Town of Penfield, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield 5-3-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 90.
Vehicles and traffic — See Ch. 220.

§ 211-1 Title.

This chapter shall be known as the "Penfield Town Parks and Properties Ordinance."

§ 211-2 Purpose.

The purpose of this chapter shall be to preserve the public peace and good order on lands owned or controlled by the Town of Penfield, and to contribute to the safety and enjoyment of the users of such properties by regulating the hours of use, the use of motorized vehicles, and by prohibiting certain activities inimical to the safe and orderly utilization of Town properties.

§ 211-3 Jurisdiction and administration.

[Amended 12-16-2015 by L.L. No. 3-2015]
The authorized Town department of the Town of Penfield is charged with the administration of this chapter and the posting of signs designating park lands within the Town of Penfield. The provisions set forth herein shall apply to and be in effect in all parks, Town-owned property, and properties under the control, supervision, and jurisdiction of the Town of Penfield.

§ 211-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED TOWN OFFICIAL
A person or persons employed by the Town of Penfield so designated by the Supervisor or Town Board to perform the duties of enforcing the provisions of this chapter.
[Added 12-16-2015 by L.L. No. 3-2015]
NONPROFIT SERVICE ORGANIZATION
An organization exempt from the payment of income tax under the Internal Revenue Code.
PARKS
The grounds, buildings thereon, waters therein, and any other property thereof, which is now or hereafter will be owned by, maintained by, operated by, or controlled by the Town of Penfield, including, but not restricted to, for public park purposes.
PARKS WATERS
Any waterway or body of water located within a park or on Town of Penfield property.
PERSON
Any individual, firm, partnership, corporation, or association of persons; and the singular number shall include the plural.
STORM MANAGEMENT AREA
All areas that include any retention or detention facility for the control of and management of stormwater. This includes approaches, access, or adjoining lands that are needed to access, inspect or maintain said facilities. This includes all structures, swales, and areas owned, leased or operated by the Town of Penfield. These are defined as the area encompassed by the static water level plus an additional 20 feet of horizontal projection from the static water level.
[Added 12-16-2015 by L.L. No. 3-2015]
VEHICLE
Every device in, upon, or by which a person or property is or may be transported.

§ 211-5 Hours of operation.

[Amended 12-16-2015 by L.L. No. 3-2015]
No person shall be permitted to remain, stop, or park within the confines of any Town park or property between the hours of 10:00 p.m. and 6:00 a.m., prevailing local time in the Town of Penfield, except in an emergency or with authorization of an authorized Town official. In case of an emergency, or when, in the judgment of the authorized Town official, the public interest demands it, any portion of a park may be closed to the public or the designated persons until permission is given to reopen.

§ 211-6 Permits.

