[HISTORY: Adopted by the City Council of the City of Warren as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-15-1980 by Res. No. 1971 (Ch. 16, Part 2, of the 1997 Code of Ordinances)]
No person shall carry into or use any alcoholic or intoxicating beverages at any time on the following parks, playgrounds and recreation facilities:
[Amended 12-12-1988 by Ord. No. 1491; 3-16-2015 by Ord. No. 1853]
When any person, group or organization makes application for a permit as provided for Article II of this chapter, and intends to include as part of the activities to be conducted on City premises by the applicant the operation of any device which could be construed to be a gambling device or game of chance, it must so state in its application. Gambling devices are prohibited as covered in § 349-3 of Chapter 349 of the Code of the City of Warren.
[Amended 12-12-1988 by Ord. No. 1491; 3-16-2015 by Ord. No. 1853]
When any person, group or organization makes application for a permit as provided for in Article II of this chapter, and intends to include as part of the activities to be conducted on City premises by the applicant the establishment and maintenance of any stand for the sale of lunches, drinks, fruits, candy, toys or any other thing or maintain any shooting gallery, striking machine or device where money is received or charged, a license must be obtained for each and every such stand as required by § 349-1 of Chapter 349 of the Code of the City of Warren.
[Adopted 5-19-2014 by Ord. No. 1845]
Editor's Note: This article specifically repealed Ord. No. 1803, adopted 6-20-2011, as amended.
It is the intent, purpose and scope of this article to ensure the preservation of public parklands, recreation facilities, preservation areas, and conservation areas within the City of Warren for the perpetual enjoyment of the residents of the City of Warren; to regulate activities within these areas consistent with the enjoyment of unspoiled natural settings and park facilities; and to prevent any nuisances to the residents of the City of Warren in the use of such public parklands, recreation facilities, preservation areas, and conservation areas, or in the enjoyment of private property adjacent to such areas.
As used in this article, the following terms shall have the meanings indicated in this section:
- Any person having reached the age of 18.[Amended 11-21-2016 by Ord. No. 1881]
- ALCOHOLIC BEVERAGE
- Distilled spirits and all beverages containing 0.5% or more alcohol by volume, including, but not limited to, beer and wine. Medicines or drugs dispensed pursuant to a physician's prescriptions are excluded.
- AMPLIFIED SOUND AND/OR SOUND-EMANATING EQUIPMENT
- Music, sound wave, vibration or speech projected or transmitted by electronic equipment, including, but not limited to, public address systems, amplifiers, horns or megaphones.
- Any person seeking a permit to use or conduct an activity in a park, recreation, preservation or conservation area or facility.
- Any person less than 18 years of age.[Added 11-21-2016 by Ord. No. 1881]
- CITY BUSINESS
- Any activity within the scope of and in pursuit of the City's operations.
- CITY COUNCIL
- The Council as provided for in Article V of the Home Rule Charter.
- CITY MANAGER
- The Municipal Manager as provided for in Article IX of the Home Rule Charter, or his/her designee.
- CONSERVATION AREA
- Any passive park area maintained as green space, which is owned and maintained by the City.
- DOMESTICATED ANIMAL
- Any cat, dog, horse, fowl or living creature other than a human.
- ELECTRIC PERSONAL ASSISTED MOBILITY DEVICE (EPAMD)
- A self-balancing, two-non-tandem-wheeled device assigned to transport only one person with an electric propulsion system.
- MOTORIZED VEHICLES
- Those licensed by a department of transportation or motor vehicles for travel on public roads.
- OTHER POWER-DRIVEN MOBILITY DEVICE
- Any mobility device powered by batteries, fuel or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section.
- PARK AREA
- Property which is owned by the City and maintained for the pleasure of the public and/or for recreation.
- PARKING FACILITIES
- All public parking lots, garages and spaces of all natures and descriptions whatsoever located within the City of Warren, whether owned and operated by the City, a parking authority, or by any other public entity.
- PARKS AND RECREATION COMMISSION
- Commission as provided for in the Administrative Code of the City of Warren.
- PEDESTRIAN ACCESS AREAS
- Those areas of ingress, egress and regress which are not designated for vehicular traffic.
- Any written license issued by or under the authority of the City Manager or his/her designee.
- Any natural person, whether minor or adult.
- PRESERVATION AREA
- City-owned property located in a P Preservation District, as designated on the City of Warren Zoning Map.
- RECREATION AREA
- A building, structure, ramp, dock, field, court, pool, playground or park which has organized recreational activities for teams or individuals or which provides active facility sites for nonorganized leisure play.
- SERVICE ANIMAL
- Any guide dog, signal dog or other animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability, or an animal trained for law enforcement purposes under the control of a law enforcement officer.
- That portion of the streets, highways, boulevards and alleys designated or ordinarily used for pedestrian travel.
