Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 58.
Littering — See Ch. 83.
Peace and good order — See Ch. 99.
[Adopted as §§ 11-1 through 11-24 of the 1970 Code]
The use of a Town park, playground or recreational area by other than a resident of the Town of Orchard Park is expressly prohibited, except that:
A. 
A nonresident accompanied by a resident may be admitted.
B. 
Any participant in or spectator of an organized program sponsored or supported by the Town may be admitted.
[Amended 10-20-1976; 5-17-2000 by L.L. No. 2-2000]
The Town parks, playgrounds and recreational areas shall be closed each night from 1/2 hour after sunset until 1/2 hour before sunrise the following morning, except that lighted facilities may remain open until 1/2 hour after activities have concluded, but in no case later than 11:00 p.m.
No person shall lounge about or remain in any park, playground or recreational area after the same has been closed.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person, firm or corporation shall sell or offer for sale within the Town parks, playgrounds or recreational areas any property or privilege whatsoever, including food and refreshments, unless authorized by the Town Board.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person shall injure, deface, disturb or befoul any part of a Town park, playground or recreational area or any building, sign, equipment or other property found therein, or remove, cut down, cut, injure, mutilate or destroy any tree, shrub, flower, monument, statue, ornament, fountain, wall, fence, railing, bench, bridge, structure, vehicle or other property, within any Town park, playground, recreational area, park approach or any other area under the control of the Town Board.
The grounds of parks, playgrounds and recreational areas shall be maintained in a clean and sanitary condition.
[Amended 5-17-2000 by L.L. No. 2-2000]
A. 
Prohibited. No person shall deposit, dump, throw or place any earth, rubbish, paper, bottle, bits of crockery, glass or glassware, metal or other substance, garbage or other refuse matter or any sand, stone, straw, lumber or other material of any kind in or upon any part of the water or grounds of any Town park, playground or recreational area or park approach.
B. 
Use of receptacles. Garbage and refuse must be deposited in the receptacles provided or carried out when receptacles are not provided.
A. 
Prohibited: exceptions. No person shall kindle, build, maintain or use a fire in any Town park or park approach, playground or recreational area for any purpose except in a stove, fireplace, oven or fire circle provided for that purpose.
B. 
Supervision. A fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
C. 
Matches, cigarettes, etc. Lighted matches, cigarettes, cigars or burning tobacco must not be deposited or left where they may cause fires.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person shall fire or discharge any gun, air gun, pistol, firearm or slingshot or any rocket, torpedo or other explosives, firecrackers or fireworks of any description, or carry or transport the same in any Town park, playground or recreational area unless authorized by the Town Board.
[Amended 9-21-2000 by L.L. No. 3-2005]
A. 
No person shall bring any dog into any Town park, playground or recreational area unless the same is on a leash of not over six feet in length and kept on a leash while in said park, playground or recreation area.
B. 
Dogs shall be prohibited in all areas so designated by resolution of the Orchard Park Town Board.
C. 
The individual who brings any dog into a Town park shall be responsible to remove waste created by that dog.
No person shall hunt game within a park, playground or recreational area or within 500 feet of the boundaries thereof.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person shall walk, use, ride or drive a horse in any Town park, playground or recreational area except over bridle paths or other paths that may be established for said purpose. No rider shall travel at a gait in excess of a trot while in the parks to preserve the safety of the public and avoid endangering children at play.
A. 
Generally. No person shall bathe, wade or swim in any waters, pools or lakes except at such times and in such places as the Town Board may designate or maintain as bathing areas.
B. 
Bathing suits required. No person shall bathe, wade or swim in any place authorized under this section unless so covered with a bathing suit as to prevent indecent exposure of the person.
C. 
Dressing or undressing. No person shall dress or undress or make any similar preparation for bathing in any Town park, playground or recreational area or park approach except in such places as may be designated or maintained for that purpose.
[Amended 5-17-2000 by L.L. No. 2-2000]
The following activities are prohibited in any bathing area:
A. 
The use or possession of any bottles, cartons or cans.
B. 
The preparation or eating of any food.
C. 
Fishing during designated swimming hours.
D. 
The launching or use of any boats, rafts or surfboards.
The use of motorboats or ice skating on Green Lake is expressly prohibited. Swimming from boats of any kind on Green Lake is expressly prohibited.
[Amended 5-17-2000 by L.L. No. 2-2000; 5-15-2013 by L.L. No. 3-2013]
A. 
Parks and recreation areas.
(1) 
It shall be unlawful for any person to be in possession of an open container upon any park or recreation area within the Town of Orchard Park.
(2) 
It shall be unlawful for any person to engage in the public consumption of any alcoholic beverage upon any park or recreation area within the Town of Orchard Park.
(3) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
OPEN CONTAINER
An alcoholic beverage container that is no longer sealed, or any other type of container or package not original to said beverage but which contains an alcoholic beverage.
(4) 
Exceptions: permit required. Consumption of beer and wine is permitted during any community-sponsored public function, festival or celebration, or any private party being conducted within the Town parks or recreation areas and/or any other publicly owned areas pursuant to a written permit issued by the Town Board or the appropriate governing authority. This permit, when issued, will also allow the sale, service and distribution of beer and wine on designated Town property and areas reserved for the event, subject to all applicable ABC regulations. However, before such permit is issued under this section, the Town Board or the appropriate governing authority, or their duly authorized designee, shall designate the boundaries of the event.
