Ordinance # 090-1
Public Park Ordinance
Public Park Ordinance - Note this Ordinance was replaced with Ordinance # 92-3
Section 1400 Purpose:
For regulating the use of Public Park Property located within the Borough of Bolivar as it pertains to Traffic Regulation, Property use Regulations, and Person use Regulations for the purpose of protecting the Health, Safety and Welfare of Borough Residents and for the purposes of maintaining and protecting Public Lands and improvements for the use of members of the Public.
Section 1401 - Definitions: For the purposes of this Ordinance, the words and phrases set forth below shall be the meaning respectfully described to them unless otherwise defined in other Ordinances as previously passes or to be passed by the Borough of Bolivar:
A. Abandoned Property Any personal/ private property located on the property owned by the Borough of Bolivar that:
1. Is left inoperable or is left unattended on the Borough's public property for a period of more than twenty-four (24) hours, or
2. Has remained illegally on public property for more than twenty- four (24) hours, or
3. Is located on the Borough of Bolivar's public property without a valid registration plate or a valid certificate of inspection or a valid title and left unattended on said property for a period of more than twenty-four (24) hours.
B. Park Areas Any public properties owned by the Borough of Bolivar used or which may be used for recreational purposes.
C. Public Place / Public Display Any of the streets, alleys, parks, boulevards, schools or other public property in the Borough, or any dance hall, store, depot, place of public accommodation, or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel, exposing, placing, posting, exhibiting, or in any other fashion displaying in any location, whether public or private, material or a performance in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public place or vehicle.
D. Sexual Conduct Any
2. Sexual intercourse, whether genital-genital, oral - genital, oral - anal, or anal - genital
3. Any erotic fondling or touching of the covered or uncovered genitals; buttocks, public area, or any part thereof the breasts of the female, whether the conduct described in (A) through (C) is engaged in alone or between members of the same or opposite sex, or between humans and animals or humans and inanimate objects,
4. Genitals or any part thereof
5. Sado-masochistic abuse as hereinafter defined.
E. Sexual Excitements The facial expressions, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state or sexual stimulation or arousal, or experiencing the physical or sensual reactions of humans engaging in or experiencing sexual conduct.
Section 1402. Traffic Regulations Within The Park Areas:
A. All traffic or individual motor vehicles shall be regulated and operated only within areas specifically paved, graveled or as is clearly designated for vehicle use.
B. it is specifically prohibited for the use of any motorized vehicles on areas not specifically paved for traffic. This specifically includes grassy areas, baseball field diamond areas, tennis courts, pavilion areas, and walking areas within the Park.
C. No motor vehicles may be left parked and unattended within any park areas for a period of more than two (2) hours when the owner or operator of said motor vehicles are not or were not present within the park area for a period of more than two (2) hours.
D. It is specifically prohibited for any motorized vehicles to enter any park area except areas that are specifically paved for motor vehicle traffic use.
E. No parking on the park premises is permitted from dusk (sunset) to dawn (sunrise), unless a park permit explicitly permits the same.
F. No repair, maintenance or vehicle fabrication shall occur on the park premises at any time.
G. All licensed motorized vehicle operators shall obey posted speed limits unless conditions warrant that the posted speed limits may not be a safe speed. No unlicensed or unregistered motor vehicles shall be permitted within the park premises.
H. No motor vehicles are permitted on, over or across the paved walking track, paved tennis court/basketball courts or paved pavilion areas,
Section 1403. Any person or party who violates Section 1402 and its subsections shall have violated the provisions of said Ordinance and shall be fined not less than Twenty-five ($25.00) dollars and not more than Five Hundred ($500.00) dollars for each violation. An additional judgment may also be made for restitution of any costs that would be incurred by the Borough for the repair of any areas adversely affected by the violation of Section 1402. Any failure to make payment of said fine or restitution shall result in a judgment imprisonment not to exceed thirty (30) days together with costs and restitution, if not paid within ten (10) days of the date of imposition thereof. The prosecution shall be before any district Magistrate who shall have the right to exercise jurisdiction of any offense committed within the Borough of Bolivar. All fines imposed and collected shall be paid to the Borough of Bolivar and placed in the General Fund.
Section 1404 Property Use Regulations:
A. The park property shall be used by members of the public in an orderly, nondestructive, non abusive and non boisterous manner.
B. The park property shall be used without causing damage, destruction, waste or abuse of improvements or structures located on said premises.
C. The park hours are designated as dawn (morning) until dusk (nightfall). The park hours may be specifically extended with written permission as requested and consented to be the Borough Council. Permission of extension must be in writing for the use of the park. (See following Section 1407).
