[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove as indicated in article histories. Amendments noted where applicable.]
Open Space and Recreation Board — See Ch. 38.
Article I Open Space and Recreation Regulations
[Adopted 5-18-2015 by Ord. No. 480]
This article shall be known as and may be cited as the "Upper Pottsgrove Open Space and Recreation Rules and Regulations."
As used in this article, the following terms shall have the meanings indicated:
- OPEN SPACE
- Any open piece of Township-owned land that is undeveloped (has no buildings or other substantial structures) and is accessible to the public.
- A tract of land acquired and/or designated by the Township for public recreational use, including, but not limited to, playgrounds, playing fields and open spaces left in their natural state.
All Township parks and open space shall be operated and maintained under the general supervision of the Board of Commissioners and the Open Space and Recreation Board. The Open Space and Recreation Board shall have the power to recommend to the Board of Commissioners rules and regulations governing the use of parks and open space within the Township, provided such rules and regulations are not contrary to any statute or ordinance. It shall be the duty of the Upper Pottsgrove Police Department to enforce the provisions of this article and all rules and regulations adopted hereunder.
The following rules and regulations are set forth for the use of the parks and open space in the Township of Upper Pottsgrove; Police, Fire, EMS personnel and any other emergency responders, Public Works employees, Township Commissioners and Open Space and Recreation Board Commissioners are exempt from Subsections A, B and C when acting in performance of their official duties.
Hours of operation.
No person or persons shall be allowed in Township parks and open space except between the hours of sunrise and sunset. Special permission may be granted for activities/events occurring between sunset and sunrise by permission of the Open Space and Recreation Board and the Board of Commissioners.
Activities involving vehicles in Township parks and open space.
No motor vehicle shall be operated or parked in any area of a Township park or open space except in access driveways and designated parking areas.
No person shall park any motor vehicles, attended or unattended, within any Township park or open space between sunset and sunrise.
Use and operation of motorized recreational vehicles and devices within a Township park or open space is prohibited.
The washing, painting, servicing, cleaning or repairing of any vehicle shall not be permitted within any Township park or open space.
Prohibited activities and possessions. All of the following activities are prohibited within Township parks and open space:
Possessing, selling, distributing or consuming intoxicating beverages or illegal or illicit substances.
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 Upper Pottsgrove.
Using firearms or other weapons, including, but not limited to, handguns, rifles, 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 for Township-initiated animal control activities. 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, digging, fouling or defacement of any park or open space property whether real or personal.
Throwing, discharging or otherwise placing or causing to be placed on the waters of any pond, lake or stream in any park or open space or any tributary, storm sewer or drain flowing into a park or open space any substance, matter or thing, liquid or solid, which is in violation of any federal, state or local statute, rule, regulation or ordinance.
Cutting, removing, injuring or destroying any vegetation.
Transporting and/or discarding trash, chemicals, pharmaceuticals, garbage or any other matter, including, but not limited to, grass clippings, brush, refuse, human contaminates, electronics and other debris from private property to/on Township parks or open space for the purposes of disposal. Trash receptacles in any park or open space are to be used only for the immediate needs of individuals participating in or observing authorized activities at the park or open space.
Outdoor burning, cooking fires, except in designated cooking grills or stoves provided by the Township or except as listed in Subsection D. Fires must be completely extinguished before leaving the site.
Distributing, posting, placing, or painting any advertising materials, handbills, signs, notices, placards or other devices within the park or open space 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 or open space.
Building or erecting any structure whether temporary or permanent, (i.e., tents, forts, treehouses, etc.).
Operating radio-controlled airplanes and drones.
Driving golf balls.
Activities/uses prohibited unless permitted by the Township. The following activities/uses are prohibited in parks and open space, except when specifically permitted in writing by the Open Space and Recreation Board and the Board of Commissioners upon application thereto:
Camping and/or bonfires.
Organized team and/or league sports.
Music, theatrical, or other entertainment.
Soliciting of any kind or engaging in commercial activities.
Activities/events which occur between the hours of sunset and sunrise.
Releasing or abandoning wild and/or domestic animals in a park or open space is prohibited.
All animals are prohibited on sports fields whether or not on a leash or other means of control.
No animal shall be brought into a park or open space 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.
Feeding, annoying, striking, injuring, maiming or killing any animals or birds, including the destruction of or interference with their nests, resting or breeding places.
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 Open Space and Recreation Board.
The Township Manager and his/her staff shall exercise general supervision over persons occupying or using any park or open space and over the care, maintenance and replacement of Township property and equipment in the park or open space and shall keep such property and equipment in a clean and sanitary condition. In addition, the Upper Pottsgrove Township Police Department is authorized to enforce the provisions of this article.
The violation of any of the above-mentioned rules is cause for immediate eviction from the recreational facilities or open space and/or formal legal prosecution. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of summary offense and shall be punishable by a fine of not more than $600 plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not to exceed 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.