Borough of Kenhorst, PA Chapter 327 Parks and Recreation Areas

[HISTORY: Adopted by the Borough Council of the Borough of Kenhorst 2-5-1981 by Ord. No. 362 (Ch. 15, Part 2, of the 1973 Code of Ordinances). Amendments noted where applicable.]

§ 327-1 Short title.

This chapter shall be known and may be cited as the "Kenhorst Borough Park Code."

§ 327-2 Purpose.

The purpose of this chapter is to create an atmosphere conducive to the enjoyment of and to protect the substantial public investment in Kenhorst Borough.

§ 327-3 Word usage.

For the purpose of this chapter, all words used in the present tense include the future tense. All words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and not directory.

§ 327-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Kenhorst.[1]

PARK

Any park, reserve, playground, recreation center, swimming pool, watershed, or other place whatsoever owned, operated, or used by the Borough of Kenhorst and devoted to active or passive use whether within the corporate limits of the Borough of Kenhorst.

PERMIT

The written authorization, issued by the Parks Committee or designee, to conduct activities governed by this chapter.

PERSON

Any individual, firm, partnership, corporation, or association or any agent, assistant, employee or representative thereof.

[1] Editor's Note: The original definition of "Director of Parks," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 327-5 Prohibited activities.

[Amended 4-2-1981 by Ord. No. 365]

It shall be unlawful for any person to do any of the acts hereinafter described within the limits of any park of the Borough of Kenhorst.

A. General uses and activities.

(1) To break, cut, deface, disturb, injure, move, or remove any flowers, fruit, plant, tree, shrub, bench, apparatus, public sign, notice, or property.

(2) To gather, move, or remove any wood, turf, grass, soil, rock, sand, or gravel.

(3) To hunt for, shoot at, chase, catch, or kill, or to attempt to shoot at, chase, catch, or kill, with or without dogs, any bird or animal.

(4) To throw stones or missiles.

(5) To throw or discard tin cans, bottles, glass, paper, rubbish, waste materials or litter of any description except in the containers provided by the Borough of Kenhorst for the deposit of such items.

(6) To dump or discard any refuse, junk, dead animal or offensive matter of any kind.

(7) To post or erect any bills, notices, or advertising matter of any kind.

(8) To sell or offer for sale any merchandise, food, article or thing whatsoever without a permit.

(9) To violate any posted rules for, or to misuse, any park, picnic court, camp area, playfield, or other recreational area.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(10) To engage in camping, archery, golfing, horseback riding, or any game, sport, or race except upon such grounds and areas, and at such times, as are specifically designated for such activities.

(11) To have any ceremony or any musical, theatrical, or other entertainment event without a permit.

B. Gaming. To engage in any unlawful gaming.

C. Use of alcoholic beverages. To consume, drink, or have possession or custody of any malt or brewed beverages or vinous or spirituous liquors.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Use of firearms and fireworks.

(1) To carry, have or discharge firearms, air or spring rifles or slings, except as specified otherwise in this chapter.

(2) To carry, have, or use any fireworks.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Use of vehicles or motor vehicles, bicycles, skateboards.

(1) Except upon areas and at times specifically designated for such purposes, to operate a licensed or unlicensed motor vehicle of any type, to operate a bicycle, pedicycle or cart, or to roller skate or use a skateboard.

(2) To stand or park any vehicle, except at those places designated therefor.

F. Control of pets: to permit any dog or other animal to be in any park.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Use of fire.

(1) To make a fire of any kind.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) To smoke in any areas of park or recreation area in the Borough.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) To use or operate in the Borough of Kenhorst any device that uses combustible fuel, including lanterns, stoves, heaters, or the like.

H. Use of bodies of water. Fishing, boating, swimming, wading, floating, ice skating:

(1) To swim, bathe, or wade, or float at any place except in a public swimming or wading pool.

(2) To ice skate or ice fish in or upon any lake, pond, stream, creek or any body of water owned or controlled by the Borough of Kenhorst, unless officially posted for such purposes.

I. Use of bikeways.

(1) To operate any licensed or unlicensed motor vehicle including motor bikes, mopeds and motorcycles.

(2) For the operator of a pedicycle not to yield the right-of-way to pedestrians.

(3) To horseback ride.

(4) To use skateboards, roller skates, wagons, carts, or other similar recreational devices, unless posted otherwise.

J. Time of use. To be present thereon for any purpose whatever between sunset and sunrise, prevailing time, except with a valid permit. This prohibition shall not apply to municipal personnel engaged in the performance of their duties.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 327-6 Official use.

A. None of the above regulations shall preclude the Borough of Kenhorst, or its agents or employees, from operating motor vehicles or motorized boats, entering bodies of water, engaging in controlled burning, posting signs and notices, bearing arms or conducting any other activities in pursuance of its duties.

B. From time to time, the Parks Committee or designee may waive the regulations of the Borough of Kenhorst Code and designate temporary uses or activities as they relate to special and scheduled ceremonies or recreational activities.

§ 327-7 Permits.

A. All permits issued by the Parks Committee or designee shall be subject to park rules and regulations, and a person to whom such permits may be granted shall be bound by said rules and regulations as fully as though the same where inserted in said permits.

B. Any person to whom such permits may be granted shall be liable for any loss, damage or injury sustained by reason of negligence of said person.

C. As a condition of issuing a permit, the Borough may require a permit applicant to secure liability insurance, to post bond, or to make any other guarantees the Borough considers reasonable.

D. It shall be unlawful to conduct any activities for which a permit is required without first securing a valid permit to conduct such activities.

E. It shall be unlawful to make any alternation to a permit.

F. A permit is required for Borough residents/groups to use the community center and/or playing fields. The fee for said permit shall be as set by Council by resolution and amended from time to time.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 327-8 Violations and penalties. [1]

Any person or persons violating any of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).