[HISTORY: Adopted by the City Council of the City of Warren
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-2019 by Ord. No. 1937[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Alcohol; Gambling Devices; Solicitation Stands, adopted 4-15-1980
by Res. No. 1971, as amended.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Any person having reached the age of 18.
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.
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 domestic animal, domestic fowl, wild animal, wild fowl,
bird, or waterfowl.
Any animal that works, provides assistance, or performs tasks
for the benefit of a person with a disability, or provides emotional
support that alleviates one or more identified symptoms or effects
of a person's disability.
Any person less than 18 years of age.
Any activity within the scope of and in pursuit of the City's
operations. This may include work being performed by a person or company
contracted by the City to provide services or necessary work being
performed by a utility company.
The Council as provided for in Article V of the Home Rule
Charter.
The Municipal Manager as provided for in Article IX of the
Home Rule Charter, or his/her designee.
Any passive park area maintained as green space, which is
owned and maintained by the City.
Any of various animals that have been tamed and made fit
for a human environment.
A self-balancing, two-non-tandem-wheeled device with an electric
propulsion system designed to transport only one person.
A place, amenity, or piece of equipment provided for a particular
purpose.
Those licensed by a department of transportation or motor
vehicles for travel on public roads.
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 chapter.
Person to whom an animal or property belongs.
Property which is owned by the City and maintained for the
pleasure of the public and/or for recreation.
Leaving a vehicle in a particular place for a period of time
or maneuvering a vehicle into a certain location.
A location that is designated for parking vehicles.
Commission as provided for in § 5-24 of the Code of the City of Warren.
Those areas of ingress and/or egress which are not designated
for vehicular traffic.
Any written license issued by or under the authority of the
City Manager or his/her designee.
A human being regarded as an individual, whether a child
or adult.
A domesticated animal kept primarily for a person's
company, protection, entertainment, or as an act of compassion.
City-owned property located in a P-Preservation District,
as designated on the City of Warren Zoning Map.
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.
Any dog or animal recognized under the Americans with Disabilities
Act (ADA) 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. The
work or tasks performed by a service animal must be directly related
to the individual's disability.
An animal specifically trained for law enforcement purposes
and under the control of a law enforcement officer.
A paved pathway designated for pedestrian use.
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.
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 approval by
the Special Events Committee.
Appointed by the City Manager and comprised of representatives
of appropriate municipal departments which may include, but not be
limited to, the Manager's Office; Codes, Permits, and Recreation
Services; Police; Fire; Public Works; and Health Inspector.
Any animal trained or able to provide assistance to a person
with a disability or any animal that assists persons with disabilities
by providing emotional support.
A device or piece of mechanized equipment used for transporting
passengers, goods, or apparatus.
A thing designed or used for inflicting bodily harm or physical
damage.
A manually operated or power-driven device designed primarily
for use by an individual with a mobility disability for the main purpose
of indoor or of both indoor and outdoor locomotion.
Any animal living in a natural, undomesticated state without
human control or care; any animal not ordinarily tame.
Leaves, grass clippings, shrubbery, tree branches and trimmings,
rocks, stones and pet waste.
[Adopted 5-19-2014 by Ord. No. 1845[1]]
[1]
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.
[1]
Editor’s Note: Former § 340-5, Definitions, was
repealed 9-16-2019 by Ord. No. 1937.
No person, except those authorized by the City and conducting
City business, shall, in park, recreation, preservation or conservation
areas:
A.Â
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, facility, utility, or other property found therein;
[Amended 9-16-2019 by Ord. No. 1937]
B.Â
Remove, injure or destroy any shade tree, ornamental flower, shrub
or plant, or any material of historical or archaeological interest;
C.Â
Kill, trap, hunt, pursue or in any manner deliberately disturb or
cause to be disturbed any wild bird or animal within park, recreation,
preservation and conservation areas;
[Amended 9-16-2019 by Ord. No. 1937]
D.Â
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;
E.Â
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;
F.Â
Make any physical change by the development or redevelopment of new
or existing park, recreation, preservation and conservation area facilities
and grounds without the prior recommendation of the Parks and Recreation
Commission and the authorization of City Council;
[Amended 9-16-2019 by Ord. No. 1937]
G.Â
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.
