[Ord. 105, 6/20/1988, § 1]
Unless the context specifically and clearly indicates otherwise,
the meanings of words and/or terms used in this Ordinance shall be
as follows:
The Board of Supervisors of the Township of Lower Heidelberg,
Berks County, Pennsylvania.
The park and recreation area owned and operated by the Township
of Spring, a Pennsylvania municipality located in Berks County, Pennsylvania,
which park and recreation area is located partially in the Township
of Spring and partially in the Township of Lower Heidelberg.
Those portions of the Cacoosing Meadows Recreation Area located
within the geographical bounds of the Township of Lower Heidelberg.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
[Ord. 105, 6/20/1988, § 2]
No person shall be permitted within the Park between 7:01 p.m.
and sunrise of each day between October 1 and March 1; and 10:01 p.m.
and sunrise of each day between March 2 and September 30 unless a
supervised activity and/or event is sponsored and/or conducted by
the Board, or by the Board of Supervisors of the Township of Spring,
Berks County, Pennsylvania.
[Ord. 105, 6/20/1988, § 3]
No person shall:
(a)
Cut, remove or destroy any tree, sapling, seedling, bush or shrub,
whether alive or dead, or chip, blaze, box, girdle, trim or otherwise
deface or injure any tree or shrub, or break or remove any branch,
foliage, tree or shrub, or pick, gather, uproot, remove or destroy
any flower, plant or grass unless approved by the Board.
(b)
Remove or cause to be removed or to dig any sod, earth, humus, peat,
boulder, rock, gravel or sand unless approved by the Board.
[Ord. 105, 6/20/1988, § 4]
No person shall:
(a)
Destroy, deface, alter, change or remove any monument, stone marker,
bench mark, stake, post or trail, marking or designation of any boundary
line or survey line.
(b)
Cut, break, mark upon or otherwise injure any building, equipment,
bridge, drain, dam, wall, fountain, lamp post, fence, gate, hedge,
or other structure or installation.
(c)
Deface, destroy or remove any legally authorized placard, notice
or sign, whether permanent or temporary, posted or exhibited within
the Park.
[Ord. 105, 6/20/1988, § 5]
No person shall:
(a)
Set or cause to be set on fire any trees, woodland, brushland, grassland
or meadow.
(b)
Build any fire except within the fireplaces, receptacles or open
spaces approved or designated by the Board for such purposes.
(c)
Drop, dump, throw or otherwise scatter lighted matches, ashes, burning
cigars, cigarettes, tobacco paper or other flammable material.
(d)
Leave fires unattended at any time or not fully extinguished before
being abandoned within the Park.
[Ord. 105, 6/20/1988, § 6]
No person shall pursue, catch, attempt to catch, strike, molest,
wound or kill any bird, wild animal or any nest, lair, den, burrow,
or the like, of any animal and/or bird.
[Ord. 105, 6/20/1988, § 7]
No person shall:
(a)
Permit their dog, cat or animal classified as pet, access to, or
on parks, playgrounds and recreation areas in the Park.
(b)
Cause any pet or animal to run at large.
(c)
Bring, drive or lead any animal into the Park.
(d)
Permit their dog, cat or pet to enter any public building or to be
upon any portion of the Park except a trained seeing eye dog.
[Ord. 105, 6/20/1988 § 8]
Fishing within the Park waters shall be permitted only in such
areas and at such times as are designated by the Board. In all cases,
the Pennsylvania fishing laws shall be applicable to all waterways
within the Park. The failure to comply with such Pennsylvania fishing
laws shall be in direct violation of this section. No person shall:
(a)
Fish in any wild life sanctuary or outdoor area or any place where
"No Fishing" signs have been posted by the Board.
(b)
Wade while fishing without having appropriate boots.
(c)
Fish without being the holder of a current resident or nonresident
fishing license as may be required by applicable laws of the Commonwealth
of Pennsylvania.
[Ord. 105, 6/20/1988, § 9]
No person shall:
(a)
Swim, bathe or wade in any of the watercourses, pools, ponds or sloughs
unless by permit.
(b)
Carry or consume any food or beverages or have in possession any
glass or metal container at any swim area or in water adjacent to
above-mentioned areas unless otherwise designated.
(c)
Bathe in any Board-operated pool/beach/watercourse areas unless said
swimming area is open for said operation.
(d)
Bathe, swim or wade in any water area designated as "Unsafe for Swimming"
at such time or times within the sole discretion of the Board within
the Park.
[Ord. 105, 6/20/1988, § 10]
No person shall:
(a)
Use or navigate any boat, vessel, yacht, canoe, raft or other watercraft
upon any watercourse, lagoon, pond, pool or slough except at such
times or places as may be provided or designated for such purpose.
