[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.
A.
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:
A.
Use threatening, abusive or insulting language.
B.
Do any obscene or indecent act.
C.
Throw stones or any sharp object such as javelins, arrows, spears,
etc.
D.
Interfere with, encumber, obstruct or render dangerous any public
way, path, walk or public place.
E.
Do any act tending or amounting to a breach of the peace.
F.
Climb or stand upon any fence, shelter, seat, support, statue or
other structure (except playground equipment designated for climbing
and standing).
G.
Be in possession of or discharge any and all types of fireworks,
firecrackers or torpedoes without the expressed written authorization
of the Borough.
H.
Engage in, instigate, aid or encourage a contention or fight.
I.
Assault any person.
J.
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.
K.
Solicit gifts or contributions for any purpose without permission
of the Borough Council and the required permit.
L.
Possess or consume alcoholic beverages without permission of the
Mayor, and/or, in his absence, the Borough Council President, and
the required permit.
M.
Be under the influence of intoxicating alcoholic beverages.
O.
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.
P.
Hold private functions: No public fund-raising events, except for
the South Waverly Fire Department, shall be permitted.
Q.
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.
R.
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.
S.
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.
T.
Ride, drive or bring any horse upon any Borough property. This is
strictly prohibited.
U.
Allow pets in Borough Park.
[Amended 7-1-2019 by Ord. No.
7-1-19-01]
(1)
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.
(2)
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.
V.
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.
(1)
Exception: For special approved events, the park is closed from 11:00
p.m. to 6:00 a.m.
W.
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.
X.
Hit golf balls in the park.
A.
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.
B.
Public gatherings.
(1)
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.
(2)
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.
(3)
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.
A.
The area that is covered with wood chips and stone around the playground
shall be considered the "Richard L. Bentley Playground."
B.
The following specific rules apply to any person or persons on or
within the playground area:
(1)
No smoking.
(2)
No littering.
(3)
No bikes, skateboards, skates, in-line blades (roller blades).
(4)
No bare feet.
(5)
No glass containers.
(6)
No alcoholic beverages.
(7)
No pets.
(8)
With no exception, the playground shall be closed from sunset to
sunrise each day.
(9)
The playground shall always be open to the general public and cannot
be reserved by any individual or organization.
A.
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.[1]
[1]
Editor's Note: Said rental agreement is on file in the
Borough offices.
B.
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.
C.
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.
D.
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.
E.
Renters which require a permit will be responsible for the coordination
of traffic control and parking with the Sayre Borough Police Department.
F.
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.
G.
Application.
(1)
A person or group seeking issuance of a permit hereunder shall file
an application with the Borough Manager or Borough Council President.
(2)
The application shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
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.
H.
The Borough Council may waive the requirements for a permit for any
organized and officially sanctioned Borough event.
A.
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.
B.
The Borough Council may, as it deems necessary, establish other rules,
fees or procedures governing the use of park facilities, by resolution.
A.
The Sayre Borough Police Department shall diligently enforce the
provisions of this chapter.
A.
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.
B.
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.
C.
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.
A.
The South Waverly Borough Council creates a Recreation and Park Board
to supervise and maintain recreation places in the Borough.
B.
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.
C.
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.
D.
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.
E.
The members of a Recreation and Park Board, established pursuant
to 53 P.S. § 47710,[1] 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.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 2710.
F.
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.
