PROPOSED
ORDINANCE NO. 91 (AS AMENDED)
AN ORDINANCE OF THE COUNTY OF LANCASTER REPEALING ORDINANCE 10 OF 1991 AND PROVIDING FOR RULES AND REGULATIONS GOVERNING THE USE OF THE LANCASTER COUNTY PARK SYSTEM AND PROVIDING PENALTIES FOR VIOLATION OF THE SAME.
On motion of Commissioner _______, seconded by Commissioner _______;
WHEREAS, On March 6, 1991, the Board of Commissioners of Lancaster County enacted Ordinance 10, which set forth the rules and regulations of the Lancaster County Park System; and
WHEREAS, The County of Lancaster desires to revise and update provisions of the rules and regulations for the Park System; and
WHEREAS, The County wishes to repeal Ordinance 10 of 1991 in its entirety, and any amendment thereto, and replace it with the rules and regulations as set forth in this Ordinance.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of County Commissioners of the County of Lancaster, Pennsylvania, as follows:
Ordinance 10 of 1991, and any amendments thereto, is repealed in its entirety.
NOW, THEREFORE, BE IT FURTHER ENACTED AND ORDAINED by the Board of County Commissioners of the County of Lancaster, Pennsylvania, as follows:
SECTION 1: TITLE
This document shall be known as “The Lancaster County Department of Parks & Recreation Rules and Regulations.”
SECTION 2: PURPOSE
These regulations are established to govern the conduct of the members of the public in parks and recreational facilities established and maintained by Lancaster County Department of Parks and Recreation and to protect the public property.
SECTION 3: DEFINITIONS
Except where the context clearly indicates otherwise, the following terms used in this Ordinance shall have the following meanings:
A. The term “County” shall mean the County of Lancaster.
B. The term "Park System" shall mean any lands or facilities owned or leased by the County of Lancaster and designated or used by the County for park or open space purposes.
C. The term "Park Ranger” shall mean any employee of the County who has been sworn to enforce County Ordinances within the Park System.
D. The term "Department" shall mean the Lancaster County Department of Parks and Recreation.
E. The term "Director" shall mean the Executive Director for the Lancaster County Parks and Recreation Department appointed by the Lancaster County Commissioners.
SECTION 4: HOURS
A. The park system and recreational facilities established, maintained and operated by the Department is open to all members of the public irrespective of race, sex, national origin, or creed.
B. The Park System shall be open to the public between the hours from sunrise to sunset of each day unless different hours are established by general or specific notification made by the Director. The lighted athletic fields in Central Park shall be available for use until 11:00 p.m. each day unless otherwise established by the Director.
C. Any section or part of any park or recreational facility may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or for certain uses, as the Director shall find necessary. Any aggrieved party may appeal to the director in writing within ten (10) business days.
SECTION 5: PERMITS
Permits are required for the following purposes:
A. Use of recreational buildings and camping grounds.
B. Use of athletic fields and exclusive use of certain areas designated by the Director.
C. Special events of a cultural or recreational nature, pageants, or similar events held on park property.
D. Any other purpose as set forth in this ordinance.
SECTION 6: APPLICATION FOR PERMITS
A. Any person or association of persons desiring to reserve a portion of any property within the Park System for any lawful activity shall make request at the office of the Parks and Recreation Department either in person or by telephone.
B. When a fee is required, permits will not be issued until payment is received. The Director may make periodic or monthly payment arrangements with groups requiring additional department services, with ballfield leagues, and with other groups, where a single payment is not practical for proper accounting procedures established by the Department.
C. Permits are issued on a first come, first serve basis. Requests for permits can be made for any dates, up to one (1) year in advance.
D. No person under the age of eighteen (18) years shall be issued a permit to use the Park System.
E. The holder of a permit issued by the Department shall be held responsible for the actions and conduct of other persons in the party. Nothing in this provision shall preclude the Department from pursuing penalties against the individual responsible for violating this Ordinance.
SECTION 7: GUIDELINES FOR ISSUANCE OF PERMITS
A. The Department shall issue a permit hereunder when it is satisfied that:
1. The proposed use will not unreasonably interfere with or detract from the general public use and enjoyment of the Park System.
2. The proposed use will not entail unusual, extraordinary or burdensome expense for Park Rangers or maintenance by the Parks and Recreation Department.
3. The facilities desired have not been already reserved.
4. The proposed use complies with all applicable provisions of the Parks & Recreation Rules and Regulations.
B. The Department shall take the following additional considerations into account in considering permit requests to fairly determine as to whether a permit should be issued hereunder and may require the requester to complete a special event application to aid in its determination.
