[HISTORY: Adopted by the Board of Commissioners of the Township of Pocono 10-3-2022 by Ord. No. 2022-07. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Pocono Township Park Ordinance."
The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of Pocono Township and guests who utilize the Township's parks.
This chapter is ordained and enacted under the authority granted by the First-Class Township Code, 53 P.S. § 55101, et seq.
A. 
The use of tobacco products in any form is strictly prohibited in the parks of Pocono Township.
B. 
Tobacco products shall include:
(1) 
Any product containing, made or desired from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, snuffed, dipped, or ingested by any means, including, but not limited to, cigarettes, cigars, chewing tobacco, pipe tobacco and snuff, or dipping tobacco; and
(2) 
Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, electronic cigarettes (e-cigarettes), vape pens, Juul devices, pipes, hookah pipes, or devices and any other similar electronic tobacco device which ignite tobacco and/or emit smoke, aerosol or vapor.
C. 
Any person who violates the provisions of this § 280-4 shall be forced to leave the park and may be fined up to $50 per violation.
A. 
Hours of operation: 10:00 a.m. through sunset.
B. 
Rules and regulations:
(1) 
No dogs or pets allowed in the park. Exceptions can be made for guide dogs/service animals, upon sufficient proof to the Township that the dog or pet is a guide dog or service animal.
(2) 
All facility usage requires an approved and executed Pocono Township rental agreement. Reservations can be made at the Township municipal building or via poconopa.gov. Cash payments will not be accepted at the park. Pavilion and field rentals are on a first-come, first-served basis.
(3) 
The rental applicant or designee, known to and approved by Pocono Township, is required to be on site during the entire event, including preparation and cleanup/take down. The group/designee is responsible for damage to the park or equipment caused by members of that group/designee. Groups are to utilize only the facility to which they have been assigned. Pocono Township reserves the right to reassign a group if the number of attendees exceeds the number allowed on the application. Additional fees will apply.
(4) 
All events that are to be advertised as "open to the public" require a written proposal be submitted for review by the Pocono Township Board of Commissioners, or its designee(s). The Pocono Township Board of Commissioners reserves the right to approve, deny, or amend said proposals. Fees for such events will be determined on a case-by-case basis as part of the review/approval process.
(5) 
All decorations or alterations to the facility must be cleared with Pocono Township's park supervising employee in advance of the scheduled activity. No confetti or glitter is allowed in pavilions or on park property.
(6) 
Playground equipment and other public spaces (i.e., restrooms, parking areas, etc.) are to be shared.
(7) 
Cars and trucks are not permitted to operate on park premises, other than on roadways or in parking lots.
(8) 
Trash and recyclables are to be placed in proper containers.
(9) 
Picnic tables or other items are not to be removed from a pavilion.
(10) 
Open fires are not permitted. Additionally, fireworks are not permitted on park ground.
(11) 
No smoking, e-cigarettes, or other tobacco products permitted in the park.
(12) 
No alcoholic beverages or drug use allowed in the park.
(13) 
No glass bottles allowed in the park.
(14) 
No motorized vehicles, ATVs, hoverboards, Segways®, etc., allowed in the park.
(15) 
Remote controlled aerial vehicles (drones) are allowable in safe open areas of the park and must be cleared or approved with Pocono Township's park supervising employee in advance of operation.
(16) 
Digging or penetrating of ground or surface is prohibited.
(17) 
Moon Bounce equipment or play bounces are not permitted.
(18) 
Failure to appropriately use designated bathroom facilities will result in banishment from the park and may result in prosecution (ie., indecent exposure/public urination).
(19) 
Refunds for canceled use. Must cancel 30 days' prior to reserved date for a full refund.
(20) 
Failure to comply with all park rules and regulations could result in banishment from the park and/or legal action and forfeit of the rental fee for park facilities.
(21) 
Pocono Township's park supervising employees have the authority to act upon and enforce specific situations not covered above. In all cases, Pocono Township has the final decision.
(22) 
Park closes promptly at 8:00 p.m. Gate is locked shortly thereafter.
(23) 
Buses are not allowed on park grounds. Should an individual or group seek a waiver of this rule to temporarily permit the presence of buses in the park, such request shall be made, in writing, to the Board of Commissioners for consideration in advance.
(24) 
Multiple pavilion reservations by one individual for the same date are not permitted.
A. 
