[HISTORY: Adopted by the Borough Council
of the Borough of Sayre as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-21-1993 by Ord. No. 699[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. I, General Provisions, adopted 9-11-1972 by Ord. No. 477,
as amended.
[Amended 12-15-2011 by Ord. No. 886]
This article is enacted to establish rules and
regulations for the protection, care and control of the public parks,
playgrounds and band shell in the Borough under the jurisdiction of
the Borough and to regulate the conduct of persons on or within such
parks and playgrounds or using the facilities thereof.
Except for unforeseen emergencies and officially
sanctioned, authorized and supervised borough events and activities
permitted in writing by the Borough Council of the Borough of Sayre,
Bradford County, Pennsylvania, parks and recreation areas shall be
closed from sunset to sunrise each day. The provisions of this section
shall also apply to any adjacent parking lot areas. Howard Elmer Park
may be traversed at all hours using any provided walkway.
It shall be unlawful for any person on borough
property hereof to:
A.
Use threatening, abusive or insulting language.
B.
Do any obscure or indecent act.
C.
Throw stones or any sharp object such as javelins,
arrows, spears, etc.
D.
Interfere with, encumber, obstruct or render dangerous
any public way, path, walk, bridge or public place.
E.
Do any act tending or amounting to a breach of the
peace.
F.
Climb or stand upon any fence, shelter, seat, bridge
railing or support, statue or other erection.
G.
Introduce, carry or fire any firecrackers, torpedoes
or fireworks, unless authorized by permit from the borough.
H.
Engage in, instigate, aid or encourage a contention
or fight.
I.
Assault any person.
J.
Participate in betting, raffles, gambling or gaming
or use or operate any slot machine or gaming table or other gambling
instrument or sell fortunes without approval of Borough Council.
K.
Solicit gifts or contributions for any purpose without
permission of the Borough Council.
L.
Possess or consume alcoholic beverages without permission
of the Borough Council.
M.
Be under the influence of intoxicating alcoholic beverages.
N.
Possess, use or be under the influence of drugs, as
defined and prohibited by the Pennsylvania Crimes Code.
O.
Give entertainment of any kind or transact business
of any kind or hold public meetings or assemblies without permission
of the Borough Council.
P.
Occupy a camp or campground or sleep overnight without
permission of the Borough Council.
Q.
Sell, vend or give away any article of merchandise
or other matter or distribute handbills or circulars without permission
of the Borough Council.
R.
Kindle, build, maintain or use a fire except in fireplaces
provided or in an approved container.
S.
Post, paint or affix or erect any sign, advertisement,
banner or any other matter for attracting attention without permission
of the Borough Council. No sign may be affixed or erected by piercing
the surface of any structure.
T.
Possess or use guns, knives, slingshots or other dangerous
weapons.
U.
Possess or use any explosive material that may cause
an explosion when used either alone or in combination with some other
material to produce rapid flaming combustion or administer a destructive
blow to surrounding objects.
V.
Kill, injure or disturb any animal or bird or damage
any grass, tree, shrub or plant or any building, sign, structure or
equipment upon any premises under the jurisdiction of the borough.
W.
Ride, drive or bring any horse upon any borough property
without expressed written permission of the Borough Council.
X.
Allow any dog to run at large. Dogs shall be permitted,
provided that they are restrained by a leash not exceeding six feet
in length and let or controlled by a person capable of controlling
the dog, and further provided that the person in control of the dog
shall be responsible for the removal of any feces deposited by the
animal on borough property or right-of-way. The leash requirement
is waived at Riverfront Park, provided that the dog is trained and
under voice control and does not disturb or threaten any other users.
If another user asks, the dog must be leashed.[1]
Y.
Drive or park any motor vehicle, including minibikes,
snowmobiles or other power-driven equipment, on borough property as
contemplated without permission of the Borough Council. Borough maintenance
vehicles and those of borough officials and employees and emergency
vehicles shall be permitted.
Z.
