[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 5-14-1979 by Ord. No. 320. Amendments noted where applicable.]
Parks generally — See Ch. 159.
The Boroughs of Lehighton, Weissport and Parryville, pursuant to the Borough Code Act of February 1, 1966, P.L. 2711 (53 P.S. § 47711) and the Townships of Franklin, East Penn and Mahoning, pursuant to the Act of May 1, 1933, P.L. 103. as amended (53 P.S. § 66905), hereby establish a joint commission to be known as the "Lehigh Canal Recreation Commission."
The membership of the Lehigh Canal Recreation Commission shall consist of one designated individual from the Boroughs of Lehighton, Weissport and Parryville and one designated individual from the Townships of Franklin, East Penn and Mahoning, which, together, shall serve as a six-man Commission. The respective Borough Councils and the Board of Supervisors of the respective townships shall appoint a member annually to this Commission, and said appointment shall take place in the January meeting of each municipality. The term of office shall be for one year.
The duties, rights, responsibilities and obligations of the Lehigh Canal Recreation Commission shall be as set forth in the Second Class Township Code and the Borough Code, as cited above, and the Commission shall report annually no later than the 31st day of December of each calendar year to the respective municipalities so that the respective municipalities remain fully informed of the activities of the Commission.
The Commission shall establish rules and regulations for the use of the recreation facilities known as "Lehigh Canal Park," which rules and regulations shall be consistent with the intent of the rules and regulations adopted by the respective municipalities in this chapter.
The following operating policies are established by the respective municipalities for the use in the operation and maintenance of the recreation facility by the Commission.
Hours of operation. Recreation, park and conservation areas shall be open daily to the public according to official posted or advertised hours; and it shall be unlawful for any person or persons, other than Commission personnel conducting Commission business therein, to occupy or be present in said park during any hours in which the park is not open to the public. Permits must be obtained for use after official hours for specific activities. Any section or part of the recreation, park and conservation areas may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. During such periods of time, it shall be unlawful to enter upon or occupy such areas or portions thereof contrary to posted regulations.
Group activity. No persons shall gather or assemble in groups of 25 or more persons, within the limits of the property, without having first made application to the Lehigh Canal Recreation Commission for a permit therefor. The application forms adopted by either the Director of Parks, Director of Recreation or the Lehigh Canal Recreation Commission may require an indemnity bond or other security to protect the Commission from any liability of any kind. Further, the application for such permit shall be in the name of a person who shall be responsible for seeing that all refuse left by the group shall be placed in proper containers before leaving the park. The Recreation Commission shall grant the permit if it appears that the group, association or organization meets all other conditions contained in the application. Such permit shall indicate the spot in the park where such gathering or meeting shall be held, and such gathering shall not be held at any other spot within the park. It shall be unlawful for any person to have in his or her possession, custody or control any alcoholic beverage, including beer, of any kind whatsoever, except as a member of an authorized group, association or organization granted a permit for particular activities, especially designated areas as set forth in this section. Copies of all permits shall be supplied to the Chief of Police of each municipality upon issuance.
The Lehigh Canal Recreation Commission shall have the authority to issue a fee schedule for permits, set the amount of deposits and prescribe conditions under which deposits are collected or forfeited. Such revenue shall be used for recreation, park and conservation purposes within the general fund.
Use of facilities. Facilities and areas in the recreation, park and conservation areas shall be used only for the purposes designated or implicit in their character. All fish and game laws from time to time promulgated by the Commonwealth of Pennsylvania shall be applicable in the use of these facilities.
Motor 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. Motor scooters, motorcycles, minibikes, go-carts and snowmobiles shall not be permitted on roadways designated for licensed vehicular traffic unless licensed for travel on the public roads of the Commonwealth of Pennsylvania. All vehicles shall be parked in areas or places so provided and designated. Parking in places contrary to posted regulations and times is prohibited, and such vehicles may be removed by the Commission at the owner's expense. All parking is prohibited after closing time. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within recreation, park and conservation areas, except for emergency repairs. No motorized vehicles are allowed, except emergency and authorized snowmobiles permitted on designated roadways between December and March. Here all Pennsylvania game laws apply.
Prohibited acts. No persons, except those authorized by the Lehigh Canal Recreation Commission, in conducting county business, shall, in recreation, park and conservation areas:
Injure, deface, remove, befoul or in any manner destroy or be caused to be destroyed any part of recreation, park or conservation sites owned by the Commission, any building, sign structures, equipment, utility, fixtures or other property found therein.
