[Ord. No. 2022-01, 4/11/2022]
This Part shall be known as "The Douglass Township Park Rules and Regulations Ordinance."
[Ord. No. 2022-01, 4/11/2022]
These regulations are established to govern the conduct of the members of the public in parks and recreational facilities established and maintained by Douglass Township and to protect the public property.
[Ord. No. 2022-01, 4/11/2022]
Except where the context clearly indicates otherwise, the following terms used in this Part shall have the following meanings:
MANAGER
The Manager for Douglass Township.
PARK SYSTEM
Any lands or facilities owned by Douglass Township and designated or used by the Township for park or open space purposes.
TOWNSHIP
Douglass Township, Berks County, Pennsylvania.
[Ord. No. 2022-01, 4/11/2022]
1. 
The park system and recreational facilities established, maintained and operated by the Township is open to all members of the public.
2. 
The park system shall be open to the public between the hours from sunrise to sunset of each day unless different hours are established by general or specific notification made by the Manager. The lighted athletic fields at Douglass Park shall be available for use until 10:00 p.m. each day unless otherwise established by the Manager.
3. 
Any section or part of any park or recreational facility may be declared closed to the public by the Manager at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or for certain uses, as the Manager shall find necessary. Any aggrieved party may appeal to the Manager in writing within 10 business days.
[Ord. No. 2022-01, 4/11/2022]
Permits are required for the following purposes:
1. 
Use of recreational pavilions for organized groups of 20 or more.
2. 
Use of athletic fields for organized groups of 20 or more.
3. 
To reserve any area in the park system for use.
4. 
Hunting in designated park system areas.
5. 
Any other purpose as set forth in this Part.
[Ord. No. 2022-01, 4/11/2022]
1. 
Any person or association of persons desiring to obtain a permit shall make request at the Township Building either in person, telephone or website.
2. 
When a fee is required, permits will not be issued until payment is received. The Manager may make periodic or monthly payment arrangements with groups requiring additional department services, with ballfield leagues, and with other groups, where a single payment is not practical for proper accounting procedures established by the Township.
3. 
Permits are issued on a first come, first serve basis; however, priority shall be given to the activities of the Township. Requests for permits can be made the first of February of that calendar year.
4. 
No person under the age of 18 years shall be issued a permit to use the park system.
[Ord. No. 2022-01, 4/11/2022]
The Township shall issue a permit hereunder when it is satisfied that:
1. 
The proposed use will not unreasonably interfere with or detract from the general public's use and enjoyment of the park system.
2. 
The proposed use does not present a substantial or unwarranted safety hazard.
3. 
The facilities desired have not been already reserved.
4. 
The proposed use will not cause damage or injury to property.
5. 
The proposed use complies with all applicable provisions of the Parks & Recreation Rules and Regulations.
[Ord. No. 2022-01, 4/11/2022]
Douglass Township hereby exercises its power to control traffic within the physical boundaries of the park system pursuant to 75 Pa.C.S.A. § 6102(b) and § 6109. In accordance with this authority.
1. 
No person shall:
A. 
Park a vehicle in the park system between the hours of sunset and sunrise unless by permit or written permission from the Manager.
B. 
Operate and stop, stand or park a vehicle upon any roadway or in any parking area in such a manner as to form an obstruction to traffic thereon.
C. 
Drive upon or park upon any lawn in any park unless specifically authorized to do so by the Township.
D. 
Operate and stop, stand or park a vehicle in such a manner as to block or restrict use of a maintenance road, boat ramp, gate, bollard, pavilion access road, or trail.
E. 
Operate a vehicle or park in any place where "No Parking," "Do Not Enter," "Road Closed" or "Authorized Vehicles Only" signs or any sign and/or barricades have been erected that would indicate that the area is not open to the general public without first obtaining permission from the Township.
F. 
Operate or park a vehicle in such a manner as to block the exit or removal of another vehicle.
G. 
Park in an area designated for handicapped persons only without displaying a placard or license plate legally issued to the operator.
H. 
Operate a vehicle within the park system in excess of the speed limits established in Chapter 15, Traffic Regulations, § 15-204.
I. 
