[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 2-4-2019 by Ord. No. 2-4-19. Amendments noted where applicable.]
This chapter is enacted to establish rules and regulations for the protection, care and control of the public parks and playgrounds in the Borough under the jurisdiction of the Borough and to regulate the conduct of persons on or within such parks and playgrounds or using the facilities thereof, and, in addition, during park activities, to not obstruct the public streets, to not inhibit the ability of the municipality to respond to public emergencies, and to not block, obstruct, or limit access to private property.
The park shall be closed from sunset to sunrise each day (pole lights on means the park is closed), except for unforeseen emergencies and officially sanctioned, authorized and supervised Borough events and activities permitted in writing by the Borough Council of the Borough of South Waverly, Bradford County, Pennsylvania. The provisions of this section shall also apply to any adjacent parking lot areas.
Exception for special approved events. The park shall be closed between the hours of 11:00 p.m. and 6:00 a.m., and said hours will not apply to the adjacent parking lot.
It shall be unlawful for any person on Borough property hereof to:
Use threatening, abusive or insulting language.
Do any obscene or indecent act.
Throw stones or any sharp object such as javelins, arrows, spears, etc.
Interfere with, encumber, obstruct or render dangerous any public way, path, walk or public place.
Do any act tending or amounting to a breach of the peace.
Climb or stand upon any fence, shelter, seat, support, statue or other structure (except playground equipment designated for climbing and standing).
Be in possession of or discharge any and all types of fireworks, firecrackers or torpedoes without the expressed written authorization of the Borough.
Engage in, instigate, aid or encourage a contention or fight.
Assault any person.
Participate in betting, raffles, gambling or gaming or use or operate any slot machine or gaming table or other gambling instrument or sell fortunes without written approval of the Borough Council and the required permit.
Solicit gifts or contributions for any purpose without permission of the Borough Council and the required permit.
Possess or consume alcoholic beverages without permission of the Mayor, and/or, in his absence, the Borough Council President, and the required permit.
Be under the influence of intoxicating alcoholic beverages.
Give entertainment of any kind or transact business of any kind or hold public meetings or assemblies without permission of the Borough Council, if said activity will involve in excess of 150 participants for the event, and the required rental agreement.
Hold private functions: No public fund-raising events, except for the South Waverly Fire Department, shall be permitted.
Post, paint or affix or erect any sign, advertisement, banner or any other matter for attracting attention. No sign may be affixed or erected by piercing the surface of any structure, except for such signs as may be erected, posted or otherwise displayed for traffic control or rules of the park or other such signs that may be placed to ensure the safe use of the parks, as authorized by the Borough Council.
Possess, discharge or otherwise use any type of knife, bow and arrow, slingshot, or any other dangerous instrument that is capable of inflicting physical harm to another unless said weapon is permitted or lawfully possessed and is properly secured and locked in a motor vehicle in the Borough parks. The carrying of the above stated weapons in the Borough parks is expressly prohibited. This chapter will not prohibit firearms.
Kill, injure or disturb any animal or bird or damage any grass, trees or shrubs or damage or deface any structure, building or equipment upon any premises under the jurisdiction of the Borough.
Ride, drive or bring any horse upon any Borough property. This is strictly prohibited.
Allow pets in Borough Park.
[Amended 7-1-2019 by Ord. No. 7-1-19-01]
No pets shall be allowed in the Borough Park, except that service animals may be permitted in the park, provided that they are restrained by a leash not exceeding six feet in length and led or controlled by a person capable of controlling the service animal. The person in control of the service animal shall be responsible for the removal of any feces deposited by the service animal in the Borough Park, parking lot, adjoining sidewalk or right-of-way. The feces shall not be disposed of on Borough property, or in any Borough waste receptacle.
Service animals are not included in the definition of pets. Service animals are permitted in the entire park area, including the designated playground area. "Service animal" means any dog 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. Emotional support, well-being, comfort, or companionship do not constitute work for purposes of this definition, and accordingly, emotional support dogs are not permitted in the park. Any exception shall require written permission from Borough Council based on special circumstances as determined by Council.
Drive or park any motor vehicle, including minibikes, snowmobiles or other power-driven equipment, on Borough property except in paved roadways and paved parking lots as contemplated without permission of the Borough Council. Borough maintenance vehicles and those of Borough officials and employees and emergency vehicles shall be permitted. No motor vehicles other than police, emergency, fire or maintenance shall be allowed to be in or to be parked in the parking area in the parks from sunset to sunrise or at any other time the parks may be closed to the public. When the pole lights are turned on in the park that will signify that the park is closed.
Exception: For special approved events, the park is closed from 11:00 p.m. to 6:00 a.m.
Ride a bicycle or fly a model airplane or drone in any park or athletic field in such a manner as to interfere with another's enjoyment of the facilities of the park or playground. All combustion-engine-powered models must be equipped with a noise-suppressing muffler only in the designated pet park area.
Hit golf balls in the park.
The Borough Hall and/or outdoor pavilion with adjoining bandstand shall only be for rent to Borough residents and nonresident renters for private events: for example, family reunions, neighborhood reunions, alumni reunions, weddings, anniversary parties, retirement parties, birthday parties, company parties, and clambakes, etc. The park grounds may be used in conjunction with the Borough residents and are not part of the exclusive facilities lease.
