[HISTORY: Adopted by the Town Board of the Town of Penfield 5-3-1976. Amendments
noted where applicable.]
This chapter shall be known as the "Penfield Town Parks and
Properties Ordinance."
The purpose of this chapter shall be to preserve the public
peace and good order on lands owned or controlled by the Town of Penfield,
and to contribute to the safety and enjoyment of the users of such
properties by regulating the hours of use, the use of motorized vehicles,
and by prohibiting certain activities inimical to the safe and orderly
utilization of Town properties.
[Amended 12-16-2015 by L.L. No. 3-2015]
The authorized Town department of the Town of Penfield is charged
with the administration of this chapter and the posting of signs designating
park lands within the Town of Penfield. The provisions set forth herein
shall apply to and be in effect in all parks, Town-owned property,
and properties under the control, supervision, and jurisdiction of
the Town of Penfield.
As used in this chapter, the following terms shall have the
meanings indicated:
A person or persons employed by the Town of Penfield so designated
by the Supervisor or Town Board to perform the duties of enforcing
the provisions of this chapter.
[Added 12-16-2015 by L.L.
No. 3-2015]
An organization exempt from the payment of income tax under
the Internal Revenue Code.
The grounds, buildings thereon, waters therein, and any other
property thereof, which is now or hereafter will be owned by, maintained
by, operated by, or controlled by the Town of Penfield, including,
but not restricted to, for public park purposes.
Any waterway or body of water located within a park or on
Town of Penfield property.
Any individual, firm, partnership, corporation, or association
of persons; and the singular number shall include the plural.
All areas that include any retention or detention facility
for the control of and management of stormwater. This includes approaches,
access, or adjoining lands that are needed to access, inspect or maintain
said facilities. This includes all structures, swales, and areas owned,
leased or operated by the Town of Penfield. These are defined as the
area encompassed by the static water level plus an additional 20 feet
of horizontal projection from the static water level.
[Added 12-16-2015 by L.L.
No. 3-2015]
Every device in, upon, or by which a person or property is
or may be transported.
[Amended 12-16-2015 by L.L. No. 3-2015]
No person shall be permitted to remain, stop, or park within
the confines of any Town park or property between the hours of 10:00
p.m. and 6:00 a.m., prevailing local time in the Town of Penfield,
except in an emergency or with authorization of an authorized Town
official. In case of an emergency, or when, in the judgment of the
authorized Town official, the public interest demands it, any portion
of a park may be closed to the public or the designated persons until
permission is given to reopen.
[Amended 10-2-1996; 12-16-2015 by L.L.
No. 3-2015]
A.
A permit must be obtained from the authorized Town department for
the following uses and activities:
(1)
Reserved use: the reserved use of park lodges, pavilions, formal
baseball fields, athletic fields, tennis courts, basketball courts
or bocce courts.
(2)
Picnicking: picnicking on park grounds, in lodges or pavilions, or
the use of any playing fields or other park facilities by groups larger
than 24 persons.
(3)
Camping: camping within any park allowed only upon the written authorization
of the authorized Town official.
(4)
Vending: vending of food and drink (excluding all alcoholic beverages)
by nonprofit service organizations.
B.
Permits shall be issued by the authorized Town department at the
Penfield Community Center, Penfield, NY 14526.
C.
All permit applicants must be 21 years of age or older. All permits
must be signed prior to use of a park facility, or prior to the activities
for which a permit is obtained. The signer of a permit shall be responsible
for any and all damages to park facilities or contents thereof, and
shall agree to indemnify the Town of Penfield for such damages.
D.
All permits shall be issued by the authorized Town department and
shall be subject to park rules and regulations. The issued permit
must be in the possession of the applicant during the permitted function
or activity. A permit to do any act shall authorize the same only
insofar as it may be performed in strict accordance with the written
terms and conditions thereof and not in violation of any law, ordinance,
rule, or regulation governing parks. Any violation of any term or
condition thereof, or any law, ordinance, rule, or regulation governing
parks, shall constitute grounds for revocation of said permit by the
authorized Town official, whose action thereon shall be final. No
permit for the same purpose shall be issued to the person whose permit
has been revoked during the year in which the revocation is made.