Hours of operation:
(1) 
Playground: 8:00 a.m. through sunset;
(2) 
Basketball court: 8:00 a.m. through 9:00 p.m.; and
(3) 
Dog park: 8:00 a.m. through sunset.
B. 
Rules and regulations:
(1) 
Use of playground equipment is at one's own risk; adult supervision is required.
(2) 
Parking lot use is for park users only.
(3) 
Anyone damaging or defacing property or violating park rules will be prosecuted.
(4) 
The below-listed activities are specifically prohibited:
(a) 
Buses and bus groups at TLC Park;
(b) 
Destructive or disorderly conduct;
(c) 
Smoking, e-cigarettes, other tobacco products, drug or alcohol use;
(d) 
Littering or dumping;
(e) 
Use of weapons, fireworks, or explosive devices on park property;
(f) 
Glass containers;
(g) 
Pets, except for designated dog park area;
(h) 
Dogs must be leashed outside the dog park;
(i) 
Sound amplification systems; and
(j) 
Commercial vehicles or overnight parking.
(5) 
Basketball court:
(a) 
Anyone damaging or defacing property or violating park rules will be prosecuted;
(b) 
No rough play, yelling or profanity;
(c) 
Trash must be disposed of in designated containers;
(d) 
No skateboarding or rollerblading; and
(e) 
All participants must vacate court by 9:00 p.m.
(6) 
Dog park:
(a) 
Use of this dog park requires preregistration with Pocono Township;
(b) 
Use of dog park is at one's own risk;.
(c) 
Owners are legally responsible for the behavior and supervision of their dog(s) at all times;
(d) 
Handlers are limited to a maximum of two dogs;
(e) 
Dogs must be leashed while entering and exiting the park;
(f) 
Dog waste must be cleaned up by their owners immediately and disposed of in the receptacles provided;
(g) 
Dog handlers must be a least 16 years of age and children under 16 must be accompanied by an adult at all times;
(h) 
Aggressive dogs must be removed and leashed immediately;
(i) 
Dogs should be under voice control;
(j) 
Dogs shall be licensed and up-to-date on all shots; and
(k) 
Specific prohibitions include:
[1] 
Human and dog food/treats;
[2] 
Glass containers;
[3] 
Dogs in heat;
[4] 
Animals other than dogs;
[5] 
Smoking;
[6] 
Sick dogs;
[7] 
Aggressive dogs;
[8] 
Dogs under four months old; and
[9] 
Professional training of dogs.
A. 
It is the policy of the Township, in the exercise of its police powers for the protection of the public health, safety and general welfare and for the maintenance of peace and good government, to assure equal opportunity for full enjoyment and use of park facilities to all persons, free from restrictions because of race, color, sex, marital status, political ideology or affiliation, age, creed, religion, ancestry, national origin or disability as defined by state or federal law.
B. 
It is a violation of this chapter for any person occupying or using any park or recreation facility for any event, activity or exhibition open to the public, whether or not under a permit and whether or not an admission or entrance fee is charged, to deny to any other person the full use and enjoyment of such park and recreation facility because of race, creed, color, sex, marital status, political ideology or affiliation, age, religion, ancestry, national origin or disability as defined by state or federal law. In addition to other sanctions, any permit issued hereunder to any person who is in violation of this section may be canceled and after notice and hearing, the Manager may order that such person shall not be eligible for any similar permit for access to, or use of, a park and/or recreation facility for a period up to three years.
C. 
Nothing in this section shall prohibit the exercise of constitutional liberties or the use of a bona fide qualification or restriction that does not infringe upon civil rights or civil liberties recognized by federal or state law or Township ordinance.
The rules and regulations contained in this chapter may be enforced by the Township Manager and authorized agents of the Township Manager, who include, without limitation, the Chief of Police of the Township and his or her subordinate officers, animal control officers and duly authorized Department or other Township employees in the performance of their official duties.
A. 
Any person who shall violate any provision of this chapter shall, upon conviction therefor in a summary proceeding, be sentenced to pay a fine or penalty to the Township as follows:
(1) 
For a first offense, the sum of $100 plus costs;
(2) 
For a second offense, the sum of $300 plus costs; and
(3) 
For all subsequent offenses, the sum of $1,000 plus costs.
B. 
In default of payment of said fine or penalty, such person shall be sentenced to a term of imprisonment not to exceed 90 days.