(b)
Operate a boat, vessel or other watercraft in contravention of any
one or more provisions of the "Boat Law" of the Commonwealth of Pennsylvania,
as amended, 1978, November 26, P.L. 1214, No. 287.
(c)
Use air mattresses, inner tubes and inflatable devices except in
designated areas and may not be used elsewhere.
[Ord. 105, 6/20/1988, § 11]
No person shall:
(a)
Camp except in such areas as may be provided and designated for such
purposes by the Board. No person or group shall camp without a permit
issued by the Board. No camping permit shall be issued for over a
period of three consecutive days.
(b)
Cause, create, or make any noise or disturbance which is a hindrance
to the peace, quiet and tranquility of the Park.
(c)
Wash dishes at pumps or drinking fountains; fail to clean camp sites
daily or to discharge waste waters or any other wastes, except into
designated containers or approved dumping stations.
(d)
Dig a trench or make any excavation on any camp site.
(e)
Occupy an area contrary to assignment as indicated on use permit.
(f)
Camp with a self-contained house trailer, camper trailer or camper
bus.
[Ord. 105, 6/20/1988, § 12]
No person shall:
(a)
Operate a vehicle and stop, stand or park said vehicle in any place
marked as a passenger or loading zone, other than for expeditious
loading or unloading of passengers, or for the unloading and delivery
or picking up of materials.
(b)
Operate a vehicle and stop, stand or park said vehicle in a handicapped
parking area, other than vehicles designated for handicapped.
(c)
Operate a vehicle and stop, stand or park such vehicle upon any roadway
or in any parking area in such manner as to form an obstruction to
traffic thereon.
(d)
Drive upon or park upon any lawn in any area of the Park unless specifically
authorized or marked to do so by the Board.
(e)
Operate and stop, stand or park a vehicle in such a manner as to
block any fire trail, maintenance road, entrance/exit, bike/hike trail.
(f)
Operate a vehicle and park in any place where no parking signs have
been erected.
(g)
Operate and park a vehicle in such a manner as to block the exit
or removal of another vehicle.
(h)
Operate a motor vehicle in excess of five miles per hour in any area
of the Park unless a higher rate of speed has been posted.
(i)
Operate any vehicle upon any area of the Park or roadway carelessly
disregarding the rights and safety of others or in a manner so as
to endanger any person or property.
(j)
Operate any type of minibike, trail bike, all terrain vehicles, snowmobile
or other motorized vehicles except in areas designated and designed
for their purposes, and then only with the approval of the Board.
(k)
Fail to come to a complete stop at a stop sign.
(l)
Fail to yield at a yield sign.
(m)
Wash or make mechanical repairs on vehicles except in an emergency
on any vehicle.
[Ord. 105, 6/20/1988, § 13]
No person shall:
[Ord. 105, 6/20/1988, § 14]
No person shall:
(a)
Randomly operate a bicycle within the Park unless as close to the
right-hand curb or right-hand side of a designated path, trail or
roadway as conditions will permit, unless otherwise permitted.
(b)
Operate any bicycle while upon any path, trail or roadway to carry
any person upon the handlebar or frame of the bicycle, except in the
case where a bicycle is equipped to carry more than one person.
(c)
Operate a bicycle upon such paths, trails or roadways that are posted
by the Board at dates and times previously specified in Section 204
of this chapter.
(d)
Leave or park any bicycle upon any road or parking lot within the
Park which is open to the public on which motorized vehicles may be
driven.
(e)
Leave or park bicycles in walkways, active play areas but should
place bicycles in designated parking areas and use appropriate racks,
when available, within the Park.
[Ord. 105, 6/20/1988, § 15]
No person shall:
(a)
Enter upon any grounds that have been posted by Board with No Trespassing
or any sign that would indicate that the area is not open to the general
public without first obtaining a written permit from the Board.
(b)
Enter any building that is not open to and regularly used by the
public.
(c)
Enter upon or disturb any construction or equipment on park properties
of the Board except authorized personnel within the Park.
[Ord. 105, 6/20/1988, § 16]
No person shall peddle or solicit business of any nature whatever
or collect any fund for any service or charity, or to distribute handbills,
or other advertising matter, to post unauthorized signs on any lands,
waters, structures or properties administered by or under the control
of the Board or to use such lands, waters, structures or properties
unless first obtaining written permission from the Board.
[Ord. 105, 6/20/1988, § 17]
No person shall force, threaten, intimidate, fence, enclose,
or by any other means, prevent or obstruct any person from entering,
leaving or making full use of the Park unless under the jurisdiction
of the Board consistent with the terms of this Ordinance and other
applicable statutes, rules and regulations, and then only by persons
authorized to do so by the Board.
