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May 26th, 2010, 08:29 AM #1
Upper Allen Proposes To Amend 35 Year Old Preemption Violation
Did somebody here help make this happen?
http://www.mypublicnotices.com/PennL...e&AdId=1919892
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COMMISSIONERS OF
NOTICE IS HEREBY GIVEN THAT THE BOARD OF COMMISSIONERS OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WILL CONSIDER THE ENACTMENT AND ADOPTION OF THE FOLLOWING ORDINANCE AT A MEETING OF SAID BOARD TO BE HELD ON JUNE 2, 2010, AT 6:30 P.M. AT THE TOWNSHIP OFFICES, 100 GETTYSBURG PIKE, MECHANICSBURG, PENNSYLVANIA.
ORDINANCE NO.___ _____
AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, TO AMEND THE PARKS AND RECREATION ORDINANCE, ENACTED 12 NOVEMBER 1975, CHAPTER 175 OF THE CODE OF THE TOWNSHIP OF UPPER ALLEN, SECTION 175-6.
WHEREAS, the Board of Commissioners of Upper Allen Township ("Board") on 12 November 1975, enacted Ordinance No. 222, entitled Parks and Recreation Ordinance, now Chapter 175 of the Code of Upper Allen; and
WHEREAS, Section 175-6 lists a number of activities that are restricted to occur on Upper Allen Township park land without the expressed prior approval of the Parks and Recreation Board; and
WHEREAS, item F within Section 175-6 specifically restricts the carrying of firearms within the parks or playgrounds of the Township; and
WHEREAS, the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6120(a) expressly preempts township regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of the Commonwealth;
WHEREAS, the Board of Commissioners desires to amend Section 175-6 to comply with the provisions of the Uniform Firearms Act and to regulate the use of paintball guns and paintball markers in said parks and playgrounds;
WHEREAS, item G within Section 175-6 specifically restricts camping or sleeping overnight on the ground or elsewhere within parks owned by Upper Allen Township without the expressed prior approval of the Parks and Recreation Board; and
WHEREAS, the Board of Commissioners desires to amend Section 175-6 to expedite the review and approval of camping requests, by delegating routine review and approval to the Township administrative staff.
NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Commissioners of Upper Allen Township, Cumberland County, Pennsylvania, and it is hereby enacted and ordained by authority of the same:
SECTION 1: The first sentence of Section 175-6 is hereby amended to provide as follows: "No person shall perform the following actions within parks or playgrounds without having previously obtained written consent and approval of the Board or where specifically noted the Township Manager/Assistant Township manager:"
SECTION 2: Subsection 175-6.F is hereby amended to provide as follows: "Carry or discharge an air rifle, an air pistol, paintball gun or paintball marker, fireworks (including rockets), a slingshot or a bow and arrow, provided further that no person shall discharge any firearm within parks or playgrounds.
SECTION 3: Subsection 175-6.G is hereby amended to provide as follows: "Camp or sleep overnight on the ground or elsewhere. (Note: For this subsection, consent and approval can be obtained from either the Board or the Township Manager/Assistant Township Manager)."
SECTION 4: All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
SECTION 5: This Ordinance shall become effective immediately.
This constitutes the Ordinance in its entirety.
Lou Fazekas, Township Manager
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
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