[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:
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.
A person under 18 years of age, including a young child.
A person who is:
The biological or adoptive parent with whom
the young child resides; or
The biological or adoptive parent who has legal
custody of the young child (including both or either parent if custody
is shared); or
The person who is judicially appointed as a
legal guardian of the young child; or
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.
Unless specifically limited, parking spaces owned or leased
by the Borough of Homestead or the Homestead Parking Authority for
the parking of motor vehicles.
Any natural person, corporation, organization of persons,
company, association or partnership.
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]
A person under nine years of age.
1.Â
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.Â
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.Â
No person shall
possess or consume alcoholic beverages in any park in the Borough
of Homestead.
4.Â
No person shall
litter in any park in the Borough of Homestead.
5.Â
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.Â
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.Â
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.Â
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.Â
No young child
shall be in any park in the Borough of Homestead unless the young
child is supervised by an adult.
10.Â
No person shall
damage any equipment or structures in a park in the Borough of Homestead.
11.Â
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.Â
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.Â
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.Â
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.Â
The purpose
for which the park will be used.
D.Â
An explanation,
if applicable, why it is necessary or desirable to use the park before
or after operating hours.
E.Â
Proof that the
Borough has been insured against any claims arising out of the proposed
use of the park.
2.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
