Township of Lower Pottsgrove, PA Parks and Recreation

MOTOR VEHICLEAny device which is self-propelled and used for carrying one or more occupants, passengers or goods. For the purpose of this article, trailers and semitrailers that are used in conjunction with a motor vehicle shall also be included in this definition.

RECREATIONAL VEHICLE OR DEVICE, MOTORIZEDAny self-propelled vehicle used primarily for recreational purposes, including, but not limited to, go-carts, minibikes, motorcycles, snowmobiles or all-terrain vehicles (ATVs).

RECREATIONAL VEHICLE OR DEVICE, NONMOTORIZEDAny device used primarily for recreational purposes that may employ wheels and/or blades of any kind (metal, wooden, plastic, rubber, etc.), including but not limited to bicycles, skateboards, roller blades, roller skates.

§ 160-2 General supervision; adoption of rules and regulations.

All Township parks shall be operated and maintained under the general supervision of the Board of Commissioners and the Parks and Recreation Board. The Parks and Recreation Board shall have the power to recommend to the Board of Commissioners rules and regulations governing the use of parks within the Township, provided such rules and regulations are not contrary to any statute or ordinance. It shall be the duty of the Parks and Recreation Board, assisted by the Lower Pottsgrove Police Department, to enforce the provisions of this article and all rules and regulations adopted hereunder.

§ 160-3 Rules and regulations.

The following rules and regulations are set forth for the use of the parks in the Township of Lower Pottsgrove:

Hours of operation; park entrances.

No person or persons shall be allowed in Township parks except between the hours of sunrise and sunset. Special permits may be issued for activities/events occurring between sunset and sunrise as per § 160-3D.

Persons shall enter and leave the park by the entrances and exits provided for that purpose.

Activities involving vehicles in Township parks.

No motor vehicle shall be operated or parked in any area of a Township park except in access driveways and designated parking areas.

It shall be unlawful for any person to operate any vehicle carelessly or recklessly in a Township park, and no person shall operate a vehicle in a Township park at a speed in excess of 15 miles per hour.

No person shall park any vehicles, attended or unattended, within any Township park between sunset and sunrise.

Use and operation of motorized recreational vehicles and devices within a Township park is prohibited unless areas are specifically designated for such use.

Use and operation of nonmotorized recreation vehicles and devices is prohibited within a Township park except in parking areas, designated driveways, or other specifically designated areas.

The washing, painting, servicing, cleaning or repair of any vehicle shall not be permitted within any Township park.

Prohibited activities and possessions. All of the following activities are prohibited within Township parks:

Possessing, selling, distributing or consuming intoxicating beverages.

Smoking or use of tobacco-based products.

Gambling or any obscene or indecent act.

Any criminal conduct as defined in the statutes of the Commonwealth of Pennsylvania and ordinances of the Township of Lower Pottsgrove.

Possessing or using firearms or other weapons, including, but not limited to, air rifles, spring guns, bow and arrows, slingshots, paintball guns, BB guns or rifles, darts or any other missiles or projectiles, unless a special permit has been acquired from the Township and use is under adequate supervision in a properly designated area. Hunting, shooting, paintball and trapping are also prohibited.

Possessing or igniting any explosives or fireworks. (Fireworks shall be defined by the National Fire Protection Association Standards.)

Damaging or causing the injury, fouling or defacement of any park property whether real or personal.

(8)

Throwing, discharging or otherwise placing or causing to be placed on the waters of any pond, lake or stream in any park or any tributary, storm sewer or drain flowing into a park any substance, matter or thing, liquid or solid, which is in violation of any federal, state or local statute, rule, regulation or ordinance.

(9)

Cutting, removing, injuring or destroying any vegetation.

(10)

Transporting and/or discarding trash, garbage or any other matter, including, but not limited to, grass clippings, brush, refuse, and other debris from private property to/on Township parks for the purposes of disposal. Trash receptacles in any park are to be used only for the immediate needs by individuals participating in or observing authorized activities at the park.

(11)

Outdoor burning for any reason.

(12)

Cooking fires, except in designated cooking grills or stoves provided by the Township. Fires must be completely extinguished before leaving the site.

(13)

Feeding, annoying, striking, injuring, maiming or killing any animals or birds, including the destruction of or interference with their nests, resting or breeding places.

(14)

Playing or conducting activities and games in areas other than those designated for such activities and games.

(15)

Swimming, ice skating, wading or diving.

(16)

Metal detecting.

(17)

Any activity likely to result in injury to persons of damage to property.

(18)

Driving golf balls.

