Municipalities in violation of §6120 (Preemption)

[gnbrotz]

Allentown (city)(Lehigh county)
Status: In place, one reported confiscation. Firearm returned without pursuit of legal action.
Enacted on: 6/19/62

Found online here.

ARTICLE 734
WEAPONS

734.01 No Carrying or Discharging of Firearms or Weapons
734.02 Exceptions
734.03 Police Action Against Violators
734.99 Penalty
Discharge of Weapons – 3rd Class §2403 (26) (53 P.S. §2403 926)
Uniform Firearms Act – 18 P.S. §6101 et seq.

734.01 NO CARRYING OR DISCHARGING OF FIREARMS OR WEAPONS

No person shall use, carry or discharge firearms of any kind, air rifles, spring guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety within the limits of the City or upon any property owned by the City. (9828 §1 6/19/62)

734.02 EXCEPTIONS

This regulation shall not apply to the use of the within-mentioned weapons at indoor or outdoor ranges approved by the Chief of Police or to licensed hunters carrying such weapons upon leaving or returning to the City from unlawful hunting beyond the City limits. (9828 §2 6/19/62)

734.03 POLICE ACTION AGAINST VIOLATORS

The Chief of Police shall have the right to seize, take, possess, remove or destroy any weapons herein mentioned involved in a violation of the provisions of this article. (9828 §3 6/19/62)

734.99 PENALTY

Any person violating any of the provisions of this article shall be fined not more than One Thousand ($1,000) Dollars or imprisoned more than ninety (90) days, or both. (11995 §1 2/21/73; 13034 §5 3/6/91)

[gnbrotz]

Morrisville Borough (Bucks county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 04/14/1992
Originally posted by Statkowski:

Gotta love the Internet and municipalities putting their ordinances on-line. In defense of the following (it's not much of a defense, but it is a small one), it looks like the 1985 ordinance was just copied over when the borough codified its ordinances.

http://e-codes.generalcode.com/codeb...t=ws&cb=2399_A

Chapter 189: FIREARMS
[HISTORY: Adopted by the Borough Council of the Borough of Morrisville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 80.
Parks and recreation areas — See Ch. 305.
Disorderly conduct — See Ch. 312.
Zoning — See Ch. 465.

ARTICLE II Possession of Firearms in Borough Buildings [Adopted 4-14-1992 by Ord. No. 855]

§ 189-5. Prohibited acts.
No person shall carry or have in his or her possession or on his or her person a firearm while in any of the following rooms or areas of buildings owned or under custody of Morrisville Borough including, but not limited to the Borough Municipal Building, Annex Building, Library and Water Treatment Plant as follows:
A. The Police Department, except when this provision is waived by the police officer in charge;

B. Any non-public office or office area including the public area of the counter of the Borough Administration offices;

C. Any store room; and

D. Any meeting room (including Council Chambers and the Caucus Room) while such room is occupied by a person(s).

§ 189-6. Definition.
A firearm is herein defined as any pistol, shot-gun, rifle or similar weapon from which a projectile is fired by gunpowder.

§ 189-7. Exceptions.
The provisions of this article shall not apply to:
A. Constables, sheriffs, prison or jail wardens or their deputies, policemen of this Commonwealth or its political subdivisions, or other law enforcement officers;

B. Members of the United States military services or organized reserves when on duty;

C. Officers or employees of the United States duly authorized to carry a concealed firearm;

D. Agents, messengers and other employees of common carriers, banks or business firms, whose duties require them to protect monies, valuables and other property in the discharge of such duties; and,

E. Any person engaged in the business of manufacturing, repairing or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

§ 189-8. Violations and penalties.
Any person or individual violating the provisions of this article shall be guilty of a summary offense and upon conviction thereof before a District Justice shall be subject to the payment of a fine not less than $100 nor more than $600 and the costs of prosecution, and in default of payment thereof, shall undergo imprisonment in the Bucks County Prison for a period not exceeding five days.

*Note that no exceptions are made for the lawful carrying of firearms by The People (either concealed carry with an LTCF or open carry without). Clearly this is contrary to the Uniform Firearms Act of 1995 (which the ordinance predates).

Morrisville Borough (Bucks county)
Status: Currently in place. No known incidents where it was enforced.
Enacted: 10/14/1969

The borough's parks & recreation ordinance is a little more confusing.

http://e-codes.generalcode.com/codeb...t=ws&cb=2399_A

Chapter 305: PARKS AND RECREATION AREAS
[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 10-14-1969 by Ord. No. 624. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 80.
Alcoholic beverages — See Ch. 110.
Amusements — See Ch. 114.
Animals — See Ch. 118.
Bicycles — See Ch. 125.
Outdoor burning — See Ch. 136.
Curfew — See Ch. 169.
Firearms — See Ch. 189.
Littering — See Ch. 272.
Loitering — See Ch. 278.
Disorderly conduct — See Ch. 312.
Transient retail merchants — See Ch. 316, Art. I.
Solid waste — See Ch. 360.
Subdivision and land development — See Ch. 390.
Vehicles and traffic — See Ch. 435.
Zoning — See Ch. 465.

