[HISTORY: Adopted by the Town Board of the Town of Wheatland 3-11-1971
by L.L. No. 1-1971 (Ch. 62 of the 1980 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Town of Wheatland Parks Law."
The rules and regulations set forth herein shall apply to and be in
effect in all parks under the control, supervision and jurisdiction of the
Town of Wheatland.
As used in this chapter, the following terms shall have the meanings
indicated in this section:
The Director of Parks of the Town of Wheatland or his duly authorized
agent.
The grounds, buildings thereon, waters therein and any other property
necessary for the operation thereof, and constituting a part thereof, which
is now or may hereafter be maintained, operated and controlled by the Town
of Wheatland for public park purposes.
Any individual, firm, partnership, corporation or association of
persons, and the singular number shall include the plural.
Every device in, upon or by which a person or property is or may
be transported or drawn upon a highway.
[Amended 7-10-1980 by L.L.
No. 10-1980; 5-7-1992 by L.L.
No. 2-1992]
No person shall be permitted to remain, stop or park within the confines
of any Town park between the hours of 11:00 p.m. and 6:00 a.m. prevailing
local time from April 1 to November 1, and between the hours of 6:00 p.m.
and 6:00 a.m. prevailing local time from November 1 to April 1, except that
in an emergency or when, in the judgment of the Director of Parks, the public
interest demands it, any portion of the park may be closed to the public or
to designated persons until permission is given to reopen.
Park lodges or shelters shall be used subject to the following rules
and regulations:
A.
A permit to use park lodges shall be issued by the Director
of Parks. Applicants must be 21 years of age or over.
B.
All permits must be signed prior to use of the facility.
The signer of the permit shall be responsible for all damages to a facility
or the contents thereof and shall agree to indemnify the Town for such damages.
A.
No person shall disturb the peace and good order in any
park by fighting, quarreling or wrangling with loud voice or shouts threatening
violence to the person or property of others or engaging in riotous clamor
or tumult.
B.
No person shall congregate with other persons in a public
place and refuse to comply with a lawful other of the police or the Director
of Parks to disperse or leave the park.
D.
No person, except peace officers of the Town or law enforcement
officers, shall have, carry or discharge any gun, pistol or firearm, nor shall
any person have or carry any switchblade, hunting knife, slingshot, dagger,
metal knuckles or other dangerous weapon, nor shall any person have, carry
or discharge any rocket, torpedo or other fireworks of any description nor
shall any person use any bow and arrow.
[Amended 7-10-1980 by L.L.
No. 10-1980]
E.
No person shall use obscene, profane or abusive language
while in the park.
[Amended 7-10-1980 by L.L.
No. 10-1980]
F.
No person shall loiter in or near toilet buildings.
[Amended 7-10-1980 by L.L.
No. 10-1980]
G.
No person shall write, draw or carve on or otherwise
deface any tree, bench or park structure.
[Added 7-10-1980 by L.L.
No. 10-1980]
No person shall commit any of the following acts within said parks without
a written permit from the Director of Parks or some other person duly authorized
to act for him:
A.
Post or display any sign, banner or advertisement of
any kind within any park or play any music or keep or offer any article for
sale except as otherwise provided by law or solicit passengers for hire and
then only subject to such rules as shall be prescribed by said Director of
Parks.
B.
Make any public speech, oration or harangue; hold any
public meeting or engage in any marching, drilling or driving as members of
a military, political or other organization; conduct any funeral procession
or vehicle containing the body of a deceased person; use any loud speaker
or other sound amplifying equipment.
C.
Picnic or cook in any area not designated by the Director
of Parks for that purpose; make or kindle any fire except in places provided
therefor, and then subject to such regulations as may be prescribed.
D.
Sleep, camp, lodge or reside in any park building, except
in such places as designated for said purposes by the Director of Parks.
[Amended 7-10-1980 by L.L.
No. 10-1980]
E.
Construct, repair or relocate utility fixtures such as
sewers, hydrants, posts, lines and conduits or open trenches or make excavations
or engage in any construction in or on park lands, unless there is a valid
easement or other license.
F.
Carry any flowers or shrubs, axe, saw, shovel or spade
within the parks; violate the regulations of the Director of Parks relating
to any building or place; damage any notice posted by order of the Director;
cut parkway curbs for private drives; locate, grade or construct paths, driveways
and roadways across or along any park road; or deposit materials in or upon
any park or park road.
