AN ORDINANCE NO. AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 109, Parks And Playgrounds, To Change The Designation Of The Recreation Director And The Recreation Committee Of The Board Of Commissioners To The Parks And Recreation Director And The Parks And Recreation Committee; To Regulate The Carrying Of Firearms In Township Parks Without A Permit, Unless Exempted; To Permit The Parks And Recreation Director To Approve The Parking Of Motor Vehicles In Township Parks; To Allow Dogs On Leashes No Longer Than Eight Feet In Certain Parks, Including Ashbridge Memorial Park; To Prohibit Fuel Powered Model Airplanes And Rockets In Township Parks; To Prohibit Swimming, Bathing And Wading In Creeks And Waterways In Township Parks And In The Schuylkill River Adjacent To Flat Rock Park; To Amend A167 To Remove The Schedule Of Fees For The Use Of Park And Recreation Facilities; To Amend A168 To Amend The Schedule Of Rules And Regulations Pertaining To Township Parks, Including The Adoption Of Rules And Regulations For The Use Of The Flat Rock Park Boating Facilities. The Board Of Commissioners of the Township of Lower Merion hereby ordains: Section 1. The Code of the Township of Lower Merion, Chapter 109 thereof, Parks and Playgrounds, certain designated sections thereof, shall be amended to provide as follows: 109-2. Supervision of parks. All Township parks shall be operated and maintained under the general supervision of the Township Manager acting through the Director of Parks and Recreation and in accordance with policies established by the Board of Commissioners upon recommendation of its Parks and Recreation Committee. 109-3. Duties of Director of Parks and Recreation. B. The Director of Parks and Recreation shall have immediate charge of the use of all parks, park equipment and facilities, shall develop recreational programs under Township sponsorship and shall regulate and issue permits for the use of parks by community groups. He/she may promulgate general regulations for the use of parks subject to the approval of the Board of Commissioners. He/she shall be in charge of parks and recreation employees.
109-4.1. Unlawful acts. F. It shall be unlawful to launch a boat at the Flat Rock Park Boating Facilities unless a permit has been issued therefor. G. It shall be unlawful to violate those Park Rules and Regulations set forth in Chapter A168 hereof. 109-5. Damage to park property; fires in parks. B. No person shall light or permit a fire to burn in a park except in fireplaces designed for such purpose. 109-9. Hours. No person shall be allowed in a park or playground except between sunrise and sunset daily, local time; provided, however, that the Parks and Recreation Committee may by resolution establish different times during which particular parks or playgrounds shall be kept open, subject to ratification by the Board of Commissioners; and the Director of Parks and Recreation shall then post in each park or playground the hours during which it shall be open. It shall be unlawful for any person other than authorized Township personnel to occupy or be present in a park or playground during any hours in which the park or playground is not open to the public. Any portion of a park or playground may be closed to the public by the Township Manager or his/her designated appointee at any time, either temporarily or at regular or stated intervals. 109-10. Exclusion of nonresidents. In view of the fact that the parks have been acquired and are maintained primarily for the use of residents and taxpayers of the Township, the Parks and Recreation Committee, or any person or persons designated by it, shall have the right to exclude therefrom any person who is not a resident or taxpayer of the Township. The Parks and Recreation Committee may likewise by resolution specify the conditions on which any particular park facility or building therein may be used by the public or by any organization or group. The Parks and Recreation Committee's exclusion of nonresidents shall be based upon a policy therefore approved by the Board of Commissioners. 109-11. Group permits. C. Regulations for the use of any group permit can be imposed by the Director of Parks and Recreation. 2
109-12. Motor vehicles. A. It shall be unlawful for any person to park a motor vehicle in any Township park, unless such person is a park patron who is using such park for park purposes during such time as such patron's motor vehicle is parked in such park, unless approved by the Director of Parks and Recreation. B. It shall be unlawful for any person to park a motor vehicle in any Township park at any time other than during park hours, unless approved by the Director of Parks and Recreation. 109-13. Bringing animals into parks. It shall be unlawful for any person to bring any animal other than service dogs into a park or playground, except in the following cases: A. Dogs. (1) Dogs are allowed in the following parks and playgrounds, except that said dogs must be on leashes no longer than eight (8) feet: (o) Ashbridge Memorial Park 109-16. Firearms; fireworks. No person except authorized members of the Police Department shall carry or discharge firearms of any kind in a park without a special permit, unless exempted. The promiscuous use of javelins, arrows, discuses or similar athletic equipment dangerous in character is prohibited unless used under the direct supervision of an authorized playground supervisor. The use of firecrackers, fireworks or rockets is prohibited. 109-17. Bicycles; skateboards; model airplanes; golf. The use of bicycles, skateboards, vehicles powered by motor or motor-powered or fuel powered model airplanes or rockets in a park is prohibited except at locations specifically designated for such purposes. The playing of golf in any park is prohibited except on putting greens and other locations provided for such purposes and specifically so designated. 109-17.1. Swimming. No person shall enter creeks or waterways within Township parks, or the waters of the Schuylkill River from Flat Rock Park for the purpose of swimming, bathing or wading. 3