§ 305-1. Rules and regulations applicable to all parks and playgrounds; fees. [Amended 10-27-1969 by Ord. No. 625; 8-11-1970 by Ord. No. 633; 9-12-1972 by Ord. No. 657; 9-9-1980 by Ord. No. 754; 8-14-1984 by Ord. No. 789; 5-15-2000 by Ord. No. 905; 6-17-2002 by Ord. No. 920] For the purposes of this chapter, natural lands in Zoning District CS-2 shall be considered parks. See Chapter 465, Zoning, Article IV, for additional regulations. The following rules and regulations shall apply to all parks and playgrounds under the jurisdiction and control of the Borough of Morrisville:

A. Park usage.

(1) Usage of athletic fields and game areas in parks and playgrounds is restricted to Borough residents and their guests only.

(2) No persons, other than authorized Borough personnel, shall be allowed in a park or playground from dusk to dawn except that Borough Council may from time to time grant permission for an event sponsored by a Borough or Morrisville-based organization. The Borough shall make such policy, rules or regulations as it deems appropriate. Approval shall be at the sole discretion of the Borough Council. [Amended 5-21-2002 by Ord. No. 919]

(3) No dogs or other animals shall be permitted in Borough parks or playgrounds, except under leash and under control of the owner. The provisions of Chapter 118, Animals, Article III, Control of Animal Defecation on Public and Private Property, of the Code of the Borough of Morrisville, are applicable to parks and playgrounds, and the terms and conditions thereof are incorporated herein by reference as though set forth in full.

(4) The activities listed below shall not be permitted in any park or playground unless a permit has been secured for such activity from the Borough Council, or its agent, the Borough Manager. No permit shall be issued unless an application therefor shall have been made at least 24 hours before the time of the activity. In the case of seasonal activities, a permit may be issued for the entire season.

(a) Groups or parties in excess of 12 persons.

(b) Placements of placards, advertisements or public notices.

(c) Fires, other than in a fireplace or other equipment provided for cooking purposes, or for a bonfire or campfire as part of an authorized event.

(d) Firearms or the discharge of firearms or other weapons.

(e) Soliciting of alms or subscriptions.

(f) Selling or exposing for sale any articles.

"Firearms" is listed as an activity warranting a permit issued by the borough council. Huh?

[gnbrotz]

Pointed out to me by another user:
Can be found online here.

West Whiteland Twp. (Chester County)

ARTICLE I Parks and Open Space Regulations
§ 224-1. Implementation.

The purpose of this article is to provide rules and regulations for the use of and conduct in the developed parks, designated open space and undeveloped parkland owned or operated by West Whiteland Township. The rules and regulations of this article apply to all parks, playgrounds, fields, trails, and open space owned or operated by the Township open to the public for active or passive recreational use. The term "parks" as used herein shall include all of the aforementioned recreational areas and the facilities located therein. This article is enacted to protect the health, safety and welfare of the Township's residents and park users. The Township reserves the right to, and may from time to time, amend or enact rules and regulations by resolution of the Township Board of Supervisors which it considers necessary and proper to implement the provisions of this article and for the proper administration of the parks.

§ 224-2. General rules.
H. Firearms. No person other than an officer of the law shall carry any firearm within the limits of the parks.

[gnbrotz]

I'm unclear on the specifics of how deep this violation goes, but when attempting to reserve a pavilion in Hazle Township, I found that their "Park Rules" (included with the pavilion rental application) listed as Rule #6 - "Hunting and possession of firearms are prohibited".

I have already addressed this via e-mail to the folks I was in touch with regarding the rental, and they have forwarded the e-mail on to the Solicitor at my request. Hopefully this one won't be on the list for very long.

[gnbrotz]

Indiana County Parks:

Firearms are prohibited, except in areas designated for hunting.

RESOLVED

See here (Municipalities in violation of §6120 (Preemption)) for details.

[Statkowski]

Appropriate letter going out this morning to the Indiana County Commissioners with info copy to the Indiana County Parks Director.

[gnbrotz]

I've created a Google map to illustrate these violations. It can be found here. Red placemarks indicate existing issues, green indicates resolved issues.

OP has been updated with this info also.