1. The size and purpose for which the park is normally used.
2. The location of the park and the area surrounding it.
3. The facilities available to accommodate the intended use.
SECTION 8: OPERATION AND PARKING OF MOTORIZED VEHICLES
The County of Lancaster hereby exercises its power to control traffic within the physical boundaries of the Park System pursuant to 75 Pa.C.S.A. § 6102(b) In accordance with this authority,
A. No person shall:
1. Park a vehicle in the Park System between the hours of sunset and sunrise unless different hours are established by general or specific notifications or by special event permit or written permission from the Director.
2. Operate a vehicle and stop, stand or park said vehicle in any place marked as a passenger or loading zone, other than for expeditious loading or unloading of passengers, or for the unloading and delivery or pick up and loading of materials.
3. Operate and stop, stand or park a vehicle upon any roadway or in any parking area in such a manner as to form an obstruction to traffic thereon.
4. Drive upon or park upon any lawn in any park unless specifically authorized to do so by the Department.
5. Operate and stop, stand or park a vehicle in such a manner as to block a fire trail, campsite road, maintenance road, boat ramp, or bike/hike/horse trail.
6. Operate a vehicle or park in any place where “No Parking” or “Authorized Vehicles Only” signs have been erected.
7. Operate or park a vehicle in such a manner as to block the exit or removal of another vehicle.
8. Operate or park a vehicle in such a manner as to take up more than one designated parking spot.
9. Park in an area designated for handicapped persons only without displaying a placard or license plate legally issued to the operator.
10. Operate a vehicle in excess of fifteen (15) M.P.H. in any park unless a higher rate of speed has been posted.
11. Operate a vehicle in any park or place other than park roadways open to the general public except vehicles authorized by the Department for the purpose of park maintenance, improvement, or patrol functions, or to areas set aside as special use areas.
12. Operate any vehicle upon any roadway or property administered by or under the jurisdiction of the Department carelessly disregarding the rights and safety of others or in a manner so as to endanger any person or property.
13. Operate any type of mini bike, scooter, dirt bike, ATV, snowmobile or other motorized vehicle that is not registered for operation on the public highways.
14. Wash or make mechanical repairs on vehicles except in cases of emergency.
15. In conjunction with this section, the Motor Vehicle Code of Pennsylvania shall apply to all park roadways within the Park System.
16. Fail to yield the right of way to any person riding a horse, hiking, walking, or biking on designated trails where such trails cross streets or roadways.
17. Disobey the direction of a traffic control device or a duly authorized Park employee.
18. Cruise in any motor driven vehicle, in, through or around camping or picnic areas within the Park System. Cruising shall be defined as one vehicle, with or without the same occupants, proceeding through the same area more than three times per hour.
B. The Department is hereby authorized to design and issue parking tickets and to establish, from time to time, by resolution, certain fines or penalties for violation of any provisions of this Ordinance and may prescribe the place where such fines or penalties of this Ordinance may, in lieu of issuing a citation, issue a notice of parking violation in such form as is prescribed by the Department. If such fine or penalty is not paid within the time limits prescribed by the Department, the person issuing said ticket shall appear before a district justice or other judicial officer having jurisdiction for the purpose of securing the issuance of a citation for the violation. In any case where the Department has not, by resolution, established a fine or penalty for any violation of Section 8 of this Ordinance, the prescribed violation shall be presumed to be thirty five dollars ($35.00) for parking in a designated handicapped parking space and twenty dollars ($20.00) for any other violation.
C. The Department is hereby authorized and designated to establish areas which will be subject to the afore described violation and to provide for the erection of the necessary warning signs, traffic lines and directional devices.
Section 9: HORSES
No person shall:
A. Ride or lead a horse or pony upon any property within the Park System except on specifically designed and posted areas, trails and paved roads.
B. Ride a horse or pony in a careless, negligent or reckless manner so as to create a nuisance or to endanger the life or property of persons within the Park System.
C. Ride a horse or pony in a careless, negligent or reckless manner causing damage to a trail or property within the Park System.
Section 10: OPERATION OF BICYCLES
No person shall:
A. Ride a bicycle upon any property within the Park System except on specifically designed and posted areas, trails and paved roads.
B. Ride a bicycle in a careless, negligent or reckless manner so as to create a nuisance or to endanger the life or property of persons within the Park System.
C. Ride a bicycle in a careless, negligent or reckless manner causing damage to a trail or property within the Park System.
Section 11: PROHIBITED ACTIVITIES IN PARKS
No person shall:
A. Climb upon or in any way injure any statue, fountain, wall banister, ledge, fence, balustrade, railing, pavilion or other structure or play on wet grounds in a manner injurious to turf.
