AN ORDINANCE BY THE BOARD OF SUPERVISORS

ESTABLISHING RULES AND REGULATIONS FOR THE USE

OF LETORT FALLS PARK AND PROVIDING PENALTIES

FOR VIOLATION THEREOF.

BE AND IT IS HEREBY ENACTED AND ORDAINED by the Board of Township

Supervisors in and for the Township of Middlesex, Cumberland County, Pennsylvania, as follows :

SECTION 1: PREAMBLE

The Township of Middlesex owns and maintains park and recreation areas for the use and benefit of its residents and the public at large, which area includes LeTort Falls Park, a park that provides unique access for use of the Conodoguinet Creek for recreation purposes. Consistent with previous Ordinances enacted in the interest of promoting the health, welfare and safety of the users of the park and recreation areas, it is deemed to be in the best public interest to promulgate rules and regulations specific to the use, protection and preservation of LeTort Falls Park.

SECTION 2: DEFINITIONS

The following terms when used in this Ordinance shall have the meanings set forth as follows :

“LeTort Falls Park” or the “Park”: that park and recreation area on land owned by the Township of Middlesex, which land has vehicle access from North Middlesex Road and which land adjoins the Conodoguinet Creek to the south.

“Township”: The Township of Middlesex, Cumberland County, Pennsylvania.

“Township” shall include the duly authorized Recreation Board of the Township of Middlesex to the extent its delegated power and authority authorizes said Board to act on behalf of the Township in any matters described herein.

SECTION 3: HOURS WHEN PARK IS OPEN

LeTort Falls Park shall be open between the hours of dawn and dusk. No one shall be permitted in or on Letort Falls Park outside of those hours as well as any times that the Park is closed as noted in Section 6, below.

SECTION 4: PROHIBITED ACTS

The following acts, activities and conduct are prohibited in LeTort Falls Park:

A. Possession or use of alcoholic beverages.

B. Boisterous, immoral or indecent conduct.

C. Depositing or discharging of trash, garbage, recyclable material or other litter, except when same has been generated as a result of proper use and activity at LeTort Falls Park and then only into containers provided for such purposes.

D. Damaging, defacing, destroying or removing any Township sign, structure, equipment, barrier, material or property.

E. Damaging or defacing any trees, bushes or plants by any means, including, but not limited to, driving nails or other hardware, carving or by use of fire.

F. Posting of signs; distributing, selling, servicing or renting of any supplies, equipment, material or commodity whatsoever, or soliciting for any purpose without prior written authorization of the Township.

G. Operating, stopping or parking any vehicle, bicycle, snowmobile or motorcycle except on designated parking areas, unless launching a boat by use of the ramp, and only briefly for such purpose. Only vehicles with attached trailers may be parked in the long parking stalls designated for such use.

H. Operating any vehicle or bicycle in a reckless or negligent manner, in excess of the posted speed limit of 10 miles per hour or in areas of prohibited parking, as posted by the Township.

I. Commercial vehicular traffic, unless providing authorized service.

J. Possession of a firearm in violation of Pennsylvania law or the possession of any bows and arrows, air guns, paint guns, slingshots, fireworks or lethal or dangerous weapons, unless sanctioned by Middlesex Township.

K. Hunting or trapping.

L. Camping, whether or not utilizing tents, canopies, tarps, large umbrellas or

similar shelter.

M. The use of fire or combustible fuel or materials, cooking apparatus, grills, or heating devices, whether fuel or electrical.

N. Meetings, rallies, or assemblages except for purposes of launching and recovery of watercraft and fishing.

O. All dogs shall be kept on a leash no longer than six (6) feet in length. All animal waste is to be cleaned up by the handler immediately, removed by the handler and disposed of properly outside of the Park. Field training is not permitted.

P. Any activity involving the use of horses.

Q. Persons must follow Pennsylvania boating laws and regulations.

R. Loitering or wading on or around the boat ramp.

S. Long term storage of boats and/or trailer. No boat and/or trailer shall be stored at the park outside of the hours between dawn to dusk.

T. Entering the Park when it is closed, regardless of the reason for closure.

SECTION 5: AUTHORITY TO SCHEDULE AND ESTABLISH PRIORITY OF EVENTS.

The Township shall have the authority to schedule events in designated areas of the Park and to establish priorities for uses and events in designated areas.

SECTION 6: AUTHORITY TO CLOSE THE PARK.

Any Middlesex Township Police Officer shall have the authority to close the Park if one or more violations of Section 4 are or have occurred or if the Park must be closed for public safety reasons. In addition, a representative of the Middlesex Township Highway Department has the authority to close the Park if safety in the Park is jeopardized by flooding or any other condition. Such closures as noted above may be executed without the prior approval of the Middlesex Township Board of Supervisors or the Recreational Advisory Board, and any closure removed by any Middlesex Township Police Officer or a representative of the Middlesex Township Highway Department Township as conditions warrant.

It shall be a violation of this Ordinance if any person enters the Park contrary to the hours of being open as noted in Section 3, above, or contrary to any closure of the Park as noted in this Section.

SECTION 7: ENFORCEMENT AND COLLECTION OF FINES

Any person who shall violate any of the provisions of this Ordinance shall, upon conviction thereof by summary proceeding before a Magisterial District Judge having jurisdiction, be sentenced to pay a fine not to exceed $1,000.00 for each violation hereof. A separate offense shall arise for each section of the Ordinance which is found to have been violated and with respect to Section 4, a separate offense shall arise for each designated paragraph which is found to have been violated.

Nothing in this Ordinance shall preclude the Township from enforcing this Ordinance through an action in equity brought in the Court of Common Pleas in Cumberland County, Pennsylvania.

All fines collected for the violation of this Ordinance shall be paid to the Township Treasurer. Police Officers of the Township are charged with the enforcement of the provisions of this Ordinance.

SECTION 8: SEVERABILITY

If any section, sub-section, provisions, regulations, limitation, restriction, sentence, clause, phrase or word in this Ordinance, the Middlesex Township Subdivision and Land Development Ordinance or the Middlesex Township Stormwater Management Ordinance is declared by any reason to be illegal, unconstitutional, or invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of this Ordinance as a whole or any other section, sub-section, provisions, regulations, limitation, restriction, sentence, clause, phrase, word or remaining portion of this Ordinance, the Middlesex Township Subdivision and Land Development Ordinance or the Middlesex Township Stormwater Management Ordinance.

SECTION 9: ORDINANCE 4-97

Middlesex Township Ordinance No. 4-97, as amended, shall continue in full force and effect and remain applicable to all other park and recreation lands of Middlesex Township.