[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.]
This code shall be known and may be cited as the "Parks Law
of the Village of Brockport."
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:
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
