[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 5-15-1995 by Ord. No. 300 (Ch. 93 of the 1982 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Parks and Recreation Board established by the Board of
Commissioners of Muhlenberg Township, Berks County, Pennsylvania.
The Director of Parks and Recreation employed by the Board
of Commissioners of Muhlenberg Township, Berks County, Pennsylvania.
Unless specifically limited, includes all parks, playgrounds,
recreation and open space areas, all other land, property, structures
or facilities, including adjacent water areas, under jurisdiction
of the Board.
Any natural person, corporation, organization of persons,
company, association or partnership.
A.
Parks shall be
open daily to all persons during the hours of 7:00 a.m. until 10:00
p.m. prevailing time except as otherwise posted by the Director.
B.
Parks or any portion
thereof may be closed to all persons at any time by the Director.
Closing may be for any period of time.
C.
No person other
than authorized Township personnel performing their official duty
shall:
Parks shall be used only for the purposes designated
or implicit in their character. Special activities, including but
not limited to skating, flying model airplanes, games, picnicking,
operation of all-terrain and similar vehicles, etc., shall be permitted
only at locations specifically established and posted for such use
by the Director.
[Amended 3-21-2016 by Ord. No. 557]
All permits deemed necessary by the Board to properly regulate
parks shall be granted by the Director upon the following conditions:
A.
A complete application is submitted
on forms provided by the Board at the Customer Service Office or another
designated location by someone over the age of 25.
B.
The use requested is in compliance
and not in conflict with the terms and purposes of this chapter and
all other rules and regulations adopted by the Board and Director.
C.
Applications are accompanied by
any fee required.
D.
The permit holder shall be responsible
for the actions and conduct of other persons participating in the
permitted event.
E.
All permits shall be granted for
a period not to exceed the time or the duration of the anticipated
use and activity. If the anticipated use or activity exceeds the permitted
time or duration, additional fees may be charged to the permittee.
F.
The Parks and Recreation Department
shall have the authority to fix and establish a fee schedule for permits,
accept the amounts of the deposits and prescribe conditions under
which deposits are collected or forfeited.
[Amended 3-21-2016 by Ord. No. 557]
A.
Approval of sale or distribution
of alcohol.
(1)
The Director may approve the
sale or distribution of alcoholic beverages by or to those persons
at the age permitted by the Commonwealth of Pennsylvania for consumption
of alcohol. The aforementioned may be permitted, provided that the
applicant provides:
(a)
Proof of insurance in an
amount acceptable to the Township as an additional insured on such
insurance or agrees to indemnify and hold harmless the Township and
its representatives in respect to the event (which requirement may
be waived by the Director for small family and similar gatherings);
(b)
Copies of any permits,
licenses, and outside agency approvals necessary for the sale or distribution
of alcohol; and
(c)
Emergency contact information
for the applicant and/or operator of the event.
(2)
No alcoholic beverages shall
be served to persons under the age of 21 years.
B.
The applicant will demonstrate
to the Township's satisfaction that appropriate mechanisms will be
put into place to ensure orderly conduct, safety of guests and compliance
with all of the foregoing.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A.
Operate a motor vehicle at a speed
in excess of the maximum posted limit or, where no speed limit is
posted, in excess of 15 miles per hour.
B.
Operate a motor vehicle on a road,
lane, trail or area which is posted as closed to vehicles or not intended
to be open for public vehicular traffic, such as a paved trail or
other area that is not a public roadway or parking lot.
C.
Operate a motor vehicle off roads
or outside parking areas except on specially designated or posted
trails and areas.
D.
Operate any unlicensed motor vehicle,
recreational or otherwise, except on designated roads, lanes, trails
or areas set aside by the Director for their use.
E.
Clean, wash, repair or do any
work on any motor vehicle except for emergency repair.
F.
Operate a motor vehicle being
used for business or commerce without specific written approval from
the Director.
[Amended 3-21-2016 by Ord. No. 557]
A.
No person in any park shall park
a motor vehicle, trailer or other equipment at any place except in
designated or posted parking areas; which obstructs an entrance, road,
trail, path, access or exit; or after the daily closing time without
written approval of the Director.
B.
Persons owning vehicles parked
in violation of this chapter are subject to penalties herein or, if
applicable, in other ordinances of the Township, and the vehicles
may be removed at the owner's expense, including storage costs upon
authorization by the Director or a Township police officer.
No person in any park shall:
[Amended 3-21-2016 by Ord. No. 557]
A.
No person in any park shall:
(1)
Bring or allow any dog, cat,
other pet or horse access to any park except where specifically posted
for this purpose. Dogs permitted in posted areas must be secured on
a leash no more than six feet in length.
(2)
Bring or allow any dog to
run at large in any park except in parks designed for such purpose,
such as the off-leash dog park, or leave any pet unattended.
(3)
Train or exhibit animals without
approval by a special permit issued by the Director.
B.
Owners of any pet or animal whether
legally or illegally in any park are responsible for the immediate
removal and proper disposal of fecal matter deposited by the animal.
C.
Guide dogs or other dogs which
are assisting handicapped persons and which are controlled by the
use of a harness or other restraint are exempt from this section.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall hunt, trap, pursue, capture, kill,
intentionally disturb or attempt to do, aid or assist in any of the
foregoing, in any manner, any wildlife of any description, either
game or otherwise, except as may be permitted by licensed trappers
or hunters within specially designated areas upon written approval
by the Director. This permit will be granted only when the Board determines
good administration of the park requires trapping and/or hunting.
