[HISTORY: Adopted by the Town of Burlington 6-20-2017. Amendments noted where applicable.]
The Town is fortunate to possess, within its boundaries, a spacious
system of open space, parkland and public improvement that has been
dedicated to the use and enjoyment of the citizens of the Town. Residents
are encouraged to utilize these facilities and by doing so may participate
in a wide variety of both active and passive activities. The Town
wishes to ensure that all public places and parks are used in the
safest and most enjoyable manner possible. To ensure this optimum
use, it is necessary to adopt and enforce certain rules and regulations
for the good of all. The intent of this chapter is to provide for
the protection and promotion of the peace, safety and welfare of the
Town and its inhabitants, by regulating the use of public places owned
by the Town or under the management of the Town.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor vehicle as defined in the Connecticut General Statutes.
Any property owned, leased, managed or controlled by the
Town and designated as a park by the Board of Selectmen. The term
"park" does not include any street maintained by the Town, unless
the street is located in such a park.
All property owned by the Town and managed or controlled
by the Town. The term "public place" does not include any street maintained
by the Town unless the street is located in such a public place.
Regulations or ordinances of the Town regarding conduct in
a public place.
Any conveyance or vehicle, whether wheeled or not, that is
propelled by a person, motor, animal, force of nature or another vehicle,
excluding emergency vehicles in the service of the Town.
A.
Any person who shall violate any provisions of this chapter shall
be issued an infraction ticket of $100 enforced through the State
of Connecticut Centralized Infractions Bureau.
A.
Except
when being performed by officials or employees of the Town in the
course of their duties, or by independent contractors engaged by the
Town for such purpose, or unless otherwise permitted in a public place
in accordance with regulations, no person in a public place shall:
(1)
Mark, deface, damage, injure, tamper with, displace or remove any
buildings, pools, bridges, tables, benches, fireplaces, railings,
fences, paving, waterlines or other public utilities or parts or appurtenances
thereof; signs, notices or placards whether temporary or permanent;
or monuments, stakes, posts, other boundary markers, other structures
or equipment, improvements or facilities or any appurtenances whatsoever,
either real or personal.
(2)
Deface, litter or make unsanitary any rest room, washroom or shower
room or prevent the proper drainage of any toilet, pipe or drain.
(3)
Dig or displace any sand, soil or stones, or remove trees, shrubs or plants except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(4)
Erect, or bring into a public place, any building or structure of any kind whatsoever, whether permanent or temporary, except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(5)
Damage, cut, carve, transplant or remove any tree or plant, or injure the bark of any tree, pick the flowers or seeds of any plant or dig in or otherwise disturb lawn areas or walk upon planted areas except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(6)
Throw, discharge, deposit or otherwise place, or cause to be placed,
in the waters of any fountain, pond, lake, stream, swimming pool or
other body of water in any public place, any substance, matter or
thing, in any form, whether liquid, solid or otherwise, which will
result in the pollution, discoloration or change in the chemical content
of said water.
(7)
Bring into or dump, deposit or leave in a public place any dirt,
rubbish, waste, garbage, litter, refuse or other trash, except in
receptacles provided for the same. Where receptacles are not so provided,
all such refuse or trash shall be carried away from the public place
by the person responsible for its presence and properly disposed of
elsewhere.
(8)
Announce, advertise or call public attention in any way to any article or service for sale or hire, except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(9)
Expose or offer for sale any article or thing, or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(10)
Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever, or erect or cause to be erected any sign whatsoever except as the same may be permitted in association with a permit issued under the terms of § 230-6.
(11)
Bring upon, operate, permit or cause to be operated upon any
public place any motorized vehicle except in those areas and at such
times as shall be designated for such type of vehicle for each public
place or any portion of a public area; provided, however, that this
subsection shall not apply to a disabled person using a motorized
wheelchair.
(12)
Swim or bathe in any waters or waterways, or skate or slide
upon the same when frozen, or frequent any such areas for the purpose
of skating, sliding, swimming or bathing, or congregate thereat, except
at such times and places as shall be designated by the Town; provided,
however, that this subsection shall not prohibit swimming in the Farmington
River if such is permitted by the State of Connecticut.
(13)
Hunt, trap, poison, pursue, annoy or disturb wildlife, or use, carry or possess firearms of any description or other forms of weapons potentially inimical to wildlife or dangerous to human safety except in accordance with a permit issued under the provisions of § 230-6.
(14)
Drop, throw or otherwise scatter lighted matches or any burning
matter; make or cause to be made any fire other than in fireplaces
provided by the Town, or in other appropriate receptacles designated
in the regulations; or fail to completely extinguish such fire before
leaving the area and dispose of ashes in receptacles provided for
that purpose except at such times and places as shall be designated
by the Fire Marshal; provided, however, that those actions described
in this subsection are not permitted on the Farmington Canal Heritage
Trail, commonly referred to as "rails-to-trails."
