[HISTORY: Adopted by the Board of Supervisors
of the Township of Tredyffrin 4-2-1984 by Ord. No. HR-81 (Ch. VI,
Art. 2, of the 1979 General Laws of the Municipality of Tredyffrin.)
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Park Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
- HUNTING
- Any act or furtherance of the taking or killing of any game
or wildlife, or any part or product thereof; stalking, driving, pushing,
pursuing, lying in wait, trapping, shooting at, including shooting
at game or wildlife facsimile, or wounding with any weapon or implement;
or using any personal property, including dogs, or the property of
others, of any nature, in furtherance of any of these purposes; or
aiding, abetting or conspiring with another person in that purpose.[Added 8-20-2001 by Ord. No. HR-300]
- PARK
- Includes playgrounds.
[Amended 10-18-1993 by Ord. No. HR-215; 6-1-1998 by Ord. No. HR-270]
A.
No person shall be permitted in a Township park except between the hours of 6:00 a.m. and dusk, unless a permit has been issued by the Park and Recreation Board, as hereinafter provided in Subsection Q, or unless lighting has been installed for nighttime activities. In parks where lighting has been installed, the 6:00 a.m. to dusk hours may be extended as late as the facilities remain lighted, but in no case later than 11:00 p.m.
B.
No person shall enter or leave a Township park except
by entrances and/or exits provided for such purposes.
C.
No person shall enter or use a toilet in a Township
park set apart for the use of the opposite sex.
D.
Distribution or consumption of beer, ale, other alcoholic
or intoxicating beverage, or controlled substance (such as are now
defined or may later be defined by federal, state or Township law,
act or ordinance) is strictly prohibited in any and all Township parks.
E.
No gambling or gambling device is permitted in any
Township park.
F.
No abusive, threatening, indecent or profane language
and/or conduct that is publicly inappropriate and/or annoying to others
using Township park facilities shall be permitted.
G.
No person or persons shall be permitted to solicit
money, or promise for same, within the confines of a Township park.
H.
Excrement disposal and leash requirements. In all Township parks,
owners or handlers shall be responsible for prompt and complete removal
of their animal's excrement. No animals owned or possessed by people
shall be permitted to run loose or otherwise uncontrolled within the
confines of a Township park. Any animal while in the confines of a
Township park must be under actual physical control in the form of
a physical leash, harness, and/or similar device at all times, except
that dogs that are responsive to voice command and control of their
owner or handler are permitted to be off-leash in areas of Township
parks designated for off-leash activities as posted by the Township
with signage, subject to strict compliance with each of the following
regulations:
[Amended 10-18-2010 by Ord. No. NR-385; 11-7-2018 by Ord. No. HR-425]
(1)
Annual registration. As a condition to the applicability of the exception
provided herein, each owner or handler seeking to have a dog off-leash
shall register each dog with the Township's Parks and Recreation Department
pursuant to registration forms promulgated by the Township and shall
pay the required annual registration fee set by the Township per its
fee schedule. In connection with registration under this subsection,
an applicant will be required to provide evidence of current vaccinations
and a valid license under the rules of the Pennsylvania Department
of Agriculture, Bureau of Dog Law Enforcement.
(2)
Registration tag. Any owner or handler availing himself or herself of the exception provided in this section shall cause any dog registered per Subsection H(1) above to wear on its dog collar the tag issued by the Township in connection with the registration required by Subsection H(1) above at all times that such owner or handler's dog is off-leash.
(3)
Time restrictions.
(a)
Subject to Subsection H(3)(c) below, between the third Sunday of March and the third Sunday of November, dogs otherwise satisfying the requirements of this Subsection H shall be allowed off-leash only between the hours of dawn and 4:00 p.m. on Monday through Friday, between the hours of dawn and 8:30 a.m. on Saturday, and between the hours of dawn and 11:30 a.m. on Sunday.
(c)
All dogs shall be under actual physical control in the form
of a physical leash, harness, and/or similar device at any time there
is a league-related athletic activity occurring at one of the athletic
fields.