Swim, wade or otherwise go into any body of water
within the parks, playgrounds and recreation areas of the Borough
of Sayre except in accordance with the rules and regulations relating
to the use thereof. No combustion engine power-driven boats of any
type shall be permitted on any body of water within the parks, playgrounds
and recreation areas.
AA.
Ride a bicycle or fly a model airplane in any park
or athletic field in such a manner as to interfere with another's
enjoyment of the facilities of the park or playground. Combustion-engine-powered
model airplanes are prohibited in the 3rd, 4th and 5th Ward playgrounds.
All combustion-engine-powered models must be equipped with a noise-suppressing
muffler.
BB.
Use any
tobacco product, including but not limited to a cigarette, pipe, cigar
or similar object which is lit and emits smoke and the use of chewing
tobacco or similar product.
[Added 12-15-2011 by Ord. No. 886]
No person shall erect or occupy any tent, stand
or other structure in any park or playground or sell or give away
from any such tent, stand or other structure any food, drink or other
thing, without the written permission of the Borough Council.
No person on or within a park, playground or
band shell shall:
A.
Sell, expose for sale or give away goods, wares or
circulars or post or display any sign, placard or advertising device
without written permission by the Borough Council.
B.
Play, engage or take part in any game or competitive
sport for money or other valuable thing without written permission
by the Borough Council.
C.
Solicit alms or contributions for any purpose without
the written permission of the Borough Council.
D.
As part of a group, move in a military or civic parade,
drill or procession without written permission of the Borough Council;
nor shall any individual interfere with another's enjoyment of the
facilities of the park, playground or band shell.
A.
All persons, parties or organizations desiring to
reserve park facilities must make application, in writing, to the
Borough Council not fewer than 30 days prior to the date desired.
Applications shall be available at the Sayre Borough Hall. Applications
not submitted at least 30 days in advance may be denied.
B.
Organizations utilizing facilities are responsible
for the care of equipment and grounds utilized and the cleaning of
the area at the completion of the event.
C.
Organizations utilizing park areas must present a
certificate of insurance naming Sayre Borough as an additional insured
as proof of liability insurance, covering injuries to participants
during the period the facility is being used, in amounts as determined
by the Borough Council based upon probable risk.
D.
Organizations utilizing park areas will be responsible
for the coordination of traffic control and parking with the Borough
Police Department.
E.
The Borough Council shall have the right to refuse
or cancel the use of any facility to organizations or individuals
for reasons of repair, construction or other reasons that may be detrimental
to the care and upkeep of the area.
F.
The use of alcoholic beverages by an organization may be permitted by the Borough Council in the park areas; however, Subsection C of this section must be complied with.
G.
The use of posted baseball fields will be by permit
issued by the Borough Council with the exception of the Sayre Little
League and Sayre Area School District.
H.
The borough shall have the right to grant exclusive
franchise rights to a permit holder for the sale of merchandise, food
and beverages for the period that the permit is in effect in the park
and on public roads surrounding the park on the day or days of the
permit.
I.
Application. A person or group seeking issuance of
a permit hereunder shall file an application with the Building and
Grounds Committee. The application shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit
is desired.
(5)
An estimate of the anticipated attendance.
(6)
Any other information which the Building and Grounds
Committee shall find reasonably necessary to a fair determination
as to whether a permit shall be issued.
J.
Nothing herein shall be read to require the application
for a permit for organized, officially sanctioned borough events.
K.
The Borough Council may, as it deems necessary, establish
other rules, fees or procedures governing the use of park facilities
by resolution.
L.
Proof of liability insurance shall not be required
for organizations conducting prayer services or other free-speech-related
activities that are not held in conjunction with a formal organized
event, i.e., the Guthrie Gallop, Firemen's Fourth of July and Farmers
Market.
[Added 12-20-2007 by Ord. No. 854]
A.
The Sayre Borough Police Department shall diligently
enforce the provisions of this chapter.
Ice skating on Island Pond shall be allowed
at the risk of the individual ice skater. The borough accepts no responsibility
for the safety of the ice, and anyone skating assumes all risk inherent
with the sport.
A.