D. No storage of personal / private property may occur on park property at any time. Any personal or private property left unattended or that is unauthorized to be within the park shall be either towed or tagged and shall be removed from the park at owners expense. If in the event that it is discovered any property whether personal or private has been left unattended on the park premises for a period of longer than forty-eight (48) hours without written permission or authorization by the Borough of Bolivar, it shall be presumed that said property was abandoned.
E. No use of motorized or human powered vehicles or equipment shall be used within the park areas outside of areas specifically designated for motor vehicles usage.
1. This Paragraph (e) includes but is not limited to motorized tricycles, ATV's (All terrain vehicles), motor scooters, skateboards, mini-bikes, mo-peds, motorcycles, and any and all bicycles operated by persons under ten (10) years of age.
2. Specifically accepted from this Paragraph (E) ae the following: baby carriages, baby walkers, children under six (6) years of age on small tricycles, providing the children are under direct adult supervision.
F. Not motor vehicles or motorcycles may be parked or operated on any grassy areas, pavilion areas, ball field areas or tennis court/basketball court areas at any time.
G. No hunting, use of hand guns, rifles, air guns, use of any type of archery equipment or muzzle loaders or other offensive weapons, sling shots, any and all explosive device usage, fireworks, any type of fire arm or other lethal weapon usage of any type shall be permitted, unless a permit is issued wherein written permission is granted by the Borough of Bolivar.
H. No use of alcoholic beverages shall be permitted except in instances where a permit has been obtained from the Borough of Bolivar or the Borough of Bolivar Recreation Commission wherein said permit specifically permits in writing the dispensing and/ or use of alcoholic beverages. No alcoholic beverages shall be dispensed or used by any persons other than those members of the group of persons or organization requesting said permit. The Borough may provide conditions upon which alcoholic beverages shall be dispensed or consumed if a permit is granted for the same.
I. Trash, garbage, litter or other refuse shall be placed in containers provided for this purpose and shall be limited to litter accumulated during the use of said park areas. Any trash, garbage, litter or refuse not capable on the park area shall be taken with the park users and disposed of personally by said park users and / or park permit users.
J. No tree, bush, hedges or other natural vegetation within the park shall be damaged, injured, molested, removed, carved, whittled, adulterated by the pouring of any type of materials or fluids on said vegetation, deflowered, disbranched, and / or defoliated in any manner. This includes but is not limited to the use of nails, spikes, knives, swords or other implements, articles and tools used to penetrate, cut, or scrape any of said surfaces or parts of said vegetation.
K. No open fires or cooking coals other than in commercially purchased or park constructed charcoal grill containers, stoves or burners. All hot coals or embers shall not be left unattended at any time until said coals or embers are cool to the human touch.
L. The soliciting for any purpose or posting of signs within the Borough park is not permitted at any time.
M. The distribution, sales, services or rental of any supplies, equipment, material or commodity and / or food stuffs is restricted to concession areas specifically authorized to do so by the Borough of Bolivar or the Bolivar Recreation Commission by written permit.
N. No horseback riding is permitted on any park area unless a permit is acquired from the Borough of Bolivar or the Bolivar Recreation Committee wherein said permit specifically sets forth permission for horseback riding.
O. All pets or animals, domesticated or otherwise, are prohibited from being in the park at all times unless a permit is acquired from the Borough of Bolivar or the Bolivar Recreation Commission. Seeing eye dogs are permitted.
P. No fixed, permanent or temporary structures shall be permitted to be erected on the park premises without the issuance of a written permit specifically setting forth permission for the erection or use of the same and that said permit sets forth the specifically designated areas for the use of the same.
Q. No camping shall be permitted in the park without the issuance of a written permit specifically setting forth permission for camping for specifically designated areas.
Section 1405 Penalties A person or party who shall violate Section 1404 and its subparagraphs shall be fined not less than thirty ($30.00) dollars and not in excess of Five Hundred ($500.00) dollars. An additional judgment in the amount of any restitution required for the repairs of any damages to the Borough property and Court costs shall also be added. If, in the event nonpayment of the fine, restitution and court costs are not made within ten(10) days of the date of imposition thereof, imprisonment shall not exceed thirty(30) days with a judgment of restitution and Court costs sustained. The prosecution shall be made before any District Magistrate who has the right to exercise jurisdiction of any offense committed within the Borough of Bolivar. All fines, costs and restitution imposed and collected shall be paid to the Borough of Bolivar and placed in its general fund.
