amendments thereto.

§ 151-3 Authority to prescribe rules, regulations and charge.

[Amended 11-10-1997 by Ord. No. 97-16]

The Board of Commissioners may prescribe rules and regulations for the use of the parks, playgrounds and recreation center, including but not limited to procedures for the filing and approval of applications and use of the facilities or structures within the parks, playgrounds and recreation centers. The Board may prescribe, by resolution, charges for the use of said facilities. The Recreation and Parks Board shall make recommendations with respect to such rules and regulations.

§ 151-4 General rules and regulations.

A. Hours of operation. Except as hereinafter set forth, parks and playgrounds shall be open daily from dawn until dusk. The barn and campground at Lower Allen Community Park shall be open for activity and events as determined by the Township Manager or his designee. Park areas that have coin-operated or timed lighting shall be opened from dawn until 11:00 p.m.

[Amended 7-11-1994 by Ord. No. 94-3; 5-9-2016 by Ord. No. 2016-02]

B. Group activity. Whenever any group, association or organization desires to use a park, playground or recreation center a representative thereof shall first obtain authorization from the Township Manager or his designee. Authorization shall be granted to such a group if it appears that its use will not interfere with the general use of said facilities by individual members of the public. Fundraising events shall be permitted only when moneys derived from such events are solely used to benefit the community.

C. Use of facilities. Facilities shall be used only for the purpose designated or implicit in their character. Swimming or wading in streams or bodies of water, if not posted, is at the user's own risk. No responsibility whatsoever other than that imposed by law is assumed by the Township with respect to any activity or use of facilities. Special activities, games and picnics shall be permitted only at locations or trails specifically designated by the Township Manager or his designee for such use and at times established.

D. Use of vehicles. Licensed motor vehicles shall be permitted only on designated roadways. The speed limit for such vehicles on such roadways shall be 15 miles per hour. Motorscooters, motorcycles, minibikes, go-carts, golf carts, and snowmobiles shall not be permitted on roadways designated for licensed motor vehicles, unless licensed for travel on the public roads of the Commonwealth of Pennsylvania. No motor vehicles shall be driven off the roadways/driveways of the Township parks or playgrounds without the Township Manager's permission, except for maintenance vehicles. All vehicles shall be parked in areas or places so provided and designated. Parking in areas or places contrary to posted regulations and times is prohibited, and such vehicles may be removed by the Township at the owner's expense. All parking is prohibited after regular closing time, except when authorized, in writing, by the Township Manager or his designee. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within recreation parks and conservation areas, except for emergency repairs.

[Amended 7-8-2002 by Ord. No. 2002-07]

E. Dog park rules. Users of the dog park must complete registration as adopted by the Board of Commissioners prior to using the dog park. By registering with the Board of Commissioners, users agree to follow all rules in the dog park established by the Board of Commissioners.

[Added 3-22-2004 by Ord. No. 2004-02]

F. Parking. Parking lots and parking spaces within the park boundaries are reserved for use by park patrons. Persons parking within park property but not using park facilities will be subject to a fine of $10 as described in §§ 209-8 and 209-9 of this Code. If a proceeding is instituted before a Magisterial District Judge as described in § 209-8B, the fine shall not be less than $50, and costs of prosecution.

[Added 7-9-2007 by Ord. No. 2007-09; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 151-5 Recreation center rules.

No person shall do any of the following acts within the recreation center:

A. Use the recreation center without prior approval of the Township Manager or his designee.

B. Use any room or corridor not assigned to his or her use.

C. Use decoration not approved in advance by the Township Manager or his designee or not remove such decorations immediately after the event.

D. Smoke within the building, except in areas where posting specifically permits smoking.

§ 151-6 Prohibited acts.

No person shall do any of the following acts within any park, playground or recreation center:

A. Consume, carry or possess in any cup, can or any other open or unsealed container any alcoholic beverages except as set forth in § 151-8. Alcoholic beverage shall include any beverage containing more than 1% of alcohol by weight.

