Village of Brockport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 9-19-2016 by L.L. No. 3-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 4.
Dogs — See Ch. 5, Art. II.
Berms, fences, hedges and screen plantings — See Ch. 6.
Flood damage prevention — See Ch. 20.
Parking — See Ch. 34.
Peace and good order — See Ch. 35.
Trees and vegetation — See Ch. 46.
Noise — See Ch. 55.
Zoning — See Ch. 58.

§ 34A-1 Title.

This code shall be known and may be cited as the "Parks Law of the Village of Brockport."

§ 34A-2 Purpose.

This chapter shall apply to all parks owned, operated, licensed, used or otherwise under the control or supervision of the Village of Brockport at the time of enactment or in the future. These provisions are enacted to:
A. 
Establish the policies, regulations and standards on public parks within the Village of Brockport.
B. 
Maintain, protect and preserve the parks through safe practices of removal and replacement of equipment.
C. 
Establish and maintain appropriate parks for various ages and diversified activities.

§ 34A-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PARK
An area owned or used by the Village of Brockport devoted to active or passive recreation such as a playfield, playground, tot lot, multipurpose area, ball field, tennis court, basketball area and all other open space area in the Village devoted to active or passive leisure. This includes 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 Village of Brockport for public recreation purposes.

§ 34A-4 Village Parks.

There are nine parks within the Village:
A. 
Barry Street Park: between the residences of 56 and 74 Barry Street and Lyman Street.
B. 
Corbett Park: Southwest corner of Clark and Smith Streets; borders the Erie Canal on the south.
C. 
Evergreen Park: between the residences of 207 and 215 Evergreen Road; the Erie Canal on the south.
D. 
Harvester Park: between Water Street and Park Avenue; the Erie Canal and Market Street.
E. 
Havenwood Park: between the residences of 47 and 51 Havenwood Drive.
F. 
Monika Andrews Children's Playground: corner of Holley and Utica Streets.
G. 
Remembrance Park: triangle area near the intersection of Park Avenue and High Street.
H. 
Sagawa Park: corner of Main and Erie Streets.
I. 
South Avenue Park: between 52 South Avenue and Winston Woods Apartments' driveway.

§ 34A-5 Parks Committee.

A. 
Membership. The Parks Committee shall consist of not fewer than five and no more than nine members appointed by the mayor subject to the approval of the Village Board. All members shall be residents of the Village. Members shall serve for staggered terms of four years and without compensation. If a vacancy shall occur during the term of a member, his or her successor shall be appointed by the Mayor, subject to the approval of the Village Board, to complete the unexpired portion of the term in which the vacancy occurred. The Mayor, subject to the approval of the Village Board, shall also have the power to remove any member of the Parks Committee.
B. 
Organization. Members of the Parks Committee shall annually select a Chair, a Vice Chair and a Recording Secretary, each to serve a one-year term. This action will coincide with the Village Board's organizational meeting in early July. The board shall adopt rules and regulations concerning its governance and operation. A quorum is necessary for conducting business.
C. 
Meetings and surveys. The Parks Committee will:
(1) 
Meet as needed.
(2) 
The parks' playgrounds and furnishings will be inspected by certified safety personnel and checked by parks members. A summary report will be sent to the Village Board and the Superintendent of Public Works of the findings identifying needs, unsafe conditions including necessary replacements, repairs, and maintenance concerns in our parks.
D. 
Authorization and duties. The Parks Committee is an advisory committee to the Village Board and shall be authorized to fulfill the following duties:
(1) 
Coordinate, recommend and implement the care, maintenance and oversight of all the Village's public parks and playgrounds; regularly communicating with the DPW on all matters regarding Village parks, including development of new parks;
(2) 
Inform and educate the public about the Village parks.
(3) 
Make budget recommendations to the Village Board for park needs, expenses and purchase of equipment and play structures.
(4) 
Together with the Village, apply for grants related to the maintenance, operation, and purchase of equipment.
(5) 
Submit an annual report to the Village Board detailing the Parks Committee's accomplishments for the year, educational outreach, activities coordinated with other committees and boards, etc.
(6) 
Review Village policies, resolutions and local laws impacting parks.

§ 34A-6 Park operating policy; general regulations.

