Municipalities in violation of §6120 (Preemption)

[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

[yelruh55]

from
http://www.generalcode.com/webcode2.html#penn
If the municipality has a shooting/disharge ordinance, there is a provision to allow for discharge of a firearm to protect human life.

I think all the townships seem to be using a template.

Tredyffrin Twp, Chester County, PA
Chapter 138 - Parks and Playgrounds

J. No person, other than township active duty police officers employed in the execution of their duties, shall carry or possess or discharge or use firearms or weapons of any type in a township park. [Amended 6-1-1998 by Ord. No. HR-270]

West Chester Borough, Chester County, PA
Chapter 78 - Parks and Playgrounds

L. Possession of firearms by any person other than a duly authorized police officer is not permitted.

West Goshen Township, Chester County, PA
Chapter 57 - Parks and Recreation Areas

P. Firearms and certain fireworks prohibited. No person, other than a sworn police officer then on duty and engaged in the performance of his official duties, shall carry or have on or in his possession any firearm within the limits of the parks. No person shall fire, discharge or set off any fireworks or firecrackers of any nature whatsoever; provided, however, that special fireworks displays may be given under the auspices and direction of the township or upon issuance of a special permit by the Township Manager to a person authorized by state law to conduct such display, under and subject to such rules and regulations as the Park and Recreation Board shall attach to any such activity.

[PisnNapalm]

Add East Vincent Township to the list. I was at the local park this evening and decided to check out the posted sign.

http://www.pisnnapalm.com/EVTpark_sign.jpg

Sure enough... Rule 7. No firearms, fireworks, explosives, or weapons.

Do we have a "form letter" I can send to the township? I'm going to search the forum in a bit. Right now I need food.

[gnbrotz]

Originally Posted by PisnNapalm

Add East Vincent Township to the list. I was at the local park this evening and decided to check out the posted sign.

http://www.pisnnapalm.com/EVTpark_sign.jpg

Sure enough... Rule 7. No firearms, fireworks, explosives, or weapons.

Do we have a "form letter" I can send to the township? I'm going to search the forum in a bit. Right now I need food.

There's a great example here. Modify as necessary to fit your situation.

[PisnNapalm]

This is the letter I mailed off to the township. Thanks for your help Greg.

To whom this may concern,

I am writing to alert you that the rules and regulations (posted both at the park and on the www.eastvincent.org website) are in conflict with the Commonwealth of Pennsylvania’s Uniform Firearms Act (1995).

Specifically statute:: 18 Pa. C.S. §6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate 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 this commonwealth.

Rule #7, as posted on the signs at the park, and rule #10, as posted on the website, are unenforceable. The township may regulate the discharge of firearms but it has no authority to prohibit or limit the lawful carrying of firearms for self defense.

Should an officer choose to enforce this regulation, the officer and township could be facing a lawsuit for wrongful arrest, official oppression, and even civil rights violations. It could be an expensive proposition for the township and the police department.

I'm assuming this was simply an oversight and that steps will be taken to rectify the problem. I would appreciate that this message be forwarded to Solicitor Stuart N. Cohen, and request a formal response from him clarifying the township's position on this rule and it's clear conflict with state law.

Sincerely,

[Statkowski]

...clarifying the township's position on this rule and it's clear conflict with state law.

NO APOSTROPHE! Please note that the possessive form of it does not take an apostrophe any more than ours, yours or hers do. (Preceding quoute courtesy of the Apostrophe Protection Society, http://www.apostrophe.fsnet.co.uk/)

Other than that, excellent letter.