B. Commit any obscene or indecent act.

C. Take part in or abet the playing of games involving thrown or otherwise propelled objects, except in areas set aside for such form of recreation.

D. Use threatening, abusive, insulting, profane or obscene language or words.

E. Solicit money, subscriptions or contributions for any purpose.

F. Endanger the safety of other persons by any conduct or act.

G. Injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park, playground or recreation center site at LACP or any building, sign, structure, equipment, utility or other property found therein.

H. Camp or sleep on the ground or elsewhere, except in such places and at such times which may be designated and approved by the Board of Commissioners, Township Manager or his designee.

I. Remove, injure or destroy any tree, flower, shrub, plant or growing thing or any rock or other mineral.

J. Kill, trap, hunt, pursue or in any manner deliberately disturb any wild bird or animal within any park, playground or recreation center sites at LACP.

K. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, storm sewer or drain flowing into such water, 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.

L. Take into or dump, deposit or leave any broken glass, ashes, paper, boxes, cans, dirt, rubbish or other trash in any park, playground or recreation center. No such dirt, refuse or trash shall be placed in any waters, in or contiguous to any park, playground or recreation center, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided, and where receptacles are not so provided, all rubbish or waste shall be carried away from the park, playground or recreation center by the person responsible for its presence and properly disposed of elsewhere. The Township Manager or his designee may authorize and control deposit of refuse at the Lower Allen Community Park during cleanup week.

M. Build or attempt to build a fire within the area of any park or playground except in an apparatus used for cooking such as stoves, grills and barbecue pits. No person shall drop, throw or otherwise scatter hot coals, lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within the area of any park or playground or on any highway, road or street abutting or contiguous thereto.

N. Set off fireworks.

O. Post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement or any inscription whatever upon any structure, tree, stone, fence, thing or enclosure within a park or playground or on any public lands or highways or roads adjacent to the park or playground, except that the Township Manager or his designee may place informational signs within such areas.

P. Permit a domesticated animal within a park or playground not in a designated area or without being controlled by a leash not more than six feet long, except in dog parks. Authorization may be obtained for the training and/or exhibition of animals in designated areas. It shall be unlawful to bring any dangerous animal into a park or playground.

[Amended 3-22-2004 by Ord. No. 2004-02]

(1) It shall be unlawful for any person to have at any Township park or playground any animal that creates a public nuisance. No owner shall fail to exercise proper care and control of an animal to prevent them from becoming a public nuisance. "Public nuisance" shall mean any animal which:

(a) Molests passersby or passing vehicles.

(b) Attacks other animals.

(c) Is at large.

(d) Damages public property.

(e) Barks, whines or howls in an excessive, continuous or untimely fashion.

(2) The Township Manager or his designee shall have full and complete authority to pick up, catch or procure any animal roaming at large, creating a nuisance or violating any of the animal laws of the Township.

(3) The owner of every animal shall be responsible for the removal of any excrement on Township park or playground property.

Q. Gambling, except that games of chance for nonprofit organization fund raisers may be played upon issuance of a permit as set forth in § 151-7.

R. Offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing without first obtaining a permit from the Township Manager, or announce, advertise or call the public attention in any way to any article or service for sale or hire. Permit fees shall be set from time to time by resolution of the Board of Commissioners.

[Amended 7-9-2018 by Ord. No. 2018-04]

S. Fail to observe the rules established by the Board or Township Manager with respect to the area in question.

T. Interfere with any Township official or employee in the performance of his or her duties or refuse to obey the directions and commands of any Township official or employee in the performance of his or her duties.

U. Make any threats of violence to or against any other person.

V. Be noisy and disorderly; the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumerations shall not be deemed to be exclusive, namely:

(1) Blowing horns.

(2) Playing of radio, phonographs, musical instruments or use of loudspeakers so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.

(3) Exhaust discharge.