A. 
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year. The hours of operation for parks shall be from sunrise to sunset.
B. 
Closed areas. Any section or any part of any park may be declared closed to the public at any time and for any interval of lime. either temporarily or at regular and slated intervals, daily or otherwise and either entirely or merely to certain uses, as the Trustees, the Mayor or the DPW Supervisor shall find reasonably necessary.
C. 
Tobacco use. The Village Board of Trustees has designated all parks to be tobacco free.
D. 
Fees for use. There is no charge to residents for use of Village parks. but the Trustees may charge nonresidents for the use of special recreational facilities such as tennis courts or pavilions.
E. 
Park signage. Signs should be located where they can easily be seen by park users. The text should be limited to what is necessary and should be supplemented by graphics that are universally understood. Signs should include the name of the park, rules and regulations and be effectively designed in a clear legible manner on material that is durable and resistant to the elements and graffiti.
F. 
Parking in public parks.
(1) 
No person shall park a motor vehicle or trailer in any public park, including parking lots appurtenant thereto, between sunset and sunrise.
(2) 
No person shall park any motor vehicle or trailer in a public park unless such person is at that time using the park facilities during permitted times.
(3) 
Vehicles parked in violation of this section shall be subject to the penalties described in § 34-9 & 34-10 of this code.
G. 
Prohibited acts. The following acts are prohibited and no person shall:
(1) 
Willfully mark, deface, disfigure, injure, tamper with, displace, or remove any buildings, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or part or appurtenances thereto, signs, notices or placards, whether temporary or permanent, monuments, stakes or posts.
(2) 
Damage, transplant or remove any shrub or tree or cause damage to plants or grass areas so as to impair the natural beauty or usefulness of any area, except for performance of routine maintenance.
(3) 
Leave or dump any material of any kind in a public park. All items that are carried into a public park, such as food, containers or cooking materials and all refuse, ashes and garbage must be carried out of the park.
(4) 
Cause pollution of any waterway or stream or interfere with the conservation of the natural resources of a park or endanger the health of visitors to any park.
(5) 
Operate any bicycle, skateboard or other kind of personal conveyance on any road, path, parking area, building, or equipment within a park.
(6) 
Park or drive any motor vehicle or motorcycle within a park, except in places designated for such purposes.
(a) 
No motorized vehicles may be operated off the roadway or parking lots in any park.
(b) 
No person shall land any aircraft, including gliders, balloons or engage in stunt flying or parachute landing or fly or land any remote controlled aircraft or drone in any park.
(7) 
Engage in illegal gambling.
(8) 
Bring into or keep in a park any animal that is destructive of wildlife, or bring into a park any animal that is not leashed or otherwise restrained in accordance with local law.
(9) 
No person in custody or control of an animal shall allow said animal to discharge any fecal matter on any park property unless the person in custody or control of said animal immediately and fully removes and disposes of the feces.
(10) 
Possess or carry any firecrackers or fireworks without a permit from the Village Clerk.
(11) 
Except for police officers, possess any firearms, illicit drugs or other dangerous instruments.

§ 34A-7 Enforcement and penalties.

Any person, corporation or other entity who violates the provisions of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 or imprisonment not to exceed fifteen days or both such fine and imprisonment. Any police agency of competent jurisdiction and the Code Enforcement Officer shall have authority to enforce the provisions of this chapter.

§ 34A-8 Complaints.

The Superintendent of the Department of Public Works shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter or any other chapter or ordinance or regulation adopted for administration and enforcement of the parks' codes. The process for responding to a complaint shall include the following steps as the Superintendent at his discretion may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
Utilizing the Village of Brockport Police and/or the Code Enforcement Officer to carry out enforcement proceedings as deemed appropriate in violation of this chapter or law(s) of the Village of Brockport.

§ 34A-9 Validity.

A. 
Conflict with other ordinances. In any case where a provision of this code is found to be in conflict with a provision of any law of this municipality, the County of Monroe or the State of New York, the provision which establishes the higher standard for the promotion and the protection of the safety and health of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance of the code of this municipality existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail.
B. 
Nothing in this code shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the parks and playgrounds when existing conditions are deemed to be dangerous, unsafe or unhealthy.
C. 
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code, which shall continue in full force and effect, and to this end the provisions of this code are hereby declared to be severable.
D. 
Saving clause. This code shall not affect violations of any other ordinance, code or regulation of the municipality existing prior to the effective date hereof and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

§ 34A-10 When effective.

This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.