Township of Muhlenberg, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 5-15-1995 by Ord. No. 300.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 47.
Open burning — See Ch. 57.
Peace and good order — See Ch. 96.
Vehicles and traffic — See Ch. 145.
[1]
Editor's Note: This ordinance also repealed former Ch. 93, Parks and Recreation, adopted 4-16-1973 by Ord. No. 115, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Parks and Recreation Board established by the Board of Commissioners of Muhlenberg Township, Berks County, Pennsylvania.
DIRECTOR
The Director of Parks and Recreation employed by the Board of Commissioners of Muhlenberg Township, Berks County, Pennsylvania.
PARK or PARKS
Unless specifically limited, includes all parks, playgrounds, recreation and open space areas, all other land, property, structures or facilities, including adjacent water areas, under jurisdiction of the Board.
PERSON or PERSONS
Aany natural person, corporation, organization of persons, company, association or partnership.
A. 
Parks shall be open daily to all persons during the hours of 7:00 a.m. until 10:00 p.m. prevailing time except as otherwise posted by the Director.
B. 
Parks or any portion thereof may be closed to all persons at any time by the Director. Closing may be for any period of time.
C. 
No person other than authorized Township personnel performing their official duty shall:
(1) 
Enter or occupy a park not open to all persons except when expressly authorized by the Director.
(2) 
Enter or occupy park areas posted as "closed," "no trespassing" or "limited to authorized personnel only."
Parks shall be used only for the purposes designated or implicit in their character. Special activities, including but not limited to skating, flying model airplanes, games, picnicking, operation of all-terrain and similar vehicles, etc., shall be permitted only at locations specifically established and posted for such use by the Director.
[Amended 3-21-2016 by Ord. No. 557]
All permits deemed necessary by the Board to properly regulate parks shall be granted by the Director upon the following conditions:
A. 
A complete application is submitted on forms provided by the Board at the Customer Service Office or another designated location by someone over the age of 25.
B. 
The use requested is in compliance and not in conflict with the terms and purposes of this chapter and all other rules and regulations adopted by the Board and Director.
C. 
Applications are accompanied by any fee required.
D. 
The permit holder shall be responsible for the actions and conduct of other persons participating in the permitted event.
E. 
All permits shall be granted for a period not to exceed the time or the duration of the anticipated use and activity. If the anticipated use or activity exceeds the permitted time or duration, additional fees may be charged to the permitee.
F. 
The Parks and Recreation Department shall have the authority to fix and establish a fee schedule for permits, accept the amounts of the deposits and prescribe conditions under which deposits are collected or forfeited.
[Amended 3-21-2016 by Ord. No. 557]
A. 
Approval of sale or distribution of alcohol.
(1) 
The Director may approve the sale or distribution of alcoholic beverages by or to those persons at the age permitted by the Commonwealth of Pennsylvania for consumption of alcohol. The aforementioned may be permitted, provided that the applicant provides:
(a) 
Proof of insurance in an amount acceptable to the Township as an additional insured on such insurance or agrees to indemnify and hold harmless the Township and its representatives in respect to the event (which requirement may be waived by the Director for small family and similar gatherings);
(b) 
Copies of any permits, licenses, and outside agency approvals necessary for the sale or distribution of alcohol; and
(c) 
Emergency contact information for the applicant and/or operator of the event.
(2) 
No alcoholic beverages shall be served to persons under the age of 21 years.
B. 
The applicant will demonstrate to the Township's satisfaction that appropriate mechanisms will be put into place to ensure orderly conduct, safety of guests and compliance with all of the foregoing.
C. 
No person in any park shall:
(1) 
Bring, possess or consume any alcoholic beverage unless a special permit has been issued by the Director.
(2) 
Be in an intoxicated state.
(3) 
Sell, distribute, possess or be under the influence of any illegal drug while in or on any part of the park system.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A. 
Operate a motor vehicle at a speed in excess of the maximum posted limit or, where no speed limit is posted, in excess of 15 miles per hour.
B. 
Operate a motor vehicle on a road, lane, trail or area which is posted as closed to vehicles or not intended to be open for public vehicular traffic, such as a paved trail or other area that is not a public roadway or parking lot.
C. 
Operate a motor vehicle off roads or outside parking areas except on specially designated or posted trails and areas.
D. 
Operate any unlicensed motor vehicle, recreational or otherwise, except on designated roads, lanes, trails or areas set aside by the Director for their use.
E. 
Clean, wash, repair or do any work on any motor vehicle except for emergency repair.
F. 
Operate a motor vehicle being used for business or commerce without specific written approval from the Director.
[Amended 3-21-2016 by Ord. No. 557]
A. 
No person in any park shall park a motor vehicle, trailer or other equipment at any place except in designated or posted parking areas; which obstructs an entrance, road, trail, path, access or exit; or after the daily closing time without written approval of the Director.
B. 
Persons owning vehicles parked in violation of this chapter are subject to penalties herein or, if applicable, in other ordinances of the Township, and the vehicles may be removed at the owner's expense, including storage costs upon authorization by the Director or a Township police officer.
No person in any park shall:
A. 
Build, kindle, maintain or allow a fire except in stoves, grills, fireplaces or designated facilities provided for that purpose.
B. 
Leave any fire unattended or not fully extinguished before being abandoned.
[Amended 3-21-2016 by Ord. No. 557]
A. 
No person in any park shall:
(1) 
Bring or allow any dog, cat, other pet or horse access to any park except where specifically posted for this purpose. Dogs permitted in posted areas must be secured on a leash no more than six feet in length.