B. Tamper with drinking fountains, hydrants, or other water system facilities.
C. Fly model powered planes or rockets except on officially designated areas and with written permission from the Director.
D. Gamble in any form.
E. Tamper with, mar, remove or destroy any official or authorized sign.
F. Pour or cause to spill or permit to escape in any area any oil, gas, salt, acid, or other harmful or noxious substance whether liquid, solid or gas, except pursuant to the provisions of an official permit.
G. Bring any waste paper, sweepings, ashes, household waste, glass, metal, refuse or rubbish or any dangerous or detrimental substance into a park and deposit the same, either in a receptacle or any other place. This does not prohibit trash or waste generated in the park from a picnic or similar activity to be put into receptacles supplied for that purpose.
H. Deposit any bodily waste in or on any portion of any comfort station or other public structure in a park area except directing into such particular fixtures as may be provided for that purpose and not place any bottle, can, rag, metal, wood, or stone substance in any of the plumbing fixtures in such station or structure.
I. Cut, deface, mar, destroy, break, write on or scratch any walls, floor, ceiling, partition, fixture, or furniture, or use towels, toilet paper, or waste soap in any improper manner, or cause damage to any park facilities; including comfort stations or other park structures.
J. Engage in any form of golfing activity.
K. Throw rocks, stones or other objects from any overlook or cliff.
L. Fail to obey a posted park sign.
M. Damage or injure buildings, structures, or equipment within the Park System.
SECTION 12: DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS
No person shall:
A. Cut, remove or destroy any tree, sapling, seedling, bush or shrub, living or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub, or break or remove any branch, foliage, tree or shrub, or pick, gather, uproot, remove or destroy any flower, plant or grass, or chisel, drill or remove any natural stone deposit except with written permission from the Director.
B. Remove or cause to be removed or to dig any sod, earth, humus, peat, boulder, rock, gravel, or sand except with written permission from the Director.
Section 13: ATTACHMENTS
No person shall:
Hitch, tie, fasten, nail, anchor, screw, or otherwise attach any wire, cable, chain, rope, card, sign, poster, advertisement, notice, announcement, handbill, board, or other articles or device to any post, tree, shrub, rock outcropping or structure except in accordance with a special event permit issued by the Department.
Section 14: METAL DETECTING
No person shall:
Use metal detectors in any fenced-in compound or upon any athletic field or archeological site.
Section 15: ALCOHOLIC BEVERAGES
A. No person shall:
1. Consume or possess an alcoholic beverage while in or upon property within the Park System.
2. Enter or remain within the Park System while under the influence of alcohol to the degree that they may be a danger to themselves or other persons or property, or annoy other persons within the vicinity.
B. The Park Rangers shall confiscate alcoholic beverages, in any person’s possession while in or upon property within the Park System.
SECTION 16: ILLEGAL DRUGS AND CONTROLLED SUBSTANCES
A. No person shall:
1. Consume or possess any illegal drug, drug paraphernalia or controlled substance, as listed and defined in the act of April 14, 1972 (P.L. 233, No, 64), 35 P.S. § 780-101 et. seq., known as the Controlled Substance, Drug Device and Cosmetic Act, while in or upon any property within the Park System.
2. Enter or remain within the Park System while under the influence of a controlled substance as defined above except those taken pursuant to the lawful order of a practitioner as defined by the Controlled Substance, Drug, Device and Cosmetic Act.
B. The Park Rangers shall confiscate illegal drugs, drug paraphernalia or controlled substances, in any person’s possession while in or upon property within the Park System.
Section 17: PERSONAL CONDUCT
No person shall:
A. Engage in any loud, fighting, threatening, violent, tumultuous or abusive behavior or other disorderly conduct tending to create a breach of peace, or to disturb or annoy others, while in or on any property within the Park System.
B. Use obscene language, or make an obscene gesture.
C. Create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor while in or on any property within the Park System.
D. Engage in any form of sexual activity.
E. Appear in public in a manner that exposes their genitalia or buttocks while in or on any property within the Park System.
F. Appear in public in a manner that exposes the female breast, including but not limited to topless sunbathing, while in or on any property within the Park System.
SECTION 18: SWIMMING, BATHING AND WADING
No person shall swim, or bathe in any creek, stream, river, lake, pond, swamp or man-made retention basin contained wholly within the Park System. Wading up to the waist is permitted in conjunction with legal fishing activity. Wading up to the knee is permitted in all other circumstances. Any person under the age of 13 is required to have an adult present while wading (while fishing or otherwise).