- The inhaling, exhaling, burning, or carrying of any lighted
cigarette, cigar, pipe or other tobacco product in any manner or in
any form, including, but not limited to, electronic cigarettes, vaping
devices, personal vaporizers, any electronic nicotine delivery system,
or any device which simulates tobacco smoking.[Added 5-21-2018 by Ord. No. 1905]
- SPECIAL EVENT
- An event which takes place on public property which, because of its scope and impact on surrounding areas and the potential need for provision of extra services by the City, requires a permit issued by the City Manager following approval by City Council.
- Any device licensed or unlicensed, in, upon or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon station or tracks.
- YARD WASTE
- Leaves, grass clippings, shrubbery, tree branches and trimmings, rocks, stones and pet waste.
No person, except those authorized by the City and conducting City business, shall, in park, recreation, preservation or conservation areas:
Injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park, recreation, preservation or conservation area owned by the City or any building, sign structure, equipment, utility or other property found therein;
Remove, injure or destroy any shade tree, ornamental flower, shrub or plant, or any material of historical or archaeological interest;
Kill, trap, hunt, pursue or in any manner deliberately disturb or cause to be disturbed any wild bird or animal within the park, recreation, preservation and conservation areas, except by a certified pest control company or as is determined to be necessary by the City;
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, stream or other body of water 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 said waters within the park, recreation, preservation and conservation areas owned by the City, but rather to make use of proper receptacles where these are provided, and where receptacles are not so provided, all such materials shall be carried away from the park, recreation, preservation or conservation area by the person responsible for their presence and shall be properly disposed of;
Dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, yard waste, garbage, refuse, trash or any other materials anywhere within the park, recreation, preservation and conservation areas owned by the City, but rather to make use of proper receptacles where these are provided, and where receptacles are not so provided, all such materials shall be carried away from the area by the person responsible for their presence and shall be properly disposed of;
Make any physical changes brought through development or redevelopment of new or existing park, recreation, preservation and conservation area facilities and grounds without the prior recommendation of the Commission and the authorization of City Council; or
Dispose of any household or yard waste in park receptacles or in any body of water in or adjacent to any park, recreation, preservation and conservation areas owned by the City.
Hours of operation. Park, recreation, preservation and conservation areas shall be open to the public from 7:30 a.m. until 9:30 p.m. with the exception of the designated lighted facilities within park, recreation, preservation and conservation areas which close at 11:00 p.m. and those areas designated herein by special exception; and it shall be unlawful for any person or persons, other than City service personnel conducting City business therein, to occupy or be present in said park, recreation, preservation and conservation area during any hours in which the area is not open to the public. Permits must be obtained for specific activities if use will extend beyond official closing hours. The City Manager, his/her designee, and/or the Police Department may declare any section or part of the park, recreation, preservation and conservation areas 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.
Possession and consumption of alcoholic beverages. Alcohol is prohibited from all City park, recreation, preservation and conservation areas with the exception of Betts Park, in which case alcohol shall be permitted only in designated areas for such use by the event permit and which will not interfere with the general use of the park by the public.
Use of facilities. Facilities and areas in City park, recreation, preservation and conservation areas shall be used only for the purpose designated or implicit in their character. Special activities, including flying model airplanes, games, picnics, the operation of all-terrain vehicles, motor scooters, minibikes, go-carts, snowmobiles, and any other gas-powered mobility device, shall be permitted only at locations specifically designated for such use and at times established. Facility-specific use regulations shall be developed by City administration and approved by City Council. Certificates of insurance naming the City as additional insured shall be provided by groups or organizations requesting use in an amount equal to or greater than the City's liability limit. Social and family events, such as reunions, small parties and socials sponsored by private individuals, may be exempt from the requirement of providing insurance.
Supervision of a minor child. A parent, guardian, or other person legally responsible for the general care and supervision of a child shall be responsible for the appropriate supervision of the minor child and shall be financially responsible for the behavior and actions of the minor child.
[Amended 11-21-2016 by Ord. No. 1881]
Motorized vehicles. Licensed motor vehicles shall be permitted only on designated roadways. The speed limit for such vehicles on such roadways shall be 10 miles per hour. Electric personal assisted mobility device (EPAMD) and other power-driven mobility devices shall be permitted on all surfaces that accommodate their safe passage, including sidewalks, and shall not be operated above the speed of normal walking (two to three miles per hour). Gas-powered personal mobility devices are prohibited in parks, recreation, preservation and conservation areas throughout the City. All-terrain vehicles, motorcycles, minibikes, go-carts and snowmobiles shall not be permitted in park, recreation, preservation and conservation areas or on roadways designated for licensed vehicular traffic unless licensed for travel on the public roads of the Commonwealth of Pennsylvania. No person shall drive or otherwise operate a vehicle in a park, recreation, preservation or conservation area upon surfaces other than those maintained and open to the public for the purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the City, the City Manager or his/her designee, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, EPAMDs or those approved by the City Manager for use with special events. All vehicles shall be parked in areas or places provided and designated. Parking in places contrary to posted regulations and times is prohibited. All parking is prohibited after regular closing time, except for a special event or for an activity for which a permit was issued. And such vehicles may be removed by the City at the owner's expense. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within a park, recreation, preservation and conservation area except for emergency repairs.