E.
Prior to permit issuance, the applicant shall pay a permit fee to
the Town of Penfield in an amount established by the Town Board of
the Town of Penfield. Such fee may vary according to the activity
permitted and the facilities used.
F.
Prior to permit issuance, the organization that is going to be occupying
or using the Town's premises, as set forth by the authorized
Town official in the rental policies, shall obtain a certificate of
insurance for review to verify that there is coverage in force, with
the Town of Penfield named as an additional insured, to protect the
Town's interest.
G.
All entities reserving Town facilities for use shall be required
to complete a Town of Penfield application for parks and properties
use.
(1)
As
part of the application approval process, the following groups or
organizations shall be required to provide an insurance certificate
naming the Town of Penfield as additional insured and providing liability
coverage in an amount determined by the Town Board:
(a)
Established community groups and organizations requesting a facility
to be utilized for activities whose primary focus would generally
be considered to be "movement-oriented and/or active in nature."
(b)
Established community groups and organizations sponsoring an event
or activity that will be open to the general public, with the exception
of a sit-down meeting or lecture whose attendees are likely to be
(primarily) Penfield residents.
(c)
Any group intending to serve food or offer food sales to the general
public. This intention must be stated at the time of the permit application.
Events involving food service must be in compliance with Monroe County
Health Department standards and therefore may require training and
certification by that entity.
(d)
Any commercial business establishment renting the parks/pavilion
facilities to conduct company-related meetings or social functions.
(2)
In
general, unless meeting the criteria described above, groups requesting
facility use on an occasional basis for events such as meetings, lectures,
discussion groups, i.e., activities primarily considered "sedentary"
in nature, shall not be required to submit a certificate of insurance.
[Amended 12-16-2015 by L.L. No. 3-2015]
A.
Park lodges and pavilions may only be reserved for use upon obtaining
a permit as provided herein.
B.
Posted rules. Rules and regulations particular to each park's
lodge or pavilion shall be established by the authorized Town official
and posted within such facility.
C.
Park lodges or pavilions may be made available for overnight use
upon written permission of the authorized Town official.
D.
All keys for park lodges and pavilions must be picked up at the authorized
Town department during regular weekday business hours at least 24
hours prior to use.
E.
Pavilions not already reserved may be used on a first-come, first-served
basis.
[Amended 12-16-2015 by L.L. No. 3-2015]
When camping sites are made available within any park, as set forth in § 211-6A(3) of this chapter, campers shall abide by rules and regulations particular to each site, as established by the authorized Town official.
[Amended 7-6-1976; 10-2-1996; 12-16-2015 by L.L.
No. 3-2015]
No person shall commit any of the following acts within any
parks without a written permit from the authorized Town official:
A.
Posting: post or display any sign, banner, or advertisement of any
kind within any park.
B.
Noise: use any loudspeaker, other sound-amplifying equipment, or
band equipment.
C.
Fires: picnic or cook in any area not designated by the authorized
Town official for that purpose; or make or kindle any fire, except
in places provided therefor, and then subject to such regulations
as may be prescribed.
D.
Temporary structures: erect or construct any tents, canopies, or
other temporary structure.
E.
Lodging: sleep, camp, lodge, or reside in any park building, except
in such places as designated for said purpose by the authorized Town
official.
F.
Stunts: ascend or land with any aircraft, gliders, or parachutes,
except in an emergency situation, or engage in rappelling, stunt flying,
radio-controlled device usage, model airplane flying, model rocket
launching, or any other equipment using liquid or solid fuel as a
propellant.
G.
Defacing: write, paint, or carve on any tree, bench, or park structure.
H.
Altering: construct, repair, or relocate utility fixtures, such as
sewers, hydrants, posts, lines, and conduits, or create trenches or
excavations, or engage in any construction in or on park lands.
I.
Damaging: plant any flowers or shrubs; carry any slingshot, ax, saw,
shovel, or spade within the parks; violate the regulations of the
authorized Town official relating to any building or place; cut parkway
curbs for private drives; locate, grade, or construct paths, driveways,
and roadways across or along any parkway or park road.
