Township of Willistown, PA Chapter 96 Parks

[HISTORY: Adopted by the Board of Supervisors of the Township of Willistown 5-12-1997 by Ord. No. 3-1997[1]. Amendments noted where applicable.]

GENERAL REFERENCES

Park and Recreation Board — See Ch. 31.

Outdoor burning — See Ch. 69.

Subdivision and land development — See Ch. 123.

Zoning — See Ch. 139.

[1] Editor's Note: Ordinance No. 1-2006, adopted 2-27-2006, amended all of Ch. 96 to change all references from "township park" to "Township park."

§ 96-1 Use regulations; prohibitions.

[Amended 9-9-2002 by Ord. No. 2-2002; 2-27-2006 by Ord. No. 1-2006; 6-17-2013 by Ord. No. 4-2013; 11-24-2014 by Ord. No. 6-2014; 5-22-2017 by Ord. No. 3-2017]

A. No person shall be permitted in a Township park or on a Township trail except between the hours of dawn to dusk or as otherwise posted unless a permit has been issued by the Park and Recreation Board, or its designate for such permit issuance, as hereinafter provided in § 96-4.

[Amended 10-28-2019 by Ord. No. 3-2019]

B. No person shall enter or leave a Township park or trail except by entrances and/or exits provided for such purposes. Leaving the right-of-way of a trail may be considered trespassing on private property. No person shall climb on or over fences. No person shall open or enter private property through gates.

C. No person shall enter or use a toilet in a Township park set apart for the use of the opposite sex.

D. Possession, distribution or consumption of beer, ale, other alcoholic or intoxicating beverage, unless the Board of Supervisors grants permission for Township-sponsored events, is strictly prohibited. Controlled substances as are now or may be later defined by federal, state, or Township law, act or ordinance are strictly prohibited without exception in or on any and all Township parks and trails.

[Amended 10-28-2019 by Ord. No. 3-2019]

E. No gambling or gambling device is permitted in or on any Township park or trail.

F. No abusive, threatening, indecent or profane language and/or conduct that is publicly inappropriate and/or annoying to others using Township park and trail facilities shall be permitted.

G. No person or persons shall be permitted to solicit money, or promise for the same, within the confines of a Township park or trail.

H. No horses, dogs or other animals owned or possessed by people shall be permitted within the confines of Township parks or trails, except as permitted in the Okehocking Preserve, the Serpentine Preserve, on the Duffryn Trail, and on the Fox Hollow Trail. Horses shall be permitted in the Okehocking and Serpentine Preserves in designated areas shown on the Okehocking Preserve and Serpentine Preserve recreation maps, if attended and under control at all times. Properly licensed dogs shall be permitted in the Okehocking and Serpentine Preserves and on the Duffryn and Fox Hollow Trails if they are on a leash not exceeding six feet in length and if attended and under control at all times. Dogs shall be permitted in Okehocking Preserve off of leashes only in designated areas as approved by resolution of the Board of Supervisors from time to time and shown on the Okehocking Preserve recreation map, if attended and under control at all times. For the purpose of this subsection, the term "dogs" does not include guide dogs or other dogs which are assisting handicapped persons and are controlled by the use of a harness or other restraint. Owners or handlers of a dog shall be responsible for the prompt and complete removal of their excrement by immediate disposal of pet waste bags in a trash receptacle (if provided) or removal from the premises.

I. Use of vehicles and equipment.

[Amended 10-28-2019 by Ord. No. 3-2019]

(1) No person shall drive, operate or park any vehicle (motor- or self-propelled) in any portion of a Township park or trail except in spaces specifically set aside and marked for parking purposes; and no person or vehicles are allowed in the parks or trail parking areas after dark with the exception of emergency vehicles or vehicles authorized by Willistown Township through a permit issued by the Park and Recreation Board, or its designate for such permit issuance, as hereinafter provided in §96-4.

(2) Use and operation of bicycles, go-carts, remote-controlled vehicles, skateboards, roller blades, and/ or other motorized and/ or nonmotorized devices employing wheels and/or blades of any kind (metal, wooden, plastic, rubber, etc.), except for baby strollers and wheelchairs or medical/mobility assistance devices, is strictly prohibited on Township park basketball courts, tennis courts, volleyball courts, picnic areas, ball fields or any other portion of any Township park or trail without express approval of the Board of Supervisors.

(3) No person shall utilize Township parks, trails, or open space to launch or land unmanned or manned aircraft, including but not limited to drones, model aircraft, amateur rockets, unmanned aircraft systems, hang gliders, ultralight planes, remote-controlled planes, hot-air balloons, or other flying objects of a similar nature.[1]

[1] Editor's Note: See Ch. 128 regarding use and operation of model aircraft, amateur rockets, unmanned aircraft systems and flying objects of a similar nature in Willistown Township.

J. No person, other than Township active duty police officers employed in the execution of their duties, shall discharge a firearm in a Township park or trail. Wildlife management practices in Township parks are permitted only with written approval of the Board of Supervisors and Willistown Township Police Department notification.

