ORDINANCE NO.  2 - 2001

              AN ORDINANCE OF THE TOWNSHIP OF STROUD, MONROE COUNTY, PENNSYLVANIA , REGULATING THE USE AND ENJOYMENT BY THE PUBLIC OF PARK AND RECREATIONAL GROUNDS OWNED OR OPERATED BY THE TOWNSHIP FOR THE USE OF THE PUBLIC, AND PROVIDING PENALTIES FOR THE VIOLATION OF SUCH RULES AND REGULATIONS.

              WHEREAS, the Second Class Township Code, Act of May 1, 1933,  P.L. 103, No. 69, as amended by the Act of November 9, 1995, P.L. 350, No. 60, under Section 2203, entitled “Regulation of Parks and Public Amusements”, found at 53 P.S. 67203, enacted by the General Assembly of the Commonwealth of Pennsylvania, provides that the board of supervisors may by ordinance regulate the use and enjoyment by the public of any park or recreation grounds owned and operated by the township for the use of the public; and

            WHEREAS, it is the determination of the Board of Supervisors of the Township of Stroud that rules and regulations
needed to be adopted in order to provide for safe and proper public recreation programs and facilities for the township under the supervision and direction of the legally constituted recreation board;

            NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Supervisors of Stroud Township, Monroe County, Pennsylvania, and it is hereby ordained and enacted by the authority of the same:

            SECTION  1:              Adoption of Park Rules and Regulations.  The following acts and conduct are hereby prohibited in park, Conservation, and recreational areas owned and/or operated by the township, to wit:

(a)              Disorderly conduct or criminal mischief, and any other acts in violation of the Pennsylvania Crimes code.

(b)              Use of illegal drugs or being in a state of intoxication or under the influence of illegal drugs on any township park, conservation, or recreational land.

(c)              Consumption of alcoholic beverages.

(d)              The throwing of stones or similar missiles.

(e)              The use of profane, offensive, or indecent language.

(f)               Disturbing the peace by any conduct so as to cause a nuisance to other persons or wildlife in the park, conservation, or recreational land (e.g. loud and offensive playing of musical instruments, radios, boom boxes, etc).

(g)              Littering, throwing or depositing of trash, garbage or litter, except into containers provided for that purpose.

(h)              Use of open fire in any location, except in areas that are approved by the Board of  Supervisors.

(i)                Damaging, defacing, destroying or moving any township-owned property, vegetation, turf, signs, buildings, bridges, structures, lights, fixtures, equipment or other material of the township.

(j)                Climbing on any fencing, backstop, or goal.

(k)              Contamination of any waterway.

(l)                Hunting or trapping of live animals or reptiles.

(m)            Capturing, harassment, injuring, or killing of wildlife.

(n)              Bringing any animals, except dogs or domesticated pets, into a township park, conservation, or recreational area.  Dogs and household pets must be kept on a leash and under control at all times and are allowed except where prohibited in specific areas as designated by the Board of Supervisors.

(o)              Non-removal and disposal of pet defecation by the pet owner in a sanitary manner in areas determined to be kept free of pet defecation.

(p)              Begging or soliciting subscriptions or selling of articles or services.

(q)              Operation of motorcycles or other self-propelled motor vehicles and automobiles, except in parking and other designated areas.

(r)               Operation of minibikes, ATV’s or other unlicensed motor vehicles, except in specifically-designated areas.

(s)              Carrying or discharging of firecrackers, fireworks, or similar propelling explosives.

(t)               Cleaning, polishing, greasing, changing oil or making repairs to any vehicle, except those of a minor nature and then only in cases of emergency.

(u)              Sleeping within the recreational area after hours, except as approved by the Board of Supervisors.

(v)              Vehicles parked after closing hours of a park, conservation, or recreation area.

(w)             Driving any motor vehicle in excess of ten (10) miles per hour.

(x)              Driving any motor vehicle on other than a roadway provided for such purposes.

(y)              Smoking.

(z)              Discharging of firearms or bow and arrows, except in approved areas.

SECTION  2:              Hours of Park Operation.             The hours of park operation shall be

established by the Board of Supervisors, may vary from park to park, and may be extended at any park upon recommendation and approval by the Park and Recreation Board and/or Board of Supervisors.  Normal daytime hours for public use shall be from sunrise to sunset.

            SECTION  3:              Posting of Park Rules and Regulations.             The Board of Supervisors shall post the park rules and regulations in public view at the points of entrance to the recreational facilities operated by the township.

            SECTION  4:              Additional Rules and Regulations.               The Park and Recreation Board and/or Board of Supervisors may, from time to time, adopt additional rules and regulations governing the operation and conduct of the recreational facilities operated by the township.

            SECTION  5:              Penalty for Violation.

(a)              Any person who violates the above rules and regulations commits a summary offense.

(b)              Any person who shall be found guilty of a violation of this ordinance, upon summary conviction thereof before a District Justice, shall pay a fine of not more than One Thousand ($1,000.00) Dollars per violation and the costs of prosecution, including but not limited to attorney’s fees and court costs, and, in default of payment of such fine and costs of prosecution, shall undergo imprisonment of not more than ten (10) days, provided further, that each day’s continuance of a violation shall constitute a separate offense.

(c)              All fines and penalties collected for the violation hereof shall be paid to the township treasurer.

(d)              The township, by means of other appropriate legal proceeding, including a complaint in equity, may compel any person to comply with the above rules and regulations, or seek any such other relief as any court of competent jurisdiction is empowered to afford.

SECTION  6:              Severability.              If any section, subsection, sentence, clause phrase             or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

            SECTION  7:              Repealer.                   All ordinances or parts of ordinances or resolutions conflicting or inconsistent with the provisions of this ordinance are hereby repealed.   

            SECTION  8:              Effective Date.             This ordinance shall take effect five (5) days after the date of its enactment.

            ORDAINED AND ENACTED into an Ordinance at a regular meeting of the Board of Supervisors of Stroud Township, Monroe County, Pennsylvania, this 2nd day of April, 2001.

 TOWNSHIP OF STROUD