(15)
Place or operate, upon or in any waters, any boat, raft or other
craft, whether or not motor powered, except at such times and places
as may be designated by the Town, and if permitted to do so, all activity
so permitted must be in accordance with any limitations imposed by
the Town and in accordance with state law, and no person shall operate
such boat, raft or other craft in a manner as to annoy, frighten or
endanger any other person.
(16)
Possess any illegal drugs as described in the General Statutes.
(17)
Engage in loud, boisterous, threatening, abusive, insulting
or indecent language or engage in any disorderly or unsafe conduct
or behavior tending to a breach of the public peace.
(18)
Escort, induce or permit any dog or pet on or in any park or
public place unless secured to a leash of not more than six feet in
length, unless otherwise prohibited; provided, however, that nothing
contained herein shall prohibit the presence of service animals.
(19)
Aid, abet or participate in gambling or betting for money or
other prize unless permitted under the Connecticut General Statutes.
B.
Horses
are prohibited at all times on the Farmington Canal Heritage Trail,
commonly known as "rails-to-trails," or Town property immediately
adjacent thereto.
C.
Any person
who is under the influence of intoxicating liquor, or other substance,
in a park or public place shall be ordered to leave such park or public
place. No person shall fail to obey such an order.
Every person in the operation of a motor vehicle in any portion
of a public place where permitted under the regulations shall:
A.
Obey all traffic signs indicating speed, direction, caution, stopping
or parking.
B.
Be a duly licensed driver for the operation of such motor vehicle,
unless otherwise posted.
C.
Operate only such motor vehicle as complies with all the provisions
of the state motor vehicle laws in regard to the equipment on such
vehicle.
D.
Not operate any such vehicle in excess of 15 miles per hour, unless
otherwise posted.
E.
Obey all directions of police officers or other employees of the
Town authorized to direct traffic in a public place.
F.
Not park any such vehicle in any place except those areas designated
or provided for parking.
G.
Not drive any such vehicle on any area except roads or parking areas
or such other areas as may be specifically designated as temporary
parking areas.
A.
To the extent allowed by the regulations, an area in a public place,
together with the facilities situated in such area, may be reserved
for the exclusive use of any person, or may be used by a natural person
for the uses prohibited herein, provided a permit therefor is obtained
from the First Selectman or his designated representative.
B.
Any person seeking issuance of a permit hereunder shall file an application
with the First Selectman or his designated representative. The application
shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the person sponsoring the activity, if any.
(3)
The age of the applicant if a permit for a use prohibited under § 230-4A(13) is being sought.
(4)
The day or days and hours for which the permit is desired.
(5)
The public place or portion thereof for which such permit is desired.
(6)
An estimate of anticipated attendance if the permit is for a group
activity.
(7)
The use or activity for which the permit is sought.
(8)
Any other information that the First Selectman or his designated
representative shall find reasonable and necessary to a fair determination
as to whether a permit should be issued hereunder.
C.
The First Selectman or his designated representative may issue a
permit hereunder provided he finds that the proposed activity or use:
(1)
Will not unreasonably interfere with or detract from the general
public's enjoyment of the public place.
(2)
Will not unreasonably interfere with or detract from the promotion
of public health, welfare, safety and recreation.
(3)
Is not unreasonably anticipated to incite violence, crime or disorderly
conduct.
(4)
Will not entail unusual, extraordinary or burdensome expense to the
Town for police supervision.
(5)
Will not interrupt an established schedule for Town-sponsored recreational
activities or that the facilities desired have not been reserved for
other use at the date and hour requested in the application.
(6)
Will not damage the natural flora or fauna.
D.
Each application for a permit shall be accompanied by a fee, payable
to the Town, in accordance with the fee schedule adopted by the Board
of Selectmen.
E.
Any person issued a permit shall observe all regulations and the
provisions of this chapter as though the same were inserted in such
permit. A copy of this chapter shall be forwarded to the permit applicant.
F.
The person to whom a permit is issued shall agree to be liable for
any loss, damage or injury sustained by any person or property whatsoever
by reason of negligence on the part of any person engaged in the activity
being sponsored under the permit and shall agree to hold the Town
and any of its agents, servants and employees harmless from any and
all losses caused by the permittee or any person engaged in activity
being sponsored under the permit.
G.
The First Selectman or his designated representative may revoke or
suspend the permit of any person at any time upon determining that
any such person has violated the terms of the permit, the provisions
of any regulation, or a provision of this chapter or that such revocation
or suspension is reasonably necessary for the purpose of preserving
the peace, safety and welfare of any person or preserving the public
place from damage or injury.
H.
If the First Selectman or his designated representative shall refuse
to issue a permit or revoke or suspend the permit of any person, the
applicant or permit holder may appeal in writing within 10 days of
notice of said refusal to the Board of Selectmen, which shall hear
said appeal and render a decision within 10 days from the filing of
such appeal.
