[Ord. 2013-09, 4/1/2013, § 1]
This Part shall be known as the "Building and Facility Use Ordinance."
[Ord. 2013-09, 4/1/2013, § 2]
This Part is enacted pursuant to the authority conferred by the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, as amended by the Act of November 9, 1995, P.L. 350, No. 60, § 1, 53 P.S. § 65101 et seq.
[Ord. 2013-09, 4/1/2013, § 3]
Excluding the Centerfield Building and the Welcome Center, the Lower Mount Bethel Township recreation facilities are open and available to the public for general use from dawn to dusk. Any individual or group that is present at Township recreation facilities outside of these times shall be deemed to be trespassing unless they have express authorization from the Township for their presence on the property. The Centerfield Building and Welcome Center are available for use by reservation only, consistent with the terms of this Part.
[Ord. 2013-09, 4/1/2013, § 4]
The following activities are expressly prohibited by members of the public during their use of Lower Mount Bethel Township recreation facilities:
[Ord. 2013-09, 4/1/2013, § 5]
Dogs shall be permitted on Township trails and fields; however, dogs shall be restrained on a leash at all times. Owners shall be responsible for the removal and proper disposal of any fecal matter deposited on Township trails or fields from their dog. Dogs that are considered vicious and have a history of biting or attacking others with or without provocation shall be prohibited from Township trails and fields at all times. Owners shall assume full liability for the behavior of their dogs at all times.
[Ord. 2013-09, 4/1/2013, § 6]
From time to time, the Board of Supervisors receives requests from individuals or groups to utilize the recreation facilities owned by the Township for purposes of holding a private event. The Board of Supervisors of Lower Mount Bethel Township is authorized to establish a user-fee schedule for individuals and groups to utilize the recreation facilities of the Township for private purposes. This fee schedule shall be adopted by Township resolution and may be amended from time to time as the Board of Supervisors deems necessary.
[Ord. 2013-09, 4/1/2013, § 7]
The Board of Supervisors has the right to waive the user fees charged for use of a Township recreation facility at its discretion, upon request by an individual or group.
[Ord. 2013-09, 4/1/2013, § 8]
The Board of Supervisors establishes the following regulations for the rental of Township recreation facilities:
Any individual or group wishing to utilize Township recreation facilities shall make application to the Lower Mount Bethel Township office utilizing the form duly adopted by resolution.
In order to reserve the desired location, an individual or group must present the appropriate application as well as payment in full, including any necessary cleaning deposit, of the user fee established for the particular recreation facility or part thereof. If the recreation facility is available on the date and time requested, the individual or group shall be granted use on the date and time requested.
A cleaning deposit as established in the user fee schedule adopted by resolution shall be made at the time of submission of the application seeking to make a reservation. The deposit shall be held until the recreation facility, or part thereof rented, is inspected after the rental date, found to be in the condition required by this Part and any key that was distributed to the lessee is returned to the Township office. The Township shall be authorized to utilize the deposit (or a portion thereof) for any costs or expenses incurred by the Township should the recreation facility not be returned in a condition required by this Part or if the key(s) is not returned and the lock must be re-keyed.
All lessees shall be responsible to clean up and appropriately dispose of any refuse accumulated as a result of their event. All decorations and equipment shall be removed by the lessee. The tables, chairs, and floors of the Township's recreation facility shall be free of damage, food and beverages and shall be cleaned to pre-event standards by the lessee. The building structure and fixtures shall be free and clear of damage following completion of the rental.
All applicants for recreation facility use shall sign a use agreement, which shall also contain a hold harmless clause, where the applicant and all invitees of the applicant shall hold Lower Mount Bethel Township harmless for any and all liabilities associated with the use.
Where required in the sole and absolute discretion of the Township, the individual or group shall provide proof of insurance for each use, including a designation of Lower Mount Bethel Township as an additional insured, and evidence of such insurance shall be provided to the Township before the date of the event or any keys are delivered to the applicant.
All lessees and their guests shall adhere to the established rules and regulations established by this Part for use of Lower Mount Bethel Township recreation facilities.
The Board of Supervisors reserves the right to refuse rental to any individual or group based upon previous violations of this Part or for any reason that is deemed to be in the best interest of the Township, in the sole and absolute discretion of the Board of Supervisors.
If an applicant rents a pavilion, the Township office shall place a reserved sign with the date and applicant's name at the pavilion to notify others of the reservation but will have no responsibility to ensure that the "reserved" sign remains affixed to the pavilion. If bathroom facilities are not located at the Township recreation facility, it will be the applicant's responsibility to provide a portable toilet for their guests' use. (The foregoing sentence is not intended to obligate the Township to provide for bathrooms above and beyond those which may exist at any Township recreation facility from time to time.) Rental of the pavilion at the Centerfield Building does not grant entry to the building itself for use of the bathrooms.
If an applicant rents a space in one of the Township recreational buildings, the key may be picked up from the Township office the last business day before the event. The key shall be returned within three business days following the event. If the key is not returned, the Township office shall contact the applicant and remind him or her of their obligation. If the key is still not returned after a period of 10 days, the Township office shall make arrangements to re-key the building at the applicant's expense.
The Township reserves the right to cancel an established reservation if the needs of the Township require use of the space that has been reserved, or if it deems cancellation to be in the best interests of the Township. Upon cancellation, the applicant's fee and, if applicable, cleaning deposit shall be returned promptly to the applicant.
Any individual or group utilizing a recreation facility for the purpose of a public display of a movie shall provide the Township with a properly obtained use license.
The parking lots of any recreation facility shall not be rentable and are for the purposes of parking for the scheduled event only.
The walking trails and paths of the Township are not rentable recreation facilities.
[Ord. 2013-09, 4/1/2013, § 9]
The Board of Supervisors of Lower Mount Bethel Township hereby authorizes the Township Solicitor to institute the necessary litigation to obtain judgment and recover monies against an individual or group for damages to Township recreation facilities as a result of a violation of this Part or as a result of an individual or group engaging in abusive, negligent, or inappropriate behavior that results in the destruction of Township property. The foregoing authorization shall not be interpreted to limit the Township from pursuing any and all other available remedies, at law or in equity, for any violation of this Part.
[Ord. 2013-09, 4/1/2013, § 10; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution, including reasonable attorneys' fees and court costs, for each separate offense and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. The Township Solicitor's office may assume charge of the prosecution without the consent of the District Attorney as required under the applicable Pennsylvania Rules of Criminal Procedure relating to trial in summary cases. All fines and penalties collected for any violation of this Part shall be paid to the Township and delivered to the Township Treasurer for deposit.
The Township, by means of other appropriate legal proceeding, including a complaint in equity, may compel any person to comply with the above rules and regulations, or seek any such other relief as any court of competent jurisdiction is empowered to afford.