Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

Title 12: Streets, Sidewalks, and Public Places

12.04 Street Lines, Street Grades, Curbs and Gutters
12.08 Sidewalk Construction and Repair
12.12 Excavations
12.16 Snow Removal


12.20.010 Purpose, authority and enforcement.

  1. The town has a responsibility to establish regulations to provide for the safe and peaceful use of park and recreation facilities by the public; for the educational and recreational benefit and enjoyment of the public; and for the protection and preservation of the property, facilities and natural resources of Emmitsburg.

  2. The board of commissioners establishes a parks and recreation committee to research and propose recommendations, rules, and policies to the board of commissioners necessary and appropriate for the governance of Emmitsburg's parks and recreational facilities.  The Committee shall conduct a vote to approve any proposal to the board of commissioners.  It shall be the responsibility of the committee's commissioner representative to communicate approved proposals to the board of commissioners. (Ord. 07-08: Ord. 93-10 § 1 (§§ 1.00, 1.01, 1.02): prior code Art. II § 16 (1.01—1.02))

12.20.020 Parks and recreation committee—Composition, duties, meetings.

  1. The parks and recreation committee shall not exceed ten (10) members and one and one board of commissioners representative who shall be a voting member. One (1) member may reside outside of the town limits. The members of the committee shall be appointed by the mayor with the consent of the board of commissioners. Members of the committee shall be appointed for a period of two years, and shall serve without compensation.

  2. The committee shall organize at the first regularly scheduled meeting after January 1st of each year and elect a chairperson, vice-chairman, and secretary.

  3. The chairperson, or in his/her absence, the vice-chairperson or secretary, shall preside at all meetings of the committee. The presiding officer shall decide on all points of order or procedure, subject to the regulations set forth in this chapter, unless otherwise directed by a majority of the committee members present.

  4. Regular meetings shall be held at 7:30 p.m. on the third Tuesday of February, May, August and November.  Notice of the meeting shall be posted on the town cable channel, at the town office and other appropriate media outlets.

  5. Special meetings may be called by the chairperson or in his/her absence the vice-chairperson. Notice of such meetings shall be given to each member by mail or telephone at least forty-eight (48) hours or more before said meeting.  Special or additional meetings will in no way substitute for or replace a regular meeting, as herein required.

  6. It shall be the duty of each member to attend all meetings. Should any member be absent from one-half or more of all meetings held during the year, the committee shall recommend to the mayor and the board of commissioners that the member's resignation be requested, unless determined by vote of a majority of committee members that there is a sufficient excuse for nonattendance.

  7. It shall be the duty of the secretary, assisted by the committee's staff, to keep a true and accurate record of all proceedings at all meetings. Minutes from each meeting shall be typed and placed in a record book. The secretary or presiding officer at the meeting shall sign the minute book, resolutions, and other official documents, as adopted or approved.

    (Ord. 07-0-9: Ord. 05-07: Ord. 04-13: Ord. 03-19: Ord. 02-17: Ord. 01-20: Ord. 97-02; Ord. 93-10 § 1 (§ 1.03): prior code Art. II § 16 (1.03): (Ord 13-04))

12.20.030 Qualifying conditions.

  1. All applications for facilities should be submitted to the town of Emmitsburg's parks and recreation department (hereafter known as the "department") two weeks prior top the activity start date.

  2. Contact person for the department is the town manager.

  3. The applicant must be at least eighteen (18) years of age. Applicants from the Emmitsburg voting district will receive first priority.

  4. Activity rooms in the community center are available for programs and meetings which are approved by the town of Emmitsburg and Frederick County. Any other use is prohibited. (Ord. 97-09: Ord. 93-10 § 1 (§ 2.00): prior code Art. II § 16 (2.00))

12.20.040 General information.

  1. Applicants must agree to follow and enforce the "rules and regulations for Emmitsburg's park and recreation facilities" as noted in Section 12.20.100.

  2. The department reserves the right to refuse or cancel a facility agreement at any time for any reasonable cause. Every attempt will be made to give the organization adequate notice.

  3. Under no circumstances should any organization or individual make any alteration, install equipment, prepare a facility for use or make attempts to maintain a facility (except trash clean-up) without informing the department. Exceptions can be made through prior arrangement.

  4. The facility used must be returned to its original condition except for normal wear. If this is not followed, the department may retain all refundable fees and may decide not to allow future use to the applicant.

  5. The applicant will assume responsibility for any and all property damages to the facility caused by their participants, members or guests.

  6. Any user group or individual who engages in any improper use of facilities will be permanently suspended from the facilities.

  7. Requests for the operation of the concession stands must be submitted to the department according to the schedule stated in Section 12.20.030(A). Groups are prohibited from operating concession stands without this written approval. As per Section 12.20.040 (D), it is the applicant's responsibility to return the facilities and surrounding areas to its original condition (except normal wear).

  8. The department will be responsible for the normal maintenance of the ballfields. Normal maintenance includes:

  1. Mowing the field;

  2. Weed-eating;

  3. Dragging the field with a spiked drag (as needed);

  4. Re-seeding (as needed);

  5. Routine repair of fences, dugouts and field placement of infield mix.

  1. Ballfield applicants will be responsible for the following:

  1. Lining fields for game;

  2. Placement of bases;

  3. Dragging field after game;

  4. Removing trash;

  5. Repairing any damage;

  6. Filling in batter's boxes and pitcher's mound.

  1. The department will perform the initial start-up maintenance of the concession stands, and will perform normal maintenance of the pavilions and restroom facilities.