[Amended 10-2-1996; 12-16-2015 by L.L. No. 3-2015]
A. 
A permit must be obtained from the authorized Town department for the following uses and activities:
(1) 
Reserved use: the reserved use of park lodges, pavilions, formal baseball fields, athletic fields, tennis courts, basketball courts or bocce courts.
(2) 
Picnicking: picnicking on park grounds, in lodges or pavilions, or the use of any playing fields or other park facilities by groups larger than 24 persons.
(3) 
Camping: camping within any park allowed only upon the written authorization of the authorized Town official.
(4) 
Vending: vending of food and drink (excluding all alcoholic beverages) by nonprofit service organizations.
(5) 
Those acts prohibited without a written permit as set forth in § 211-9 of this chapter.
B. 
Permits shall be issued by the authorized Town department at the Penfield Community Center, Penfield, NY 14526.
C. 
All permit applicants must be 21 years of age or older. All permits must be signed prior to use of a park facility, or prior to the activities for which a permit is obtained. The signer of a permit shall be responsible for any and all damages to park facilities or contents thereof, and shall agree to indemnify the Town of Penfield for such damages.
D. 
All permits shall be issued by the authorized Town department and shall be subject to park rules and regulations. The issued permit must be in the possession of the applicant during the permitted function or activity. 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, ordinance, rule, or regulation governing parks. Any violation of any term or condition thereof, or any law, ordinance, rule, or regulation governing parks, shall constitute grounds for revocation of said permit by the authorized Town official, whose action thereon shall be final. No permit for the same purpose shall be issued to the person whose permit has been revoked during the year in which the revocation is made.
E. 
Prior to permit issuance, the applicant shall pay a permit fee to the Town of Penfield in an amount established by the Town Board of the Town of Penfield. Such fee may vary according to the activity permitted and the facilities used.
F. 
Prior to permit issuance, the organization that is going to be occupying or using the Town's premises, as set forth by the authorized Town official in the rental policies, shall obtain a certificate of insurance for review to verify that there is coverage in force, with the Town of Penfield named as an additional insured, to protect the Town's interest.
G. 
All entities reserving Town facilities for use shall be required to complete a Town of Penfield application for parks and properties use.
(1) 
As part of the application approval process, the following groups or organizations shall be required to provide an insurance certificate naming the Town of Penfield as additional insured and providing liability coverage in an amount determined by the Town Board:
(a) 
Established community groups and organizations requesting a facility to be utilized for activities whose primary focus would generally be considered to be "movement-oriented and/or active in nature."
(b) 
Established community groups and organizations sponsoring an event or activity that will be open to the general public, with the exception of a sit-down meeting or lecture whose attendees are likely to be (primarily) Penfield residents.
(c) 
Any group intending to serve food or offer food sales to the general public. This intention must be stated at the time of the permit application. Events involving food service must be in compliance with Monroe County Health Department standards and therefore may require training and certification by that entity.
(d) 
Any commercial business establishment renting the parks/pavilion facilities to conduct company-related meetings or social functions.
(2) 
In general, unless meeting the criteria described above, groups requesting facility use on an occasional basis for events such as meetings, lectures, discussion groups, i.e., activities primarily considered "sedentary" in nature, shall not be required to submit a certificate of insurance.

§ 211-7 Park lodges and pavilions.

[Amended 12-16-2015 by L.L. No. 3-2015]
A. 
Park lodges and pavilions may only be reserved for use upon obtaining a permit as provided herein.
B. 
Posted rules. Rules and regulations particular to each park's lodge or pavilion shall be established by the authorized Town official and posted within such facility.
C. 
Park lodges or pavilions may be made available for overnight use upon written permission of the authorized Town official.
D. 
All keys for park lodges and pavilions must be picked up at the authorized Town department during regular weekday business hours at least 24 hours prior to use.
E. 
Pavilions not already reserved may be used on a first-come, first-served basis.

§ 211-8 Camping.

[Amended 12-16-2015 by L.L. No. 3-2015]
When camping sites are made available within any park, as set forth in § 211-6A(3) of this chapter, campers shall abide by rules and regulations particular to each site, as established by the authorized Town official.

§ 211-9 Acts prohibited without written permit.

[Amended 7-6-1976; 10-2-1996; 12-16-2015 by L.L. No. 3-2015]
No person shall commit any of the following acts within any parks without a written permit from the authorized Town official:
A. 
Posting: post or display any sign, banner, or advertisement of any kind within any park.
B. 
Noise: use any loudspeaker, other sound-amplifying equipment, or band equipment.
C. 
Fires: picnic or cook in any area not designated by the authorized Town official for that purpose; or make or kindle any fire, except in places provided therefor, and then subject to such regulations as may be prescribed.
D. 
Temporary structures: erect or construct any tents, canopies, or other temporary structure.
E. 
Lodging: sleep, camp, lodge, or reside in any park building, except in such places as designated for said purpose by the authorized Town official.
F. 
Stunts: ascend or land with any aircraft, gliders, or parachutes, except in an emergency situation, or engage in rappelling, stunt flying, radio-controlled device usage, model airplane flying, model rocket launching, or any other equipment using liquid or solid fuel as a propellant.
G. 
Defacing: write, paint, or carve on any tree, bench, or park structure.
H. 
Altering: construct, repair, or relocate utility fixtures, such as sewers, hydrants, posts, lines, and conduits, or create trenches or excavations, or engage in any construction in or on park lands.
I. 
Damaging: plant any flowers or shrubs; carry any slingshot, ax, saw, shovel, or spade within the parks; violate the regulations of the authorized Town official relating to any building or place; cut parkway curbs for private drives; locate, grade, or construct paths, driveways, and roadways across or along any parkway or park road.
J. 
Relocating: move or carry any tables, equipment, or any other park property found within a park for park use to a different area of the park.
K. 
Soliciting: beg, hawk, peddle, or solicit within any park.

