[Adopted 7-19-1995 by Ord. No. 182; amended in its entirety 4-4-2017 by Ord. No. 315]
[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Makefield as indicated in part histories. Amendments noted
where applicable.]
As used in this Part, the following terms shall have the meanings
indicated:
Any space specifically designated or identified by the Board
or Township that is constructed or laid out for a particular sport
or game to be played (e.g., basketball, racquet sports, soccer, baseball,
etc.).
The Upper Makefield Park and Recreation Board.
All recreational lands owned by Upper Makefield Township.
Individuals, groups or organizations using or requesting
use of the facilities in the park or parks.
Upper Makefield Township, its officers, boards, and employees.
A.
All park facilities shall be open to the public from dawn to dusk.
Exceptions shall be made only by prior written approval of the Township.
B.
Either the Board or the Township may close any park or cancel any
planned activity at any time if conditions, including, but not limited
to, bad weather and damage to or construction, maintenance or repair
of the parks, warrant closure or cancellation.
The following activities are expressly prohibited in all parks:
A.
The use of snowmobiles and all-terrain vehicles (ATVs).
B.
Hunting, trapping, the discharge of firearms, explosives (including
fireworks), air rifles, paintball guns, slingshots and archery equipment
without the prior written consent of the Township.
C.
The building of fires except in designated areas.
D.
Smoking and use of tobacco products within 150 feet of any active
recreation area.
E.
Littering and dumping except in trash receptacles.
F.
Damaging, defacing or otherwise harming any equipment, buildings,
signs, plants or animals in the parks.
G.
Throwing rocks, stones or other missiles.
H.
Use of golf clubs or other golf equipment.
I.
Fighting, or the use of profane or obscene language or gestures.
J.
Entering or leaving a park by vehicle except through the entrances
and exits provided.
K.
Disturbing or interfering with park activities or with the property
of any person lawfully in the park.
L.
The use and possession of illegal drugs and alcoholic beverages and
intoxicated persons.
M.
Bringing horses or other livestock into a park without prior written
approval of the Township.
N.
Posting any signs, notices or posters in the park without the prior
approval of the Township or the Board.
O.
Disobeying or disregarding an order of a police officer or disobeying
or disregarding or failing to comply with any rule or regulation,
warning, or instruction posted by the Township.
A.
Operation and repair.
(1)
Operating any vehicle while on park property in an unauthorized,
reckless or negligent manner, in excess of the posted speed limit
or in such a manner as to become a nuisance to other park users, is
prohibited.
(2)
Washing, repairing or servicing of vehicles is prohibited in the
park, except for repairs required when a vehicle becomes disabled
in a park. No vehicle that becomes disabled in a park may remain there
for more than 24 hours. Violators may be ticketed or towed.
Unless otherwise reserved as per the arrangements for priority
scheduling below, athletic fields or courts shall be assigned on a
first-come, first-served basis, with preference being given to Township
residents or groups. Persons or groups wishing to reserve athletic
fields or courts may do so by contacting the Township Manager or his
or her designee.
A.
Priority scheduling. Any organization wishing to use the athletic
fields or courts or other areas in any park on a regular basis may
request priority scheduling, subject to the following rules and restrictions:
(1)
The organization must request priority scheduling no less than 30
days prior to the start of their use in any particular calendar year.
(2)
The organization must submit with its request a plan for substantially
contributing to the maintenance of the reserved athletic fields or
courts. The plan shall be subject to approval by the Park and Recreation
Board and the Township Manager or his or her designee.
(3)
Priority scheduling arrangements shall be valid for not more than
12 months. Arrangements may be renewed at the discretion of the Park
and Recreation Board and the Township Manager or his or her designee.
Renewals shall be contingent on satisfactory proof of compliance with
permit requirements and park rules and regulations.
(4)
The organization must submit proof of insurance of a type and amount
suitable to the Township Manager or his or her designee, naming Upper
Makefield Township as an additional insured.
(5)
The organization shall indemnify and hold harmless Upper Makefield
Township and its officers, boards and committees against any damages,
claims, losses, suits, expenses, demands and actions by any parties
against Upper Makefield Township or its officers, boards, and committees
in connection with the activities of the organization in an Upper
Makefield Township park.
