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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 6, entitled “Parks and Recreation,” Chapter 650, entitled “Rules and Regulations”.
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Whereas, the home rule charter of Allegheny County, Article IV § 2(k) vests Allegheny County Council with the power and duty to, “[b]y ordinance, lease, convey, vacate, or abandon, or permit the use of County land, buildings, or other real or personal property”; and
Whereas, the Allegheny County Code of Ordinances, Chapter 650 establishes Rules and Regulations governing behavior and activities within the County parks; and
Whereas, Pursuant to the terms of § 650-1 “Prohibited Activities”, and § 650-2 “Regulated Activities”, Council has determined that permitting the enclosed modifications to Allegheny County code of Ordinances will improve safety and preserve the integrity of the County parks and will inure to the benefit of the citizens of Allegheny County; and
Whereas, Article IV, Section 2(k) of the Allegheny County Home Rule Charter vests County Council with the power and duty by ordinance to lease or permit the use of County real property.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
SECTION 2. Amendment of the Code
A. The Allegheny County Code of Ordinances, Division 6, entitled “Parks and Recreation”, Chapter 650, entitled “Rules and Regulations”, § 650-1 “Prohibited Activities”, is hereby amended as follows:
§ 650-1. Prohibited activities.
The below-listed activities are specifically prohibited in any area lying within a County park. Exceptions to these prohibitions will be recognized only upon possession and presentation of a written authorization signed by the Director of the Parks Department, by signs posted by authorized representatives of the Director, or by immediate direction of a County police officer.
A. Motor vehicles.
(1) Driving or parking on grass areas or trails;
(2) Parking at any place where official signs prohibit parking;
(3) Washing, greasing, lubricating, or repairing;
(4) Landing any aircraft for any non-emergency purpose;
(5) Operating any motorized conveyance including but not limited to snowmobiles, motor boats, all-terrain vehicles, motorcycles, or motor scooters except that street licensed vehicles may be used in parking lots, or roads open to traffic.
B. Shrubs, flowers, trees, fungi, grass, turf, soil, or rock formations, minerals, or other natural and cultural resources.
(1) Picking, cutting, breaking, digging, defacing, or injuring in any way. or removing.
(2) Unauthorized plantings.
C. Buildings, structures or park facilities.
(1) Damaging, defacing or misusing in any way.
D. Waste paper, garbage and refuse.
(1) Scattering or depositing except in appropriate receptacles.
(2) Failing to clean up and place all picnic waste paper, garbage and refuse in receptacles provided for that purpose.
(3) Depositing in park receptacles waste paper, garbage or refuse except for that generated in the park by normal or permitted park activities such as picnicking.
E. Animals, birds and fish.
(1) Except as specifically authorized by the Parks Department, molesting, trapping, hunting, capturing, killing or injuring any bird or mammal.
(2) Abandoning animals or birds within the park.
F. Lakes, streams and fountains.
(1) Wading, swimming or diving.
(2) Discharging of any type of waste or toxic materials into, or otherwise contaminating, any lake, stream or fountain.
G. Advertising.
(1) Posting or distributing any notice signs, advertisements or handbills.
(2) Posting regarding permitted park activities may be authorized by the Parks Department or by permit but must be removed by sunset of each day.
H. Weapons and explosives.
(1) Discharge of any firearm or weapon, including but not limited to handguns, rifles, shotguns, crossbow, bow and arrow, air rifle or pistol, any device firing a projectile by compressed gas or spring, such as paintball devices, or as otherwise specifically allowed by permit issued by the Parks Department.
(2) Brandishing of a firearm or weapon, including but not limited to handguns, rifles, shotguns, crossbow, bow and arrow, air rifle or pistol, any device firing a projectile by compressed gas or spring, such as paintball devices, except as otherwise specifically allowed by permit issued by the Parks Department. Firearms may be transported through the park if kept in a car trunk, enclosed in a case, or otherwise inaccessible to use. Nothing contained herein shall prohibit any
person licensed under the Pennsylvania Uniform Firearms Act, 18. P.S. § 6109, from possession of a firearm as defined in the Pennsylvania Uniform Firearms Act, 18 P.S. § 6102.
(3) Possessing, discharging or causing to be discharged a firework, explosive, torpedo, rocket or other pyrotechnic material.