§ 211-10 Park regulations.

A. 
Disorderly conduct.
(1) 
Disrupting. No person shall disturb the peace and good order in any park by fighting, quarreling, or wrangling with loud voice or shouts, threatening by violence to the person or property of others, or engaging in riotous clamor or tumult.
(2) 
Congregating. No person shall congregate with others in a public place and refuse to comply with a lawful order of the police, the authorized Town official or his authorized agents, or public safety officers to disperse or leave the park.
[Amended 12-16-2015 by L.L. No. 3-2015]
(3) 
Gambling. No person shall play or bet at or against any game which is played, conducted, dealt, or carried on with cards, dice, or other device for money, chips, credit, or any other representative of value; nor shall any person be allowed to maintain or exhibit any gaming table or other instrument of gambling or gaming.
(4) 
Profanity. No person shall use obscene, profane, or abusive language or gestures while in the parks.
(5) 
Weapons. No person, except peace officers of the county or other law enforcement officers, shall have or carry any pistol, rifle, switchblade, hunting knife, slingshot, dagger, metal knuckles, or other dangerous weapons concealed or about his/her person while in the parks.
B. 
Games regulated.
[Amended 10-2-1996; 12-16-2015 by L.L. No. 3-2015]
(1) 
Horseplay. No person shall engage in potentially dangerous games, activities, or horseplay that involves thrown or propelled objects, such as footballs, baseballs, golf balls, bocce balls, horseshoes, bicycles, roller skates, roller blades, skateboards, or similar objects, except in areas specifically designated for such usage, and then only subject to such rules as may be prescribed by the authorized Town official. All games or activities of any description must be conducted in a safe and orderly manner, and no rough or boisterous practices will be allowed.
(2) 
Competitions. A prior written permit is required for organized groups, clubs, or any other assemblage to schedule or participate in any athletic competitions, and then only subject to such rules as may be prescribed by the authorized Town official.
(3) 
No one shall play games for which a permit or fee may be required without first obtaining such permit and paying such fee.
C. 
Environmental conservation.
(1) 
No person shall take or attempt to take any fish from, or send, or throw any animal or thing into a pond or any of the waters of the parks, except that fishing may be permitted in season in certain park waters designated by the authorized Town official. No person shall kill, injure, or unnecessarily disturb any fish, waterfowl, birds, or animals. No person within the confines of a park shall hunt, pursue with dogs, trap, or in any other way molest any wild bird or animal found within the confines of a park, or rob, or molest any bird nest or take the eggs of any bird.
(2) 
Notwithstanding the above prohibition against trapping, the Town Board is authorized to grant limited permits for the trapping of wild animals on Town-owned land to correct circumstances that caused or contributed to a threat to public health, safety or welfare.
[Added 12-16-2015 by L.L. No. 3-2015]
D. 
Property preservation. No person shall injure, deface, disturb, or befoul any part of a park, or any building, signs, equipment, or other property found therein; nor shall any tree, flower, shrub, rock, or other mineral be removed, injured, or destroyed.
E. 
Littering.
(1) 
Dumping. No person shall, without the specific written consent of the authorized Town official, bring into, leave behind, or dump any material of any kind in a 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, plastic bottles or glassware, or metallic substances containing sharp edges shall be deposited in park receptacles.
[Amended 12-16-2015 by L.L. No. 3-2015]
(2) 
Polluting. No person shall, either within or outside of a park, discharge into, throw, cast, lay, drop, or leave in any waterway, storm sewer, or drain flowing into or through a park any substance, matter, or thing, either liquid or solid, which may result in the pollution of said waterway within a park, or interfere with the conservation of the natural resources of the park, or endanger the health of visitors in the park.
F. 
Alcoholic beverages. The consumption of alcoholic liquors or beverages, including beer, and the bringing of such items into the parks are permitted under the following conditions:
[Amended 7-6-1976, 3-7-1983, 10-20-1986; 12-16-2015 by L.L. No. 3-2015]
(1) 
Underage drinking. No person under the legally established drinking age shall bring into any park or drink in any park any alcoholic liquors or beverages, including beer; nor shall any person or organization sell or give away alcoholic liquors or beverages, including beer, to anyone under the legal drinking age, in any park. Proof of age may be required for purposes of enforcing this regulation.
(2) 
Unauthorized drinking. No person shall bring into or drink any alcoholic liquors or beverages, including beer, in any park, except in bleacher areas, at picnic tables, in pavilions, in shelters, or other such areas designated by the authorized Town official; nor shall any person drink any alcoholic beverages, including beer, in any parking areas, roadways, or any rights-of-way within any park.