(4)
Voice command and control. Each off-leash dog shall at all times
be under the voice command and control of its owner or handler and
shall at all times be wearing a collar or harness.
(6)
In the event that the Township receives a report of aggressive or dangerous behavior of a dog registered in accordance with Subsection H(1) above, or in the event of any other violation of this section, in addition to the penalties set forth in § 138-7 of this chapter, the Township shall have the right to revoke the permit issued pursuant to Subsection H(1) above.
I.
Vehicles.
(1)
No person shall drive, operate or park any vehicle
(motor or self-propelled) in any portion of a Township park except
in spaces specifically set aside and marked for parking purposes;
and no person shall occupy a parked motor vehicle after dark within
a Township park except with the exterior parking lights and interior
lights turned on and in operation.
(2)
Except where specifically allowed by designation,
the use and operation of go-carts, dirt bikes, all-terrain vehicles,
skateboards, aircraft (including but not limited to ultra-light planes
and hot-air balloons), and/or other motorized devices employing wheels
and/or blades of any kind (metal, wooden, plastic, rubber, etc.) are
strictly prohibited on Township park basketball courts, tennis courts,
volleyball courts, picnic areas, ball fields, paved trails, or any
open space area of any Township park.
[Amended 6-1-1998 by Ord. No. HR-270; 10-18-2010 by Ord. No. HR-385]
(3)
Authorized
motor vehicles.
[Added 10-18-2010 by Ord. No. HR-385]
(a)
Only authorized motor vehicles may be driven upon any sidewalk, walking
path, trafficway, field, grass or wooden area within any Township
park. Authorized motor vehicles include all Township-owned vehicles
and equipment (police vehicles, off-road ATVs, maintenance vehicles,
trucks, lawn care equipment, backhoes, and any motorized units operated
by Township employees), fire and EMS vehicles, and any vehicle or
equipment that has written authorization from the Township.
(b)
Where a permit or authorization has been issued to a motor vehicle
for the purpose of loading and unloading equipment for special events,
such vehicle may only engage in loading/unloading for the special
event and are not authorized to park or stop in any other area in
the Township park except duly designated public parking areas.
J.
No person, other than Township active duty police
officers employed in the execution of their duties, shall carry or
possess or discharge or use firearms or weapons of any type in a Township
park.
[Amended 6-1-1998 by Ord. No. HR-270]
K.
No person or persons shall scatter, drop or leave
any paper, rags, garbage, dead flowers and plants, grass cuttings,
tree limbs, glass, metal or plastic cans and/or containers or any
other rubbish anywhere within a Township park except in receptacles
provided for such purposes. Grass clippings, brush and other debris
from private property may not be discarded or otherwise placed anywhere
on Township park property, including trash receptacles.
L.
No person shall injure, damage or otherwise deface
any buildings, structures, fences, bridges, monuments, playground
equipment or other property (permanently or temporarily erected or
placed) in a Township park; or climb a tree or break, cut down, trample
upon, remove or in any manner injure or damage any ornament, rock,
stone, tree, plant, shrub, fern, blooms, blossom, flower or turf;
nor shall any person foul and/or otherwise contaminate any stream
of water in any Township park at any time.
M.
No person shall injure, deface or destroy any public
signs, ordinances or other official Township notices posted in a Township
park.
N.
No advertisement, placard or notice, except official
authorized notices, shall be posted and/or distributed in a Township
park.
O.
No person shall light or permit a fire to burn in
a Township park except in a proper fireplace (permanent or portable)
provided for such purposes. All fires must be constantly attended,
and responsibility for such fires shall be solely that of the person
or persons starting and/or using the fire.
P.
The playing of golf or the hitting of golf balls is
strictly prohibited at all times in any Township park, except at the
Wilson Park putting surface/green which is to be used exclusively
for putting. Putting is the striking of a golf ball on the surface
of the green to roll the ball into the hole or cup. Chipping, driving
or the hitting of the golf ball into the air on or near the putting
surface/green is prohibited.
