Playground Ordinance

An ordinance of the Borough of Centerport, County of Berks, Commonwealth of Pennsylvania, repealing Ordinance 153-2008 and re-establishing rules and regulations for the use of public recreational facilities within the Borough.

Whereas, the Borough has the authority, pursuant to section 2701 of the Borough Code, 53 P.S., 47701, to improve, maintain and regulate public parks within the Borough; and;

Whereas, the Borough adopted Ordinance 153-2008 on December 1, 2008, to regulate the use of the public parks within the Borough; and

Whereas, since the adoption of Ordinance 153-2008, changes to the public parks and the actual uses of the public parks within the Borough have rendered portions of Ordinance 153-2008, obsolete and unenforceable; and

Whereas, Council is of the opinion that Ordinance 153-2008, should be repealed in its entirety and a new ordinance adopted to establish appropriate rules and regulations for the Borough’s public parks and recreation facilities.

Now Therefore, Council for the Borough of Centerport hereby ENACTS and ORDAINS as follows:

Section 1. TITLE.
This ordinance shall be known as the Centerport Borough Parks and Recreation Ordinance.

Section 2. DEFINITIONS:
The following words and phrases used in this Ordinance shall have the meanings given to them in this section.
“Borough.” The Borough of Centerport, County of Berks, Commonwealth of Pennsylvania.
“Council.” Council for the Borough of Centerport, County of Berks, Commonwealth of Pennsylvania.
“Mayor.” The Mayor of the Borough of Centerport, County of Berks, Commonwealth of Pennsylvania.
“Recreation Facilities.” Real property owned by the Borough and made available to residents of the Borough for outdoor recreational purposes. The Recreation Facilities consist of:
“Public Park.” The 3+ acre tract of land located south of Chestnut Street owned by the Borough improved with and containing a public parking lot, a walking trail, playground equipment and a storm water detention pond.
“Basketball Court.” The partially-fenced area adjacent to the Borough office improved with an impervious surface and two basketball hoops.

Section 3. HOURS OF OPERATION
A. The Recreation Facilities shall be open to the public for all lawful purposes from sunrise until sunset.
B. Anyone in a Recreation Facility after sunset and before sunrise without written permission from Borough Council shall be deemed to be a defiant trespasser and may be subject to prosecution pursuant to the defiant trespasser provisions of the Pennsylvania Crimes Code, 18 Pa.C.S., 3503(b).

Section 4. ALCOHOLIC BEVERAGES.
Possession and/or consumption of any alcoholic beverage at or within any Recreation Facility is strictly prohibited.

Section 5. CONTROLLED SUBSTANCES.
Possession and/or consumption of any controlled substance, as that term is defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S., 780-101, et seq., at or within any Recreation Facility is strictly prohibited.

Section 6. SMOKING.
All forms of smoking are strictly prohibited at or within any Recreation Facility.

Section 7. PETS.
A. No pets shall be permitted at the Basketball Court.
B. Only pets that are controlled with a leash, harness and/or muzzle and supervised by their owner and/or authorized care-taker are permitted at or within the Public Park.
C. No unsupervised pets are permitted in the Public Park.
D. No pets are permitted to run free within the Public Park.

Section 8. VEHICLES.
A. All vehicles shall park only in the designated parking area at the Public Park.
B. No unlicensed vehicles shall be parked in the designated parking area of the Public Park.

Section 9. TRASH.
A. All trash generated while using the Recreational Facilities shall be placed in receptacles provided by the Borough.
B. No trash generated outside the Recreational Facilities shall be placed in the Borough provided receptacles located at the Recreational Facilities.

Section 10. ENFORCEMENT.
A. Except as otherwise provided within this Ordinance, a violation of any provision of this Ordinance shall constitute a summary criminal offense as set forth in section 3301 of the Borough Code, 53 P.S., 48301.
B. The Mayor, pursuant to his/her powers to enforce Borough Ordinances as set forth in section 1029 of the Borough Code, 53 P.S., 46029, shall initiate a summary criminal proceeding in the Magisterial District Court serving the Borough.
C. Upon conviction, the violator may be fined up to $300.00, and sentenced to incarceration for a period not to exceed ninety (90) days for each violation.

Section 11. REPEAL.
Ordinance 153-2008, is hereby specifically repealed in its entirety. Any other ordinance or provision within an ordinance inconsistent with the provisions of this Ordinance is hereby specifically repealed.

Section 12. VALIDITY.
If any sentence, clause or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared to be the intent of Borough Council that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

Section 13. EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption by Borough Council and approval by the Mayor.

Ordained and Enacted by a majority vote of Council this 28th day of December, 2011.