[edstephan]

Municipality of Monroeville, PA
Chapter 274: PARK, RECREATION AND CONSERVATION AREAS

§ 274-4. Additional restrictions. A. Fires and fireworks. Fires may not be built or allowed anywhere in recreation, park or conservation areas, except in stoves, fireplaces or designated areas provided for that purpose. Permits must be secured for any fireworks at any time and for fires to be maintained after closing time.
B. Animals. It shall be unlawful for owners of domesticated animals to permit same within recreation, park or conservation areas without being restrained by a leash not to exceed six feet in length and accompanied by an adult or minor capable of controlling said animal. If such animal should defecate upon a recreation, park or conservation area, the owner or guardian of said animal shall be responsible for the immediate cleanup and proper disposal of feces. Any injuries, expenses and/or damages caused by said animal which are not due to the contributory negligence of another person shall be the sole responsibility of the animal's owner. Permits may be obtained for the training and/or exhibition of animals in designated areas. It shall be unlawful to bring any dangerous animal into any recreation, park or conservation area.
C. Gambling. Gambling is prohibited in recreation, park and conservation lands.
D. Merchandising, advertising and signs. No person shall, in recreation, park or conservation areas: (1) Offer for sale any article or thing, nor station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing except under the authority of the Director of Recreation, Parks and Human Services by application and permit.
(2) Announce, advertise or call the public attention in any way to any article or service for sale or hire.
(3) Post, paste, fasten, paint, write, draw, carve, tack or affix any placard, bill, notice, sign, advertisement or any inscription whatever upon any structure, tree, stone, fence, thing or enclosure within any recreation, park or conservation area or on any public land or highways or roads adjacent to any recreation, park or conservation area, except that the Department of Recreation, Parks and Human Services may place informational signs within such areas. (a) For the Community Park only features and facilities may be named for persons, organizations, or businesses upon application and approval by Municipal Council and approved identifying signage/inscription may be placed on or near the approved named feature or facility in accordance with standards designed and approved by the Municipality. [Added 7-12-2005 by Ord. No. 2338 Editor's Note: Section 2 of this ordinance provides as follows: "The Monroeville Foundation, Inc. is designated as the representative of the Municipality of Monroeville to market and accept applications for naming of features and facilities in the Community Park subject to final approval of Municipal Council." Also attached to this ordinance were the "Community Park Features and Facilities Naming Application Fees" which are on file in the office of the Municipal Manager. ]

(4) Notwithstanding the restrictions set forth in Subsection D(1), (2) and (3) of this section, Municipal Council may place an appropriate plaque honoring any person or other entity who provides or sponsors a service or physical improvement benefiting the park and the citizens of Monroeville.

E. Aircraft. Except for emergency or other special circumstances authorized by the Municipal Council, it shall be unlawful to land a private or commercial airplane or helicopter on recreation park and conservation lands.
F. Personal conduct. It shall be unlawful for any person in any recreation, park or conservation area to: (1) Disturb the peace or use profane or obscene language.
(2) Endanger the safety of any person by any conduct or act.
(3) Commit any assault, battery or engage in fighting.
(4) Possess any firearm, rifle, explosive device, bow, arrow, knife or any other offensive weapon.
(5) Carry, possess or drink any alcoholic beverage, including beer, except as otherwise permitted under § 274-3B.
(6) Carry, possess or use any drugs or controlled substances, excluding legally prescribed medications.
(7) Violate any rule for the use of the park made or approved by the Department of Recreation, Parks and Human Services.
(8) Prevent any person from using any park or any of its facilities or interfere with such use in compliance with this article and rules applicable to such use.
(9) Act in any unlawful, disorderly or disruptive manner or against the best interests of the areas or other people.
(10) Use amplified sound, including radios or musical instruments, without a permit.
(11) Bring any glass container to be used for the consumption of any beverage or other product.

G. Consumption of alcoholic beverages. Editor's Note: See also Ch. 278, Peace and Good Order, Art. IV, Alcoholic Beverages at Publicly Owned Facilities. The sale, purchase, attempt to purchase, possession and/or consumption of liquor or malt or brewed beverages shall be prohibited at the Bel Aire Municipal Pool facility. No pool party permit shall be issued that would include said sale, purchase, attempt to purchase, possession and/or consumption of liquor or malt or brewed beverages.


§ 274-5. Enforcement.