J.
Relocating: move or carry any tables, equipment, or any other park
property found within a park for park use to a different area of the
park.
K.
Soliciting: beg, hawk, peddle, or solicit within any park.
A.
Disorderly conduct.
(1)
Disrupting. No person shall disturb the peace and good order in any
park by fighting, quarreling, or wrangling with loud voice or shouts,
threatening by violence to the person or property of others, or engaging
in riotous clamor or tumult.
(2)
Congregating. No person shall congregate with others in a public
place and refuse to comply with a lawful order of the police, the
authorized Town official or his authorized agents, or public safety
officers to disperse or leave the park.
[Amended 12-16-2015 by L.L. No. 3-2015]
(3)
Gambling. No person shall play or bet at or against any game which
is played, conducted, dealt, or carried on with cards, dice, or other
device for money, chips, credit, or any other representative of value;
nor shall any person be allowed to maintain or exhibit any gaming
table or other instrument of gambling or gaming.
(4)
Profanity. No person shall use obscene, profane, or abusive language
or gestures while in the parks.
(5)
Weapons. No person, except peace officers of the county or other
law enforcement officers, shall have or carry any pistol, rifle, switchblade,
hunting knife, slingshot, dagger, metal knuckles, or other dangerous
weapons concealed or about his/her person while in the parks.
B.
Games regulated.
[Amended 10-2-1996; 12-16-2015 by L.L.
No. 3-2015]
(1)
Horseplay. No person shall engage in potentially dangerous games,
activities, or horseplay that involves thrown or propelled objects,
such as footballs, baseballs, golf balls, bocce balls, horseshoes,
bicycles, roller skates, roller blades, skateboards, or similar objects,
except in areas specifically designated for such usage, and then only
subject to such rules as may be prescribed by the authorized Town
official. All games or activities of any description must be conducted
in a safe and orderly manner, and no rough or boisterous practices
will be allowed.
(2)
Competitions. A prior written permit is required for organized groups,
clubs, or any other assemblage to schedule or participate in any athletic
competitions, and then only subject to such rules as may be prescribed
by the authorized Town official.
(3)
No one shall play games for which a permit or fee may be required
without first obtaining such permit and paying such fee.
C.
Environmental conservation.
(1)
No
person shall take or attempt to take any fish from, or send, or throw
any animal or thing into a pond or any of the waters of the parks,
except that fishing may be permitted in season in certain park waters
designated by the authorized Town official. No person shall kill,
injure, or unnecessarily disturb any fish, waterfowl, birds, or animals.
No person within the confines of a park shall hunt, pursue with dogs,
trap, or in any other way molest any wild bird or animal found within
the confines of a park, or rob, or molest any bird nest or take the
eggs of any bird.
(2)
Notwithstanding
the above prohibition against trapping, the Town Board is authorized
to grant limited permits for the trapping of wild animals on Town-owned
land to correct circumstances that caused or contributed to a threat
to public health, safety or welfare.
[Added 12-16-2015 by L.L.
No. 3-2015]
D.
Property preservation. No person shall injure, deface, disturb, or
befoul any part of a park, or any building, signs, equipment, or other
property found therein; nor shall any tree, flower, shrub, rock, or
other mineral be removed, injured, or destroyed.
E.
Littering.
(1)
Dumping. No person shall, without the specific written consent of
the authorized Town official, bring into, leave behind, or dump any
material of any kind in a park, except the refuse, ashes, garbage,
and other material of a picnic, camp, or other permitted activity,
and such material shall be deposited in receptacles or pits provided
for such purposes. Refuse is not to be dropped, thrown, or scattered
on park property. Tin cans, plastic bottles or glassware, or metallic
substances containing sharp edges shall be deposited in park receptacles.
[Amended 12-16-2015 by L.L. No. 3-2015]
(2)
Polluting. No person shall, either within or outside of a park, discharge
into, throw, cast, lay, drop, or leave in any waterway, storm sewer,
or drain flowing into or through a park any substance, matter, or
thing, either liquid or solid, which may result in the pollution of
said waterway within a park, or interfere with the conservation of
the natural resources of the park, or endanger the health of visitors
in the park.