H.Â
Feed any wild animal in any park, recreation, preservation, or conservation
area.
[Added 9-16-2019 by Ord.
No. 1937]
A.Â
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 be outside normal operating 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.
[Amended 9-16-2019 by Ord. No. 1937]
B.Â
Possession and consumption of alcoholic beverages. Alcohol is prohibited
in all City park, recreation, preservation and conservation areas
with the exception of Clifford R. Betts Park. Consumption of alcohol
in Clifford R. Betts Park shall be allowed only with a City-issued
permit and in designated areas and when such use will not interfere
with the general use of the park by the public. Alcohol permits are
issued only in conjunction with an approved special event, pavilion
rental, or tent permit.
[Amended 9-16-2019 by Ord. No. 1937]
C.Â
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, amateur use of drones, 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 may be developed by City administration and approved
by City Council.
[Amended 9-16-2019 by Ord. No. 1937]
D.Â
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]
E.Â
Vehicles and mobility devices. 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 devices (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 Special Events
Committee 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. Any vehicles parked in violation of
this section 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.
F.Â
Fees. Fees shall be established by resolution of Warren City Council
and may be amended by resolution of City Council from time to time.
G.Â
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:
(1)Â
Events at which amplified sound is used;
(2)Â
Organized events, including, but not limited to, charitable fund-raising
events, fairs, carnivals, community celebrations;
[Amended 9-16-2019 by Ord. No. 1937]
(3)Â
Scheduled league or team use of playing fields, courts and courses;
(4)Â
Any use for the training and/or exhibition of animals;
(5)Â
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 Parks and Recreation
Commission;
[Amended 9-16-2019 by Ord. No. 1937]
(6)Â
Events held at Clifford R. Betts Park at which alcohol will be consumed;
[Added 9-16-2019 by Ord.
No. 1937]
(7)Â
Placement of tents or enclosures in excess of 200 square feet in
size.
[Added 9-16-2019 by Ord.
No. 1937]
H.Â
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.
A.Â
Fires. 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 allowed, cooking fires shall only
burn wood, charcoal, or natural gas or propane 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. The Special Events Committee may allow other
types of fires via a special exception. Any fire judged by a City
official to create a hazard or nuisance shall be extinguished.
[Amended 9-16-2019 by Ord. No. 1937]
(1)Â
Firework displays. No use of fireworks or fireworks display shall
be conducted without prior authorization from the Special Events Committee
and a permit must be obtained from the Fire Chief or designated City
official.
B.Â
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 means of sound amplification
for the purposes of giving instructions, directions, talks, addresses
or lectures or of transmitting music or sound 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 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 prior to 7:30 a.m. or past 10:00 p.m. in any park, recreation,
preservation or conservation area unless the terms of a properly issued
permit specify differently.
[Amended 9-16-2019 by Ord. No. 1937]
(1)Â
This shall not be applicable when law enforcement or emergency services
personnel use any means of sound amplification in the conduct of their
duties.
C.Â
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, assistance animal, or support animal as defined by the Americans
with Disabilities Act (ADA). (Note: If this definition is met, 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 or handler. Special event approval 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 from the sponsor of the event, with the exception
of events sponsored by the City of Warren or the City of Warren Parks
and Recreation Commission.
[Amended 9-16-2019 by Ord. No. 1937]
D.Â
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.
E.Â
Merchandising, vending, advertising and signs. No person shall, in
a park, recreation, preservation or conservation area:
(1)Â
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.
[Amended 9-16-2019 by Ord. No. 1937]
(a)Â
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.
