ORDINANCE NO. The following portions of Section 101, Establishment and

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1 ORDINANCE NO. AN ORDINANCE AMENDING PORTIONS OF SECTION 101, SECTION 102, SECTION 104 AND SECTION 105, ALL OF PART 1, GENERAL REGULATIONS, OF CHAPTER 16, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE BOROUGH OF POTTSTOWN, AS AMENDED. SECTION 1. The following portions of Section 101, Establishment and Classification of Parks, of Part 1, General Regulations, of Chapter 16, Parks and Recreation, of the Code of Ordinances of the Borough of Pottstown, as amended, are hereby amended with respect to the following parks: Park Name Location Classification Bark Park Within Memorial Park (King Limited-access park Street and Manatawny Street) Ricketts Community Center Beech Street and Adams Street Limited-purpose park (outdoor area) Manatawny Green 71 West High Street Limited-access park Riverfront Park Hanover Street and Schuylkill River Limited-purpose park (The establishment and designation of other parks referred to in Section 101 remain unchanged.) SECTION 2. Section 102, General Rules and Regulations, of Part 1, General Regulations, of Chapter 16, Parks and Recreation, of the Code of Ordinances of the Borough of Pottstown, as amended, is hereby amended to read as follows: Except as otherwise specifically permitted pursuant to 105, Special Regulations for Certain Parks, below, the following rules and regulations shall apply to all Borough parks: A. Sale and or consumption of alcoholic beverages is prohibited in the parks unless authorized by Borough Council. A person is guilty of a violation of this Part if he has in his possession or control any alcohol or malt beverage in a public park without permission or enters a public park in the Borough in a manifestly intoxicated condition. 1

2 B. Motor Vehicles and Self-Propelled Vehicles Prohibited Except in Designated Areas. A person is guilty of a violation of this Part if he operates or permits to be operated a motor vehicle, bicycle, minibike, moped, tri-wheeler, scooter, go-cart, skateboard, rollerblades, in-line skates or any other self-propelled vehicle in or on a public park, except in the designated parking areas and driveways reserved for or designated for same. C. Swimming Prohibited. A person is guilty of a violation of this Part if he enters the Manatawny Creek or the Schuylkill River for purposes of swimming; however, this does not include licensed fishermen entering the creek or river for the purpose of fishing. D. Criminal Mischief/Vandalism. A person is guilty of a violation of this Part if he intentionally, recklessly or negligently causes destruction to or removal of park equipment, facilities or property. E. Times and Hours of Use. No persona shall be permitted on park property between sunset and sunrise as designated by National Weather Service resources without written permission. F. Golfing and Related Activities Prohibited. All golf and golf-related activities shall be prohibited in Borough parks except in designated areas. G. Animals Prohibited from Playground Areas. A person is guilty of a violation of this Part if he permits an animal, either owned, controlled or in his possession, in any playground area within a park. Animals must be kept under leash to be permitted to traverse the walkways and all areas, with the exception of canines in The Bark Park within Memorial Park. Animal owners or persons otherwise responsible for or in control of animals are required to immediately remove the animal s feces and dispose of same at his/her residence or within a designated receptacle. For the purpose of this subsection, Playground Areas are defined as the area within the perimeter of the tested and attenuated safety surfacing installed beneath play equipment. H. Overnight Parking Prohibited. A person is guilty of a violation of this Part if he permits a motor vehicle to be parked or remain parked in a designated parking area of a public park between sunset and sunrise as designated by National Weather Service resources without written permission. I. Trapping of Animals Prohibited. Except where sanctioned and permitted by the Borough through its Animal Control Officer or other appropriate agents, the trapping of animals in Borough parks is prohibited at all times. For purposes of this subsection, trapping shall mean the securing or attempting to secure possession of any animal or wildlife by means of setting, placing or using any device that is designed to close upon, hold fast, confine or otherwise capture game or wildlife, whether these means result in capturing or not. 2

3 J. Camping/Sleeping Prohibited. A person is guilty of a violation of this Part if he/she sleeps and/or camps out (with or without an RV camper or other vehicle and/or camping equipment) in any park at any time without written permission from the Parks and Recreation Department. K. The sale and/or distribution of goods, products, merchandise, and/or prepackaged food is strictly prohibited unless it has been approved in conjunction with the issuance of a Park and Recreational facilities rental permit. L. Use of tobacco products and vapor-producing products is prohibited in all Playground Areas. For the purpose of this section, Playground Areas are defined as the area within the perimeter of the tested and attenuated safety surfacing installed beneath play equipment. SECTION 3. Section 104, Ball Playing Declared to be a Nuisance in Certain Parks, of Part 1, General Regulations, of Chapter 16, Parks and Recreation, of the Code of Ordinances of the Borough of Pottstown, as amended, is hereby amended to read as follows: Activities involving any type of ball or frisbee are not permitted within ten feet of Playground Areas. For the purpose of this subsection, Playground Areas are defined as the area within the perimeter of the tested and attenuated safety surfacing installed beneath play equipment. SECTION 4. Section 105, Special Regulations for Certain Parks, of Part 1, General Regulations, of Chapter 16, Parks and Recreation, of the Code of Ordinances of the Borough of Pottstown, as amended, is hereby amended to read as follows: 1. No skateboarding, rollerblading, in-line skating, scooter riding or bike riding shall be permitted in any portion or area within the Smith Family Plaza. 2. No personal shall wade in or enter into the fountain or water feature located within the Smith Family Plaza at any time. No person shall allow a pet or other animal to wade in or enter into the fountain or water feature located within the Smith Family Plaza. For purposes of this subsection, wade is defined as swimming, bathing, walking or otherwise entering into a fountain or water feature. 3. In addition to the rules and regulations set forth in 102 above, the following additional rules and regulations shall apply to the Fountain of Youth Spray Park: A. All pets are strictly prohibited. 3

4 B. Regular diapers are strictly prohibited. C. Only swim diapers will be permitted. D. No glass containers are permitted on or within 20 feet of splash pad. E. All youth using the facilities, ages 13 and under must be under direct supervision of adults. 4. In additional to the rules and regulations set forth in 102 above, the following additional rules and regulations shall apply to Trilogy Skateboard Park: A. Use of the park is specifically and exclusively at your own risk. B. Helmets and pads are required. C. Only skateboards and in-line skates are permitted; roller skates are prohibited. D. Glass and glass containers are prohibited within the skate park area as defined by the perimeter fence. E. Criminal mischief, vandalism or removal of park equipment or property will not be tolerated. Violators will be subject to prosecution. F. Park users are required to dispose of all trash and debris properly. G. Vehicle parking is permitted in driveway and parking areas only. SECTION 5. Severability. If any sentence, clause, section or other part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any remaining provisions, sentences, clauses, sections or other parts of this ordinance. It is hereby declared as the intent of the Burgess and Town Council of the Borough of Pottstown that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof, not be included herein. SECTION 6. Repealer/Re-Enactment. All remaining provisions of Part 1, General Regulations, of Chapter 16, Parks and Recreation, of the Code of Ordinances of the Borough of Pottstown, as amended, to the extent not inconsistent herewith, are hereby reenacted and reordained. SECTION 7. Effective Date. This ordinance will become effective immediately upon enactment. 4

5 THE BURGESS AND TOWN COUNCIL OF THE BOROUGH OF POTTSTOWN BY: Dan Weand, President ATTEST: Virginia L. Takach, Secretary Approved this day of, A.D., Stephanie A. Henrick, Mayor 5