I. Merchandising.
(1) Offering, distributing, supplying, renting or selling any literature, commodity, article, material, equipment, service or supply, except by those doing so pursuant to § 650-2D and E.
J. Noise.
(1) Using electrical amplifying equipment.
K. Alcoholic beverages.
(1) All alcoholic beverages in glass containers.
(2) Possession of an alcoholic beverage in an open container or consumption of alcoholic beverages in areas other than buildings or groves where a permit has been issued under the provisions of § 650-2J.
L. Bottled beverages.
(1) All glass containers.
M. Balloons and Sky Lanterns.
(1) Release of Balloons or Sky Lanterns.
(2) Balloons including helium-filled ballons, latex or water balloons.
B. The Allegheny County Code of Ordinances, Division 6, entitled “Parks and Recreation”, Chapter 650, entitled “Rules and Regulations”, § 650-2 “Regulated Activities”, is hereby amended as follows:
§ 650-2. Regulated activities.
The below-listed activities are permitted in any area lying within a County park but are subject to the regulations indicated herein and those conspicuously posted in the appropriate area.
A. Picnicking, swimming, tennis, golf, skating, bicycling, skiing, sledding, baseball, softball, basketball, soccer, football, boating, fishing, horseback riding, horseshoe pitching, model powered aircraft flying, rollerblading, skateboarding and related and similar forms of recreation are permitted only in areas designed for such use, and in no case shall such use be permitted in areas where park facilities or areas may be damaged.
B. Fires.
(1) Fires are permitted only in stoves, fireplaces, grills or similar designated areas and facilities and must be thoroughly extinguished before leaving the area;
(2) Matches, cigars, cigarettes, charcoal, and all flammable materials must be thoroughly extinguished before being disposed of in accordance with the provisions of § 650-1D;
(3) Smoking shall be prohibited in any area of the park designated by the Director of the Allegheny Parks Department and containing signage clearly delineating the extent of the prohibition. Regardless of the existence or extent of any such designations by the Director, smoking shall in all instances be prohibited, within 25 feet of any designated playground area or portion thereof. For the purposes of this subsection, distances shall be measured in a straight line from any individual who is smoking to the playground paving, apron, rubberized fall material or piece of recreational equipment nearest to that individual.
(4) For the purposes of this subsection a "designated playground area" shall mean specific area meeting any of the following characteristics:
(a) An area having a rubberized fall attenuation material located on its surface or floor; or
(b) An area designated as a playground, skate park or splash park by official County signage; or
(c) A site containing one or more pieces of recreational equipment specifically designed for use by children, including but not limited to swing sets, sliding boards, waterfalls or sprinklers, physical features or other objects specifically designed or placed for use as part of a skate park, and exercise bars.
C. Animals.
(1) Domestic animals are permitted only when on a leash, except in designated off-leash dog areas;
(2) Horses are permitted only on designated horse trails and roads.
(3) Feeding of wildlife and exhibit animals is prohibited.
D. Sale of food and refreshments.
(1) Food and refreshments may be sold only by concessionaires approved by the Parks Department and may only be sold pursuant to the provisions of their respective concession agreements;
(2) If food and refreshment concessionaires are unwilling to provide such service at special events, the holders of the appropriate permits may provide refreshments to the public subject to approval and conditions imposed by the Director of the Parks Department.
E. Charging admission for permit areas and buildings. The holders of permits for special-use areas who are engaged in a non-profit-making enterprise may charge the public for admission to an event. Such a charge is subject to the approval of the Director at least one week prior to the date of the permit.
F. Public gatherings. Meetings, assemblies, parades or related forms of public gatherings will be permitted upon possession and presentation of a written authorization signed by the Director of the Parks Department.
G. Use of permit facilities. Permits are required to reserve buildings, shelters, groves, athletic fields and other facilities.
H. Fishing. Fishing, as regulated by the Pennsylvania Fish Commission, is permitted between the hours of sunrise and midnight at designated areas within North Park and from 8:00 a.m. to sundown at designated areas within Deer Lakes Park.
I. Park hours. At North and South Parks, the park hours are from sunrise to midnight. At all other parks, the park hours are from 8:00 a.m. to sundown.