Fees. Fees shall be established by resolution of Warren City Council and may be amended by resolution of City Council from time to time.
Permits/agreements. Permits/agreements shall be required for scheduled use of City park, recreation facilities, preservation areas and conservation areas, and a certificate of liability insurance naming the City of Warren as additional insured and in an amount equal to or greater than the City's liability limit must be provided for the following:
Events at which amplified sound is used;
Organized events open to the public, including, but not limited to, charitable fund-raising events, fairs, carnivals, community celebrations;
Scheduled league or team use of playing fields, courts and courses;
Any use for the training and/or exhibition of animals;
Use of areas designated herein by permit of the City Manager or his/her designee or by special exception of City Council, with the exception of events sponsored by the City of Warren or the Commission.
Reservations. Certain pavilions and/or facilities within the City park, recreation, preservation and conservation areas may be reserved for exclusive use by private individuals in accord with policies as established by the City Manager or his/her designee and in accord with the City's schedule of fees.
Fires and firework displays. Fires may not be ignited, maintained or allowed anywhere in a park, recreation, preservation or conservation area except for the purpose of cooking. In order to be permitted, cooking fires shall only burn wood, charcoal or gas product and must be contained in receptacles permanently installed on the premises for such purposes or a stove, grill or similar device designed for cooking brought by a user and which has features that protect surroundings from scorch or burn. City Council may allow other types of fires via special exception. Any fire judged by a City official to create a hazard or nuisance shall be extinguished. No fireworks display shall be conducted without prior authorization from City Council and a permit secured from the Fire Chief or designated City official.
Operating sound-amplification equipment. No person shall install, use and operate within a park, recreation, preservation or conservation area a loudspeaker, horn, megaphone, or other sound-amplifying equipment for the purposes of giving instructions, directions, talks, addresses or lectures or of transmitting music to any persons or groups of persons in any park, recreation, preservation or conservation area or in the vicinity thereof, except when installed, used or operated in compliance with a special event permit issued by the City of Warren Special Event Committee or City Council and when operated in accordance with terms of the permit. Amplifiers permitted in the parks shall be operated only through a power source provided or approved by the City or with a battery. This subsection shall not apply to the use of a loudspeaker or other sound-amplifying device that might be used on an athletic field during an athletic game or other competition sponsored by a school, City or community organization. No amplified sound will be permitted past 10:00 p.m. in any park, recreation, preservation or conservation area unless the terms of a properly issued permit specify differently.
Animals. It shall be unlawful for owners of domesticated animals to permit the same within park, recreation, preservation or conservation areas without being restrained by leash and accompanied by an adult or minor capable of controlling said animal. Within said park, recreation, preservation or conservation areas, specific areas may be posted prohibiting domesticated animals unless the animal is determined to be a service animal as defined by the Americans with Disabilities Act (ADA). (Note: If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.) Should any animal, whether domesticated or service, defecate upon a park, recreation, preservation or conservation area, the owner or guardian of said animal shall be responsible for the immediate cleanup and proper disposal of feces in a designated container within the park, recreation, preservation or conservation area. Any injuries, expenses or damages caused by said animal which are not due to the contributory negligence of another person shall be the sole responsibility of the animal's owner. Permits may be obtained for the training and/or exhibition of animals in designated areas, and a certificate of insurance naming the City as additional insured in an amount equal to or greater than the City's liability limit is required by the sponsor of the event, with the exception of events sponsored by the City of Warren or the Commission.
Gambling. Gambling is prohibited in park, recreation, preservation and conservation areas, unless otherwise permitted under Pennsylvania law and approved as a part of a special event permit.
Merchandising, vending, advertising and signs. No person shall, in a park, recreation, preservation or conservation area:
Offer for sale any article or thing or station or place any stand, cart or vehicle for transportation, sale or display of any such article or thing except under the authority of the City Manager and/or his or her designee by application and permit;
Announce, advertise or call the public attention in any way to any article or service for sale or hire except to the extent approved in advance by the City Manager and/or his or her designee;
Post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement or any inscription whatsoever upon any structure, tree, stone, fence, furniture, equipment, thing or enclosure within any park, recreation, preservation or conservation area or on any public land or highways or roads adjacent to any park, recreation, preservation or conservation area, except that the City may place or authorize the placement of informational signs within such areas;
Notwithstanding the restrictions set forth in Subsection E hereof, the City may place an appropriate plaque honoring any person or other entity who provides or sponsors a service or physical improvement benefiting the park, recreation, preservation or conservation area and its users, upon recommendation of the City administration and the Commission;
All food vending provided to the public, with or without charge, as defined by the Department of Agriculture, is subject to health inspections and licensing requirements.
