Boyertown Parks Ordinance

[Devrbd]

http://pa.mypublicnotices.com/Public...e&AdId=2079366

NOTICE TO THE
RESIDENTS OF
THE BOROUGH
OF BOYERTOWN

The Borough Council of Boyertown, Berks County, Pennsylvania will consider enactment of the below ordinance on Monday, October 4, 2010, beginning at 7:00 p.m., in the Borough Hall located at 100 South Washington Street in the Borough of Boyertown.

ORDINANCE NO. 03-10

AN ORDINANCE OF THE BOROUGH OF BOYERTOWN, BERKS COUNTY, PENNSYLVANIA, TO AMEND THE CODE OF THE BOROUGH OF BOYERTOWN, CHAPTER 132, ENTITLED "PARKS AND RECREATION AREAS, BY AMENDING SECTION 132.1 PROHIBITED ACTIVITIES AND AMENDING SECTION 132.3 HOURS, AND ADDING SECTION 132.5 CONCERNING DOGS
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Council of the Borough of Boyertown, Berks County, Pennsylvania (the "Borough") as follows:

Section 1 - Chapter 132 of the Code of the Borough of Boyertown, Section 132-1 is hereby amended to read as follows:

1. The following activities or uses are absolutely prohibited at any borough-owned park property:

A. The possession, use or consumption of malt, or alcoholic beverages or of any illegal drugs of any kind.
B. Littering.
C. The possession, use or discharging of firearms.
D. Posting of signs, soliciting or peddling.
E. Defacing or damaging property.
F. Immoral, indecent or disorderly conduct.
G. Snowmobiles or any other motorized vehicle, except automobiles or trucks weighing
less than eight thousand (8,000) pounds each.
H. Use of tobacco product by anyone under eighteen (18) years of age.
I. The riding of skateboards, roller blades, or any other wheeled or rolling device, except in designated areas.
J. Bicycling or bicycles except on parking areas or roadways.
K. Camping, with or without a tent.
L. Entering the park during the hours when the park is closed as provided under §132-3.
M. The use of any playground equipment or any other recreational equipment or facility in a manner or for a purpose other than it's intended use.
N. The use or occupancy of designated children's playground equipment by persons older than twelve (12) years of age, except those persons directly supervising or assisting a child or children twelve (12) years of age or less.

2. Special Prohibitions for Fifth and Franklin Street Mini Park

A. The use of tobacco products by any person, regardless of age.
B. Skateboards, roller blades, or any other wheeled or rolling device within the park.

Section 2. Chapter 132 of the Code of the Borough of Boyertown, Section
132-2 is hereby amended to read as follows:
132.2. Violations and penalties.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than twenty-five dollars ($25) and not more than six hundred dollars ($600), together with the costs of prosecution, and, in default of such fine and costs, shall be imprisoned for not more than thirty (30) days.

Section 3. Chapter 132 of the Code of the Borough of Boyertown, Section 132.3. is hereby amended to read as follows:
132-3. Hours.
The parks shall be open for public use between sunrise and sunset daily. It shall be a violation of this article to enter or remain in any of the parks at any other times except for an event or activity authorized by the Borough.

Section 4. Chapter 132 of the Code of the Borough of Boyertown, Section 132-4. Is hereby amended to read as follows:
Operation of motor vehicles is prohibited in the parks except on roadways and parking areas designed and improved for the purpose of vehicular travel and parking, or in other areas temporarily designated for said purpose on a temporary basis in connection with an authorized activity or event. Vehicles shall not be operated or parked so as to block passage of any roadway or access to any facility within the park.

Section 5. Chapter 132 of the Code of the Borough of Boyertown, is hereby amended to add the following section:
Section 132-5. Dogs.
Dogs shall be kept on a leash and under the control of the owner, keeper, or other person responsible for the dog at all times. Dogs which bark excessively or act in a vicious or aggressive manner toward other park users are not permitted in the park.

Section 6. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

All interested persons may appear and be heard at the above time and place.

BOROUGH COUNCIL
OF BOYERTOWN
BERKS COUNTY,
PENNSYLVANIA
Patricia A. Spaide,
Municipal Secretary

[twoeggsup]

Is there some sort of legal guild of lawyers who specialize in incompetent council as municipal solicitors?