(19)

Distributing, posting, placing, painting any advertising materials, handbills, signs, notices, placards or other devices within the park without a valid permit. Only official Township postings and advertisings or those first approved by the Township may be placed or distributed in its parks.

Activities/uses prohibited unless permitted by the Township. The following activities/uses are prohibited in parks, except when specifically permitted in writing by the Parks and Recreation Board or its designee upon application thereto. The Township Manager will issue all permits, and a registration fee will be required to ensure proper use and care of park property. See § 160-7 for information regarding permitting. The Township reserves the right to deny the issuance of any permit application if the Township Manager determines that the health, safety or welfare of any persons would be jeopardized, that there is a risk of damage to Township property or that such activity would create an unreasonable disturbance to other persons by the granting thereof.

Sound-amplification equipment.

Camping and/or bonfires.

Privately owned cooking grills or stoves. Fires must be completely extinguished before leaving the site.

Boating.

Gardening.

Organized team and/or league sports.

Music, theatrical, or other entertainment.

(8)

Soliciting of any kind.

(9)

Activities/events which occur between the hours of sunset and sunrise.

(10)

Riding of horses.

Animals.

Releasing or abandoning wild and/or domestic animals in a park is prohibited.

All animals, wild or domestic, are prohibited on sports fields whether or not on a leash or other means of control.

No animal shall be brought into a park unless it is accompanied by and under reasonable control of a handler and firmly secured by means of a collar and leash or other device so it cannot stray beyond the control of the handler.

The handler of any animal shall immediately remove and dispose of any feces deposited by the animal in a sanitary manner.

§ 160-4 Procedure for exceptions.

Any person requesting exception or exemption to or from any of these rules may direct such request, in writing, to the Township Manager, who shall refer such request to the Board of Commissioners for any action, and such action shall be taken at a regular public meeting of the Board of Commissioners. The Board of Commissioners has total discretion in the approval or disapproval of any request and may only grant an exception or exemption upon the showing of extraordinary circumstances for the benefit of the Township residents which are not contrary to the general health, safety and welfare of any person or the community. The Board of Commissioners, when possible, will seek recommendation from the Parks and Recreation Board.

§ 160-5 Enforcement.

The Township Manager and his/her staff shall exercise general supervision over persons occupying or using any park and over the care, maintenance and replacement of Township property and equipment in the park and shall keep such property and equipment in a clean and sanitary condition. In addition, the Lower Pottsgrove Township Police Department is authorized to enforce the provisions of this article.

§ 160-6 Use by public.

Upon resolution of the Board of Commissioners, the Township shall have the right to exclude from any Township park any person who is not a resident or employee of a tax-paying business in Lower Pottsgrove Township. The Board of Commissioners may likewise by resolution specify the conditions under which any particular park or building therein may be used by the public or by any organization or group. The Board of Commissioners, when possible, will seek recommendation from the Parks and Recreation Board.

§ 160-7 Permits for use by groups.

The Parks and Recreation Board shall provide for the issuance of permits for the use of parks by groups desiring to engage in organized games, overnight camping, use of picnic tables/pavilions, or for any other special purpose including those set forth in § 160-3D above. Any person to whom a permit is issued shall agree to indemnify and hold the Township, its employees and agents, harmless from any liability for any loss, damage, claim or costs, including attorneys' fees, as a result of the use of the park by the permittee, any member of the permittee's group, guest, invitee or any other person. Upon approval, applicant shall pay a fee as adopted by resolution from time to time by the Board of Commissioners.

Persons, groups or organizations holding a valid permit shall have priority in the use of a park and/or its facilities. Priority for issuance of a permit shall be given in the following order:

Lower Pottsgrove Township residents.

Organizations located in Lower Pottsgrove Township.

Organizations whose membership is made up of a majority of Lower Pottsgrove Township residents.

Organizations whose membership includes Lower Pottsgrove Township residents but whose membership does not consist of a majority.

Persons, groups or individuals who do not reside in, are not located in, or serve Lower Pottsgrove Township residents.

Persons, groups or organizations wishing to reserve a park facility shall apply for a permit before occupancy. It is strongly recommended that applications for permits be made at least seven days prior to the time of the planned activity for which the permit is being requested and submitted along with the scheduled reservation fees as may be established from time to time, which must be paid at time of application.

The permit application shall specify the following information:

Full name, address and telephone numbers of the sponsoring person or organization.

Maximum number of people who will attend the activity.

Date(s) and hour(s) for which the activity is scheduled.

The nature of any equipment which the permittee intends to bring to the park in connection with the activity.