Operate a vehicle in any park or place other than park roadways open to the general public except vehicles authorized by the Township for the purpose of park maintenance, improvement, or patrol functions, or to areas set aside as special use areas.
J. 
Operate any vehicle within the park system carelessly disregarding the rights and safety of others or in a manner so as to endanger any person or property.
K. 
Operate any type of mini bike, scooter, dirt bike, ATV, snowmobile or other motorized vehicle that is not authorized for operation on the public highways.
L. 
Wash or make mechanical repairs on vehicles except in cases of emergency.
M. 
Operate a vehicle in a manner that causes damage or injury to turf, lawn, or park property.
2. 
The Motor Vehicle Code of Pennsylvania[1] shall apply to all park roadways within the park system.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
3. 
The Township is hereby authorized to design and issue tickets and to establish, from time to time, by resolution, certain fines or penalties for violation of any provisions of this Part, and may prescribe the place where such fines or penalties of this Part may, in lieu of issuing a citation, issue a notice of violation in such form as is prescribed by the Township. If such fine or penalty is not paid within the time limits prescribed by the Township, the person issuing said ticket shall appear before a district justice or other judicial officer having jurisdiction for the purpose of securing the issuance of a citation for the violation. In any case where the Township has not, by resolution, established a fine or penalty for any violation of this § 16-108, the prescribed violation shall be presumed to be $50 for parking in a designated handicapped parking space and $35 for any other violation.
4. 
The Township is hereby authorized and designated to establish areas which will be subject to the aforementioned parking violations and to provide for the installation of the necessary warning signs, traffic lines and directional devices.
[Ord. No. 2022-01, 4/11/2022]
1. 
No person shall bring any waste, paper, sweepings, ashes, household waste, glass, metal, yard waste, animal waste or carcass, refuse or rubbish or any dangerous or detrimental substance into the park system and deposit the same, either in a receptacle or any other place.
2. 
Nothing in this § 16-109 prohibits trash or waste generated in the park from a picnic or similar activity to be put into receptacles supplied for that purpose.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Tamper with, mar, remove or destroy any official or authorized sign.
2. 
Deposit any bodily waste or fluids in or on any portion of any restroom or similar facility or other public structure except directing into such particular fixtures as may be provided for that purpose.
3. 
Place any bottle, can, rag, cloth, metal, wood, or stone substance in any of the plumbing fixtures in any restroom or similar facility or any other structure.
4. 
Cut, deface, mar, destroy, break, write on or scratch any walls, floor, ceiling, partition, tree, rock, fixture, or furniture.
5. 
Use paper towels, toilet paper, or waste soap in any improper manner.
6. 
Cause damage to any park facilities, including restrooms, buildings, structures, property, or equipment.
7. 
Engage in any form of graffiti activity within the park system.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Cut, remove or destroy any tree, sapling, seedling, bush or shrub, living or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub, or break or remove any branch, foliage, tree or shrub, or pick, gather, uproot, remove or destroy any flower, plant or grass, or chisel, drill or remove any natural stone deposit except with written permission from the Manager.
2. 
Remove or cause to be removed or to dig any sod, earth, humus, peat, boulder, rock, gravel, or sand except with written permission from the Manager.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Pursue, catch, attempt to catch, strike, molest, wound, or kill any bird, animal or reptiles or disturb any nest, lair, den, burrow or the like of any animal, except in such limited areas which the Township may from time to time designate as authorized hunting areas.
2. 
Drive or pursue any wild bird or animal from the confines of the park system.
3. 
Spotlight or use vehicle headlights to view animals except in accordance with the Pennsylvania Game and Wildlife Code[1] and the rules and regulations of the Pennsylvania Game Commission.
[1]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
4. 
Leave or abandon any animal in the park system.
[Ord. No. 2022-01, 4/11/2022]
1. 
Fishing with an appropriate license is permitted in all areas within the park system except those areas specifically posted otherwise.
2. 
Fishing must be done in accordance with the Pennsylvania Fish and Boat Code[1] and the rules and regulations of the Pennsylvania Fish and Boat Commission.
[1]
Editor's Note: See 30 Pa.C.S.A. § 101 et seq.