SECTION 19: PEDDLING AND SOLICITING
No person shall:
A. Peddle or solicit business of any nature whatever or collect any fund for any service or charity, or distribute handbills or post other advertising matter including unauthorized signs on property within the Park System unless first obtaining permission in writing from the Director.
B. Display or post political signs or engage in any form of electioneering on property within the Park System except that posting of political signs and materials are permitted within 100 yards of buildings which are officially designated as polling places by the Lancaster County Board of Elections. Allowable materials may be posted, within election code guidelines, two days prior to an election and must be removed within one day following the election.
Section 20: USE OF AUDIO EQUIPMENT
No person shall:
A. Use a loudspeaker, public address system or amplifier within or upon property within the Park System without a special event permit issued by the Department.
B. Play or cause to play any radio, audio device, television or stereo equipment, or similar device, in a loud or boisterous manner, which tends to disturb or annoy any visitor.
Section 21: FIRES
No person shall:
A. Set or cause to set on fire any tree, woodland, brush, grassland, meadow.
B. Build any fire except within fireplaces, metal grills, approved fire rings or open spaces approved and designated by the Department for such purposes.
C. Drop, dump, throw or otherwise scatter lighted matches, ashes, burning cigars, cigarettes, tobacco paper or other flammable material.
D. Leave fires unattended at any time or not fully extinguished before being abandoned within the Park System.
SECTION 22: FIREWORKS AND EXPLOSIVES
The possession or discharge of any fireworks or explosives on property within the Park System is prohibited, except with written permission from the Director.
SECTION 23: ANIMALS, BIRDS AND REPTILES
No person shall:
A. Pursue, catch, attempt to catch, strike, molest, wound, or kill any bird, animal or reptiles or disturb any nest, lair, den, burrow or the like of any animal, except in such limited areas which the Department may from time to time designate as authorized hunting areas.
B. Hunt or fish except in accordance with the laws of the State of Pennsylvania and as authorized by the Department.
C. Drive or pursue any wild bird or animal from the confines of the Park System.
D. Use vehicle headlights or spotlights for the purpose of viewing any animal after sunset when the park is not open to the public.
SECTION 24: FISHING
Fishing is permitted in all areas within the Park System. In all cases, the Pennsylvania Fish & Boat Commission shall regulate such activities and any violation of Pennsylvania Fish & Boat Regulations will be a direct violation of this section. Fishing is prohibited only in areas specifically posted. Wading in conjunction with fishing activity shall be done in accordance with Section 18.
SECTION 25: HUNTING AND TRAPPING
A. Hunting is prohibited on all property within the Park System unless posted or designated otherwise. The Department may set aside areas, open to the public, for regulated hunting only. The Pennsylvania Game Commission will regulate such areas and any violation of Pennsylvania Game Commission regulations will be a direct violation of this section.
B. Trapping within the Park System is prohibited.
SECTION 26: FIELD TRIAL AREAS
The Department may set aside park areas on a permit basis to be used as field trial areas. Such areas will be open in compliance with Pennsylvania Game Laws.
No person shall:
A. Bring his or her pet or animal into any field trial area during designated periods.
B. Bring his or her dog or other pet into any field trial area unless said dog or pet holds a current year’s license.
C. Allow his or her dog or other pet to be other than in complete control.
D. Possess a firearm or ammunition in the field trial area within the Park System.
SECTION 27: DOGS, PETS AND OTHER ANIMALS
Dogs, pets and other animals must be under control of the owner at all times either by leash or voice command unless otherwise posted.
No person shall:
A. Permit dogs or cats within 100 feet of any picnic pavilion, play equipment or other areas so posted.
B. Bring a dog or pet into the Park System unless said dog or pet holds a current year’s License and up-to-date rabies vaccination tags.
C. Bring, drive or lead any animal into the Park System except that horses may be ridden by persons in charge thereof or driven before a vehicle attached thereto in accordance with Section 9 of this Ordinance.
D. Torture, abuse or neglect any animal.
E. Fail to remove any feces deposited by dogs or pets.
SECTION 28: TRESPASS
No person shall:
A. Enter upon any grounds that have been posted by the Department with “No Trespassing” signs or any sign that would indicate that the area is not open to the general public without first obtaining a permit issued by the Department.
B. Enter any building that is not open to the public.
C. Enter upon any construction site or disturb any construction equipment on property within the Park System except authorized personnel.
Section 29: UNLAWFUL OBSTRUCTION
No person shall:
Force, threaten, intimidate, fence, enclose, or by any other means, prevent or obstruct any person from:
A. Entering, leaving or making full use of the Park System.
B. Accessing their personal property while within the Park System.
This section shall not apply to lawful activities of authorized employees of the Department consistent with the terms of this ordinance and other applicable statues, rules and regulations.