This section is not intended to prohibit the activity of legal, licensed
fishing.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A.
Discharge a shotgun, rifle, pistol,
air rifle, slingshot, air gun, archery equipment, firearm or any other
weapon or device that discharges projectiles either by air, explosive
substance or any other force, except for self-defense purposes or
in the defense of another.
B.
Possess any knife, hatchet or
ax unless engaged in an appropriate activity.
No person in any park shall:
A.
Throw, discharge
or otherwise place or cause to be placed in the waters of any fountain,
pond, lake, creek, stream, river or other body of water located 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 such waters.
B.
Litter, dump,
deposit or leave any bottles, broken glass, paper, boxes, cans, dirt,
rubbish, garbage, refuse, trash or other waste material anywhere within
the park except in proper receptacles designated for such purpose
where these are provided. Where receptacles are not provided, all
such materials shall be carried away from the park by the person responsible
for its presence and disposed of properly elsewhere.
C.
Dispose of any
material which was not accumulated during use of a park.
No person in any park shall:
A.
Offer, sell,
distribute, deliver, service or rent any equipment, material or commodity
or otherwise engage in commercial activity without written permission
of the Director.
B.
Announce, advertise,
post, display, distribute printed materials or otherwise call the
public's attention in any way in any park or roads adjacent to any
park without written permission of the Director.
No person in any park shall gamble or conduct
games of chance except with the required state permit and with written
permission of the Director.
[Amended 3-21-2016 by Ord. No. 557]
No person in any park shall:
A.
Build or erect a structure or
memorial or engage in construction or excavation activity without
written permission of the Board.
B.
Mark, cut, remove, damage, destroy
or deface any tree, flower, shrub, turf, plant, rock or other natural
object without written permission of the Director.
C.
Mark, deface, move, remove or
damage a Township structure, facility, equipment, property, fixtures
or appurtenances thereof.
D.
Conduct or participate in an
exhibition, competition, demonstration or organized event without
written permission of the Director.
E.
Possess or use firecrackers or
other pyrotechnic materials without written permission of the Director.
F.
Use any type of chain saw without
written permission of the Director.
G.
Use a noise-producing or -amplifying
device or otherwise make noise in a manner that peace and order are
disturbed or public inconvenience or annoyance is caused.
H.
Endanger the safety of another
person by any conduct or act.
I.
Commit any assault or battery
or engage in fighting.
J.
Use threatening, abusive, insulting,
profane, obscene or blasphemous language or words.
K.
Commit any disorderly, immoral
or illegal act.
L.
Disobey a proper order of a police
officer or employee or agent of the Township charged with upholding
this chapter.
M.
Disobey, disregard or fail to
comply with any rule or regulation, warning, prohibition, instruction
or direction given by an authorized person, posted or displayed.
N.
Depart or land a private or commercial
airplane, helicopter or hot air balloon on any park without express
permission from the Director.
O.
Operate a model airplane, model
rocket or drone in any park without express permission from the Director.
P.
The act of metal detecting, and
subsequently the excavation of supposed material under the surface
of the ground, is strictly prohibited on any established sports field
or on any premier stand of turf under the Parks Department. In any
other area disturbed in the act of metal detecting, the person so
doing shall restore any disturbed area to its prior condition.
The Board and Director are authorized to establish,
collect and waive fees, prepare application forms, issue and revoke
permits and establish additional rules and regulations as deemed necessary
to govern parks.
The Director is authorized to designate any
person to act on behalf of the Director to implement and administer
this chapter.
Nothing in this chapter shall prohibit or hinder
police officers or other emergency personnel from performing their
official duties.
[Amended 3-21-2016 by Ord. No. 557]
Police officers of the Township of Muhlenberg and the Director
or his designee are charged with enforcement of this chapter and of
all other rules and regulations established by the Board or the Director.
[Amended 3-21-2016 by Ord. No. 557]
A.
Any person violating any of the
provisions of this chapter shall be punishable, upon conviction thereof,
by a fine of not less than $100 nor more than $600 and costs of prosecution
or by imprisonment in the Berks County Prison for not more than 90
days, or by both fine and imprisonment. In the event of the imposition
of a fine only, default in payment of such fine and costs of prosecution
shall subject the violator to imprisonment in the Berks County Prison
for not more than 90 days.
B.
Where such violator has removed,
destroyed, damaged, defaced or befouled the park or the contents thereof,
the cost of maintenance, repair or replacement shall be charged to
such person in addition to any fine.
C.
Further use of recreation and
park facilities may be denied to violators of this chapter. This action
may be imposed separately by the Board or Director or in addition
to the imposition of fines and/or costs.
D.
The term "person violating" as
set forth in this section shall mean, in the case of action or activity
by any minor (herein defined as an unmarried person under the age
of 18 years), in addition to such person, the parent, parents or guardian
or any other person having lawful custody and control of such minor
shall be considered separately and individually in violation of this
chapter.
E.
It shall be the duty of the police
officers of the Township, without warrant, forthwith to arrest any
offender against the provisions of this chapter and to take the person
so arrested before a Magisterial District Judge having competent jurisdiction.