J. Alcoholic beverages. Consumption of alcoholic beverages shall be limited to groves and buildings where a permit has been issued.
K. Camping. Placing a tent, shelter, lean-to, sleeping bag, bedding material, or camping unit in an area without a valid camping permit for use of that area is prohibited.
L. E-Bikes. Allegheny County Department of Parks generally permits e-bikes on Allegheny County managed trails already open to human-powered bike usage. E-bikes will be treated by department staff equally to human-powered bikes, provided the e-bikes:
•Weigh no more than 100 pounds.
•Do not exceed 20 mph using the motor functionality.
•Are equipped with a motor no more than 750 watts.
•Are equipped with fully functional, operable pedals.
•Do not have a motor exclusively to move an e-bike without pedaling.
Allegheny County Parks and Trails E-Bike Usage:
E-bikes, as described above, are permitted on Allegheny County managed trails where bikes are allowed. E-bikes are prohibited where bikes are prohibited. On trails designated for non-motorized use, operators shall only use human power or pedal-assist power (electric assistance while pedaling) to operate e-bikes. Using the electric motor exclusively to move an e-bike without pedaling is prohibited on non-motorized trails. All operators shall always adhere to safe speeds and/or advised speed limits along trails and e-bike operators shall never use the electric assistance to exceed 20 miles per hour.
E-bikes that exceed weight, wattage, or other specifications identified in this policy are prohibited on Allegheny County Park trails.
Public-Use Roads
All e-bikes are generally permitted on public-use roads within Allegheny County Parks, unless otherwise marked as prohibited. Operators shall abide by the Vehicle Code, local traffic laws, and Allegheny County Park regulations. It is the responsibility of the operator/rider to know which roads permit e-bikes use, as well as the rules and regulations that apply to the specific vehicle in use. All e-bikes operators shall adhere to regulated speed limits. According to Pennsylvania's Vehicle Code (75 Pa. C.S. § 3514), no person under the age of 16 shall operate an e-bike on state and local highways per the Vehicle Code.
C. The Allegheny County Code of Ordinances, Division 6, entitled “Parks and Recreation”, Chapter 650, entitled “Rules and Regulations”, § 650-3 “Violations and Penalties”, is hereby amended as follows:
§ 650-3. Violations and penalties.
A. Penalties.
(1) Violation of prohibited activities - motor vehicles. Any person who violates or fails to comply with the remaining Subsections Subsection A(1) or (2) of § 650-1, concerning prohibited activities in the parks involving motor vehicles, Prohibited Activities, and §650-2 Regulated Activities in the parks, shall receive a parking ticket in the amount of $50 to be paid within seven calendar days of the issuance of the ticket. Failure to pay the ticket within the seven-day time period will result in the issuance of a citation in accordance with the Pennsylvania Rules of Criminal Procedure. and Uupon conviction, the violator shall be guilty of a summary offense, and shall be subject to a fine of not less than $100, nor more than $300, and plus costs equivalent to the costs for summary offenses established by the governing authority as provided in the Judiciary Code, 42 Pa.C.S.A. § 1725.11715.1.
(2) Other violations of parks rules and regulations. Any person who violates or fails to comply with Subsection A(3), (4) or (5) of § 650-1, concerning prohibited activities in the parks involving motor vehicles, shall receive a citation in accordance with the Pennsylvania Rules of Criminal Procedure and upon conviction, shall be guilty of a summary offense, and shall be subject to a fine of not less than $100, nor more than $300, plus costs equivalent to the costs for summary offenses established by the governing authority as provided in the Judiciary Code, 42 Pa.C.S.A. § 1715.1.
B. Revocation of permits. Should any holder of a permit issued by the Director of the Parks Department under the provisions of these regulations be convicted of violating any provision of this section, such may, at his or her discretion, also consider such convictions when evaluating applications for future permits.
C. Separate offense. Each violation hereunder shall constitute a separate offense, subject to the penalties provided in Subsections A and B of this section.
D. All costs incurred as a result of a violation of parks rules and regulations or facility permit regulations, in addition to a 10% administrative cost, will be invoiced to the permit holder.
SECTION 3. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.
SECTION 4. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.
SECTION 5. Effective Date.
This Ordinance will enter into effect immediately upon its approval.