K. Littering is prohibited, and all refuse shall be placed in trash receptacles (if provided) or removed by the person(s) generating the refuse. Grass clippings, brush and other debris from private property may not be discarded or otherwise placed anywhere on Township park or trail property, including trash receptacles.

L. Vandalism to park and trail property and facilities, including defacing or damaging park or trail property (permanent or temporary), disturbing wildlife and disturbing/destroying/removing vegetation, is prohibited. No person shall climb a tree nor shall any person foul and/or otherwise contaminate any body of water in any Township park or on any Township trail at any time. No person shall remove equipment from the parks or trails or move such equipment from its designated location.

M. No person shall injure, deface or destroy any public signs, ordinances or other official Township notices posted in a Township park or on a Township trail.

N. No advertisement, placard or notice, except official authorized notices, shall be posted and/or distributed in a Township park or on a Township trail.

O. Picnicking or loitering on trails adjacent to residential areas is prohibited.

P. No person shall light or permit a fire to burn in a Township park or on a Township trail except in a permanent fireplace provided for such purposes. Portable grills are permitted in designated areas only with written permission from the Township. Ceremonial fires are permitted only with written consent of the Township and must be constantly attended. Responsibility for such fires shall be solely that of the person or persons starting and/or using the fire. Township-supervised burning is permitted for natural resource management.

Q. The playing of golf, or the hitting of golf balls, is strictly prohibited at all times in any Township park or on any Township trail.

R. Smoking, vaping, or any other similar activity is not permitted in any Township park or on any Township trail. Remediation of any damage caused by smoking, vaping, or any other similar activity in the parks or on the trails will be at the expense of the person responsible. In addition to other fines and penalties, the Township may collect the cost of repair of any damage caused by smoking, vaping, or any other similar activity together with the penalty, against the person causing the damage.

[Amended 10-28-2019 by Ord. No. 3-2019]

S. Swimming or wading in any body of water is strictly prohibited in any Township park.

T. Sound amplification equipment is permitted only with written permission from the Township.

U. Use of a Township park or trail for any of the following purposes is prohibited, unless a permit is first obtained from the Township Park and Recreation Board, or its designate for such permit issuance, as hereinafter provided:

(1) Sales of merchandise of any kind.

(2) Use of fireworks or other explosives.

(3) Musical, theatrical or other entertainment.

(4) Overnight camping.

(5) Parties, meetings and/or gatherings comprised of 25 or more persons.

(6) Conducting fee-based programming.

(7) Field use for organized sports.

V. Person(s) undertaking activities permitted with written permission from the Township must have a copy of the written permission on them at all times while undertaking approved activities.

§ 96-2 Enforcement.

[Amended 5-22-2017 by Ord. No. 3-2017]

The Police Department shall enforce the regulations herein set forth and shall exercise general supervision over persons and property in any Township parks or trails.

§ 96-3 (Reserved) [1]

[1] Editor's Note: Former § 96-3, Powers and duties of Park and Recreation Board, as amended, was repealed 6-17-2013 by Ord. No. 4-2013.

§ 96-4 Permits.

[Amended 2-27-2006 by Ord. No. 1-2006; 5-22-2017 by Ord. No. 3-2017]

Permits for use of Township parks and fields shall be issued in behalf of the Township by the Township's Park and Recreation Board and/or designated Township park and recreation staff. The permit holder must have a copy of the permit approval on hand during permitted activities. The Township, upon recommendation from its Park and Recreation Board, may enact a fee schedule for such permits. All moneys received from these fees will be entered into the Township's Park and Recreation Fund and be designated for Township park maintenance and improvements, appropriate Township-sponsored recreation programs held within the confines of its parks and trails or at other sites and facilities approved by the Township.

§ 96-5 Violations and penalties.

[Amended 2-27-2006 by Ord. No. 1-2006; 6-16-2014 by Ord. No. 2-2014]

A. Pursuant to Section 1601(c.1)(2) of the Second Class Township Code, any person who violates this chapter, and/or any regulation established herein, shall, by action brought before a District Magistrate Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, upon judgment of conviction thereof, be sentenced to pay a fine not exceeding $1,000 per violation, together with the costs of prosecution; and further subject to imprisonment to the extent allowed by law for the punishment of summary offenses. Each day a violation continues shall constitute a separate offense.

B. Parents and/or legal guardians of person(s) less than 18 years of age will be held liable for any/all fines assessed and/or damages incurred by those persons to Township park properties.

C. Further, the appropriate officers or agents of the Township are hereby authorized to seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.

§ 96-6 Existing rights and remedies preserved; severability.

It is hereby declared to be the purpose of this chapter to provide additional and cumulative remedies to regulate the public use, enjoyment, health, welfare and safety of Township parks and recreation areas, and nothing contained in this chapter shall in any way abridge or alter rights of action or remedies now or hereafter existing in equity, or under common law or statutory law, civil or criminal. All other sections, parts and provisions of said Code of Ordinances of the Township of Willistown shall remain unchanged.