Section 30: RESISTING A PARK RANGER
No person shall:
A. Interfere with or use profanity towards any Park Ranger in the performance of his/her duties.
B. Fail or refuse to obey any lawful command or refuse to assist, during an emergency, any Park Ranger in the performance of his/her duties within the Park System.
C. Provide false information to a Park Ranger.
Section 31: HINDERING EMPLOYEES
No person shall:
Interfere with, use profanity towards, or in any manner hinder any employees or agents of the Department who are performing their official duties, within the Park System.
Section 32: FIREARMS and WEAPONS
A. No person shall:
Bring into or upon the properties within the Park System, nor have in his/her possession, or discharge, anywhere upon said properties, a revolver, pistol, shotgun, rifle, air rifle, air gun, or any gun, firearm or bow and arrow, crossbow, or other weapon. Except that this section shall not apply to any deputy sheriff, police officer, peace officer, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his/her position nor to any person while on or in those areas which may from time to time be designated as hunting areas or bow-fishing areas by the Department.
B. The Park Rangers shall confiscate any weapon in the possession of any person in violation of this section while in or upon property within the Park System.
SECTION 33: SKATE PARK
Protective gear must be worn in any area designated as a skate park.
Use of a skateboard or in-line skates is permitted only within areas designated as a skate park.
Within any area designated as a skate park, no person shall:
A. Use a skateboard without wearing a helmet, kneepads, elbow pads and wrist pads suitable to provide protection in the event of a fall or collision.
B. Use in-line skates without wearing a helmet, kneepads, elbow pads and wrist pads suitable to provide protection in the event of a fall or collision.
C. Use bicycles, scooters or any other device other than skateboards and in-line skates.
D. Have glass containers.
SECTION 34: FEES AND CHARGES
No person shall:
Use any facility, campsite, land or area for which a fee or charge has been established by the Department without pre-payment of such fee or charge.
SECTION 35: NATURAL AREAS
Natural Areas in the Park System will be specific sites set aside where no buildings or structures are permitted. These areas are to be used by the public for their intended purpose and shall remain as nearly as possible uninfluenced by man, excepting accommodations for visitors for passive recreational uses.
SECTION 36: STATE STATUES, OTHER APPLICABLE REGULATIONS
Any person violating any law, rule or regulation of the Commonwealth of Pennsylvania or any Commonwealth agencies which are in force and effect and applicable to any conduct covered by this ordinance shall be prosecuted under such statute, rule or regulation, and be punished in accordance with the penalty provisions thereunto appertaining.
SECTION 37: PENALTIES
Any person who violates any provisions of this ordinance shall, for every such offense, upon conviction thereof in a summary proceeding before a magistrate or district justice or other appropriate judicial official, be sentenced to pay a fine not more than three hundred dollars ($300.00), as well as the cost of restitution, as applicable, and /or to undergo imprisonment for a term not exceeding ninety (90) days. In addition, such person shall be liable to the full extent for any damage that he or she causes. Furthermore, any violation of this ordinance may, at the sole discretion of the Chief Park Ranger, result in an expulsion from all County park properties for a minimum of six (6) months but not to exceed two (2) years depending on the severity of the violation.
SECTION 38: ARREST POWERS
Park Rangers are Police Officers appointed pursuant to 16 P.S. § 2512(a) and Peace Officers in accordance with 18 Pa.C.S.A. § 501 and are hereby authorized to arrest, without warrant, any offender against the provisions of this ordinance and to take such persons before a magistrate, district justice, or other appropriate judicial officer having competent jurisdiction as well as perform all other duties permitted by law.
SECTION 39: SEVERABILITY
The provisions of this ordinance are severable. If any sentence, clause or section of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not invalidate the remainder of this ordinance, and it is hereby declared to be the intention of the County Commissioners of the County of Lancaster that this ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause or section not have been included herein.
SECTION 40: REPEALER
All ordinances and resolutions or parts thereof which are inconsistent herewith and hereby repealed insofar as they are inconsistent.
ENACTED and ORDAINED BY the Board of County Commissioners of the County of Lancaster, Pennsylvania, this ___ day of _________, ____.
ATTEST: __________________________________
Dennis P. Stuckey, Chairman
________________________________ __________________________________
Andrea McCue, Chief Clerk Scott F. Martin, Vice Chairman
County of Lancaster, PA
Date: February 13, 2008 __________________________________
Craig E. Lehman
Board of Commissioners of
Lancaster County, Pennsylvania
2/13/08