The Municipal Manager and agents designated by him/her, primarily the Director of Recreation, Parks and Human Services, shall administer the provisions of this article, including the establishment and collection of fees, preparation of application forms, issuance and revocation of permits, promulgation of rules and regulations to implement the provisions of this article and all other decisions relative thereto. When acts or conduct of individuals or groups is determined to be in violation of this article or rules and regulations promulgated by the authority of this article or not to be in the best interests of the recreation, park and conservancy area; or when such acts or conduct endangers other people, private or public property; or when such acts are deemed to be disruptive to the surrounding neighborhood, the Municipal Police, Director of Recreation, Parks and Human Services or his/her agent assigned to such area or program shall have the authority to cause such acts to be terminated, or to expel the perpetrators of such acts from the area, or to call the Municipal Police to arrest and detain such individual or individuals, or to file a complaint for the violation of this article with a Justice of the Peace.

§ 274-6. Violations and penalties.

Any person violating any of the provisions of this article and convicted of same shall be liable to a fine of not less than $25, plus costs, nor more than $300. Where such violator has removed, destroyed, damaged, defaced or befouled the recreation, park and conservation area or the contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. Further use of recreation and park facilities may be denied to violators of this article in addition to the imposition of fines or costs.

[mjf]

Latimore Township Parks

http://www.latimore.org/park/regulations.html

H. The following are prohibited:
1. Distribution or consumption of any alcoholic or intoxicating beverages, or any controlled substances (unless prescribed by a licensed medical doctor for use by the possessor of it);
2. Gambling or solicitation not authorized by the Township;
3. Possession of any type of firearm;
4. Annoyance of others by disorderly conduct, indecent or obscene language, loitering, threatening or dangerous actions;
5. Damaging, defacing, destroying or removing park property, buildings, equipment, signs, structures or other materials;
6. Discarding of trash, garbage, or other litter not generated on the premises. Trash, garbage or litter generated on the premises must be discarded into containers provided for that purpose;
7. Distribution or advertisements, placards, or notices (except as authorized by the recreation and park board or Board of Supervisors) or posting of the same;
8. Pets, except when properly controlled and kept on a leash not exceeding six feet in length. All pet waste must be cleaned up by the pet's owners. All animals are prohibited from the baseball, softball, and soccer playing fields;
9. Operating, stopping or parking any vehicle except on designated areas. There shall be no parking permitted on any grassy area or on the roads;
10. Fires, except in facilities provided for such purpose;
11. Snowmobiles, all-terrain vehicles, go-carts, mini-bikes, motorcycles, scooter bikes or like vehicles;
12. Flying model airplanes or the like;
13. Climbing of any of the fences within the park is prohibited; and
14. Use of bows and arrows, javelins, discus or similar athletic equipment dangerous in character.

[mjf]

http://www.ansonbnixonpark.org/rules.html

Nixon Park
Kennett Area Park Authority

All permit requests must be received at least one week prior to the proposed use.

1. The Park shall be opened from 7 a.m. to dusk.
2. Alcoholic beverages are strictly prohibited, except by special permit.
3. Possession and/or use of controlled substances are strictly prohibited. The illegal material is subject to confiscation and the proper authorities will be notified.
4. Disorderly conduct, such as intoxication, indecent language, indecent exposure, or excessive noise (as defined by Kennett Square Borough ordinance) is not permitted.
5. For use by large groups, see RuIes for Gatherings of Special Groups.
6. Littering, dumping or disposing of trash or refuse of any kind in the Park, except in designated refuse containers, is strictly prohibited. Violation of this rule is subject to a $300 fine for each and every offense.
7. Injuring, defacing, removing, cutting, or damaging any structure, sign, fixture, tree, shrub, or flowering plant in the Park is strictly prohibited.
8. Injuring, defacing, or destroying any notice, rule, or regulation posted in the Park is strictly prohibited. No notices or placards may be posted within the Park without permission from the Park Authority.
9. Removing or relocating any bench, seat, table or grill without permission from the Park Authority is not permitted.
10. Fires are permitted only in grills in the picnic areas.
11. The possession or use of fireworks in the Park is prohibited.
12. Motorized vehicles must be licensed and are restricted to parking lots and paved roadways leading to them.
13. No sound amplification equipment is allowed in the Park without the consent of the Park Authority.
14. Solicitation of any kind within the Park, without written permission from the Park Authority, is not permitted.
15. Hunting, trapping, shooting, capturing, or injuring any animal in the Park is strictly forbidden. Fishing in the ponds is permitted at the person's own risk.
16. Possession or use of any firearm (except for on-duty police officers), bow-and-arrow or other harmful weapon within the Park is strictly prohibited.
17. Swimming, ice-skating and boating are not permitted.
18. All pets in the Park shall be leashed at all times.
19. Skateboarding not permitted.

Actual ownership and regulating authority is unclear as it applies to preemption. We are currently investigating further to determine if preemption applies or not. ~gnbrotz