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Public Notice

60 West Emaus Street
Middletown, PA 60 West Ema
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TO THE RESIDENTS OF THE BOROUGH OF MIDDLETOWN

Notice is hereby given that the Borough Council of the Borough of Middletown will consider for adoption the following ordinance at the regular business meeting on October 3, 2017 at 7 p.m. in the Council Chambers of Middletown Borough Council located at Borough Hall, 60 West Emaus Street, Middletown, PA 17057.

ORDINANCE NO. 1344

MIDDLETOWN BOROUGH, DAUPHIN COUNTY, PENNSYLVANIA

AN ORDINANCE OF THE BOROUGH OF MIDDLETOWN, PENNSYLVANIA, AMENDING CHAPTER 195 OF THE CODE OF ORDINANCES BY MODIFYING THE OPERATING POLICY OF THE RECREATION, PARK AND CONSERVATION AREAS OF THE BOROUGH OF MIDDLETOWN

WHEREAS, Chapter 195 of the Borough of Middletown Code of Ordinances provides for the preservation of public parklands, recreation facilities and conservation areas within the Borough of Middletown for the residents of the Borough; and

WHEREAS, Chapter 195 of the Borough of Middletown Code of Ordinances further regulates activities within the public parklands, recreation facilities and conservation areas within the Borough to prevent nuisances to the residents in the use of such lands; and

WHEREAS, Section 195 of the Borough of Middletown Code of Ordinances provides for certain hours of operation of public recreation, park and conservation lands, among other things; and

WHEREAS, the Council of the Borough of Middletown desires to amend Section 195 of the Code of Ordinances to provide for the delegation of certain duties, to clarify the process for requesting use of the public recreation, park and conservation lands, and to modify the hours of operation of certain public recreation, park and conservation lands to better serve the desired goal of providing public recreation space free of nuisances.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Council of the Borough of Middletown as follows:

Section 1. Section 195-3 of the Borough of Middletown Code of Ordinances is hereby amended and restated as follows:

ยง195-3 Operating policy.

A. Hours of operation.

1. Recreation, park and conservation areas shall generally be open daily to the public between dawn and dusk, with certain limited exceptions:

a. This shall not preclude free access to and egress from the Swatara Creek at the Pennsylvania Fish Commission boat launching ramp near the end of South Union Street in connection with night fishing.

b.Use of any lighted recreational areas, including the basketball courts, tennis courts, and sand volleyball court at Hoffer Park and the baseball field at Oak Hill Park, may continue past regular operating hours for as long as the lights are lit. Arrangements for use of the lights must be made in advance by special permit from the office of the Borough Manager.

2. It shall be unlawful for any person or persons, other than borough personnel conducting borough business therein, to occupy or be present in said park during any hours in which the park is not open to the public, except by special permit from the office of the Borough Manager.

3. Any section or part of the recreation, park or conservation areas may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. During such periods of time, it shall be unlawful to enter upon or to occupy such areas or portions thereof contrary to posted regulations.

B. Group activity. Whenever any Middletown group, association or organization desires to use recreation or park facilities for a particular purpose, a representative of said group, association or organization shall first obtain a special permit for such use in specially designated areas from the office of the Borough Manager.

1. The Borough Manager may delegate his responsibilities under this Section to another appropriate Borough employee or the Recreation Director of the Olmsted Regional Recreation Board (or any successor organization).

2. The Borough Council may adopt a building or park or conservation area utilization form to be used by the Borough Manager or designee.

C. The Borough Manager or designee shall grant the permit if it appears that the group, association or organization will not interfere with the general use of the park by members of the public, if the intended use of it is consistent with the purposes of the building, park or conservation area and implicit in their character, and if the group, association or organization meets all other conditions contained in the application.

1. In the event that application is made by a group, association or organization for a use that is not consistent with the intended purposes of the park, such as theatrical or entertainment performances, then the Borough Manager or designee shall seek the approval of Borough Council for such special permit.

2. In the case of any special permit or request for use, the Borough may require an indemnity bond or other security to protect the Borough from any liability of any kind or character and to protect Borough property from damage.

D. Use of facilities. Facilities and areas in Borough recreation, park or conservancy sites shall be used only for the purposes designated or implicit in their character. Special activities, including but not limited to flying model airplanes, tournaments, and the operation of motor scooters, motorcycles, minibikes, go-carts, snowmobiles and similar vehicles, shall be permitted only at locations or trails specifically designated for such use and at times established. No golf shall be played on any Borough property, in any Borough park land or conservation area, irrespective of the type of balls used.

E. Motor vehicles. Licensed motor vehicles shall be permitted only on designated roadways. The speed limit for such vehicles on such roadways shall be ten (10) miles per hour. Motor scooters, motorcycles, minibikes, go-carts and snowmobiles shall not be permitted on roadways designated for licensed vehicular traffic unless licensed for travel on the public roads of the Commonwealth of Pennsylvania. All vehicles shall be parked in areas or places so provided and designated. Parking in places contrary to posted regulations and times is prohibited, and such vehicles may be removed by the Borough at the owner's expense. All vehicles must exit the park area at the regular closing time or within fifteen (15) minutes after the lights have been turned off if the driver is attending an event at Hoffer or Oak Hill Parks as set forth in Section 195-3(A)(1)(b), whichever is later. It shall be unlawful to clean, wash, repair or do any work whatsoever on private vehicles within recreation, park and conservation areas, except for emergency repairs.

F. Fees. The Borough Manager or designee shall have the authority to issue a fee schedule for special permits and/or requests for use, set the amount of deposits and prescribe conditions under which deposits are collected or forfeited. Such revenue shall be used for recreation, park and conservation purposes within the general fund.

Section 2. All other provisions of Chapter 195 of the Borough of Middletown Code of Ordinances not otherwise modified herein shall remain in full force and effect.

Section 3. Severability. The provisions of this ordinance are severable, and if any clause, sentence, subsection, section, article or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article or part thereof rendered. It is hereby declared to be the intent of the Borough Council that this ordinance would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article or part thereof had not been included therein.

Section 4. Effective Date. This ordinance shall become effective immediately after enactment by Borough Council and approval of the Mayor of the Borough as set forth below.

If you would like to obtain a copy of the proposed Ordinance prior to the regular business meeting, please contact the Borough Secretary at 717-902-0706 or at gmiller1@middletownborough.com.

BOROUGH OF MIDDLETOWN Grace Miller, Borough Secretary 60 West Emaus Street Middletown, PA 17057

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Posted 12/31/1969