[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 2-24-1976 by L.L. No. 4-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 58.
Bicycles — See Ch. 70.
Outdoor burning — See Ch. 88.
Dogs and other animals — See Ch. 108.
Fireworks — See Ch. 126.
Peddling and soliciting — See Ch. 178.
Skateboards, In-Line Skates and Roller Skates — See Ch. 201.
Subdivision of land — See Ch. 209.
Trees — See Ch. 230.
Vehicles and traffic — See Ch. 236.
Weapons — See Ch. 248.
This chapter shall be known and may be cited as the "Village
of Medina Parks Local Law."
The prohibitions, rules and regulations contained in this chapter
shall apply to all parks and public lands and facilities devoted or
used for recreational or similar purposes owned, leased or otherwise
under the control, supervision and jurisdiction of the Village of
Medina, New York.
The following terms shall have the meanings herein indicated
when used in this chapter:
The grounds, buildings thereon, waters therein and any other
property used in connection therewith or constituting a part thereof
which is now or may hereafter be owned, leased, used, maintained,
operated or controlled by the Village of Medina for recreational and
sports activities, including but not limited to the so-called "South
Main Street Park," the so-called "Gwinn Street Park," the so-called
"Pine Street Park," the so-called "State Street Park" and the so-called
"Stork Street Park."[1]
Any individual, firm, partnership, corporation or association
of persons, and when the singular form is used, it shall include the
plural.
Every device or conveyance in, upon or by which a person
or property is or may be transported or drawn, and shall include motor
vehicles as defined in the Vehicle and Traffic Law of the State of
New York.
[Amended 9-9-1986 by L.L. No. 5-1986]
No person shall be or remain within any Village park at any
time from 1/2 hour after sunset until 1/2 hour after sunrise the following
morning, except:
A.
If such person has the written permission of the Board of Trustees
of the Village of Medina, signed by the Mayor or Deputy Mayor of the
Village of Medina;
No person shall post or display any sign, banner or advertisement
of any kind within any park in the Village of Medina.
No person shall keep or offer any merchandise or articles for
sale, nor shall any person solicit customers for services to be rendered
by such person or another person; nor shall any person engage in any
commercial or business activities within any park in the Village of
Medina.[1]
[1]
Editor's Note: Original Section 7, Pools, which immediately
followed this section, was repealed 9-9-1986 by L.L. No. 5-1986.
No person shall urinate or defecate in any place in any park
in the Village of Medina, except at the designated toilet facilities
provided therein.
No person shall have, ride or lead any horse or pony in any
park in the Village of Medina.
No person shall make, kindle or maintain any fire in any park
in the Village of Medina, except in the fireplaces provided in such
parks or in a metal grill or burner used for food preparation purposes.
The Board of Trustees is hereby authorized to designate from
time to time areas within some or all of the parks in the Village
of Medina to be used for picnic or food preparation purposes, and,
when and as such areas are so designated by the Board of Trustees,
no person shall picnic or prepare or consume food outside of such
areas.
No person shall deface, write, paint or carve in or upon any
tree, bench, building or structure of any kind or other property located
in any park in the Village of Medina.
No person shall possess, carry, fire or discharge any gun, pistol,
firearm, rocket, torpedo or other fireworks of any description or
any bow or arrow or other weapon in any park in the Village of Medina.
No person shall dig or cause to be dug any excavations, holes
or trenches in any park in the Village of Medina, nor shall any person
remove any topsoil, earth or rocks from any park in the Village of
Medina.
No person shall cut, dig up, pick or otherwise disturb or remove
any flowers, bushes, shrubs or trees located in any park in the Village
of Medina.
[Amended 9-9-1986 by L.L. No. 5-1986[1]]
No person shall consume any alcoholic beverages, including wine
or beer, in any park in the Village of Medina, except with the written
permission of the Board of Trustees of the Village of Medina, signed
by the Mayor or Deputy Mayor of the Village of Medina. No permission
for such possession or consumption will be granted by the Board of
Trustees of the Village of Medina without the applicant's having
first supplied the Village with proof that he and/or the group or
body represented by such applicant has and will keep in force during
the duration of such permission liability insurance naming the Village
as an insured thereunder with limits acceptable to such Board.
No person shall hunt, fish, trap or otherwise disturb or molest
any birds or animals in any parks in the Village of Medina, and no
person shall rob or molest any bird's nest or take any eggs of
any bird in any park in the Village of Medina.
No person shall bring into, deposit, leave behind or dump or
dispose of any refuse, ashes, garbage or other putrescible materials
in any park in the Village of Medina, except that garbage, ashes and
other refuse resulting from picnics or other legal activities conducted
in said parks may be disposed of within said parks by depositing the
same in refuse receptacles only.