F.
Alcoholic beverages. The consumption of alcoholic liquors or beverages,
including beer, and the bringing of such items into the parks are
permitted under the following conditions:
[Amended 7-6-1976, 3-7-1983, 10-20-1986; 12-16-2015 by L.L. No. 3-2015]
(1)
Underage drinking. No person under the legally established drinking
age shall bring into any park or drink in any park any alcoholic liquors
or beverages, including beer; nor shall any person or organization
sell or give away alcoholic liquors or beverages, including beer,
to anyone under the legal drinking age, in any park. Proof of age
may be required for purposes of enforcing this regulation.
(2)
Unauthorized drinking. No person shall bring into or drink any alcoholic
liquors or beverages, including beer, in any park, except in bleacher
areas, at picnic tables, in pavilions, in shelters, or other such
areas designated by the authorized Town official; nor shall any person
drink any alcoholic beverages, including beer, in any parking areas,
roadways, or any rights-of-way within any park.
(3)
Dispensing. Beer may be brought into the parks for consumption at
private family or social picnic parties approved by the authorized
Town official, but may not be dispensed or displayed at temporary
bars or from kegs or other bulk dispensing units unless permission
is obtained from the authorized Town official.
G.
Illegal substances.
[Amended 10-2-1996]
(1)
Possession. No person shall be in possession of any quantity of illegal
narcotics or drugs while in any park; nor shall any person be in possession
of any devices or any other paraphernalia associated with the use
or manufacture of illegal narcotics or drugs while in any park.
(2)
Distribution. No person shall sell or distribute any quantity of
illegal narcotics or drugs while in any park; nor shall any person
sell or distribute abused dosages of any legal prescription drugs
while in any park.
(3)
Usage. No person shall, in any way, use any quantity of illegal narcotics
or drugs while in any park; nor shall any person use abused dosages
of any legal prescription drugs while in any park.
H.
Animal control.
[Amended 10-2-1996; 6-21-2000; 12-16-2015 by L.L.
No. 3-2015]
(1)
Dangerous. No person shall bring, permit, have or keep in any park
any vicious or dangerous dog, cat, household pet, or any other animal
that causes persons lawfully conducting themselves to be fearful of
immediate bodily harm, or which is destructive to another dog, cat,
household pet, birds, fish or any wildlife.
(2)
Unleashed. No person shall bring into, have or keep in any park a
dog, cat, or other household pet unless the animal is equipped with
a collar or harness to which is attached a leash or retractable lead
of not more than 15 feet in length. The collar, harness, leash and
lead must be of sufficient strength to control and restrain the animal
and must be held by a person having the ability to do so. A dog used
in law enforcement, rescue tracking, or as a service or guide dog,
when working or training, may be unleashed.
(3)
Nuisance. No person shall permit any dog, cat, or other household
pet to enter public buildings, parks waters, damage or deface property,
deposit waste, or commit a nuisance in any park. The pet owner or
harborer shall clean up and remove any waste deposited by the pet
on Town or other public property.
I.
Horseback riding. No horseback riding is permitted in any parks,
except by authorization of an authorized Town official.
[Amended 12-16-2015 by L.L. No. 3-2015]
J.
Parks waters (stormwater management areas).
[Amended 12-16-2015 by L.L. No. 3-2015]
(1)
Swimming. No person, including diapered infants, shall bathe or swim
in any park waters.
(2)
Boating. The use of boats, life rafts, inner tubes, or any other
flotation device intended to support persons is prohibited in any
park waters, except in the case of emergencies or as otherwise authorized
by an authorized Town official.
(3)
Grass cutting within the water management area is not permitted,
except by Town staff or their agents or contractors.
(4)
Docks. No person shall install a dock, deck or platform within a
water management area.
(5)
No person shall construct, repair or relocate any structure, including,
but not limited to, a birdhouse, bridge, bench or shelter, unless
authorized by a Town official.