(3) 
Dispensing. Beer may be brought into the parks for consumption at private family or social picnic parties approved by the authorized Town official, but may not be dispensed or displayed at temporary bars or from kegs or other bulk dispensing units unless permission is obtained from the authorized Town official.
G. 
Illegal substances.
[Amended 10-2-1996]
(1) 
Possession. No person shall be in possession of any quantity of illegal narcotics or drugs while in any park; nor shall any person be in possession of any devices or any other paraphernalia associated with the use or manufacture of illegal narcotics or drugs while in any park.
(2) 
Distribution. No person shall sell or distribute any quantity of illegal narcotics or drugs while in any park; nor shall any person sell or distribute abused dosages of any legal prescription drugs while in any park.
(3) 
Usage. No person shall, in any way, use any quantity of illegal narcotics or drugs while in any park; nor shall any person use abused dosages of any legal prescription drugs while in any park.
H. 
Animal control.
[Amended 10-2-1996; 6-21-2000; 12-16-2015 by L.L. No. 3-2015]
(1) 
Dangerous. No person shall bring, permit, have or keep in any park any vicious or dangerous dog, cat, household pet, or any other animal that causes persons lawfully conducting themselves to be fearful of immediate bodily harm, or which is destructive to another dog, cat, household pet, birds, fish or any wildlife.
(2) 
Unleashed. No person shall bring into, have or keep in any park a dog, cat, or other household pet unless the animal is equipped with a collar or harness to which is attached a leash or retractable lead of not more than 15 feet in length. The collar, harness, leash and lead must be of sufficient strength to control and restrain the animal and must be held by a person having the ability to do so. A dog used in law enforcement, rescue tracking, or as a service or guide dog, when working or training, may be unleashed.
(3) 
Nuisance. No person shall permit any dog, cat, or other household pet to enter public buildings, parks waters, damage or deface property, deposit waste, or commit a nuisance in any park. The pet owner or harborer shall clean up and remove any waste deposited by the pet on Town or other public property.
I. 
Horseback riding. No horseback riding is permitted in any parks, except by authorization of an authorized Town official.
[Amended 12-16-2015 by L.L. No. 3-2015]
J. 
Parks waters (stormwater management areas).
[Amended 12-16-2015 by L.L. No. 3-2015]
(1) 
Swimming. No person, including diapered infants, shall bathe or swim in any park waters.
(2) 
Boating. The use of boats, life rafts, inner tubes, or any other flotation device intended to support persons is prohibited in any park waters, except in the case of emergencies or as otherwise authorized by an authorized Town official.
(3) 
Grass cutting within the water management area is not permitted, except by Town staff or their agents or contractors.
(4) 
Docks. No person shall install a dock, deck or platform within a water management area.
(5) 
No person shall construct, repair or relocate any structure, including, but not limited to, a birdhouse, bridge, bench or shelter, unless authorized by a Town official.
(6) 
No person shall install an aeration device, bubbler, fountain, or any other device.
(7) 
No person shall discharge into any pond or waterway any nontoxic chemical, colorant, herbicide or algaecide.
(8) 
No one shall block control structures, alter pond control structures, or interfere with control gates or valves.
K. 
Snow vehicles, motorbikes, and bicycles.
[Amended 12-16-2015 by L.L. No. 3-2015]
(1) 
Snowmobile operation. No motorized snow vehicles shall be operated in any park.
(2) 
Motorbike operation. No unregistered motorbikes shall be operated in any park.
(3) 
Bicycle operation. Riders of bicycles shall comply with the rules for the regulation of other vehicles and, in addition thereto, shall be subject to the following rules and regulations:
(a) 
Riding. Bicycle riders shall wear protective helmets, shall proceed in the extreme right-hand lane of the roadway in single file, shall not continually ride in a manner curving or swerving across the roadway, shall not ride recklessly, and shall not take both hands off the handles or steering mechanism, at all times.
(b) 
Towing. A bicycle shall not be towed by a rope or otherwise, nor shall any bicycle rider hold onto any moving vehicle.
(c) 
Small bicycles. Children under the age of 12 riding small bicycles with wheels less than 20 inches in diameter may use the footwalks. All other bicycles larger in size shall not use the footwalks, except those areas as may be designated by the authorized Town official.
(d) 
Bicycle parking. Wherever and whenever possible, bicycles shall be parked in places provided for such purpose and be kept locked.
L. 
Indecent acts. No person shall appear in a park in a state of nudity; nor shall any person commit, perform, or engage in any lewd, lascivious, obscene, or indecent act or behavior; nor shall any person make any indecent exposure of his/her person.

