[HISTORY: Adopted by the City Council of the City of Biddeford as §§ 16-29, 16-30, 16-31(a) — (f); 16-32; 16-83(1) –– (8); 16-84(a) –– (c); 16-85; 16-86(a) –– (b); 16-87; 16-88; and 16-100 of the 1975 Code; amended in its entirety 1-17-2017 by Ord. No. 2017.3. Subsequent amendments noted where applicable.]
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein:
- ATHLETIC FIELD
- An area of land usually enclosed by a fence or other barrier
that includes the playing field, where sports or other events take
place.[Added 8-20-2019 by Ord. No. 2019.77]
- The City of Biddeford.
- The Parks and Recreation Director appointed pursuant to § 46-2 of the Code of the City of Biddeford.
- DOG PARK
- An area that has been fenced in and designated for exclusive use by dogs. Dog parks shall have clearly established rules for their use, which shall be posted at all entrances.
- Shall be limited to the areas within the boundaries, as described in the records of the City of Biddeford Assessor, of the following City-owned recreational properties and facilities.
- Includes but is not limited to cigarettes, cigars, snuff, pipes, spit tobacco, and vaping.
- TOBACCO-FREE ZONE
- Includes City-owned playgrounds, athletic fields, sports
fields, parks and beaches.[Amended 8-20-2019 by Ord. No. 2019.77]
- Any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include but not be limited to any trailer in tow, automobile, truck, wagon, snowmobile, motor bike, skateboard, motorcycle or trail bike of any size, kind or description. Exception is made for baby carriages, bicycles used at the Clifford Park and Rotary Park, and vehicles used in the maintenance and operation of City parks.
The Recreation Director shall formulate and carry out recreation programs, in consultation with the Recreation Commission, for the benefit of the City's citizens and cooperate with other departments and/or agencies.
The Recreation Director shall recommend the improvement of recreational lands and facilities within the City and make periodic reports, as requested by the Recreation Commission or by the City Manager, on the operation of the Department.
The Recreation Director shall, with the consent and review of the Recreation Commission, submit annually a budget for the ensuing year and submit reports as requested by the Commission to the City Manager. The Director shall also carry out such duties, provided that they fall within the scope of the Recreation Department, as the Recreation Commission may from time to time recommend.
Under the direction and guidance of the Recreation Commission, the Director shall have the authority to establish and promulgate rules and regulations that are not otherwise in conflict with this chapter for the day-to-day operation of the recreational facilities and Parks identified herein.
Except as may be necessitated by reason of construction or maintenance activities under the supervision and control of the Director, no person in a park shall:
Buildings and other property.
Disfiguration and removal: willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, playground equipment, facilities or park property or appurtenances whatsoever, either real or personal.
Removal of natural resources: dig or remove any sand, soil, rock, stones, trees, shrubs or plants, timber or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
Erection of structures: construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the Director.
Trees, shrubbery and lawns.
Injury and removal: damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach a rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
Climbing trees: climb a tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
No person in a park shall:
Pollution of waters: throw, discharge or otherwise place or caused to be placed in the waters of any fountain, pool, pond, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, manner or thing, liquid or solid, which will or may result in the pollution of said waters.
Refuse and trash: have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or be left anywhere on the grounds thereof, but it shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for such presence and properly disposed of elsewhere.
Animal waste: fail to immediately remove and lawfully dispose of any feces left in any park by a dog owned by such person or under his/her control. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this subsection.
State motor vehicle laws apply. No person in a park shall fail to comply with all applicable provisions of the state motor vehicle laws (NOTE: See M.R.S.A. Title 29-A.) with regard to equipment and operations of vehicles, together with such regulations as are contained in this chapter and other City of Biddeford ordinances. (NOTE: See Ch. 42, Motor Vehicles and Traffic.)
Obey traffic signs. No person in a park shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and the property.
Speed of vehicles. No person in a park shall ride or drive a vehicle at a rate of speed exceeding the posted speed for any park.
Operation of vehicles. No person in a park shall drive any vehicle, excepting bicycles, on or in any area except public ways and paved park roads or parking areas or such other areas as may, on occasion, be specifically designated as temporary parking areas by the Director. Snowmobiles may be allowed on certain trails in City parks where such trails serve to interconnect other snowmobile trails not in City parks and where the Director of Parks and Recreation has designated such trails for such purpose after finding that it is compatible with the use of such park trails by the public for other purposes. Excepting bicycles, only vehicles properly licensed and registered for operation on public ways and operated by persons properly licensed under the laws of the State of Maine shall be permitted in any parking area. Exception: Snowmobiles are permitted to be operated on trails within Clifford Park.
No person in a park shall:
Designated areas: park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.
Lifeguards: park a vehicle in an area that has been designated by the Director as reserved for lifeguards.
Exceptions. There shall be no parking between the hours of dusk and dawn in Gilbert Boucher Park, including park easement areas. Areas of the park affected by this prohibition shall be posted with signs that read: "No parking dusk to dawn." The time of dawn and dusk shall be as reported in the Maine Farmers Almanac.
The laws of the State of Maine shall, where applicable in parks, be enforced in the manner provided by law. City ordinances and rules and regulations of the park shall be enforced in the manner provided therein.
Violations of this subsection shall be a parking infraction.
The Parks and Recreation Director or his or her authorized representative, as specifically authorized by the Chief of Police, and the Biddeford Police Department are authorized to issue parking tickets for violations of this Subsection (e).
Bicycles. No person in a park shall:
Confined to roads: ride a bicycle on other than a paved vehicle road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or any paved area reserved for pedestrian use.
Operation: ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in a single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard as to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicle they may be meeting.