(6)
No person shall install an aeration device, bubbler, fountain, or
any other device.
(7)
No person shall discharge into any pond or waterway any nontoxic
chemical, colorant, herbicide or algaecide.
(8)
No one shall block control structures, alter pond control structures,
or interfere with control gates or valves.
K.
Snow vehicles, motorbikes, and bicycles.
[Amended 12-16-2015 by L.L. No. 3-2015]
(1)
Snowmobile operation. No motorized snow vehicles shall be operated
in any park.
(2)
Motorbike operation. No unregistered motorbikes shall be operated
in any park.
(3)
Bicycle operation. Riders of bicycles shall comply with the rules
for the regulation of other vehicles and, in addition thereto, shall
be subject to the following rules and regulations:
(a)
Riding. Bicycle riders shall wear protective helmets, shall
proceed in the extreme right-hand lane of the roadway in single file,
shall not continually ride in a manner curving or swerving across
the roadway, shall not ride recklessly, and shall not take both hands
off the handles or steering mechanism, at all times.
(b)
Towing. A bicycle shall not be towed by a rope or otherwise,
nor shall any bicycle rider hold onto any moving vehicle.
(c)
Small bicycles. Children under the age of 12 riding small bicycles
with wheels less than 20 inches in diameter may use the footwalks.
All other bicycles larger in size shall not use the footwalks, except
those areas as may be designated by the authorized Town official.
(d)
Bicycle parking. Wherever and whenever possible, bicycles shall
be parked in places provided for such purpose and be kept locked.
L.
Indecent acts. No person shall appear in a park in a state of nudity;
nor shall any person commit, perform, or engage in any lewd, lascivious,
obscene, or indecent act or behavior; nor shall any person make any
indecent exposure of his/her person.
A.
No parking. No person shall park or permit to stand any automobile,
motorcycle, motorized bike, or other vehicle of traffic or burden
upon the roadways, or any part thereof, so as to congest traffic or
obstruct the roadway. No parking shall be allowed on the major roadways
or lawn areas of any park, which will be designated by "no parking"
signs. Parking areas in the parks are established for the convenience
of patrons while using the facilities of the parks. It shall be unlawful
for any person to park, stop, or leave standing any vehicle on any
roadway or in any parking area in any park, except during the time
he/she remains in the park, other than temporarily with the authorization
of the authorized Town official, or while actively engaging in loading,
unloading, or while standing in obedience to traffic regulations or
traffic signals.
[Amended 12-16-2015 by L.L. No. 3-2015]
B.
Attending. No person operating any taxi, bus, limousine, or other
vehicle for hire shall attend upon any part of the roadways or parking
areas of any parks for the purpose of soliciting, taking passengers,
or persons other than those carried to the park by said vehicle.
C.
Off roadway. No person shall operate any automobile, motorcycle,
motorized bike, or other vehicle of traffic or burden upon any part
of the parks, or any other Town-owned property, except on the proper
roadways and parking areas. Paths established as footpaths or bicycle
paths shall not be used for vehicular traffic, except in the case
of emergency vehicles or as otherwise authorized by the authorized
Town official.
[Amended 12-16-2015 by L.L. No. 3-2015]
D.
Passing. No vehicle shall pass another vehicle proceeding in the
same direction if the center of the roadway is marked with a double
yellow line, except in the case of emergency vehicles.
[Amended 12-16-2015 by L.L. No. 3-2015]
E.
Traffic control. It shall be the duty of every person operating an
automobile, motorcycle, motorbike, or other vehicle of traffic or
burden within the parks to comply with the Vehicle and Traffic Law
of the State of New York, and with all orders, directions, and regulations
issued by traffic officers, public safety officers, or signage officially
displayed on any post, standard, or device installed for the regulation
of traffic, including but not limited to stop signs, "one way" signs,
and "do not enter" signs.
F.
Speeding. No vehicle shall be operated on any roadway or in any parking
area in any park at a speed exceeding 15 miles per hour, unless otherwise
posted.
G.
