*************************************************************************

Be It Enacted and Ordained by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapters  12.20.100 and 12.20.110 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

*************************************************************************

 12.20.100 –   Rules and regulations for Emmitsburg’s parks and recreation facilities.

A.    Hunting and firearms are prohibited in Emmitsburg’s park and recreation areas.  Firearms will be confiscated by any law enforcement officers.

B.    Closed Parks. Emmitsburg's parks are closed from one-half hour after sunset to six a.m.

C.    Camping is prohibited at Emmitsburg's parks. 

D.   Commercial Enterprises. No person may sell, offer for sale, hire, or lease or let out merchandise without a town permit. 

E.    Fires are prohibited at Emmitsburg's parks. Lighted matches, cigars, and cigarettes shall be properly extinguished. The community center facilities are smoke-free. It is the responsibility of the applicant to make sure that smoking is not allowed during your occupancy of this facility. 

F.    Advertising. No signs, notice or noise shall be made to attract attention to any kind of exhibition without permission from the town.  

1.  A permit can be obtained for a temporary advertising sign, four feet in height and eight feet in width to be placed along the outfield fence of a ballfield. Sign material may be vinyl, plastic or wood (not to exceed one-half inch in thickness). The permit for such sign shall be valid for the ball season only. Signs will be placed by the town's maintenance crew, and will be removed within ten days from the end of the season.

2. Permits for said signs are obtained through Emmitsburg's zoning administrator.

3. Advertising Signage Fee. This nonrefundable fee of twenty-five dollars ($25.00) recovers some costs associated with the additional benefits provided to the user

group. Make all checks payable to: Town of Emmitsburg, at 300 A. South Seton Avenue, Emmitsburg, MD 21727

G.   Loud, disturbing noises from a radio, music instrument, or similar device are prohibited. 

H.    Refuse and rubbish must be properly disposed of in receptacles provided for that purpose. Any litter or discharge of waste materials on the lands or waters of Emmitsburg's parks is prohibited. 

I.     Injury, defacement, or disturbance of any buildings, signs, ballfields, or public property and, except under permit, the removal or destruction of any tree or other plant or mineral is prohibited. 

J.     Alcoholic beverages are prohibited in Emmitsburg's parks and recreation facilities, except by an existing established bona fide community service organization. An organization meeting the previously noted criteria may qualify for a permit under the town's parks alcohol use policy number P09-01 as adopted and or amended to use alcoholic beverages, on a daily case by case basis by the town. Said organization shall sign a use agreement and be the responsible party for any such event. 

K.    Controlled dangerous substances are prohibited. 

L.    Personal Conduct. No person may do obscene or indecent acts: throw stones or other missiles; annoy people, interfere with, encumber, obstruct or render dangerous any drive, path, walk or public place; do any act that ends or amounts to a breach of peace; climb upon any structure; enter or leave a park except at established entrance ways or exits; engage in, instigate, and/or encourage a contention or fight, or assault a person.  

M.   Parking must be within the designated areas, and vehicles must not be parked in a manner which would impede traffic. Drivers must obey all posted signs and operate their car in a safe manner. 

N.   All-terrain vehicles are prohibited in all recreation areas. 

O.   Pets are prohibited from all ballfield areas. Seeing-eye dogs are excepted. No animal may be brought upon park property unless it is on a leash and is at all times entirely within the control of the person(s) bringing it upon the park property. Person(s) bringing an animal upon park property are responsible for immediate cleanup and removal of the animal's defecation. Domestic animals trespassing on park property may be impounded and shall be treated in accordance with applicable state and county statutes.  

P.    Wildlife. No person(s) shall catch, injure, destroy or interfere in any way with any wildlife.

Q.   Metal Detectors, Digging. Using metal detectors and/or digging into the surface of park property is prohibited.

R.    Gambling is prohibited except by a nonprofit organization which has obtained a permit through Article 27 of the Maryland State Code.

S.    Golfing is prohibited on all Emmitsburg ballfields.

T.    VIOLATIONS.

1.    A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL BE A MUNICIPAL INFRACTION SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000.00).

2.    ANY PERSON(S) FOUND VIOLATING THE PROVISIONS OF THIS SECTION MAY, IN ADDITION TO ANY OTHER APPLICABLE PENALTY, BE ISSUED A “NO TRESPASS” LETTER BY THE TOWN OF EMMITSBURG.  THE ISSUANCE OF SUCH LETTER WILL BAN THE VIOLATOR(S) FROM ENTRANCE TO OR USE OF THE PARKS OR RECREATIONAL FACILITIES FOR A TERM OF NINETY (90) DAYS.  ANY PERSON WHO RECEIVES A “NO TRESPASS” LETTER MAY APPEAL THAT ISSUANCE IN WRITING TO THE MAYOR AND BOARD OF COMMISSIONERS WITHIN THIRTY (30) DAYS OF ITS ISSUANCE.  FAILURE OF THE PERSON TO APPEAR AT THE APPEAL HEARING SHALL CONSTITUTE A FORFEITURE OF THE RIGHT TO APPEAL.  THE DECISION OF THE MAYOR AND BOARD OF COMISSIONERS SHALL BE FINAL.  ANY PERSON  WHO VIOLATES THE TERMS AND CONDITIONS OF THE “NO TRESPASS” LETTER SHALL BE GUILTY OF A TRESPASS, WHICH SHALL BE A MISDEMEANOR, AND UPON CONVICTION SHALL BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000.00) AND/OR INCARCERATION FOR UP TO NINETY (90) DAYS. 

(Ord. 00-10 (part): Ord. 96-12; Ord. 94-10 § 1; Ord. 93-10 § 1 (§ 9.00): prior code Art. II § 16 (9.00)) (Ord. No. 08-12, 12-1-08; Ord. No. 09-01, 3-2-09)

12.20.110- Violations—Penalties.

1.    Any person(s) violating the provisions of this chapter and policies adopted in accordance with this chapter may be issued a civil citation and, upon conviction, be punished by a fine up to one thousand dollars ($1,000.00) and/or imprisoned.  Any person(s) violating any federal, state, county, or local law ordinance in force and applicable to park property, shall upon conviction thereof, be punishable in accordance with the applicable penalty provisions of the law or ordinance. 

(Ord. 93-10 § 1 (§ 1.04): prior code Art. II § 16 (1.04))

Section II. Be it Further Resolved, Enacted and Ordained that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

Passed this 3rd day of October, 2011, by a vote of 5 for, 0 against, 0 absent, and 0 abstain.

ATTEST:
By:  /s/  Vickie Felix, Recording Secretary

Board of Commissioners
By:  /s/  Christopher Staiger, President

Approved this 3rd day October, 2011
By:  /s/   Donald Briggs, Mayor