[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 3-4-1986 by L.L. No. 1-1986 (Ch. 87 of the 1988
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Parks Law
of the Village of Spencerport."
This chapter shall apply to all parks owned, operated, licensed,
used or otherwise under the control or supervision of the Village
of Spencerport at the time of enactment or in the future.
For the purposes of this chapter, the terms used herein are
defined as follows:
A park or any other area owned or used by the Village of
Spencerport devoted to active or passive recreation.
Any written license issued by or under the authority of the
Village of Spencerport permitting the performance of a specified act
or acts or the conduct of a particular function, program or activity.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
Any vehicle propelled by power other than muscular power.
The following acts are prohibited, and no person shall:
A.
Injure, deface, disturb or befoul any part of the park or any building,
sign, equipment or other property therein nor remove, injure or destroy
any tree, flower, shrub, rock or other mineral found therein.
B.
Interfere with any lamp, lamppost or electric light apparatus nor
extinguish the light therein, except upon proper authority.
C.
Set fire or assist another to set fire to any timber, trees, shrubs,
grass, leaves, growth or any other combustible material or suffer
any fire upon other land to extend onto any part of the park.
D.
Throw, cast, lay, drop, discharge, deposit, bring into or leave in
any part of the park any garbage, sewage, refuse, waste or other obnoxious
material otherwise than in receptacles or pits provided for such purpose.
E.
Drive or propel, or cause to be driven or propelled, or park or store
any motorcar, motorcycle, snowmobile, all-terrain vehicle, wagon or
any vehicle other than a bicycle within the park.
F.
Gamble in the park or bring into the park or have in his possession
while in there any implement or device commonly used or intended to
be used for gambling purposes.
G.
Bring into or keep in the park any cat or other animal destructive
of bird life or wildlife; bring into, have or keep in the park any
dog or other pet or domesticated animal of a destructive nature unless
the same is on leash or in a cage.
H.
Use loud, boisterous or indecent language or interfere with any officer
of the park, Village, town, county or state in the performance of
his duty.
J.
Introduce or carry any firecrackers or fireworks or throw, cast,
kick or strike any baseball, golf ball, football, basketball or other
object except in places designated therefor.
K.
Engage in, instigate, aid or encourage a contention or fight.
L.
Loiter or remain within the park or any part thereof after the posted
closing hours at such park without general or special permission.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall
be open to the public every day of the year from 8:00 a.m. to 10:00
p.m. unless otherwise designated by the Village Board. Any person
found in a park after 10:00 p.m. shall be in violation of this chapter.
B.
Permits to use parks.
(1)
Groups of 10 or more persons shall apply for a permit at least 14
days prior to the day requested.
(2)
Applications shall be filed with the Village Clerk.
(3)
The Village Board shall issue a permit if it finds that:
(a)
The proposed activity or use will not unreasonably interfere
with or detract from the general public enjoyment of the park.
(b)
The proposed activity or use will not unreasonably interfere
with the promotion of public health, welfare, safety and recreation.
(c)
The proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation.
(e)
The facilities desired have not been reserved for other use
on the day and at the hour requested in the application.
(f)
A refundable deposit is posted as security against damage to
the park facilities. This deposit may be required at the discretion
of the Village Board in an amount to be determined by the Village
Board in view of the circumstances of the application.
(4)
Liability insurance may be required for groups using the park facilities
on a periodic scheduled basis.
(5)
Within seven days after receipt of an application, the Village Board
shall apprise an applicant, in writing, of the reason for refusing
a permit.
(7)
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by
reason of negligence of the person or persons to whom the permit has
been issued.
(8)
The Village Board shall have the authority to revoke a permit upon
finding a violation of any rule or law or upon good cause shown.
A.
Members of the Ogden Police Department and of the Monroe County Sheriff's
Department and any other police agency shall, in connection with their
duties imposed by law, diligently enforce the provisions of this chapter.
B.
Ejection. Members of the Ogden Police Department and of the Monroe
County Sheriff's Department and any other police agency shall
have the authority to eject from the park any person acting in violation
of this chapter.
C.
Seizure of property. Any police officer shall have the power to seize
and confiscate any property, thing or device in the park or used in
violation of this chapter.
A.
Violation of any provision or regulation of this chapter shall be
punishable by a fine not to exceed $250 or by imprisonment for not
more than 15 days, or both. Further, it is the recommendation of the
Board that, where appropriate, the court require those who commit
acts of defacement or vandalism to restore the property so damaged.
B.
The Village Board also ordains that a violation of this chapter shall
constitute disorderly conduct, and the person or persons violating
the same shall be a disorderly person or persons.
C.
In addition to all other remedies, the Village Board may also enforce
obedience to this chapter by injunction.
The Village Board may from to time amend, supplement, change,
modify and repeal this chapter pursuant to the provisions of the Village
Law and the General Municipal Law applicable thereto.
