Borough of Edgeworth, PA Chapter 87 Parks

[HISTORY: Adopted by the Borough Council of the Borough of Edgeworth as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Curfew — See Ch. 53.

Firearms — See Ch. 63.

Garbage, rubbish and refuse — See Ch. 69.

Peace and good order — See Ch. 91.

Article I Way Park and Morrow-Pontefract Park

[Adopted 6-8-1970 by Ord. No. 359]

§ 87-1 Rules and regulations.

[Amended 5-12-1980 by Ord. No. 388; 9-8-1980 by Ord. No. 390]

The following rules and regulations are applicable to Way Park and Morrow-Pontefract Park (herein "the parks"), situate in the Borough of Edgeworth:

A. No one may use Way Park between the hours of 6:00 p.m. and 6:00 a.m.; provided, however, that the Borough Manager may issue a special written permit to a person or group of persons authorizing such person or group to use Way Park during these hours in the following circumstances:

[Amended 9-12-1981 by Ord. No. 395]

(1) The Borough Manager determines that the special use will not violate the purposes for which the park was originally established;

(2) The Borough Manager determines that the special use will not disturb the tranquility of the neighborhood around the park;

(3) A resident of the Borough applies, on behalf of himself or another person or group, for the permit and, in doing so, agrees to indemnify and hold harmless the Borough for any damages to the park or any third party arising out of the special use of the park; and

(4) The Borough Manager establishes a time beyond which even the special use of the park must cease.

B. No one may use Morrow-Pontefract Park between the hours of 6:00 p.m. and 6:00 a.m., other than a group obtaining a permit in accordance with the procedure established under the following Subsection E.

C. Trees, shrubs, hedges, plants or flowers in the parks shall not be cut, transplanted, picked or otherwise damaged.

D. Way Park may not be used for athletic or playground purposes.

E. No group may use Morrow-Pontefract Park for athletic or playground purposes without first obtaining a written permit from the Borough Manager or the Manager's delegate. As used herein, "group" shall be defined as any informal or formal association of three or more persons. The Borough Manager shall issue such a permit to a sponsor of such a group upon an oral or written request from the sponsor. This sponsor must be a resident of the Borough over the age of 18 years, although the sponsor need not be present in Morrow-Pontefract Park during the group's use thereof. The sponsor shall be responsible to the Borough for any damage to Morrow-Pontefract Park resulting from the sponsored group's use thereof. A permit granted hereunder to such a group may allow the group to use Morrow-Pontefract Park after 6:00 p.m., but in no event may the permit allow such use after 9:00 p.m. Any such extension of the curfew for Morrow-Pontefract Park shall be set forth expressly in the permit and shall be established in the sole discretion of the Borough Manager or the Manager's delegate.

F. No Borough property in the parks shall be marked, defaced, moved, removed or otherwise damaged.

G. No alcoholic beverages or drugs, the possession of which is illegal under Pennsylvania or federal law, shall be brought into the parks or possessed or consumed therein.

H. No lotteries, card games, gambling or other games of chance shall be permitted in the parks.

I. No tickets, articles, commodities or services shall be sold, rented or offered for sale or rent in the parks.

J. No motor vehicles, including but not limited to motorcycles, shall be permitted in the parks. The word "motor vehicle," as used herein, shall include any motor vehicle defined as such in the Pennsylvania Motor Vehicle Code.[1]

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

K. No handbills, cards, pamphlets or advertisements of any nature whatsoever shall be displayed or distributed in the parks; provided, however, that the Borough Manager may permit the erection of such signs in Way Park of a temporary nature as he/she may deem to be advisable. Notwithstanding the foregoing provision, this subsection shall not be construed as authorizing the erection of signs in Morrow-Pontefract Park or as authorizing the Borough Manager to permit the erection of signs in Way Park in a manner that will materially alter the orderly and ornamental condition thereof.

[Amended 9-20-1983 by Ord. No. 404]

§ 87-2 Applicability of other provisions.

The provisions of Chapter 69, Garbage, Rubbish and Refuse, and Chapter 91, Peace and Good Order, Article IV, Disorderly Conduct, and Article V, Loitering, are hereby specifically made applicable to the parks.

§ 87-3 Violations and penalties.

Any person or persons violating any of the provisions of this article shall, upon conviction thereof, for the first violation, be sentenced to pay a fine of not more than $100 and costs of prosecution, and for each and every violation thereafter, be sentenced to pay a fine of not more than $200 and costs of prosecution. In default of payment of any such fine and costs, any such person shall be sentenced to imprisonment in the Borough lockup for a period of not exceeding 10 days or to imprisonment in the county jail or workhouse for a period not exceeding 30 days. Each violation of the provisions of this article shall constitute a separate offense.