Aircraft. Except for emergency or other special circumstances authorized by the City Council, it shall be unlawful to land a private or commercial airplane or helicopter on park, recreation, preservation and conservation areas of the City. No person shall launch or operate any aircraft, including, but not limited to, hot air balloons, ultra-lights, radio-controlled model rockets or airplanes, and gliders, except in areas or at times specifically designated for this purpose by permit issued by the City Manager or his/her designee.
Overnight camping/tents. No person shall camp or place tents or other temporary enclosures in a City park, recreation, preservation or conservation area, except at such times and places designated by the City Manager or his/her designee and pursuant to a special permit issued through City Council. If camping equipment, tents or other temporary enclosures are not removed within 48 hours after notice given to owner or occupant or placed upon camping equipment, a tent or enclosure, camping equipment, tents or other temporary enclosures may be removed by the City at the owner's or occupant's expense.
Lewd and lascivious acts and sexual activity. No person shall engage in a lewd or lascivious act or sexual activity in a City park, recreation, preservation or conservation area.
Personal conduct. It shall be unlawful for any person in any park, recreation, preservation or conservation area to:
Disturb the peace or use profane or obscene language;
Endanger the safety of any person by conduct or act;
Commit any assault, battery or engage in fighting;
Discharge any firearm, rifle, explosive device, bow, arrow or any other offensive weapon;
Carry, possess or drink any alcoholic beverage, including beer, with the exception of Betts Park;
Carry, possess or use any drugs or controlled substances, excluding legally prescribed medications;
Interfere with the use of the park, recreation, preservation or conservation areas by others;
Violate any rule or regulation for the use of such areas enacted or approved by City Council;
Prevent any person from using any park, recreation, preservation or conservation area or interfere with such use in compliance with this article and the rules applicable to such use;
Act in any unlawful, disorderly or disruptive manner or against the best interests of the area or other people;
Possess any glass container to be used for the consumption of any beverage or other product;
Bathe or swim in any fountain, pond, stream, flood control channel or temporary ponding of stagnant floodwaters.
[Added 11-21-2016 by Ord. No. 1881]
Smoke, inhale, exhale, or chew tobacco products, including, but not limited to, cigarettes, cigars, pipes, electronic cigarettes, vaping devices, personal vaporizers, and/or any electronic or any other type of nicotine delivery system or device which simulates tobacco smoking, including, but not limited to:
[Amended 5-21-2018 by Ord. No. 1905]
Within or immediately surrounding any playground equipment area;
Within or immediately surrounding any public restroom or portable toilet facility;
Within or immediately surrounding any youth athletic playing field and its spectator area(s);
Within or immediately surrounding any tennis and/or basketball court;
Within all areas of the Municipal Pool Complex and the adjoining parking area;
Within all areas of Beaty Park; and
Within pavilion areas at all times, except when reserved by the public through the City of Warren pavilion reservation process for use on a specified date and at a specified time.
The City police and/or the City Manager or his/her assigned designee shall have the authority to cause any act in violation of this subsection to be terminated, and the violator(s) shall be immediately ejected from said premises. The provisions of § 340-10, Violations and penalties, shall not apply to this subsection.
Consumption, alcoholic beverages. The sale, purchase, attempt to purchase, possession and/or consumption of liquor or malt or brewed beverages or other alcoholic beverages is prohibited, with the exception of those areas previously addressed herein.
The City Manager, or his/her designee, shall administer the provisions of this article, including the establishment and collection of fees, preparation of application forms, issuance and revocation of permits, promulgation of rules and regulations to implement the provisions of this article, and all other decisions relative thereto. When acts or conduct of individuals or groups is determined to be in violation of this article or rules and regulations promulgated under the authority of this article; or are not in the best interests of the park, recreation, preservation and conservation area; or when such acts or conduct endanger the surrounding neighborhood, the City Police, City Manager or his/her assigned designee shall have the authority to cause such acts to be terminated; to expel the perpetrators of such acts from the area; to call the City Police to arrest and detain such individual or individuals; and/or to file a complaint for the violation of this article with the Magisterial District Judge.
Any person violating any of the provisions of this article and convicted of same shall be liable for a fine of not less than $25 nor more than $1,000, plus costs. Where such violator has removed, destroyed, damaged, defaced or befouled the park, recreation, preservation and 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 fines and costs. Further, use of park, recreation, preservation and conservation areas may be denied to violators of this article in addition to the imposition of fines or costs.