After hours. No person shall park any vehicle or permit any vehicle
to remain standing on any roadway, parking area, or any other area
within the boundaries of any park, or any other Town-owned property,
in excess of the length of time and between the hours hereinafter
specified, except in the case of emergency vehicles or as otherwise
authorized by the authorized Town official. No parking or standing
shall be allowed in any parks between the hours of 10:00 p.m. and
6:00 a.m. prevailing local time in the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
H.
Under the influence. No person who is under the influence of intoxicating
liquor, beer, wine, illegal drugs or narcotics, or abused dosages
of prescription drugs shall operate any vehicle within any park or
any other Town-owned property.
I.
Reckless driving. No person shall operate a vehicle on any roadway,
parking area, or any other area within the boundaries of any park,
or any other Town-owned property, in a reckless manner or without
due regard for the safety and the rights of pedestrians and drivers
and occupants of other vehicles, so as to endanger the life, limb,
or property of any person lawfully conducting himself/herself within
said park or Town-owned property.
J.
Spotlighting. No person shall use or shine spotlights, other high-intensity
lights, or unnecessarily shine automobile headlights onto park lands
or other Town-owned property, except under the direction of a police
officer, public safety officer, or the authorized Town official, except
in the case of emergency vehicles.
[Amended 12-16-2015 by L.L. No. 3-2015]
K.
Unsafe driving. No person shall drive, move, cause, or knowingly
permit to be driven or moved within any park, or any other Town-owned
property any vehicle or combination of vehicles which is in an unsafe
condition so as to endanger any person or cause damage to any park
property; nor shall any person operate any vehicle in any park, or
any other Town-owned property, with one or more other individuals
hanging onto, clinging to, or otherwise riding in an unsafe manner
on the outside of said vehicle; nor shall any person participate in
a drag race within any park or any other Town-owned property.
No parent, guardian, or custodian of any minor shall knowingly
permit or allow said minor to do any act which would constitute a
violation of this chapter.
A.
Noncompliance. No person shall fail or refuse to comply with any
reasonable order relating to the regulation, direction, or control
of traffic, or to the enforcement of this chapter, or to any other
order lawfully given by any police officer, public safety officer,
or Town official in the execution of his/her office or duties, in
any park or any other Town-owned property.
[Amended 12-16-2015 by L.L. No. 3-2015]
B.
Liability. No official or employee of the Town of Penfield shall,
while acting pursuant to the provisions of this chapter, be personally
liable for any damage that may accrue to persons or property as the
result of any act required or permitted in the discharge of his official
duties, provided that such acts are performed in good faith and without
gross negligence.
A.
This chapter shall be enforced by the authorized Town official, his/her
authorized agents, any other authorized Town of Penfield officials,
public safety officers, the Monroe County Sheriff's Department, the
New York State Police, and any other police agency having jurisdiction
within the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
B.
Any police officer may issue an appearance ticket, pursuant to Article 150 of the Criminal Procedure Law of the State of New York, as well as any other person authorized to issue appearance tickets under Chapter 7, Appearance Tickets, of the Town Code, to any person when he/she has reasonable cause to believe that such person has committed a violation of this chapter. Said appearance ticket shall direct the designated person to appear in the Justice Court of the Town of Penfield at a designated future date and time not later than 30 days from the issuance of the appearance ticket in connection with the alleged violation. Any police officer may, without a warrant, arrest any person in violation of any park rules or regulations as set forth in this chapter or as posted within such park, and take such person so arrested forthwith before a judge having competent jurisdiction, and he/she shall have at all times the right to enter the premises of any building, structure, or enclosure, or any park, or any other Town-owned property, including such grounds, buildings, and structures which may be leased or set aside for private or exclusive use of any individuals or group of individuals, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.
A.
Any person damaging any park property, or any other Town-owned property,
shall be liable for any and all damages incurred.
B.
Failure to observe any provision of this chapter shall constitute
a violation. Any person convicted of a violation of this chapter shall
be subject to a fine not to exceed $250 and/or imprisonment for a
term not to exceed 15 days, or both such fine and imprisonment.
[Amended 7-6-1976]