Designated racks: leave a bicycle at a place other than a bicycle rack when such is provided and there is space available.
Immobile bicycles: leave a bicycle lying on the ground or paving or set against trees or in a place or position where other persons may trip over or be injured by it.
No person in a park listed in the chapter shall:
Bathing and swimming.
Designated areas: swim, bathe or wade in the waters of any fountain, pond, pool, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, except in such waters and in such places as are specifically provided for swimming or bathing purposes and in compliance with such regulations as are herein set forth or may hereafter be adopted by the Director, nor shall any person frequent any waters or places customarily designated for the purposes of swimming or bathing or congregate thereat in such activities prohibited by the Director upon finding such use of the water would be dangerous or otherwise inadvisable.
Certain hours: frequent any waters or places designated for the purposes of swimming or bathing or congregate thereat except between such hours of the day and on such conditions as shall be designated by the Director for such purposes for each individual park area.
Hunting and firearms: hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire a blank cartridge or any kind of trapping device. Shooting in park areas as defined herein is strictly forbidden.
Camping: set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structures or special vehicle that could be used for such purposes as a house trailer, camp trailer, tent or the like.
Tobacco and smoking. All forms of tobacco use, including vaping are prohibited.
Liquor defined. For purposes of this subsection, "liquor" shall mean and include any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption which contains more than 1/2 of 1% of alcohol by volume.
Prohibition. Except as specifically authorized, in writing, by the City Council, no person within a City park, public beach, or athletic field, identified under Section 46-5 of this chapter, or in any parking area contiguous thereto, may possess or consume liquor at any time.
[Amended 5-16-2017 by Ord. No. 2017.35]
Fires. No person in a park shall build or attempt to build a fire, except at such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
Closed areas. No person in a park shall enter an area posted as "Closed to the Public," nor shall any person use or let the use of any area in violation of posted notices.
Except by permit issued by the Recreation Director, no person may erect, setup, or maintain any tent, shack, shelter or any other structure within or on any park as identified under Section 46-5 of this chapter. The Recreation Director may cause the removal of any such structure that has been erected without permission.
[Added 5-21-2019 by Ord. No. 2019.47]
Except in conjunction with supervised activities under the general control and supervision of the Director, no person in a park shall:
Vending and peddling: expose or offer for sale any article or thing, nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Director.
Advertising: pronounce, advertise or call to the public attention in any way to any article or service for sale or hire.
Signs: paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any City-owned lands or highways or roads adjacent to a park. Exception from the prohibitions of this subsection is made for the posting of such notices as may be required by this chapter.
Sponsorship signs erected by the City of Biddeford in accordance with guidelines established by the Recreation Commission shall not be deemed a violation of this section.
Hours. All parks, as defined herein, shall be open to the public every day of the year from dawn to dusk. In the event that activities are conducted at either the St. Louis Field or Mechanics Park for which there is an admission fee charged or access is otherwise controlled, no member of the public shall have the right to enter said park areas without authorization and/or payment of such admission fee. The Director shall cause notices of the opening and closing hours to be posted in each individual park for public information and enforcement purposes.
Closed areas. Any section or part of any park may be declared closed to the public by the Director at any time for any interval of time, either temporarily or at regular stated intervals (daily or otherwise).
Entry prohibited. Except with the written permission of the Director, no person shall enter, pass through or remain in any park, or the closed area of any park, except during the hours and times when such park, or portion thereof, is open to the public as provided in this section.
Dogs, horses and horse-drawn vehicles.
[Amended 5-16-2017 by Ord. No. 2017.38]
Dogs, horses and horse-drawn vehicles are prohibited from entering or remaining in any park, athletic field or beach areas, except as follows:
[Amended 8-20-2019 by Ord. No. 2019.78]
City beaches. No unleashed dog is allowed on any of the City's public beaches from March 15 to September 15. Dogs are completely prohibited from May 25 to September 15 between the hours of 9:00 a.m. and 5:00 p.m. Unleashed dogs under voice command are allowed on the City's public beaches all day from September 16 to March 14. This subsection does not apply to the beach at Rotary Park.
Rotary Park. Horses, horse-drawn vehicles, or dogs may not use any part of the Rotary Park beach between the hours of 9:00 a.m. and 8:00 p.m. from May 25 to September 15 of each year.
Horses. Horses or horse-drawn vehicles may not use any part of the City’s public beaches between the hours of 9:00 a.m. to 5:00 p.m. from May 25 to September 15.
[Added 4-16-2019 by Ord. No. 2019.28]
Pursuant to its authority under 30-A M.R.S.A. § 3252, the City does hereby designated the following athletic fields, parks, playgrounds or recreational facilities as a "safe zone" under 17-A M.R.S.A. § 1101(23):
Rotary Park (includes entire parcel from Main Street to the Saco River).
St. Louis Field (entire fenced-in area).
Mayfield (including all baseball and softball fields and tennis courts).
Clifford Park (playground that abuts Pool Street, including tennis and basketball courts).
Biddeford Pool Bathhouse/Gilbert Boucher Park.
J. Richard Martin Community Center Playground.
The Arena (Biddeford Ice Arena).
Williams Court Park.
Pierson's Lane Community Park.
The Commissioner of Public Safety has approved the following wording to be used on a safe zone informational sign under the Maine Revised Statutes, Title 30-A § 3253:
The Director and his or her subordinate employees shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. In addition, the Code Enforcement Officer and the members of the Biddeford Police Department shall also have the authority to enforce the provisions of this chapter.
Any person, firm or corporation violating any provisions of this chapter, upon conviction thereof, shall be fined in an amount not exceeding $100. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.