[Amended 4-4-2005 by Ord. No. HR-338]
Q.
Use of a Township park for any of the following purposes
is prohibited, unless a permit is first obtained from the Township
Park and Recreation Board, or its designate for such permit issuance,
as hereinafter provided:
(1)
Sales of merchandise of any kind.
(2)
Use of fireworks, other explosives.
(3)
Musical, theatrical or other entertainment.
(4)
Overnight camping.
(5)
Parties, gatherings and/or sporting activities in excess of 15 persons for any purpose whatsoever at such specific times as may be designated by resolution of the Township Park and Recreation Board pursuant to the powers vested in it pursuant to § 138-5 below.
[Amended 10-18-2010 by Ord. No. HR-385; 12-15-2014 by Ord. No.
HR-406]
(6)
Hunting.
[Added 8-20-2001 by Ord. No. HR-300]
(7)
Any
individual, group, company or organization who charges a fee from
its participants must obtain a field/facilities usage permit regardless
of the number of participants in the program, clinic, seminar, class
or camp.
[Added 10-18-2010 by Ord. No. HR-385]
R.
Placement
of any unauthorized item, including but not limited to sporting equipment,
shrubs, or plantings is prohibited in any Township park. Authorization
must be obtained from the Tredyffrin Township Park and Recreation
Board prior to any installation on Township park property.
[Added 10-18-2010 by Ord. No. HR-385]
S.
Tobacco
products.
[Added 10-19-2020 by Ord. No. HR-439]
(1)
The
use of a tobacco product in a park, recreation ground, or open space
owned and operated by the Township shall be prohibited.
(2)
For
purposes of this subsection, the term "tobacco product" shall include
the following:
(a)
Any product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed or ingested by any
other means, including, but not limited to, a cigarette, a cigar,
a little cigar, chewing tobacco, pipe tobacco, snuff and snus.
(b)
Any electronic device that delivers nicotine or another substance
to a person inhaling from the device, including, but not limited to,
electronic nicotine delivery systems, an electronic cigarette (vaping),
a cigar, a pipe and a hookah.
[Amended 10-18-1993 by Ord. No. HR-215]
The Police Department shall enforce the regulations
herein set forth and shall exercise general supervision over persons
and property in all Township parks.
[Amended 10-18-1993 by Ord. No. HR-215]
The Township Park and Recreation Board shall
have general supervision of all Township parks, and all maintenance
thereof, including replacements of property and equipment therein.
The Board shall be responsible for the cleanliness of the Township
parks or the general public health and welfare. In view of the fact
that the Township parks and playgrounds have been acquired and are
maintained primarily for the use of residents of the Township, the
Board of Supervisors, Park and Recreation Board or any person or persons
so designated shall have the right to control access to those park
and playground areas.
[Amended 4-2-1990 by Ord. No. HR-143; 10-18-1993 by Ord. No. HR-215]
Permits for use of Township park(s) shall be
issued in behalf of the Township by the Township's Park and Recreation
Board. The Township, upon recommendation from its Park and Recreation
Board, may enact a fee schedule for such permits. All moneys received
from these fees will be entered into the Township's general fund and
be designated for Township park maintenance and improvements, appropriate
Township-sponsored recreation programs held within the confines of
its parks, or at other sites and facilities approved by the Township,
and for the general fund of the Township.
[Amended 10-18-1993 by Ord. No. HR-215]
A.
Any person who violates or permits a violation of
this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000, plus all
court costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. Each day a violation
exists shall constitute a separate offense. In default of the payment
of any fine, the defendant shall be sentenced to imprisonment to the
extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek any other available relief at law or equity, including injunction,
to enforce compliance with this chapter.
[Amended 10-19-1998 by Ord. No. HR-278; 10-2-2000 by Ord. No. HR-290]
B.
Parents and/or legal guardians of person(s) less than
18 years of age will be held liable for any/all fines assessed, and/or
damages incurred by those persons to Township park properties.