[Ord. 105, 6/20/1988, § 18]
No person shall interfere with, use profanity toward, or in
any manner hinder any employees or agent of the Board who are performing
their official duties within the Park.
[Ord. 105, 6/20/1988, § 19]
No person shall possess or be under the influence of any alcoholic
beverage while in or upon any part of the Park; any alcoholic beverages
in the possession of anyone shall be confiscated by the Township Police,
within the Park.
[Ord. 105, 6/20/1988, § 20]
No person shall:
(a)
Engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton,
obscene or otherwise disorderly conduct tending to create a breach
of the peace, or annoy others, while in or on any property administered
by or under the jurisdiction of the Board.
(b)
Commit any indecent or immoral act tending to debauch the morals
or manners of the public while in or on any facility or area of the
Park.
[Ord. 105, 6/20/1988, § 21]
No person shall fire, discharge or have in their possession
any rocket, firecracker or other fireworks or any other substance
of an explosive nature unless the Board consents in writing.
[Ord. 105, 6/20/1988, § 22]
No person shall:
(a)
Except as provided in Subsection (b) of this section, it shall be unlawful within the park for any person to discharge a firearm or to use a weapon other than:
[Amended by Ord. 334, 2/16/2015]
(1)
Constables, sheriffs, prison or jail wardens, or their deputies,
policemen of this commonwealth or its political subdivisions, or other
law enforcement officers while engaged in their official duties, including
but not limited to training sessions; and
(2)
Officers or employees of the United States duly authorized to
carry and discharge a firearm while engaged in their official duties.
(3)
Any individual who discharges a firearm when legally necessary
to protect human life; to injure, defend against or kill a dangerous
animal; or as otherwise provided by law. Nothing in this section shall
exempt any person or persons from being subject to all the rules and
regulations promulgated and set forth by Pennsylvania Title 34 known
as the "Pennsylvania Game Law," as amended.[1]
[1]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
(b)
Possess any type of knife, hatchet or axe unless engaged in an activity
for appropriate use.
(c)
Possess any of the above items in this section; otherwise a law enforcement
officer shall confiscate any article or weapon in the possession of
any person which is in violation of this section within the Park.
[Ord. 105, 6/20/1988, § 23]
No person shall:
(a)
Discard, deposit, dump, litter or allow to blow away refuse of any
kind or nature except by placing said refuse in containers provided
for such purpose.
(b)
Bring or dispose of any type of trash, refuse or debris in any area
within the Park, whether disposing of in receptacles or not, if such
refuse did not result from usage within the Park.
[Ord. 105, 6/20/1988, § 24]
No person shall:
(a)
Use roller skates, skateboards or any other vehicle on wheels on
court surfaces except at such times and upon such places as may be
designated or maintained for that purpose.
(b)
Skate, sled, snowshoe, walk or go upon any ice, or ski except at
such times and upon such places which may be designated or maintained
for the purpose.
[Ord. 105, 6/20/1988, § 25]
No person shall use any facility, land or area for which a fee
or a charge has been established by the Board of Supervisors of the
township of Spring without payment of such fee, charge or receipt
of appropriate permit from the Board of Supervisors of the Township
of Spring.
[Ord. 105, 6/20/1988, § 26]
Nothing in these rules shall:
[Ord. 105, 6/20/1988, § 27]
(a)
Any person who violates any provision of this Ordinance shall, for
every such offense, upon conviction thereof, in a summary proceeding
before a District Magistrate, be sentenced to pay a fine of not more
than $600, and costs of prosecution, and in default of such payment
of fine and costs, to be sentenced and committed to the lockup of
the township of Lower Heidelberg, Berks County, Pennsylvania, for
a period not exceeding five days, or to the Berks County Prison, Bern
Township, Berks County, Pennsylvania, for a period not exceeding 30
days. All prosecutions shall be brought in the name of the Township
of Lower Heidelberg, Berks County, Pennsylvania. All fines shall be
paid to the Township of Lower Heidelberg, Berks County, Pennsylvania.
(b)
It shall be the duty of the Police Officers of the Township of Lower
Heidelberg, without warrant, forthwith to arrest any offender against
the provisions of this Ordinance, and to take the person so arrested
before a District Magistrate having competent jurisdiction.
[Ord. 105, 6/20/1988, § 28]
The provisions of this Ordinance are severable. If any sentence,
clause or section of this Ordinance is for any reason found to be
unconstitutional, illegal or invalid, it is hereby declared to be
the intention of the Board of Supervisors of the Township of Lower
Heidelberg, Berks County, Pennsylvania, that this Ordinance would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause or section not have been included herein.
[Ord. 105, 6/20/1988, § 29]
Whenever used in this Ordinance, the singular shall include
the plural, the plural the singular, and the use of any gender shall
be applicable to all genders.