  2. Frederick County is responsible for the normal maintenance of the community center facilities.

  3. Any requests for minor repairs to a ball field, concession stand, pavilion, etc., should be made to the department's contact person, Monday through Friday by one p.m.

  4. The town, its agents and employees shall not be liable for any loss, damage, injuries or casualty of whatsoever kind or by whomsoever caused to the person or property of anyone on or off the premises, arising out of or resulting from the applicant's use, possession or operation thereof, or from installation, existence, use, maintenance, condition, repair, alteration, removal or replacement of any equipment thereof, and the applicant agrees to indemnify and hold the town, its agents and employees harmless from and against all claims, demands, liabilities, suits or actions for such loss, damage, injuries or other casualty. (Ord. 93-10 § 1 (§ 3.00): prior code Art. II § 16 (3.00))

12.20.050 Availability of facilities.

  1. Fields scheduled by the department will open March 15th, weather permitting. Athletic fields are not available for competitive athletic programs until April 1st, weather permitting.

  2. No league or tournament play may start before eight a.m.

  3. The department reserves the right to schedule some fields on a limited basis to protect the turf or perform major repairs.

  4. The availability of the other facilities in Emmitsburg's parks is on a first come, first serve basis, with applicants from the Emmitsburg voting district given first priority. (Ord. 93-10 § 1 (§ 4.00): prior code Art. II § 16 (4.00))

12.20.060 Responsibilities of user.

  1. Managers, officials and/or program coordinators should thoroughly inspect their permitted facility before each use for safe conditions.

  2. The department is pleased to comply with A.D.A. (American Disabilities Act). User groups must comply with all A.D.A. regulations.

  3. Managers, officials, and program coordinators are responsible to enforce all park rules and regulations among players and followers. (Ord. 93-10 § 1 (§ 5.00): prior code Art. II § 16 (5.00))

12.20.070 Ballfield fee schedule information.

   A. The ballfield fee schedule is per policy 00-05

  1. During the application process, all fees must be paid in full. Make checks payable to:

Town of Emmitsburg
P.O. Box 990
Emmitsburg, MD 21727

  1. Failure to pay fees results in not being allowed to use the field in the future. (Ord. 93-10 § 1 (§ 6.00): prior code Art. II § 16 (6.00))

12.20.080 Pavilion fee schedule information.

  1. The pavilion fee schedule is per policy 00-05. During the application process all fees must be paid in full. Make all checks payable to:

Town of Emmitsburg
P.O. Box 990
Emmitsburg, MD 21727

  1. Failure to pay fees results in not being allowed to use the pavilions in the future. (Ord. 93-10 § 1 (§ 7.00): prior code Art. II § 16 (7.00))

12.20.090 Activity and meeting rooms general policies.

  1. Smoking is not permitted in any meeting room, office area, or lobby, as well as the gymnasium area.

  2. Any furnishings must be returned to their original arrangement at the conclusion of all meetings.

  3. There must be a responsible adult present at all times.

  4. Regularly scheduled monthly meetings or weekly sessions of Emmitsburg activities will have priority over requests from organizations based outside of Emmitsburg.

  5. Use of the rooms will automatically be canceled when there is a snow emergency plan in effect for Frederick County. (Ord. 93-10 § 1 (§ 8.00): prior code Art. II § 16 (8.00))

12.20.095 Emmitsburg swimming pool facilities.

  1. The primary contact person for the Emmitsburg swimming pool facilities is the town manager. In the absence of the town manager, the commissioner of parks and recreation is the secondary contact person.

  2. Direct contact with pool management and staff is made solely through the town manager, and in his/her absence, through the secondary contact person.

  3. Prior to, and throughout the pool operating season, the department has a responsibility for making recommendations to the town manager and the town council pertaining to the:

  1. Rules and regulations of the pool facilities;

  2. Contract documents for the operation and management of the pool facilities;

  3. Selection of pool contractors and staff;

  4. Establishment of reasonable daily and membership rates;

  5. Operation of vending machines, and/or concession stand operations;

  6. Fund-raising opportunities;

  7. Repairs and maintenance of the pool facilities; and

  8. New purchases for the pool facilities. (Ord. 97-10)

12.20.100 Rules and regulations for Emmitsburg's parks and recreation facilities.

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

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

  3. Camping is prohibited at Emmitsburg's parks.

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

  5. 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.

  6. 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 signs 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
    300 A South Seton Avenue
    Emmitsburg, MD 21727

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

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

  9. 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.

  10. 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 be granted a permit 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.

  1. Controlled dangerous substances are prohibited.

  2. 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 the 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.

  3. 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.

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

  5. 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.

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

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

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

  9. Golfing is prohibited on all Emmitsburg ball fields. (Ord. 96-12; Ord. 94-10 § 1; Ord. 93-10 § 1 (§ 9.00): prior code Art. II § 16 (9.00))

  10. 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 commissioners 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. 11-17)

12.20.110 Violations—Penalties.

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)) 

12.04 Street Lines, Street Grades, Curbs and Gutters
12.08 Sidewalk Construction and Repair
12.12 Excavations
12.16 Snow Removal 

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17