[HISTORY: Adopted by the Mayor and Council of the Town of Middletown 7-7-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 34.
Animals — See Ch. 39.
Curfew — See Ch. 55.
Firearms — See Ch. 69.
Public gatherings — See Ch. 82.
Loitering and prowling — See Ch. 92.
Skates, skating and bicycling — See Ch. 140.
All Town parks shall be open for public use on a year-round basis unless limited by appropriate Town regulation or ordinance.
No persons are permitted in any park during the hours of darkness, except in those areas designated for extended-use activities or unless written permission is obtained from the Town for after-dark programs.
The Town may temporarily close or curtail activities upon any parklands or any portions thereof when it has been deemed necessary to be in the best interest of public safety, conduct, health or order.
Swimming is prohibited in all parks except in facilities expressly designated for that purpose. Personal bathing is prohibited. Swimming is permitted only during park hours with lifeguard service provided by the Town. Authorized lifeguards shall have the authority to enforce and expel any or all persons violating any safety rules posted at the swimming facilities. Animals within any swimming area are prohibited, except that such prohibition shall not apply to support animals as described under 6 Del. C. § 4501(3) or Seeing Eye dogs, as provided for under 31 Del. C. § 2117.
No person shall ride in or drive any motor vehicle which is self-propelled upon any parkland, except upon the roads or on areas which are designated and provided for such purposes. It is prohibited for any person to commit any act by use or operation of any motor vehicle on any parkland which, if committed upon a public highway or street in the state, would be prohibited and unlawful. Speed limits within all parks shall be 15 miles per hour unless otherwise posted. No one shall test or repair any vehicle or mechanical device in any park. There shall be no parking at any time except in areas designated for such purposes.
No person shall, without written permission of the Town, erect, paint, paste or otherwise affix or distribute any signs, advertisements or circulars on park property. The sale of anything or the solicitation of funds or donations within any park is forbidden, except upon permission of the Town.
The consumption or possession of intoxicating liquors or beverages and/or dangerous or narcotic drugs, or gambling of any kind is prohibited in any park.
No person shall cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure or foul any stream or dump any earth, rubbish or other substances or material in or upon any park without written permission of the Town.
A. 
No person in any park shall make or kindle any open fire except in fireplaces and grills provided for this purpose or in private safe portable grills.
B. 
Grills provided for public use shall be on a first-come, first-served basis.
No person shall, in any park, set a trap or snare or shoot, injure, annoy, disturb or poison any wild animal or bird or injure or destroy any nest.
A. 
No person in a park shall engage in a fight with another or use any language which would constitute obscenity under state law or language calculated to provoke an immediate, violent response from another.
Horses, cattle, livestock and domestic animals of any kind are prohibited in any park, except a dog or cat on a leash under control of a person is permitted. Horseback riding is prohibited, except on facilities expressly designated for that purpose. This prohibition shall not apply to support animals as described under 6 Del C. § 4501(3) or Seeing Eye dogs, as provided for under 31 Del. C. § 2117.
No person shall carry a knife upon his or her person having a blade three inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, bow and arrow or any other type of lethal weapon in any park.
No entertainment, demonstration or exhibition shall be given in any park except under the supervision of Town personnel or with the written permission of the Town.
Permits for playing league or casual athletic games on park fields or courts may be secured on a first-come, first-served basis from the Town. All permits that are granted must be produced upon demand, in order to avoid conflicts in the use of the facilities.
Reservation permits for group picnic shelter facilities in parks may be obtained for a nominal fee from the Town.
All of the sections of this chapter requiring written permission require that such permits must be carried and produced upon demand.
The employees of the Town, as well as duly authorized police officers, are authorized to enforce this chapter.
[Amended 12-3-2007]
Any person violating any of the sections of this chapter shall be subject to a fine of $75.
Justices of the Peace shall severally throughout the county have jurisdiction of violations of the rules and regulations of the Town with the condition that any person arrested for such violation shall be taken before the closest available magistrate in the county where such violation is alleged to have occurred.
All statutes, including penalties of the state and all Town and New Castle County ordinances have full force and effect upon all Town parklands.