[Amended 7-10-1980 by L.L.
No. 10-1980]
[Amended 7-10-1980 by L.L.
No. 10-1980]
No person shall engage in potentially dangerous games involving thrown
or propelled objects, such as footballs, baseballs, horseshoes, roller skates,
golf balls or similar objects, except in areas designated for such usage,
and then only subject to such rules as may be prescribed by the Director of
Parks. All games of any description must be conducted in a safe and orderly
manner and no rough or boisterous practices will be allowed. No one shall
play games for which a permit or fee is required without first obtaining such
permit and paying such fee.
No person shall kill, injure or unnecessarily disturb any birds or animals.
No person within the confines of the park shall hunt, pursue with dogs, trap
or in any other way molest any wild bird or animal found within the confines
of the park, or rob or molest any bird nest or take the eggs of any bird.
[Amended 7-10-1980 by L.L.
No. 10-1980]
No person shall injure, deface, disturb or befoul any part of the park
or any building, sign, equipment or other property found therein; nor shall
any tree, flower, shrub, rock or other mineral be removed, injured or destroyed.
[Amended 7-10-1980 by L.L.
No. 10-1980]
No person, without the specific written consent of the Director, shall
bring into, leave behind or dump any material of any kind in the park except
the refuse, ashes, garbage and other material of a picnic, camp or other permitted
activity, and such material shall be deposited in receptacles or pits provided
for such purposes. Refuse is not to be dropped, thrown or scattered on park
property. Tin cans, bottles or other glassware or metallic substances containing
sharp edges shall be deposited in park receptacles.
[Amended 7-10-1980 by L.L.
No. 10-1980]
The consumption of alcoholic liquors or beverages, including beer, is
prohibited in any park, except in such areas as are designated by the Town
Board; provided, however, that beer may be brought into the parks for consumption
at private family or social picnic parties but may not be dispensed or displayed
at temporary bars or other bulk dispensing units unless permission is obtained
from the Town Board. Drinking alcoholic liquors or beverages, including beer,
is prohibited in the parking lots and rights-of-way within any park.[1]
[Amended 7-10-1980 by L.L.
No. 10-1980]
No person shall bring into, permit, have or keep in the park any dog,
cat, household pet or other animal destructive to birds and other wildlife,
except that dogs or cats are permitted if held in control by a leash.[1]
[Amended 7-10-1980 by L.L.
No. 10-1980; 2-1-2007 by L.L.
No. 1-2007]
No person shall appear in the park in a state of nudity, or commit,
perform or engage in any lewd, lascivious, obscene or indecent act or behavior;
and no person shall make an indecent exposure of his or her person.
[Amended 7-10-1980 by L.L.
No. 10-1980]
No person shall fail or refuse to comply with any reasonable order relating
to the regulation, direction or control of traffic or to any other order lawfully
given by any police officer or willfully resist, obstruct or abuse any police
officer or other official in the execution of his office.
A.
No person shall drive any automobile, motorcycle or other
vehicle of traffic or burden upon any part of the parks or parkways except
on the proper drives and parking areas, or permit the same to stand upon the
drives or any part thereof so as to congest traffic or obstruct the drive.
This includes all motorized machines. No unregistered vehicle of any type
will be permitted in any area of the park. Paths established as bridle paths,
foot paths or bicycle paths shall not be used for vehicular traffic.
B.
Vehicles for hire shall not stand in parks; exception.
No person shall cause any taxi, bus, limousine or other vehicle for hire to
stand upon any part of the parks or parkways for the purpose of soliciting
or taking in passengers or persons other than those carried to the parks or
parkways by said vehicle.
[Amended 7-10-1980 by L.L.
No. 10-1980]
C.
Use of parks by certain vehicles prohibited. No persons
shall cause any bus, with or without passengers, or any cart, wagon, truck,
trailer or other vehicle carrying goods, merchandise, manure or other articles
to enter or to be driven in any part of the park or parkway. This section
shall not apply to vehicles engaged in the construction, maintenance or operation
of the parks or parkways, to vehicles making deliveries to the parks or parkways
nor to buses under the permit of the Park Department.
D.
