Borough of Homestead, PA
Allegheny County
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[Adopted 6-10-1993 by Ord. No. 1043; amended in its entirety 6-12-2003 by Ord. No. 1145 (Ch. 186, Art. I, of the 1999 Code)]
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
IDENTIFYING INFORMATION
A person's name, street address and telephone number, and if person is a minor or young child, the name, street address and telephone number of the minor or young child's parents.
MINOR
A person under 18 years of age, including a young child.
1. 
Between September 1 and March 31: from 7:00 a.m. to 7:00 p.m. Sunday through Thursday, and from 7:00 a.m. to 10:00 p.m. Friday and Saturday.
2. 
Between April 1 and August 31: from 7:00 a.m. to 10:00 p.m. Sunday through Saturday.
PARENT
A person who is:
1. 
The biological or adoptive parent with whom the young child resides; or
2. 
The biological or adoptive parent who has legal custody of the young child (including both or either parent if custody is shared); or
3. 
The person who is judicially appointed as a legal guardian of the young child; or
4. 
The person who is 18 years of age or older standing in loco parentis, as indicated by the authorization of a person described in Subsection 1, 2 or 3 of this definition for the person to assume the physical care or custody of the young child or as indicated by other circumstances.
PARK OR PARKS
Unless specifically limited, shall be deemed to include all parks, playgrounds, recreation areas, tennis courts, recreation structures and facilities, and also entrances and approaches thereto, now or hereafter owned or acquired by the Borough of Homestead for park or recreational purposes.
PARKING LOTS
Unless specifically limited, parking spaces owned or leased by the Borough of Homestead or the Homestead Parking Authority for the parking of motor vehicles.
PERSON
Any natural person, corporation, organization of persons, company, association or partnership.
PLAY AREA
Areas of a park set aside for play, sports, games or other recreation by the construction or placement of apparatuses (such as swings, slides, climbers), mulch, mats, pits, or courts.
[Added 12-8-2016 by Ord. No. 2016-09]
YOUNG CHILD
A person under nine years of age.
1. 
No person shall possess or use any glass container, receptacle, product or item, other than eyeglasses, sunglasses or protective eyewear, or for the purpose of immediately placing or removing the container, receptacle, product or item into or out of a vehicle parked in any park or parking lot in the Borough of Homestead.
2. 
No person shall be in any park in the Borough of Homestead before or after operating hours unless the person is involved in an organized sporting or recreational activity, or is exercising rights protected by law or the Constitution of the United States or the Commonwealth of Pennsylvania and the Council of the Borough of Homestead has issued a permit for the use of the park.
3. 
No person shall possess or consume alcoholic beverages in any park in the Borough of Homestead.
4. 
No person shall litter in any park in the Borough of Homestead.
5. 
No parent shall permit, suffer or by insufficient supervision or control fail or neglect to prevent a young child of the parent to be in a park in the Borough of Homestead unless the young child is supervised by an adult. It shall be an affirmative defense to a charge of violating this subsection that the parent had arranged for another adult to supervise the young child, but the other adult failed or neglected to do so.
6. 
No parent shall permit, suffer or by insufficient supervision or control fail or neglect to prevent a minor child of the parent to be in a park in the Borough of Homestead before or after operating hours. It shall be an affirmative defense to a charge of violating this subsection that the parent had arranged for another adult to supervise the minor, but the other adult failed or neglected to do so.
7. 
No person who has agreed or undertaken to supervise a young child while in a park in the Borough of Homestead shall fail or neglect to do so.
8. 
No person who has agreed or undertaken to supervise a minor shall permit, suffer or by insufficient supervision or control fail or neglect to prevent the minor to be in a park in the Borough of Homestead before or after operating hours.
9. 
No young child shall be in any park in the Borough of Homestead unless the young child is supervised by an adult.
10. 
No person shall damage any equipment or structures in a park in the Borough of Homestead.
11. 
No person shall smoke in play areas.
[Added 12-8-2016 by Ord. No. 2016-09]
The Borough of Homestead may post signs or other notices at any park or parking lot in the Borough of Homestead giving notice of all or some of the conduct that is prohibited by § 16-102. The failure the Borough to post such signs or notices shall not be a defense to any action or proceeding for violating § 16-102.
1. 
Any person, corporation, partnership, unincorporated association or other legal entity who desires to have exclusive use of any park in the Borough of Homestead for any period of time longer than four hours, or to use the park before or after operating hours, shall apply to the Borough Council for a permit therefor. The application shall state:
A. 
The name, street address, e-mail address, telephone number and fax number of the person, corporation, partnership, unincorporated association or other legal entity that desires to use the park.
B. 
The name, street address, email address, telephone number and fax number of a representative who has authority to communicate with the Borough and bind the person, corporation, partnership, unincorporated association or other legal entity that desires to use the park.
C. 
The purpose for which the park will be used.
D. 
An explanation, if applicable, why it is necessary or desirable to use the park before or after operating hours.
E. 
Proof that the Borough has been insured against any claims arising out of the proposed use of the park.
2. 
Applications shall be filed no later than by noon on the Monday before the regularly scheduled meeting of Council immediately before the date of the proposed use of the park.
3. 
The Borough Council may issue the permit if it determines that the proposed use of the park is in the best interest of the Borough or the Council is required to issue the permit by law.
1. 
Upon observing a minor or young person's violation of § 16-102.2 or 16-102.9 of this Part, or any other person's violation of § 16-102.5, 16-102.6 or 16-102.7 of this Part, the police officer shall determine if it is the person's first known violation.
2. 
Upon a minor or young child's first known violation of § 16-102.2 or 16-102.9 of this Part, the minor or young child shall be orally warned of the violation and shall be required to give identifying information. A written warning of the violation shall be sent to the minor or young child and to the minor or young child's parents in accordance with the identifying information.
3. 
Upon any other person's first violation of § 16-102.5, 16-102.6 or 16-102.7, the person shall be orally warned of the violation and shall be required to give identifying information. A written warning of the violation shall be sent to the person in accordance with the identifying information.
4. 
The Police Department shall retain copies of written warnings issued pursuant to this section.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation of this Part shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this Part in equity in the Court of Common Pleas of Allegheny County.