109-18. Clothing. No person shall appear in bathing attire in any park except within the limits of designated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards. Persons over five years of age shall wear shirts or other proper covering, except for gentlemen while sunbathing.. Dressing or undressing on any beach or in any vehicle, toilet or other place except in bathing houses provided for the purpose is prohibited. 109-19. Merchandising, advertising and signs. B. The activities proscribed in Subsection A above may be performed if the Board of Commissioners has passed a resolution opening that particular park or playground for such activity and thereafter such person has obtained a permit from the Director of Parks and Recreation to conduct such activities in the particular park or playground so opened by resolution. Any application for a permit to be issued by the Director of Parks and Recreation shall be granted or denied by said Director based upon the following conditions and guidelines, and any permit issued by said Director shall be conditioned upon the following: (4) The Director of Parks and Recreation shall designate in the permit the specific area or areas within the park or playground wherein the activity is to be conducted. (6) Any permit may be revoked at any time by the Director of Parks and Recreation if the permittee violates any of the terms, conditions or requirements of his permit or of this chapter, or if the permittee fails to keep his designated area free of refuse, garbage and rubbish. 109-20. Age restrictions for certain parks. Certain parks and playgrounds shall be only for the use of persons of certain ages, and such certain parks and playgrounds and ages shall be as established by resolution of the Parks and Recreation Committee, subject to ratification by the Board of Commissioners. The Director of Parks and Recreation shall then post the ages of persons permitted to use or occupy such certain parks and playgrounds in such respective parks and playgrounds. It shall be unlawful for any person other than authorized Township personnel to use or occupy a park or playground if such person is not of an age permitted to use or occupy such park or playground. 109-20.1. Fees. The Board of Commissioners may from time to time, by resolution, adopt a schedule of fees and charges for Township facilities. In addition, the Director of 4
Parks and Recreation may establish a schedule of administrative fees for the use of Township Facilities with the approval of the Township Manager. Section 2. The Code of the Township of Lower Merion, Chapter A167 thereof, Fees, A167-1, Schedule of Fees, shall be amended by removing therefrom the fee schedule for Chapter 109, Parks and Recreation, to provide as follows: Chapter 109, Parks and Playgrounds Application for permit to use Township property Reservation fee Morning or afternoon (5 hours) $25 Evening (4 hours) $25 Saturday, Sunday or holiday (8 hours) $35 All other days (11 hours) $50 Section 3. The Code of the Township of Lower Merion, Chapter A168 thereof, Park Rules and Regulations, A168-1, Rules and regulations, shall be amended to provide as follows: A168-1. Rules and regulations. Park rules and regulations shall be as follows: C. Organized games. (1) A permit to play organized, pre-arranged, games, such as football, baseball, softball, soccer, lacrosse, rugby, ultimate frisbee, or hockey, in a township park or playground must be obtained from the Director of Parks and Recreation. D. Picnics. A permit to use a picnic area in a township park is required of groups of five (5) or more and will be issued by the Director of Parks and Recreation. Priority will be given to groups and organizations of whom 51% or more are residents or taxpayers (excluding the occupational privilege tax) of the Township of Lower Merion. 5
E. Meetings. (4) Priority will be given to groups and organizations composed of members of whom 51% or more are residents or taxpayers (excluding the occupational privilege tax) of the Township of Lower Merion. Section 4. The Code of the Township of Lower Merion, Chapter A168 thereof, Park Rules and Regulations, shall be amended by the addition of a new A168-3, Flat Rock Park Boating Facilities, to provide as follows: A168-3. Flat Rock Park Boating Facilities. The following rules and regulations shall apply to the Flat Rock Park Boating Facilities: A. Only motorized boats with valid launch permits are allowed to launch at Flat Rock Park. B. All boat operators must follow all established rules and regulations concerning the use of Township boating facilities. C. All boat operators must follow all established Lower Merion Township laws and ordinances. D. All boat operators must follow all PA Fish & Boat Commission Boating Regulations. E. The boat ramp must remain open and clear to allow for launching and retrieving boats. F. The docks are for temporary mooring of boats only. G. The following activities are not permitted on the docks: a. Loitering b. Sunbathing c. Eating or Drinking d. Fishing e. Swimming H. The rigging area is to be used to prepare boats for launch and to secure equipment upon leaving the water. Parking is not permitted in this area. I. Parking for boat trailers is limited to trailer parking spaces. Additional parking for trailers is available at the Hollow Road parking lot. 6
J. Should a boat operator not adhere to any of the rules and regulations, his/her permit may be revoked, fines levied, a fee charged for damages, or any combination thereof. Section 5. Nothing in this Ordinance or in the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Code prior to the adoption of this amendment. Section 6. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision, thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein. Section 7. This Ordinance shall take affect and be in force from and after its approval as required by law. Approved by the Board this day of, 2010. BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION ATTEST: Bruce D. Reed, President Eileen R. Trainer, Secretary 7