Duty of vehicle operators to comply with vehicle and
traffic laws. It shall be the duty of every person operating an automobile,
motorcycle or other vehicle of traffic or burden within the parks or parkways
to comply with the Vehicle and Traffic Law of the State of New York and with
all orders, directions and regulations issued by traffic officers or officially
displayed on any post, standard, sign or device installed for the regulation
of traffic.
E.
Speed of vehicles. No vehicle shall be operated on any
road or drive in any park or parkway at a speed exceeding 10 miles per hour,
unless otherwise posted. The Park Department shall cause signs to be erected
along such roads or drives indicating such speed limits.
F.
Parking prohibited in specific areas during specific
hours. No person shall park any vehicle or permit any vehicle to remain standing
on any highway or roadway within the boundaries of a Town park or parkway
in excess of the length of time and between the hours hereinafter specified.
No parking shall be allowed on any of the park roads during the hours of 11:00
p.m. and 6:00 a.m. It shall be unlawful for any person to park, stop or leave
standing any vehicle in any parking area in any park except during the time
he remains in the park.
G.
Definition of term "parking." The term "parking" shall
mean the standing of any vehicle, whether occupied or not, upon any highway
otherwise than temporarily or while actively engaged in loading or unloading
or while standing in obedience to traffic regulations or traffic signals.
H.
Posting of signs. The Park Department shall erect suitable
signs on all highways hereinabove restricted as to parking, which signs shall
indicate the limitation of no parking and shall indicate that no parking shall
be allowed at any time.
I.
Reckless driving. No person shall operate a vehicle along
or over any road or drive within the park in a reckless manner or without
due regard for the safety and the rights of pedestrians and drivers and occupants
of all other vehicles, so as to endanger the life, limb or property of any
person while in the lawful use of said park drive or roads.
J.
Drag racing. No person shall participate in a drag race
upon any park drive or park property. "Drag racing" is defined as the operation
of two or more vehicles from a point side by side at accelerating speeds in
a competitive attempt to outdistance each other, or the operation of one or
more vehicles over a common selected course from the same point to the same
point wherein timing is made of the participating vehicles involving competitive
accelerations or speeds. The operation of two or more vehicles side by side,
either at speeds in excess of permitted speeds on park drives or rapidly accelerating
from a common starting point to a speed in excess of such permitted speeds,
shall be prima facie evidence of drag racing,
K.
Operation of motor vehicle while under the influence
of liquor. No person who is under the influence of intoxicating liquor, narcotic
drugs or opiates shall operate any vehicle within the park.
L.
Driving vehicle in unsafe conditions. No person shall
drive or move or cause or knowingly permit to be driven or moved within the
park any vehicle or combination of vehicles which is in unsafe condition so
as to endanger any person.
M.
Spotlights. No person shall use or shine spotlights,
or unnecessarily or continuously shine automobile headlights into parklands,
except under direction of a police officer or park employee, or except where
necessary for the preservation of life or property.
[Amended 7-10-1980 by L.L.
No. 10-1980]
A.
The Director of Parks is hereby authorized to grant permits
in conformity with the rules and regulations contained herein. Nothing contained
herein, however, shall affect the terms and conditions of a valid agreement
for the use duly executed.
B.
All permits issued shall be in writing by the Director
of Parks, or his duly authorized agent, and are subject to park rules and
regulations. A permit to do any act shall authorize the same only insofar
as it may be performed in strict accordance with the written terms and conditions
thereof, and not in violation of any law or ordinance.
C.
Any violation of any term or condition thereof, or any
law or ordinance or rules or regulations governing the parks, shall constitute
grounds for revocation of said permit by the Director of Parks or by his authorized
representative whose action thereon shall be final. No permit for the same
purpose shall be issued to a person whose permit has been revoked during the
year in which such revocation is made.
B.
Any person violating § 96-11 of these rules and regulations shall be liable for damages incurred to park property.
C.
Any peace officer of Monroe County or any of its municipal
subdivisions may, without a warrant, arrest any offender whom he may detect
in the violation of any of the provisions of the above sections, and take
the person so arrested forthwith before a magistrate having competent jurisdiction,
and he shall have at all times the right to enter the premises of any building,
structure or enclosure in any park, including such grounds, buildings, structures
or enclosures which may be leased or set aside for private or exclusive use
of any individual or groups of individuals (excluding property under lease-back
pursuant to the Conservation Law), for the purpose of arresting violators
hereof, and may use all necessary means to attain that end.
