An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Chapter 650 of the County Code of Ordinances entitled Park Rules and Regulations, to restate the prohibited activities in the Parks involving motor vehicles and to change provide for specific penalties for violation of prohibited activities in the Parks involving motor vehicles.
WHEREAS, County Council passed Bill No. 2324-06 on March 21, 2006 providing for the repeal of the Rules and Regulations enacted by the then Board of County Commissioners of Allegheny County to promote and preserve the public health, safety and welfare in the County's system of parks and their replacement with a new set of Parks Rules and Regulations; and
WHEREAS, Bill No. 2324-06 was signed into law and became County Ordinance No. 06-06 on March 2, 2006; and
WHEREAS, County Council deems it necessary and prudent to amend the Parks Rules and Regulations to more specifically set forth prohibited activities in the Parks involving motor vehicles and to restate the penalties for violation of prohibited activities in the Parks involving motor vehicles.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Amendment of Chapter 650 of the County Code of Ordinances (Parks Rules and Regulations).
Chapter 650 of the County Code of Ordinances entitled County Parks Rules and Regulations is amended as follows:
1. Section 1 of Article 1 of the County Parks Rules and Regulations, which is codified as Paragraph A in Section 650-1 of the County Code of Ordinances, is amended to read as follows:
§ 650-1. Prohibited activities
The below-listed activities are specifically prohibited in any area lying within a County park. Exceptions to these prohibitions will be recognized only upon possession and presentation of a written authorization signed by the Director of the Parks Department, by signs posted by authorized representatives of the Director, or by immediate direction of a County police officer.
A. Motor Vehicles
(1) Driving or parking on grass areas or trails;
(2) Parking at any place where official signs prohibit parking;
(3) Cleaning, polishing, washing, greasing, lubricating, or repairing;
(4) Landing any aircraft;
(5) Operating any motorized conveyance including but not limited to snowmobiles, motor boats, all terrain vehicles, motorcycles, or motor scooters except that street licensed vehicles may be used in parking lots, or roads open to traffic.
2. Section 1 of Article III of the County Parks Rules and Regulations, which is codified as Paragraph A in Section 650-3 of the County Code of Ordinances, is amended to read as follows:
§ 650-3. Violations and Penalties.
A. Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall pay a fine of not less than $100 or more than $300.
Any person who violates or fails to comply with Paragraph A of Section 650-1 concerning prohibited activities in the Parks involving motor vehicles shall receive a citation in accordance with the Pennsylvania Rules of Criminal Procedure and upon conviction, shall be guilty of a summary offense, and shall be subject to a fine of fifty dollars ($50) and costs equivalent to the costs for summary offenses established by the governing authority as provided in the Judiciary Code, Pa. Cons. Stat. Ann. tit 42, § 1715.1.
B. Other Violations of Parks Rules and Regulations
Any person who violates or fails to comply with any provision of this Ordinance other than Paragraph A of Section 650-1 concerning prohibited activities in the Parks involving motor vehicles shall receive a citation in accordance with the Pennsylvania Rules of Criminal Procedure and upon conviction, shall be guilty of a summary offense, and shall be subject to a fine of not less than one hundred ($100.00) dollars, or more than three hundred ($300.00) dollars, plus costs equivalent to the costs for summary offenses established by the governing authority as provided in the Judiciary Code, Pa. Cons. Stat. Ann. tit 42, § 1715.1.
C. Revocation of Permits.
Should any holder of a permit issued by the Director of the Parks Department under the provisions of these Regulations be convicted of violating any provision of this Ordinance, such conviction shall be cause for revocation of any current permits. The Director of the Parks Department may, at his or her discretion, also consider such convictions when evaluating applications for future permits.
D. Separate Offense.
Each violation hereunder shall constitute a separate offense, subject to the penalties provided in Sections 1 and 2 of this Article.
SECTION 2. Effective Date.
This Ordinance shall enter into effect immediately upon its approval.
SECTION 3. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.
SECTION 4. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.
PRIMARY SPONSOR: COUNCIL VICE PRESIDENT FUTULES
CO-SPONSOR(S): COUNCIL MEMBER(S) MARTONI