[Amended 9-9-1986 by L.L. No. 5-1986]
No person shall operate any vehicle in any of the parks of the
Village of Medina except upon the driveways and parking areas established
and maintained in said parks. No snowmobiles, all-terrain vehicles,
minibikes or other vehicles not licensed or registered by the state
shall be operated or brought into any of the parks of the Village
of Medina, and such vehicles shall be excluded from operation even
upon the driveways and parking areas in said parks. No vehicle of
any description shall be or remain in any of said parks during the
hours when said parks are closed as hereinabove set forth. No vehicles
shall be operated in any park of the Village of Medina at a speed
in excess of 10 miles per hour. Signs designating such speed limits
are hereby ordered and authorized to be erected and maintained on
the roadways and parking areas in all parks in the Village of Medina.
[Added 10-27-1998 by L.L. No. 7-1998]
A.
No permit shall be required for the use of the Village parks and
the facilities therein except as follows:
(1)
Whenever any organization or group desires to use a certain area
of any park for its exclusive use for a period of one day or any part
thereof, such organization or group shall make application to the
Village of Medina Superintendent of Public Works and shall set forth
the name and address of the organization or group; the name and address
of the person, persons, corporation or association sponsoring the
activity, if any; the day and hours for which the permit is desired;
an estimate of the anticipated attendants; the charge or fees, if
any, proposed to be charged to members or persons attending; and any
other information which the Superintendent of Public Works may require
to be included in such application.
(2)
If the Superintendent of Public Works determines that the applicant
is to be permitted to use the area of the park requested, such approval
of such permit may be conditioned upon the issuance of a certificate
of liability insurance to the organization or group, listing thereon
the Village of Medina as an additional insured on said policy, with
insurance limits of an amount from time to time established by the
Board of Trustees for park use. Such approval shall be further conditioned
upon an agreement by the applicant to indemnify and hold harmless
the Village in the event that any damage or destruction is caused
by the members of such organization or as a result of such applicant's
use. No such permit shall be issued until the aforesaid requirements
have been complied with.
B.
The Superintendent of Public Works shall only issue a permit hereunder
when he determines that:
(1)
The proposed activity or the use of the park or recreational facilities
will not unreasonably interfere with or detract from the proper enjoyment
of the park by others.
(2)
The proposed activity or use will not unreasonably interfere with
or detract from the promotion of the public health, welfare, safety
and recreation.
(3)
The proposed activity or use would not be expected to incite the
participants therein or others to be disorderly.
(4)
The proposed activity will not entail any additional expense to the
Village of Medina.
(5)
The requested area of facility desired has not been reserved for
any other use or group on the day and hours requested in the application.
(6)
The proposed activity or use will be supervised by or be under the
immediate direction and control of responsible residents of the Village.
C.
All applications shall be submitted at least 10 days prior to the
date of the requested use, and the Superintendent of Public Works
or his designee shall apprise the applicant within five days thereafter
as to whether or not the permit has been granted and, if so granted,
of any conditions that have been imposed by the Superintendent of
Public Works, he being hereby authorized to impose any reasonable
conditions to such permit. Any applicant, group or person denied a
permit or being aggrieved by the imposition of conditions thereon
shall have the right to appeal to the Village Board, which shall consider
the application under the aforementioned standards hereinabove set
forth and may thereafter sustain or overrule the decision of the Superintendent
of Public Works. The decision of the Village Board shall be final.
D.
All permits shall be subject to the rules and regulations established
by the Superintendent of Public Works and the other provisions of
this chapter as well as any conditions set forth specifically in the
permit.
E.
The Superintendent of Public Works shall have the authority to revoke
any permit upon a finding and determination by him, in his discretion,
that there has been a violation of any the conditions set forth in
the permit, any rule or regulation of the Superintendent of Public
Works relative to park use or any of the provisions of this chapter.
F.
Any person who violates the conditions of any permit issued pursuant
to this chapter shall be subject to the penalties and enforcement
provisions of this chapter as hereinafter set forth.
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
not less than $125 and not exceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
[Added 9-9-1986 by L.L. No. 5-1986]
In the enforcement of this chapter, all officers of the Village
of Medina Police Department and any other peace officers are hereby
authorized to issue appearance tickets to persons charged with violations
thereof, as authorized by the Criminal Procedure Law. Also, in the
enforcement of this chapter, all officers of the Village of Medina
Police Department and any other peace officers are hereby authorized
to issue parking tickets for appropriate violations of this chapter,
and the Village of Medina Police Department is hereby authorized to
prepare an appropriate form of parking ticket for use in connection
with such violations.