Any person who violates any provisions of this article
or any posted Building and Grounds Committee rules and regulations
shall be deemed and adjudged a disorderly person and, upon conviction
therefor, shall be punished by a fine not exceeding $600, imprisonment
for a term not exceeding 90 days or a period of community service
not to exceed 90 days, or a combination thereof.
[Adopted 6-10-1985 by Ord. No. 605]
As used in this article, the following terms
shall have the meanings indicated:
That area of Sayre Borough which is located within the perimeter
of the following streets: Park Place, Wilbur Avenue, Packer Avenue
and Elmer Avenue.[1]
Any person, whether a resident of the Borough of Sayre or
not, traveling by foot, wagon, automotive vehicle or any other type
of conveyance from place to place, from house to house or from street
to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden or farm products or provisions,
offering and exposing the same for sale or making sales and delivering
articles to purchasers or who, without traveling from place to place,
shall sell or offer the same for sale from a wagon, automotive vehicle,
railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and, as a separate transaction, makes
deliveries to purchasers as a part of a scheme or design to evade
the provisions of this article shall be deemed a "peddler" subject
to the provisions of this article.
[Amended 10-21-1991 by Ord. No. 686]
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
Any individual, whether of the Borough of Sayre or not, traveling
either by foot, wagon, automobile, motor truck or any other type of
conveyance from place to place, from house to house or from street
to street, taking or attempting to take orders for sale of goods,
wares and merchandise or personal property of any nature whatsoever
for future delivery, whether or not such individual has, carries or
exposes for sale a sample of the subject of such sale or whether he
is collecting advance payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, hotel room, lodging house, apartment,
shop or any other place within the borough for the sole purpose of
exhibiting samples and taking orders for future delivery.
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the borough or not, who
engages in a temporary business for selling and delivering goods,
wares and merchandise within said borough and who, in furtherance
of such purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad boxcar or public room in hotels, lodging
houses, apartments or shops or any street, alley or other place within
the borough for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition
shall not be construed to include any person, firm or corporation
who, while occupying such temporary location, does not sell from stock
but exhibits samples only for the purpose of securing orders for future
delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this article merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer or by conducting such transient business in
connection with, as a part of or in the name of any local dealer,
trader, merchant or auctioneer.
Any use of Howard Elmer Park by any organization
or group is prohibited unless said organization or group has obtained
authorization from Sayre Borough Council for said organization's or
group's activity.
Authorization given or refused by Sayre Borough
Council for any request by an organization or a group for an activity
shall be based on the following factors:
A.
No person shall engage as a peddler, solicitor or
transient merchant within Howard Elmer Park except as hereafter provided.
B.
Two metered locations on Packer Avenue and two metered
locations on Park Place (a total of four metered locations) will be
assigned to any peddlers, solicitors or transient merchants who wish
to do business at one of the four metered locations, subject to the
following:
(2)
A license must be obtained from the Borough Secretary
and signed by the Chief of Police at a cost of $40 per season. In
addition, the peddler, solicitor or transient merchant who holds a
license must pay a daily fee of $2 and a daily deposit of $10 for
the use of a meter cover.
[Amended 10-21-1991 by Ord. No. 686]
(3)
Restrictions. A peddler, solicitor or transient merchant
who holds a license will be responsible for damage to borough property,
control of noise levels, proper lighting and other safety factors
as determined by the police. The vehicle used by the peddler, solicitor
or transient merchant who holds a license can be no larger than one
metered space. No peddler, solicitor or transient merchant, whether
holding a license or not, will be permitted to sell from any other
metered location in Sayre Borough other than the four metered locations
provided by this article.
The Sayre Borough police shall have the authority
to enforce this article.
[Amended 10-21-1991 by Ord. No. 686]
Any person, firm or corporation who or which
shall violate or fail to comply with any of the provisions of this
article shall, upon conviction, be sentenced to pay a fine of not
more than $600 and costs of prosecution and, in default of payment
of such fine and costs, be imprisoned for a term not exceeding 30
days.