(6)
The organization shall be responsible for picking up all litter on
its reserved athletic fields or courts and adjacent spectator areas
within two hours after a game or practice.
(7)
The organization shall abide by all rules and regulations pertaining
to the parks and any other conditions deemed appropriate by the Township.
(8)
Any organization failing to abide by the terms of its maintenance
agreement with the Township or these rules may have its priority scheduling
cancelled by the Township at any time.
B.
Special events scheduling. Any group or organization or person may
request that an area or athletic field or court be set aside for a
special event, subject to the following conditions:
(1)
The request must be made to the Township Manager or his or her designee
no less than 20 business days prior to the event.
(2)
The organization, group or person shall indemnify and hold harmless
the Township and its officers, boards and committees against any damages,
claims, losses, suits, expenses, demands and actions by any parties
against the Township and its officers, boards, and committees in connection
with the activities of the organization in any park.
(3)
The organization, group or person shall provide proof of liability
insurance for its activities, as deemed appropriate by the Township.
Proof of insurance shall be in the form of a certificate naming Upper
Makefield Township as an additional insured for the date or dates
of the special event.
(4)
The organization shall abide by all rules and regulations pertaining
to the parks and any other conditions deemed appropriate by the Township.
(5)
If a special event requires any additional Township services, the
sponsoring person or organization shall reimburse the Township for
the cost of said services.
(6)
No special events will be scheduled that conflict with regularly
scheduled activities.
(7)
If requests for special events conflict, the Township shall determine
which request will be honored based on the number of Township residents
who would benefit from the grant of the request. Prioritization shall
be at the discretion of the Township Manager or his or her designee.
A.
Temporary facilities. Erection of temporary backstops, goal posts,
crowd control fences and barriers is allowable at the discretion of
the Township, with the following restrictions:
(1)
Permits must be secured no later than 10 business days prior to the
erection of the structures.
(2)
Specific dates must be included in the application for both the installation
and removal of said structures. Financial security shall be provided
to ensure the prompt removal of the temporary structures.
(3)
Temporary structures shall not be in place for a period of time greater
than that specified on the permit. Structures not removed in time
shall be removed by the Township, and the financial security shall
be used to reimburse the Township for the cost of removal.
(4)
All temporary structures shall be kept in good repair and shall be
repaired, replaced or removed by the permit holder within 48 hours
of any reported damage.
(5)
Permits for temporary structures shall be granted based on their
intended use, the function or use of the area, where requested, their
compatibility with the area, and their impact on the use of the park
and public safety. Permits shall be approved by the Township Manager
or his designee prior to issuance and shall be subject to approval
of the Board if the structures will be standing for more than 30 days.
Permits may include any conditions deemed appropriate by the Township
Manager or his or her designee, including, but not limited to, requiring
the posting of an escrow to ensure removal of the structures.
B.
Permanent facilities. Erection of permanent facilities and structures,
modification of present facilities, the planting of trees, shrubs,
flower beds, sod, and any other action with permanent or lasting impact
on the park is allowable by permit, with the following conditions:
(1)
Applications for permanent additions or alterations shall be reviewed
by Township in light of future development plans for the area intended
and in the Comprehensive Plan for the Upper Makefield Township Park
and Recreation Program.
(2)
Permanent structures shall conform to all Township, county, state,
or other building codes.
(3)
All applications for permanent improvements shall be reviewed by
the Park and Recreation Board and the Environmental Advisory Council
(in the case of plantings or structure changes that may impact stormwater
flow or other environmental characteristics, e.g., groundwater).
(4)
Following the review by the Park and Recreation Board and the Environmental
Advisory Council, the application for permanent improvements shall
be forwarded to the Board of Supervisors for its consideration and
final action. This review shall include, but shall not be limited
to, such factors as appearance, future maintenance and operating costs,
desirability and compatibility with the present and future park development.
(5)
As all park properties are public property and are maintained for the use and enjoyment of all residents, no person, group or organization shall be permitted to erect or maintain the use of any facility or structure for restricted usage. All improvements shall become the property of and come under the control of Upper Makefield Township. However, any person, group or organization seeking priority scheduling under § 16-106A of these rules and regulations may include plans for erecting permanent structures and facilities as part of the required maintenance plan.
A.