(2) 
Bring or allow any dog to run at large in any park except in parks designed for such purpose, such as the off-leash dog park, or leave any pet unattended.
(3) 
Train or exhibit animals without approval by a special permit issued by the Director.
B. 
Owners of any pet or animal whether legally or illegally in any park are responsible for the immediate removal and proper disposal of fecal matter deposited by the animal.
C. 
Guide dogs or other dogs which are assisting handicapped persons and which are controlled by the use of a harness or other restraint are exempt from this section.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall hunt, trap, pursue, capture, kill, intentionally disturb or attempt to do, aid or assist in any of the foregoing, in any manner, any wildlife of any description, either game or otherwise, except as may be permitted by licensed trappers or hunters within specially designated areas upon written approval by the Director. This permit will be granted only when the Board determines good administration of the park requires trapping and/or hunting. This section is not intended to prohibit the activity of legal, licensed fishing.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A. 
Discharge a shotgun, rifle, pistol, air rifle, slingshot, air gun, archery equipment, firearm or any other weapon or device that discharges projectiles either by air, explosive substance or any other force, except for self-defense purposes or in the defense of another.
B. 
Possess any knife, hatchet or ax unless engaged in an appropriate activity.
No person in any park shall:
A. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, creek, stream, river or other body of water located in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which may result in the pollution of such waters.
B. 
Litter, dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, garbage, refuse, trash or other waste material anywhere within the park except in proper receptacles designated for such purpose where these are provided. Where receptacles are not provided, all such materials shall be carried away from the park by the person responsible for its presence and disposed of properly elsewhere.
C. 
Dispose of any material which was not accumulated during use of a park.
No person in any park shall:
A. 
Offer, sell, distribute, deliver, service or rent any equipment, material or commodity or otherwise engage in commercial activity without written permission of the Director.
B. 
Announce, advertise, post, display, distribute printed materials or otherwise call the public's attention in any way in any park or roads adjacent to any park without written permission of the Director.
No person in any park shall gamble or conduct games of chance except with the required state permit and with written permission of the Director.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A. 
Build or erect a structure or memorial or engage in construction or excavation activity without written permission of the Board.
B. 
Mark, cut, remove, damage, destroy or deface any tree, flower, shrub, turf, plant, rock or other natural object without written permission of the Director.
C. 
Mark, deface, move, remove or damage a Township structure, facility, equipment, property, fixtures or appurtenances thereof.
D. 
Conduct or participate in an exhibition, competition, demonstration or organized event without written permission of the Director.
E. 
Possess or use firecrackers or other pyrotechnical materials without written permission of the Director.
F. 
Use any type of chain saw without written permission of the Director.
G. 
Use a noise-producing or -amplifying device or otherwise make noise in a manner that peace and order are disturbed or public inconvenience or annoyance is caused.
H. 
Endanger the safety of another person by any conduct or act.
I. 
Commit any assault or battery or engage in fighting.
J. 
Use threatening, abusive, insulting, profane, obscene or blasphemous language or words.
K. 
Commit any disorderly, immoral or illegal act.
L. 
Disobey a proper order of a police officer or employee or agent of the Township charged with upholding this chapter.
M. 
Disobey, disregard or fail to comply with any rule or regulation, warning, prohibition, instruction or direction given by an authorized person, posted or displayed.
N. 
Depart or land a private or commercial airplane, helicopter or hot air balloon on any park without express permission from the Director.
O. 
Operate a model airplane, model rocket or drone in any park without express permission from the Director.
P. 
The act of metal detecting, and subsequently the excavation of supposed material under the surface of the ground, is strictly prohibited on any established sports field or on any premier stand of turf within the Parks Department. In any other area disturbed in the act of metal detecting, the person so doing shall restore any disturbed area to its prior condition.
The Board and Director are authorized to establish, collect and waive fees, prepare application forms, issue and revoke permits and establish additional rules and regulations as deemed necessary to govern parks.
The Director is authorized to designate any person to act on behalf of the Director to implement and administer this chapter.
Nothing in this chapter shall prohibit or hinder police officers or other emergency personnel from performing their official duties.
[Amended 3-21-2016 by Ord. No. 557]
Police officers of the Township of Muhlenberg and the Director or his designee are charged with enforcement of this chapter and of all other rules and regulations established by the Board or the Director.
[Amended 3-21-2016 by Ord. No. 557]
A. 
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine of not less than $100 nor more than $600 and costs of prosecution or by imprisonment in the Berks County Prison for not more than 90 days, or by both fine and imprisonment. In the event of the imposition of a fine only, default in payment of such fine and costs of prosecution shall subject the violator to imprisonment in the Berks County Prison for not more than 90 days.
B. 
Where such violator has removed, destroyed, damaged, defaced or befouled the park or the contents thereof, the cost of maintenance, repair or replacement shall be charged to such person in addition to any fine.
C. 
Further use of recreation and park facilities may be denied to violators of this chapter. This action may be imposed separately by the Board or Director or in addition to the imposition of fines and/or costs.
D. 
The term "person violating" as set forth in this section shall mean, in the case of action or activity by any minor (herein defined as an unmarried person under the age of 18 years), in addition to such person, the parent, parents or guardian or any other person having lawful custody and control of such minor shall be considered separately and individually in violation of this chapter.
E. 
It shall be the duty of the police officers of the Township, without warrant, forthwith to arrest any offender against the provisions of this chapter and to take the person so arrested before a Magisterial District Judge having competent jurisdiction.