Chapter 155

PARKS AND RECREATION AREAS

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 6-26-1980 as Ord. No. 146. Amendments noted where applicable.]

~ 155-1. Rules and regulations.

  The use of all parkland owned or operated by the Town of Elsmere shall be in accordance with and bound by the following:

     A.     In any park owned, leased, maintained or operated by the Town of Elsmere, no person shall cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure, nor foul any spring or stream, nor shall any person dump any earth, rubbish or other substance or material in or upon any park.

     B.     The sale, consumption or possession of intoxicating liquors or beverages or gambling of any kind is prohibited in any park.

     C.     No person shall make or kindle any open fire except in fireplaces and grills provided for this purpose or in private portable commercially manufactured grills or grills approved as safe by the Town of Elsmere. Grills provided for public use shall be on a first-come, first-served basis.

     D.     No person shall, in any park, set a trap or snare, or shoot, injure, annoy, disturb or poison any wild animal or bird, or injure or destroy any nest.

     E.     All persons are forbidden to use threatening, abusive, insulting or indecent language or commit any obscene or indecent act or to fight in any park.

     F.     No person shall ride in or drive any motor vehicle which is self-propelled upon any parkland. It is prohibited for any person to commit any act, by use or operation, of any motor vehicle on any parkland which, if committed upon a public highway or street in the State of Delaware, would be prohibited and unlawful. Speed limits within all parks shall be fifteen (15) miles per hour unless otherwise posted. No one shall test or repair any vehicle or mechanical device in any park. There shall be no parking at any time except in areas designated for such purposes.

     G.     No person shall, without written permission from the Town of Elsmere, erect, paint, paste or otherwise affix or distribute any signs, advertisements or circulars on park property. The sale of anything or the solicitation of funds or donations within any park is forbidden, except upon written permission of the Town of Elsmere.

     H.     Horses, cattle, livestock and domestic animals of any kind are prohibited in any park, except a dog or cat on a leash under physical control of a person is permitted.

     I.     Practicing, playing or using park areas for golf or archery is prohibited.

     J.     No person shall carry a knife upon their person having a blade of three (3) inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, bow and arrow or any other type of lethal weapon in any park.

     K.     No person or group may utilize any park area or facility for the purpose of teaching an individual or group any recreational skill for personal profit or financial gain without written permission from the Town of Elsmere.

     L.     No persons are permitted in any park after sunset and before sunrise.

     M.     The Mayor, The Chief of Police or The Town Solicitor may temporarily close or curtail activities within any park or any portions thereof, when it has been deemed necessary to be in the best interest of public safety, conduct, health or order.

     N.     No entertainment, demonstration, exhibition or tournament shall be given or held in any park except under the supervision of the Town of Elsmere or with the written permission of the Town of Elsmere.

     O.     Tennis courts may be utilized on a first-come, first-serve basis. Tennis courts shall be relinquished after one (1) full hour of play when others are waiting. Tennis courts are to be used for their intended purpose only. The use or operation of skateboards, bicycles, scooters and any other devices that may damage, deface or by otherwise harm in any way the court surface, nets and other related equipment strictly prohibited within the court playing area. Dogs or other pets are strictly prohibited within the court playing area. [Amended 12-10-1987 by Ord. No. 222; 12-8-1988 by Ord. No. 237]

~ 155-2. Enforcement.

  The Public Safety Department and Park Security are authorized to enforce these Rules and Regulations and to prosecute violators thereof.

~ 155-3. Fees.

  The use of park facilities may be subject to payment of fees as set by the Mayor and Council.

~ 155-4. Violations and penalties.

  Any person violating any of these Rules and Regulations shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.) or more than two hundred dollars ($200.) for the first offense, and not less than fifty dollars ($50.) or more than five hundred dollars ($500.) for each subsequent offense. Each violation shall be a separate offense.