How do these townships and boroughs find themselves proposing ordinances which violate State preemption?

[anonymouse]

IIRC they're redoing their park rules because of problems with teenagers at the parks designed for little kids.

http://www.pottsmerc.com/articles/20...a253671663.txt

http://www.pottsmerc.com/articles/20...6820440670.txt

http://www.pottsmerc.com/articles/20...0008732631.txt

http://www.pottsmerc.com/articles/20...f702827510.txt



Please note, THE EXISTING SIGN IS IN VIOLATION OF PREEMPTION!

The sign at the Franklin Street "mini park" stated "Possession, use or discharging of firearms" was prohibited. This was in July, around when the newspaper articles started getting published.

I think the changes they're making now to try to keep teens out of the little park.

[anonymouse]

I know that this isn't the lounge, but aside from the preemption issue, who decides what is "immoral" conduct that can be punished by a fine of up to $600?

Didn't t1m0thy get a first amendment issue taken care of as well as the preemption issue at one of the boroughs he's been after?

The mayor is in MAIG, also

http://www.berksmontnews.com/article...2385516923.txt

Mayor discusses MAIG
Published: Friday, September 18, 2009
By Heather Tassmer, Times Editor

Mayor Marianne Deery recently addressed a topic that has caused many e-mails stating that she is against guns.

During the Boyertown Borough Council meeting on Sept. 14, Deery explained she has joined Mayors Against Illegal Guns.

Deery said the National Rifle Association has distributed postcards that read, “Your mayor, Marianne Deery, joined a national anti-gun group.”

“That can be no further from the truth,” the mayor said. “I am against illegal guns.”

“I will always stand up to fight for the second amendment of our Constitution,” Deery said. “I do believe that we have the right to own and bear arms.”

She said MAIG also supports the second amendment.

Deery gave several reasons why she decided to join the organization including the point that she serves on the Berks Municipal Partnership.

From this partnership she has heard crime from Reading is “encroaching on the Oley Valley.”

“Guess what...we are on the base of that Oley Valley,” Deery said.

In addition, she said, “Crimes that are committed in Boyertown are not all committed by Boyertown people.”

She said illegal guns are a national problem.

“Finally, I take the mayor position very seriously,” Deery said. “I know that sometimes you don’t agree with what I say or do but I do it from my heart. I think if there are any tools available to keep our citizens safe, I have the responsibility to look into it.”

“By the same token, if I find that this organization, MAIG, is looking to infringe on the rights of our second amendment of the Constitution, I will bow out of that institution,” she said. “That is not what it’s about from the discussions that I have had.”

According to the MAIG Web site, www.mayorsagainstillegalguns.org, Reading Mayor Tom McMahon, Philadelphia Mayor Michael Nutter and Lancaster Mayor Rick Gray are also members of the organization.

Might be a great opportunity to give her shit for still belonging. What has MAIG done for the second amendment in the year since this was published?

[Devrbd]

I think the changes they're making now to try to keep teens out of the little park.

Interesting. That explains the "no smoking" rule for the mini-park. I don't remember being a teen or in my early 20's and hanging out at parks meant for children. I'm sure it's a difficult situation. How does a township legally discourage teens from hanging out in a park not designed for them?

[ocp]

Any local members planning to attend the meeting? I can be there

[IronSight]

Any local members planning to attend the meeting? I can be there

I think I can be there as well.

[DC2.2GSR]

Any local members planning to attend the meeting? I can be there

i can probably be there too.

[anonymouse]

Did anyone make it?

http://readingeagle.com/article.aspx?id=254201

Council tabled a proposed change to the parks and recreation ordinance.

Under consideration are allowing dogs in the parks and changing all park hours to sunrise to sunset.

Borough officials realized that the existing ordinance prohibits possession of firearms in parks, which is in conflict with state law that allows firearms in parks.

The proposal will be voted on at the next borough council meeting after removal of the firearms provision.

[DC2.2GSR]

Did anyone make it?

http://readingeagle.com/article.aspx?id=254201

I wasn't able to make it, but it's good to see someone spoke up, or maybe it was someone 'within' who realized it before they screwed up.