Remove, injure, cut or destroy any tree, flower, shrub, plant, turf or growing things or any rock or other material.
Remove any bench, seat or table or change the location thereof.
Injure, deface or destroy any notice, rule or regulation posted at any place within the park by authority of the Recreation Commission.
Kill, trap (except as hereinafter provided), hunt, pursue or in any manner deliberately disturb or cause to be disturbed any wild bird or animal within the recreation, park and conservation sites owned by the Commission. Live trapping of animals in park areas may, from time to time, be done by the Commission or its designee in order to preserve the facility.
Fires and fireworks. Fire may not be built or allowed anywhere in recreation, park or conservation areas except in stoves, fireplaces or designated areas provided for that purpose. Permits must be secured for any fireworks at any time and for fires to be maintained after closing time. Copies of any permits shall be forwarded for review before issuance.
Animals. It shall be unlawful for owners of domesticated animals to permit the same within recreation, park or conservation areas without being controlled by a leash not more than six feet long. Permits may be obtained for the training and/or exhibition of animals in designated areas. It shall be unlawful to bring any dangerous animal into any park area. Animals may be prohibited from any area by the placement of appropriate signs.
Gambling. Gambling is prohibited on recreation, park or conservation lands.
Alcohol. No person shall bring any spirituous liquor onto the recreation, park or conservation lands for his own use or for any other purpose, except by express written prior approval of the Commission.
Weapons. It shall be unlawful for any person, other than those authorized by the Commission or an officer of the law, to carry or discharge firearms, bows and arrows, pellet and BB guns, slingshots or other lethal weapons in the park area.
Merchandising, advertising and signs. No person shall, in conservation, recreation or park areas:
Offer for sale any such article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except under the authority of the Director of Parks or the Executive Director of the Lehigh Canal Recreation Commission by application and permit.
Announce, advertise or call public attention in any way to any article or service for sale or hire.
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 any park area or on any public lands or highways or roads adjacent to any recreation, park or conservation area, except that the Commission may place informational signs within such areas.
Off-road vehicles. It shall be unlawful to operate any motorized vehicle other than on designated roadways. This shall include but not be limited to automobiles, motorcycles, minibikes, mopeds, snowmobiles or any other motorized vehicle.
No person shall bathe or swim in the canal except at areas designated for that purpose. No gasoline-motorized boats shall be allowed on the canal waters.
Personal conduct. It shall be unlawful for any person in any recreation, park or conservation area to:
Disturb the peace by use of profane or obscene language.
Endanger the safety of any person by any conduct or act.
Commit any assault or battery or engage in fighting.
Carry, possess or drink any alcoholic beverage, including beer, except as otherwise permitted under this chapter.
Violate any rule for the use of the park made or approved by the Director of Parks, Director of Recreation or the Lehigh Canal Recreation Commission.
Prevent any person from using the park or any of its facilities or interfere with such use in compliance with this chapter and the rules applicable to such use.
Act in an unlawful, disorderly or disruptive manner or against the best interests of the areas or other people.
The municipalities enacting this chapter hereby, individually and collectively, authorize the law enforcement officers of their respective municipalities and the law enforcement officers of the municipalities party to this chapter to enforce this chapter, as well as any rules and regulations promulgated by the Commission, on the property of the Lehigh Canal Park within or without the municipal limits of the employing municipality with the same force and effect as the appointment of such law officer to serve within the municipality. Since the Lehigh Canal Park property is owned by six municipalities which are parties to this agreement, the purpose of this section is to authorize the law enforcement officers of each municipality to this chapter to enforce the provisions of the chapter in and along the Canal Park property without the restriction of municipal limitations. The law enforcement officers are authorized to proceed in the usual fashions of ordinance violation, and the fines collected thereon shall belong to the municipality in which the violation occurs, and each municipality shall quarterly make a grant to the Lehigh Canal Recreation Commission of those moneys received through the fines under this chapter.
Any person violating any of the provisions of this chapter and convicted of the same shall be liable to a fine of not less than $25 nor more than $300 and costs of prosecution for each and every offense, provided that each day's violation of any of the provisions of such sections shall constitute a separate offense. Where such violator has removed, destroyed, damaged, defaced or befouled the recreation, park or conservation area or the contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. Further, use of recreation, park and conservation facilities may be denied to violators of this chapter in addition to the imposition of fines.
This chapter shall become effective 20 days after the approval of the six municipalities designated in this chapter.