[Ord. No. 2022-01, 4/11/2022]
1. 
Hunting is prohibited on all property within the park system except in designated area at Goose Run Park.
2. 
Hunting within the park system, where permissible, shall be limited to shotgun, muzzle loader, and archery hunting. Hunting with a rifle is prohibited within the park system at all times.
3. 
Hunting must be done in accordance with the Pennsylvania Game and Wildlife Code and the rules and regulations of the Pennsylvania Game Commission.
4. 
Hunters must be a Douglass Township resident and obtain a permit and sign a waiver at the Douglass Township Building.
5. 
Trapping within the park system is prohibited.
[Ord. No. 2022-01, 4/11/2022]
1. 
No person shall:
A. 
Consume or possess an alcoholic beverage while in or upon property within the park system.
B. 
Enter or remain within the park system while under the influence of alcohol to the degree that they may be a danger to themselves or other persons or property.
2. 
Township Police Department shall confiscate alcoholic beverages in any person's possession while in or upon property within the park system.
[Ord. No. 2022-01, 4/11/2022]
1. 
No person shall:
A. 
Consume or possess any illegal drug, drug paraphernalia or controlled substance, as listed and defined in the act of April 14, 1972 (P.L. 233, No, 64), 35 P.S. § 780-101, et seq., known as the Controlled Substance, Drug Device and Cosmetic Act, while in or upon any property within the park system.
B. 
Enter or remain within the park system while under the influence of any illegal drug or controlled substance to the degree that they may be a danger to themselves or other persons or property.
2. 
Township Police Department shall confiscate illegal drugs, drug paraphernalia or controlled substances in any person's possession while in or upon property within the park system.
3. 
Nothing in this § 16-116 shall prohibit or interfere with the use or possession of a controlled substance pursuant to a lawful order of a practitioner as defined by the Controlled Substance, Drug, Device and Cosmetic Act.
[Ord. No. 2022-01, 4/11/2022]
1. 
Possession of a firearm within the park system shall be in accordance with the Pennsylvania Uniform Firearms Act (18 Pa.C.S.A. §§ 6101, et seq.).
2. 
Discharge of a firearm is prohibited, except in the following circumstances:
A. 
By any law enforcement officer or military personnel while carrying out the duties and responsibilities of his/her position;
B. 
For hunting purposes in designated hunting areas as established by the Township and in accordance with § 16-122 of this Part; or
C. 
In defense of human life or residence or place of business of the person discharging the firearm in accordance with applicable state laws.
3. 
Use or possession of an electric or electronic incapacitation device shall be in accordance with Title 18 of the Pennsylvania Statutes and Consolidated Statutes Annotated.
4. 
No person shall use a firearm or weapon in a manner which places another in fear of imminent serious bodily injury.
5. 
Use or discharge of an air rifle, air gun, paintball gun, BB gun, sling-shot, cross bow, bow and arrow, or any other tension/air-propelled device is prohibited unless in connection with a permissible fishing or hunting activity granted in accordance with these rules and regulations.
6. 
For the purposes of this § 16-117, "firearm" shall be defined in accordance with the Pennsylvania Uniform Firearms Act.
7. 
For purposes of this § 16-117, "weapon" shall mean:
A. 
Any bomb, grenade, blackjack, sandbag, or metal knuckles;
B. 
Any dagger, knife, razor or cutting instrument the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise or the blade is three inches or longer and serves no common lawful purpose; or
C. 
Other implement for the infliction of serious bodily injury which serves no common lawful purpose.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Set or cause to be set on fire any tree, woodland, brush, grassland, or meadow.
2. 
Set or cause to be set on fire any material, item, or property within the park system which is not intended for such purposes.
3. 
Build any fire except:
A. 
Within metal grills.
B. 
Fires in open spaces may be allowed with written approval from the Manager and only in the area designated by the Manager for such purposes.
4. 
Drop, dump, throw or otherwise scatter lighted matches, ashes, burning cigars, cigarettes, tobacco paper or other flammable material.
5. 
Leave fires unattended at any time or not fully extinguished before being abandoned within the park system.