W. Do any noisy or riotous conduct to the disturbance of the public peace and tranquillity.

X. Drive recklessly.

Y. Use roller skates and roller blades at Lower Allen Community Park.

[Added 7-11-1994 by Ord. No. 94-3]

Z. Use of motorized vehicles shall be prohibited on Township trails and facilities other than designated roadways. This prohibition shall not apply to disability access vehicles and authorized construction or maintenance vehicles.

[Added 12-22-2014 by Ord. No. 2014-09]

AA. Swimming or wading in streams or bodies of water is prohibited at posted areas in Township parks.

[Added 5-9-2016 by Ord. No. 2016-02]

§ 151-7 Acts requiring prior consent and written permit.

No person shall commit any of the following acts within any park, playground or recreation center without having previously obtained the consent and approval of the Board of Commissioners, the Township Manager or his designee evidenced by a written permit:

A. [1]Carry any ax, saw, pick, shovel or spade.

[1] Editor's Note: Former Subsection A, listing carrying, possessing or discharging of any type of firearms, air rifles, air pistols, slingshot, firework, bow and arrow or explosive, was repealed 12-22-2014 by Ord. No. 2014-09. This ordinance also redesignated former Subsections B through K as Subsections A through J, respectively.

B. Play baseball, tennis or any other sport, game or competition at a place not designated for that purpose or engage in or play a game, sport or contest of a nature different from the one for which the designated area was created, except in such areas as are set aside for diversified games.

C. Moor or store any boat within or on Township property, including but not limited to parks, except for designated rescue boats.

[Amended 3-22-2004 by Ord. No. 2004-02]

D. Post or display any sign, banner or advertisement of a political or commercial nature.

E. Conduct, operate, present or manage a parade, drill, maneuver, public meeting, ceremony, speech, address, public contest, exhibit, dramatic performance, play, motion picture, fair, circus or show of any kind or nature or band, choir, glee club or orchestra.

F. Hold or participate in an organized picnic or outing consisting of more than 25 persons.

G. Obstruct any way, roadway or path.

H. Hold games of chance for nonprofit organization fundraising.

I. Violate any term or condition of the written permit.

J. Enter a designated dog park and permit a dog to run unleashed without completing a Township dog registration form and paying any registration fee established by resolution of the Board of Commissioners.

[Added 3-22-2004 by Ord. No. 2004-02]

K. Operate a concession stand selling any food, drink, apparel, or any other merchandise.

[Added 7-9-2018 by Ord. No. 2018-04]

L. Install any memorial within a Township park or playground. Signs approved by the Township shall be exempt. Fence posts, stone pavers, or any other park facility appurtenance sold by the Township to raise money for that or any other park facility and installed by Township forces or contracted for by Township officials shall be exempt.

[Added 7-9-2018 by Ord. No. 2018-04]

§ 151-8 Alcoholic beverages.

[Amended 1-4-2016 by Ord. No. 2016-01]

The Board of Commissioners, Township Manager, or his designee may permit consumption of alcoholic beverages within the park, playground or recreation center by issuance of a written permit. Any person or group of persons desiring to consume alcoholic beverages within any park, playground or recreation center shall make written application to the Board of Commissioners not less than 15 days before such use, upon such form as the Board of Commissioners may prescribe. The Chief of Police or equivalent official shall investigate the application and make recommendations with respect thereto. Each application shall be accompanied with a security deposit in an amount determined from time to time by resolution of the Board, to be applied on account of any damage to property of the Township or returned if there is no such damage. Each applicant shall also provide at no expense to the Township one security guard, or any greater number of security guards as the Township Manager or his designee may determine.

§ 151-9 Effect of violation.

A. Any person violating any provision of this chapter may be expelled from the park, playground or recreation center by the Township Police or other Township official in charge thereof.

B. Any person violating § 151-6G and I shall be responsible for the costs or expenses of repair or replacement incurred by the Township.

§ 151-10 Violations and penalties.

[Amended 11-10-1997 by Ord. No. 97-16; 7-9-2007 by Ord. No. 2007-09; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Cumberland County.