The Borough Hall and/or outdoor pavilion with adjoining bandstand shall not be for rent to individuals, groups, or organizations to use the facilities for joint events with other organizations and extend an open invitation to the general public.
The rental agreement for the Borough Hall or the outdoor pavilion with adjoining bandstand does not include the exclusive rental of the playground or the park grounds as they are not part of the lease and may not be used for outdoor displays, booths, motorcycles, motor homes, sales booths, and entertainment booths. The park, Richard L. Bentley Playground, and the walking trails shall remain open to the general public, and can be used by the renter in conjunction with the general public during their lease.
These events are too large for the facilities to safely handle large public gatherings and will deprive the Borough residents of the use of the park facility in conjunction with an allowable private renter's event set forth in the above subsections.
No person shall erect or occupy any tent, stand or other structure in any park or playground without the written permission of the Borough Council, unless done in conjunction with rental of the outdoor pavilion with the adjoining bandstand.
The area that is covered with wood chips and stone around the playground shall be considered the "Richard L. Bentley Playground."
The following specific rules apply to any person or persons on or within the playground area:
No bikes, skateboards, skates, in-line blades (roller blades).
No bare feet.
No glass containers.
No alcoholic beverages.
With no exception, the playground shall be closed from sunset to sunrise each day.
The playground shall always be open to the general public and cannot be reserved by any individual or organization.
All persons, parties or organizations desiring to reserve the Borough Hall and/or outdoor pavilion with adjoining bandstand must contact the South Waverly Borough in order to make arrangements for reservation of the pavilion. A signed rental agreement shall be provided to the Borough for each party renting the pavilion. A copy of said rental agreement is attached to this chapter.
Editor's Note: Said rental agreement is on file in the Borough offices.
All persons, parties or organizations desiring to reserve the pavilion must contact the appointed representative of the South Waverly Borough or their successors. The Borough shall maintain a schedule of events for the outdoor pavilion with adjoining bandstand, and reservations will be on a first-come-first-served basis. When the deposit is paid, the pavilion is considered reserved.
Renters utilizing facilities are responsible for the care of equipment and grounds utilized and the cleaning of the area at the completion of the event.
Renters which require a permit must present a certificate of insurance naming South Waverly Borough as an additional insured and proof of liability insurance, covering injuries to participants during the period the facility is being used, in amounts as determined by the Borough Council based upon probable risk.
Renters which require a permit will be responsible for the coordination of traffic control and parking with the Sayre Borough Police Department.
The use of alcoholic beverages by an organization may be permitted in the park areas by the Borough Mayor and/or in his absence the Borough Council President, except alcohol shall be prohibited on the playground.
A person or group seeking issuance of a permit hereunder shall file an application with the Borough Manager or Borough Council President.
The application shall state:
The name and address of the applicant.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The day and hours for which the permit is desired.
The park or portion thereof for which such permit is desired.
An estimate of the anticipated attendance.
Any other information which the Borough Manager or Borough Council President shall find reasonably necessary to make a fair determination as to whether a permit shall be issued.
The Borough Council may waive the requirements for a permit for any organized and officially sanctioned Borough event.
The Borough Council shall have the right to refuse or cancel the use of any facility by organizations or individuals for reasons of repair, construction or other reasons that may be detrimental to the care and upkeep of the area.
The Borough Council may, as it deems necessary, establish other rules, fees or procedures governing the use of park facilities, by resolution.
The Sayre Borough Police Department shall diligently enforce the provisions of this chapter.
Civil enforcement. Any person, firm or corporation who shall violate any provision of this chapter shall, upon being found in violation thereof, be subject to a civil penalty not to exceed $600 per violation for each day of violation and for violation of each applicable section of this chapter. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure.
In addition, if found in violation, the violator shall be subject to the assessment for court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings.
The Council delegates the initial determination of the chapter violation and service of notice of violation to the Code Enforcement Officer. The Borough may enforce the this chapter in equity in the Bradford County Court of Common Pleas.
The South Waverly Borough Council creates a Recreation and Park Board to supervise and maintain recreation places in the Borough.
The Recreation and Park Board shall have the power to equip, operate and maintain recreation places in the Borough. However, the expenditure of any Borough funds shall only be made with the written consent and approval of the Borough Council.
The Recreation and Park Board shall consist of five members, three of whom shall be residents of South Waverly Borough; one of those members shall also be a member of the South Waverly Borough Council, one shall be the South Waverly Borough Manager. The members shall be appointed by the Council and shall serve no longer than five years, and the terms of the members shall be staggered in such a manner that at least one expires annually.
Members of such Board shall serve without pay. Vacancies in such Board, occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as the original appointments.
The members of a Recreation and Park Board, established pursuant to 53 P.S. § 47710, shall elect their own Chairman and Secretary and select all other necessary officers, to serve for a period of one year, and may employ such persons as may be needed, as authorized by the Council. Such Board shall have power to adopt rules and regulations for the conduct of all business within its jurisdiction.
Editor's Note: See now 8 Pa.C.S.A. § 2710.
The Recreation and Park Board shall not have the power to change the rules and regulations that govern the use of the parks by the public that have been adopted by ordinance by the Borough Council. Only the Borough Council shall have the power to adopt rules and regulations for the operation of the parks.