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Council narrows parks ordinance to close 'loophole'; residents worry pop‑up shade could be banned
Summary
Council amended the parks ordinance to prohibit tents and similar portable structures in borough parks without prior borough consent, a change officials said closes a public‑safety loophole but that some residents fear could be read to ban everyday shade canopies.
Brookhaven amended Chapter 1062 of the codified ordinances to prohibit erection or maintenance of tents, canopies, cabanas, portable structures or similar mobile sleeping/camping facilities in borough parks or recreational areas without prior borough consent.
Residents, including Tom Dykes (recreation board president), said the drafting as circulated could be read to ban common daytime pop‑up shade tents used at youth sporting events or for family shade. Dykes said parents putting up a shade canopy during a youth tournament ‘‘would technically be illegal’’ under his reading of the ordinance and asked the council to consult the recreation board on language and enforcement plans.
Council members and the solicitor said the change responds to an identified loophole — specifically incidents of tents being used for unauthorized overnight occupation — and is not meant to prohibit shade tents used at athletic events. Council moved and carried the ordinance amendment; a council member stated plainly, ‘‘We’re not going to be going out there … and telling you to tear down your cabanas’’ for routine daytime use.
The record shows residents asking for clearer guidance and better outreach to impacted user groups. The ordinance passed on Nov. 10; staff said borough consent would remain available for recreational and athletic events.