[Ord. No. 2022-01, 4/11/2022]
The possession or discharge of any fireworks or explosives on property within the park system is prohibited, except with written permission from the Manager.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
With the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
A. 
Engage in fighting or threatening, or in violent behavior;
B. 
Make unreasonable noise; or
C. 
Engage in any other behavior which would constitute the offense of disorderly conduct.
2. 
Engage in any form of sexual activity.
3. 
Appear in public in a manner that exposes their genitalia or buttocks.
4. 
Appear in public in a manner that exposes the female breast, including but not limited to topless sunbathing.
[Ord. No. 2022-01, 4/11/2022]
1. 
Dogs, pets and other animals must be under control of the owner at all times either by leash or voice command unless otherwise posted.
2. 
No person shall:
A. 
Permit dogs, cats or other domesticated animal within 100 feet of any picnic pavilion, play equipment or other areas so posted.
B. 
Bring a dog, cat, or other domesticated animal into the park system unless said animal holds a current year's license and up-to-date rabies vaccination tags.
C. 
Ride a horse or pony in a careless, negligent or reckless manner so as to create a nuisance or to endanger the life or property of persons within the park system.
D. 
Ride a horse or pony in a careless, negligent or reckless manner causing damage to a trail or property within the park system.
E. 
Torture, abuse or neglect any animal.
F. 
Fail to remove any feces deposited by dogs or cats.
3. 
Nothing in this § 16-121 or this Part shall prohibit or interfere with the use of guide, signal, or service animals as defined by the Americans with Disabilities Act.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Peddle or solicit business of any nature whatsoever or collect any fund for any service or charity, or distribute handbills or post other advertising matter including unauthorized signs on property within the park system unless first obtaining permission in writing from the Manager.
2. 
Display or post political signs or engage in any form of electioneering on property within the park system except that posting of political signs and materials are permitted within 100 yards of buildings which are officially designated as polling places by the Berks County Board of Elections. Allowable materials may be posted two days prior to an election and must be removed within one day following the election. Any political signs or materials posted in or around the polling place must conform to the Election Code.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Use a loudspeaker, public address system or amplifier within or upon property within the park system without written notice from Manager.
2. 
Play or cause to play any radio, audio device, television or stereo equipment, or similar device, at a volume which is reasonably anticipated to disturb or annoy others.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Use any playground equipment or any other recreational equipment or facility in a manner or for a purpose other than its intended use.
2. 
Ride skateboards, roller blades or any other wheeled or rolling device on playground except for those in wheelchairs or using a wheeled or rolling device for a disability.
3. 
Allow their animal in designated playground area.
[Ord. No. 2022-01, 4/11/2022]
The hitting or putting of golf balls and the playing of golf in any park is prohibited.
[Ord. No. 2022-01, 4/11/2022]
No person shall:
1. 
Enter upon any grounds or enter into any fenced-in area that have been posted by the Township with "No Trespassing" signs or any sign that would indicate that the area is not open to the general public without first obtaining a permit issued by the Township.
2. 
Enter any building or area that is not open to the public.
3. 
Enter upon any construction site or disturb any construction equipment on property within the park system except authorized personnel.
4. 
Enter upon any grounds or any building in violation of an expulsion order issued by the Township.
[Ord. No. 2022-01, 4/11/2022]
1. 
No person shall use any facility, land or area for which a fee or charge has been established by the Township without prepayment of such fee or charge.
2. 
The Township may establish by resolution and, from time to time, revise fees and/or charges associated with use of the park system.
[Ord. No. 2022-01, 4/11/2022]
Any person who violates any provisions of this Part, except for parking violations, shall, for every such offense, upon conviction thereof in a summary proceeding before a magistrate or district justice or other appropriate judicial official, be sentenced to pay a fine not more than $300, as well as the cost of restitution, as applicable, and/or to undergo imprisonment for a term not exceeding 90 days. In addition, such person shall be liable to the full extent for any damage that he or she causes. Furthermore, any violation of this Part may, at the discretion of the Manager or his or her designee, result in an expulsion from all park properties or any portion thereof for a minimum of six months but not to exceed two years depending on the severity of the violation.