Players shall observe tennis/basketball court courtesies as well
as rules of good conduct on and around tennis and basketball courts.
B.
Playing on the tennis courts without heelless rubber-soled tennis
shoes is forbidden.
C.
Proper basketball shoes shall be worn at all times when playing on
the basketball court.
D.
No bicycles, skateboards, roller skates, roller blades, pets or devices
that would mar the surface of the courts are allowed on the tennis/basketball
court. Food and beverages are prohibited on basketball and tennis
courts.
E.
Cell phones shall be silenced while using the tennis and basketball
courts.
F.
Glass containers are prohibited in the tennis/basketball court area.
G.
Whenever there are players waiting to use the tennis and/or basketball
court, all players must vacate the desired court after playing for
45 minutes or one set/game. Winners shall have no prior rights to
remain on the courts, unless agreed to by all parties desiring to
use the court.
H.
Players waiting to use a court must indicate in some clear way to
those using the courts that they are waiting to use the court.
I.
The Township shall have first priority to use the basketball and
tennis courts for Township-sponsored activities.
J.
No individual, group, club, or organization shall occupy the tennis
or basketball court for tournament play without prior written permission
from the Township through the Township Manager or his or her designee.
K.
Persons using the basketball and tennis courts shall keep the courts
clean by picking up all balls and throwing away any trash.
L.
The tennis and basketball courts shall not be used by individuals,
groups, associations, clubs, or organizations for profit-making purposes.
M.
Rules are subject to change.
Commercial activities in the park hall be limited to the sale
of refreshments during games, practices and other park-centered activities,
the sale of admission tickets to permitted special events and fund-raising
activities by nonprofit organizations conducting permitted special
events. These activities shall be subject to the following rules and
regulations, as well as all other laws, rules and regulations applicable
to the park and the activities in question.
A.
Refreshment sales.
(1)
Persons, groups or organizations wishing to sell refreshments and
food must obtain the permission of the Township Manager or his or
her designee and the Board.
(2)
Permission will not be granted to sell any item which is not used
or consumed at the park on the same day as the sale. Refreshment sales
are intended in this section to be a service to park users and not
as retail outlets.
(3)
Refreshment sellers will supply all merchandise and shall assume
all responsibility for the safety of the consumer. The refreshment
seller will indemnify and hold harmless the Township and its officers,
boards, and committees against any and all loss, damage, costs, expenses,
claims, and suits against the Township or its officers, boards, and
committees resulting from the activities of the seller in the parks.
(4)
Refreshments sellers must provide the Township with a copy of a valid
Board of Health permit and shall display said permit in their selling
area.
(5)
Refreshment sellers assume the responsibility for maintaining the
food storage, preparation and service area in a clean and acceptable
manner. Failure to do so shall be grounds for the Township immediately
withdrawing permission for refreshment sales.
B.
Admission tickets and fund-raisers. Organizations and persons scheduling
special events and fund-raisers to which admission will be charged
must show, with their request for permission, proof of their nonprofit
or charitable status.
A.
The Upper Makefield Police Department shall have the authority to
enforce this Part and all park rules.
B.
Any person, firm or corporation or organization who shall violate
any provision of this Part shall, upon conviction thereof, be guilty
of a summary offense punishable by fine of not more than $600 plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment in the county jail not to exceed 30 days. Each and
every violation shall constitute a separate offense.
[Adopted 10-1-2013 by Ord. No. 303]
A.
Tobacco-free zones, where the use of any and all tobacco products
is strictly prohibited, are hereby established in all Township parks,
except for those areas designated as smoking areas on Township-owned
property within 150 feet of any active recreation area, which are
hereby established at the following locations within the Township:
B.
Appropriate signage shall be posted identifying the designated tobacco-free
zones and the designated smoking areas.
C.
The ban on the use of tobacco is established within Township-owned
parks only, and shall not extend to any privately owned property,
even if the privately owned property is located within 150 feet of
an active recreation area in a Township park.
Any person or persons violating any provision of this Part shall
receive an initial warning. A second violation of any provision of
this Part shall result in the immediate ejection from the premises.
Any future violations of this Part or refusal to leave the area upon
request of Township officials shall result in the imposition of a
fine not less than $250 nor more than $400.