§ 211-11 Traffic rules.

A. 
No parking. No person shall park or permit to stand any automobile, motorcycle, motorized bike, or other vehicle of traffic or burden upon the roadways, or any part thereof, so as to congest traffic or obstruct the roadway. No parking shall be allowed on the major roadways or lawn areas of any park, which will be designated by "no parking" signs. Parking areas in the parks are established for the convenience of patrons while using the facilities of the parks. It shall be unlawful for any person to park, stop, or leave standing any vehicle on any roadway or in any parking area in any park, except during the time he/she remains in the park, other than temporarily with the authorization of the authorized Town official, or while actively engaging in loading, unloading, or while standing in obedience to traffic regulations or traffic signals.
[Amended 12-16-2015 by L.L. No. 3-2015]
B. 
Attending. No person operating any taxi, bus, limousine, or other vehicle for hire shall attend upon any part of the roadways or parking areas of any parks for the purpose of soliciting, taking passengers, or persons other than those carried to the park by said vehicle.
C. 
Off roadway. No person shall operate any automobile, motorcycle, motorized bike, or other vehicle of traffic or burden upon any part of the parks, or any other Town-owned property, except on the proper roadways and parking areas. Paths established as footpaths or bicycle paths shall not be used for vehicular traffic, except in the case of emergency vehicles or as otherwise authorized by the authorized Town official.
[Amended 12-16-2015 by L.L. No. 3-2015]
D. 
Passing. No vehicle shall pass another vehicle proceeding in the same direction if the center of the roadway is marked with a double yellow line, except in the case of emergency vehicles.
[Amended 12-16-2015 by L.L. No. 3-2015]
E. 
Traffic control. It shall be the duty of every person operating an automobile, motorcycle, motorbike, or other vehicle of traffic or burden within the parks 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, public safety officers, or signage officially displayed on any post, standard, or device installed for the regulation of traffic, including but not limited to stop signs, "one way" signs, and "do not enter" signs.
F. 
Speeding. No vehicle shall be operated on any roadway or in any parking area in any park at a speed exceeding 15 miles per hour, unless otherwise posted.
G. 
After hours. No person shall park any vehicle or permit any vehicle to remain standing on any roadway, parking area, or any other area within the boundaries of any park, or any other Town-owned property, in excess of the length of time and between the hours hereinafter specified, except in the case of emergency vehicles or as otherwise authorized by the authorized Town official. No parking or standing shall be allowed in any parks between the hours of 10:00 p.m. and 6:00 a.m. prevailing local time in the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
H. 
Under the influence. No person who is under the influence of intoxicating liquor, beer, wine, illegal drugs or narcotics, or abused dosages of prescription drugs shall operate any vehicle within any park or any other Town-owned property.
I. 
Reckless driving. No person shall operate a vehicle on any roadway, parking area, or any other area within the boundaries of any park, or any other Town-owned property, in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of other vehicles, so as to endanger the life, limb, or property of any person lawfully conducting himself/herself within said park or Town-owned property.
J. 
Spotlighting. No person shall use or shine spotlights, other high-intensity lights, or unnecessarily shine automobile headlights onto park lands or other Town-owned property, except under the direction of a police officer, public safety officer, or the authorized Town official, except in the case of emergency vehicles.
[Amended 12-16-2015 by L.L. No. 3-2015]
K. 
Unsafe driving. No person shall drive, move, cause, or knowingly permit to be driven or moved within any park, or any other Town-owned property any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person or cause damage to any park property; nor shall any person operate any vehicle in any park, or any other Town-owned property, with one or more other individuals hanging onto, clinging to, or otherwise riding in an unsafe manner on the outside of said vehicle; nor shall any person participate in a drag race within any park or any other Town-owned property.