Section 1406 Personal Behavior Regulations Within The Park Area
A. All persons using said public property shall use it in an orderly, nondestructive, non boisterous and nonviolent manner.
B. All persons shall use the park premises in a non disruptive manner as to interfere with other persons also using the park.
C. No person is permitted to use the park property at any time without written permission from the Borough Council for any of the following conduct or activities:
1. The purpose of advertising or distributing advertisements, products, materials, services, presentations or exhibitions for economic, business, or prurient interests of persons of the public.
2. For performing or engaging in any sexual conduct. This includes but is not limited to the following:
b. Sexual intercourse whether genital - genital, oral - genital, oral - anal, anal- genital, or any combination thereof
c. Any erotic fondling or touching of covered or uncovered genital areas including but not limited to buttocks, public areas, genital areas or any part thereof of the breast of the female.
D. "Sexual Conduct" or behavior as previously described in subparagraph D is prohibited whether engaged in alone or between members of the same or opposite sex, or between humans and animals, or humans and inanimate objects, or whether actual or by simulated display or exhibition of the human public area, genitals, or any part thereof. This section includes any sexual conduct or behavior for the purpose of:
1. Causing sexual excitement (See definition, Section 1401 (E) (b) any sadomasochistic abuse by means of flagellation or torture by or upon a person who is fully clothed, partially clothed, nude or ay condition of a person being a victim of or the dispenser of violent behavior physically upon another whether for sexual stimulation, gratification or for any other reason.
E. No person under the age of ten (10) years of age shall be left unattended at any time within the park properties.
Section 1407 Permit Requirements
A. Any person who wishes to use the ball field areas, tennis court areas, pavilion areas or any of the park as part of an organized organization or group of persons whether scheduled or unscheduled, shall first acquire written permission from the Borough of Bolivar. Said written permission shall be made in writing not less than twenty-four (24) hours prior to any said use. The written request shall e made to the Borough or any designated official as designated by the Borough Council. Any request for the use of the park also requires a payment of any recreational fees or usage fees as may be formally established by the Borough of Bolivar.
B. Any person requesting the use of the park facilities as a part of an organization or a group of persons acting as a group shall also post:
1. Security in the event any special facilities locate within the park are used by a large numbers of persons, for purposes of offsetting any cleanup expenses or police force costs that may be incurred by the Borough; and / or
2. Certificates of insurance illustrating the purchase of liability insurance in force for any activities that may pose a risk of harm to persons of the group or other persons within the community of the Borough of Bolivar.
Section 1408 Enforcement and Penalties
A. Any person, entity or organization who has violated Section 1406's subparagraph B,C,D, and E shall be fined not less than Fifty ($50.00) dollars and not more than Five Hundred ($500.00) in addition to any costs of restitution or Court costs incurred. Each act shall be deemed a separate act for purposes of imposing the penalties set forth herein. In the event the fines, restitution and Court costs are not paid within ten (10) days of the imposition of said judgment, the violator shall be subject to imprisonment not to exceed thirty (30) days with the continued imposition of
Restitution and Court costs incurred. Prosecution shall be made before any District Magistrate who has the right to exercise jurisdiction of the offense committed within the Borough of Bolivar. All fines imposed and collected shall be paid to the Borough of Bolivar and placed in its general fund.
B. Any person, entity or group of persons who shall have violated the provisions of section 1406, subsection F shall be specifically subject to the enforcement and penalties set forth in Section 2135 and its subparagraphs.
C. Each person,. party or entity who shall have violated Section 1407 shall be fined not less than twenty0five ($25.00 ) dollars plus the permit fee designated for any usages made of the park property, and restitution required and court costs incurred. Each usage and violation of said section and subsection shall be construed as a separate offense. The failure to pay a fine, permit fee, restitution and a court cost shall result in imprisonment for a period of not more than five (5) days plus the continued imposition of the permit shall be made before any District Magistrate who has the right to exercise jurisdiction of any offense committed within the Borough of Bolivar. All fines imposed and collected shall be paid to the Borough of Bolivar and placed in the general fund.
Section 1409 Implicit Repeal: The provisions of this Ordinance are severable and if any provisions shall be held illegal, invalid, or unconstitutional, said provisions or words shall not affect or impair any of the remaining provisions or words not affected. It is hereby declared that in the event any provisions or words adopted herein are illegal or invalid and unconstitutional, the Ordinance shall be read as if those words and provisions have not been included herein.
Ordained and enacted by the Council for the Borough of Bolivar this 5th day of March 1990.
Examined and approved this 5th day of March 1990.
Original Ordinance in Vault drawer