(2)Â
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;
(3)Â
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, 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 signs within such areas. Directional
or other temporary signs and decorations related to a special event
or pavilion rental may be taped to a tree or structure providing that
such signs, decorations, and tape are removed at the conclusion of
the event; no staples, tacks, or nails may be used.
[Amended 9-16-2019 by Ord. No. 1937]
(4)Â
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 Parks and Recreation Commission;
[Amended 9-16-2019 by Ord. No. 1937]
(5)Â
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.
F.Â
Aircraft. 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, gliders, and drones except in areas or
at times specifically designated for this purpose by permit issued
by the Special Events Committee. The provisions of this subsection
shall not be applicable to military, law enforcement, or emergency
medical aircraft when landing or taking off in association with military,
law enforcement, and/or emergency medical activities.
G.Â
Campers/recreational vehicles/overnight camping/sleeping tents/temporary
enclosures. No person shall park any camper or recreational vehicle
or place sleeping tents or other temporary enclosures in a City park,
recreation, preservation or conservation area for overnight occupancy,
unless provided for in a permit issued by the Special Event Committee.
The Special Event Committee will approve overnight occupancy only
if the overnight stay is integral to the operation of the special
event and/or the overnight occupancy is necessary for the oversight
and protection of equipment or apparatus used during the special event
or if the overnight camping is part of an educational activity for
a youth service organization. If campers, recreational vehicles, camping
equipment, sleeping tents or other temporary enclosures in violation
of this section are not removed within 48 hours after notice is given
to the owner or occupant or placed upon a camper, recreational vehicle,
camping equipment, tent or enclosure, such may be removed by the City
at the owner's or occupant's expense.
H.Â
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.
I.Â
Personal conduct. It shall be unlawful for any person in any park,
recreation, preservation or conservation area to:
(1)Â
Disturb the peace or use profane or obscene language;
(2)Â
Endanger the safety of any person by conduct or act;
(3)Â
Commit any assault, battery or engage in fighting;
(4)Â
Discharge any firearm, rifle, explosive device, arrow, or use any
other weapon.
[Amended 9-16-2019 by Ord. No. 1937]
(6)Â
Carry, possess or use any drugs or controlled substances, excluding
legally prescribed medications;
(7)Â
Interfere with the use of the park, recreation, preservation or conservation
areas by others;
(8)Â
Violate any rule or regulation for the use of such areas enacted
or approved by City Council;
(9)Â
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;
(10)Â
Act in any unlawful, disorderly or disruptive manner or against
the best interests of the area or other people;
(11)Â
Possess any glass container to be used for the consumption of
any beverage or other product; the use of glass serving vessels during
picnics and other special events is allowed.
[Amended 9-16-2019 by Ord. No. 1937]
(12)Â
Bathe, wade, or swim in any fountain, pond, stream, flood control
channel or temporary ponding of flood waters.
[Amended 9-16-2019 by Ord. No. 1937]
(13)Â
Tobacco products.
[Added 11-21-2016 by Ord.
No. 1881; amended 5-21-2018 by Ord. No. 1905; 8-20-2018 by Ord. No. 1909; 9-16-2019 by Ord. No. 1937]
(a)Â
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.
(b)Â
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.
J.Â
Alcoholic beverages. The sale, purchase, attempt to purchase, possession,
and/or consumption of liquor, malt, or brewed beverages or other alcoholic
beverages is prohibited, with the exception of those areas previously
addressed in this chapter.
[Amended 9-16-2019 by Ord. No. 1937]
[Amended 9-16-2019 by Ord. No. 1937]
The City Manager, or his/her designee(s), shall administer the
provisions of this chapter, 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 chapter, and all other decisions relative thereto.
When acts or conduct of individuals or groups is determined to be
in violation of this chapter or rules and regulations promulgated
under the authority of this chapter; 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(s) 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 chapter with the Magisterial District Judge.
[Amended 9-16-2019 by Ord. No. 1937]
Any person violating any of the provisions of this chapter 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 chapter in addition to the imposition of fines or costs.