§ 211-12 Parental responsibility.

No parent, guardian, or custodian of any minor shall knowingly permit or allow said minor to do any act which would constitute a violation of this chapter.

§ 211-13 Compliance with enforcement officials.

A. 
Noncompliance. No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction, or control of traffic, or to the enforcement of this chapter, or to any other order lawfully given by any police officer, public safety officer, or Town official in the execution of his/her office or duties, in any park or any other Town-owned property.
[Amended 12-16-2015 by L.L. No. 3-2015]
B. 
Liability. No official or employee of the Town of Penfield shall, while acting pursuant to the provisions of this chapter, be personally liable for any damage that may accrue to persons or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.

§ 211-14 Enforcement.

A. 
This chapter shall be enforced by the authorized Town official, his/her authorized agents, any other authorized Town of Penfield officials, public safety officers, the Monroe County Sheriff's Department, the New York State Police, and any other police agency having jurisdiction within the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
B. 
Any police officer may issue an appearance ticket, pursuant to Article 150 of the Criminal Procedure Law of the State of New York, as well as any other person authorized to issue appearance tickets under Chapter 7, Appearance Tickets, of the Town Code, to any person when he/she has reasonable cause to believe that such person has committed a violation of this chapter. Said appearance ticket shall direct the designated person to appear in the Justice Court of the Town of Penfield at a designated future date and time not later than 30 days from the issuance of the appearance ticket in connection with the alleged violation. Any police officer may, without a warrant, arrest any person in violation of any park rules or regulations as set forth in this chapter or as posted within such park, and take such person so arrested forthwith before a judge having competent jurisdiction, and he/she shall have at all times the right to enter the premises of any building, structure, or enclosure, or any park, or any other Town-owned property, including such grounds, buildings, and structures which may be leased or set aside for private or exclusive use of any individuals or group of individuals, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.

§ 211-15 Liability for damages; penalties for offenses.

A. 
Any person damaging any park property, or any other Town-owned property, shall be liable for any and all damages incurred.
B. 
Failure to observe any provision of this chapter shall constitute a violation. Any person convicted of a violation of this chapter shall be subject to a fine not to exceed $250 and/or imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
[Amended 7-6-1976]