Facilities requested to be used and such other pertinent information as the Parks and Recreation Board may require.

Private residents are exempt from the following insurance provisions. Groups or organizations holding events for less than 20 people are exempt from the following insurance provisions, providing that no equipment will be brought to the park. In all other instances, a certificate of insurance must be provided to the Township at the time of application evidencing a policy of insurance, naming Lower Pottsgrove Township, its Board of Commissioners, agents, servants and employees as additional insured, by an insurance company acceptable to the Township and with per-occurrence and aggregate limits of not less than the following requirements:

(a)

General liability: $1,000,000.

(b)

Property damage: $500,000.

(c)

Medical expenses: $5,000.

(d)

Personal and advertising injury: $1,000,000.

(e)

General aggregate: $2,000,000.

(f)

Products comp/op aggregate: $2,000,000.

Permit fee as specified in the fee schedule adopted by the Board of Commissioners from time to time.

Use of any park facilities or areas not authorized by the permit shall constitute sufficient grounds for expulsion of the activity from the park and other enforcement remedies as set forth herein.

The application for such permit shall be in the name of a person who shall be responsible for ensuring that all park rules are followed and ensuring that all refuse and other materials utilized in connection with the activity is collected and immediately removed by the permittee from the park following the activity. In the event that containers have been provided by the Township within the park, they may be utilized for disposal of such refuse if they are sufficiently empty to accommodate the amount of refuse produced by the activity. In no event shall refuse be allowed to remain anywhere in the park unless completely contained in Township-provided containers.

For activities for which police security is deemed necessary by the Township, such security shall be supplied and paid for by the sponsor(s) of the activity and shall be a condition of the issuance of the permit. The Township may require a security deposit to ensure payment of the police security.

Permits will be issued based upon the following conditions:

No proposed activity shall be inconsistent with the terms or conditions contained in any instrument by which the particular park land was donated to or purchased by the Township.

The activity shall not present a threat to the public health, safety or general welfare.

The Township Manager, Parks and Recreation Board or designee shall designate in the permit the specific area or areas within the park wherein the activity is to be conducted.

The permit shall contain any additional conditions necessary to preserve the public health, safety or welfare in any particular park.

Any permit may be revoked at any time by the Township Manager or designee if the permit holder violates any of the terms, conditions or requirements of the permit or this chapter, or if the permit holder fails to keep the designated area free of refuse, garbage and rubbish.

§ 160-8 Concession/vendor permits.

No person, firm, corporation or association shall sell any food, beverage, article, product or service of any kind in a park without a permit as provided in this article. The Township Parks and Recreation Board or its designee shall have the absolute authority and discretion to refuse such consent in any instance for any reason.

Each person, firm, corporation or association desiring to apply for a vendor permit as described above must submit a written application containing the following information:

The full name, address and telephone number of the applicant.

The park in which the applicant proposes to sell.

Dates when the vendor is planning to sell.

Products or services to be sold.

Description of any equipment owned by the vendor which will be used to sell the product or services specified. Vendors will not be allowed to use Township facilities such as pavilions, sports fields, or equipment such as grills, etc. for sales or services, unless expressly permitted by the Township.

The insurance provisions set forth in § 160-7C(6) above shall apply.

Permit fee as specified in the fee schedule adopted by the Board of Commissioners from time to time shall be paid at time of application.

(8)

If vendor desires to sell food, vendor must submit proof of a Montgomery County Health Department Food Handling Permit with the Township vendor permit application, as required by the Montgomery County Health Department.

Any permit holder who violates or permits the violation of any provision of this article shall be subject to immediate revocation of the permit by the Township and the penalties set forth in this article.

§ 160-9 Fees.

Fees for use of Township parks shall be established from time to time by resolution of the Board of Commissioners, which may be recommended by the Parks and Recreation Board.

§ 160-10 Violations and penalties.

Violation of any provisions of this article or the rules and regulations adopted pursuant hereto or any other statute, regulation or ordinance shall subject the violator to removal from the park in addition to all other penalties set forth herein.

Any person, firm or corporation who shall violate the provisions of this article or the regulations adopted pursuant hereto shall, upon conviction thereof, pay a fine not to exceed $600, restitution for damages to Township property, and costs of prosecution and, in default of payment thereof, shall undergo imprisonment of not more than 30 days. All prosecutions for violations under this article shall be brought in the name of Lower Pottsgrove Township, and all fines shall be paid to the Township and shall be applied to the general funds of said Township.

Each violation of this article shall constitute a separate offense and shall be punishable as such hereunder.

Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.

This section shall not preclude the Township from any other remedy it may have at law or equity.