B. 
Public streets, ways, thoroughfares, sidewalks, or other Town-owned property.
[Added 5-15-2013 by L.L. No. 4-2013]
(1) 
It shall be unlawful for any person to be in possession of an open container upon any public street, way, thoroughfare, sidewalk, or other Town-owned property within the Town of Orchard Park.
(2) 
It shall be unlawful for any person to engage in the public consumption of any alcoholic beverage upon any public street, way, thoroughfare, sidewalk, or other Town-owned property within the Town of Orchard Park.
(3) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
OPEN CONTAINER
An alcoholic beverage container that is no longer sealed, or any other type of container or package not original to said beverage but which contains an alcoholic beverage.
(4) 
Penalty for violation. A violation of Subsection B(1) or (2) shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
(5) 
Exceptions: permit required. Consumption of beer and wine is permitted during any community-sponsored public function, festival or celebration, or any private party being conducted within the Town parks or recreation areas and/or other publicly owned areas pursuant to a written permit issued by the Town Board or the appropriate governing authority. This permit, when issued, will also allow the sale, service and distribution of beer and wine on designated Town property and areas reserved for the event, subject to all applicable ABC regulations. However, before such permit is issued under this section, the Town Board or the appropriate governing authority, or their duly authorized designee, shall designate the boundaries of the event.
Gambling in any park, playground or recreational area or the possession of any gambling device in any such place is expressly prohibited.
A. 
No vehicle shall be operated in any Town park, playground or recreational area except on designated roads or parking areas.
B. 
It shall be unlawful for any person to operate a snowmobile, all-terrain vehicle, motorcycle, motorbike, scooter or any similar self-propelled vehicle within any Town park, playground or recreational area.
[Amended 5-17-2000 by L.L. No. 2-2000]
C. 
No person shall drive or cause to be driven any vehicle along or over any road within any Town park, playground or recreational area at a speed in excess of 15 miles per hour.
D. 
No person shall park or cause to be parked any vehicle in any Town park, playground or recreational area anywhere other than in those areas specifically designated for parking.
[Amended 5-17-2000 by L.L. No. 2-2000]
E. 
The operation of commercial vehicles in any park, playground or recreational area is expressly prohibited except for commercial vehicles of three-fourths-ton or less carrying capacity and for such other commercial vehicles servicing a park, playground or recreational area.
[Added 5-17-2000 by L.L. No. 2-2000]
No person shall place any sign, bulletin board or advertising device of any kind whatsoever in any Town park, playground or recreational area or upon any building, fence, tree or other structure therein unless authorized by the Town Board.
[Amended 5-17-2000 by L.L. No. 2-2000]
By the issuance of a special permit the Town Board may allow activities otherwise prohibited by this article.
[Amended 1-2-1985 by L.L. No. 1-1985; 5-17-2000 by L.L. No. 2-2000]
Violations of this article shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
[Adopted 6-4-1975 by L.L. No. 1-1975]
This article is adopted for the purpose of promoting the health, safety, protection and general welfare of the inhabitants of the Town of Orchard Park and in furtherance of the following related and more specific objectives:
A. 
To regulate the use of Yates Park.
B. 
To promote the control and regulation of vehicular traffic at Yates Park.
C. 
To promote the control and regulation of boats using Green Lake in Yates Park.
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future tense. Plural and singular connotations are interchangeable. The word "person" includes a firm, partnership or corporation as well as an individual, whether tenant, owner, lessee, licensee, agent, heir or assignee. The word "shall" is always mandatory. The word "used" includes the term "designed or intended to be used."
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
GREEN LAKE
The body of water contained within Yates Park in Orchard Park, New York.
POLICE DEPARTMENT
The Police Department of the Town of Orchard Park.
RECREATION DEPARTMENT
The duly constituted and appointed Recreation Department of the Town of Orchard Park.
TOWN BOARD
The duly elected Town Board of the Town of Orchard Park.
TOWN CLERK
The duly elected Town Clerk of the Town of Orchard Park.
VILLAGE JUSTICE
Any duly elected Village Justice of the Village of Orchard Park.
YATES PARK
The picnic and recreational area adjacent to South Buffalo Street in the Town of Orchard Park, bordering and including Green Lake, which was deeded to the Town of Orchard Park for the use of its inhabitants by Henry Yates and which is sometimes referred to as "Green Lake Park."
Yates Park shall close each night at 9:00 p.m. and shall reopen at 6:00 a.m. the following morning. No person shall remain at Yates Park after the same has been closed for the night.
[1]
Editor's Note: Former § 97-24, Parking permit required, as amended, was repealed 7-15-2015 by L.L. No. 6-2015.
[1]
Editor’s Note: Former §§ 97-25, Issuance of use permits; 97-26, Display of permit; duration; and 97-27, Violation of use permit; penalty, were repealed 8-16-2017 by L.L. No. 4-2017.
[1]
Editor's Note: Former § 97-28, Selling of refreshments and food restricted, was repealed 5-17-2000 by L.L. No. 2-2000.
No vehicle of any kind or description shall be allowed to park or be permitted to stand on any portion of the Yates Park areas other than those areas specifically designated for parking.
The operation of commercial vehicles in Yates Park is expressly prohibited except for commercial vehicles of three-fourths-ton or less carrying capacity and for such other commercial vehicles servicing Yates Park, and no person shall ride or drive any vehicle upon any portion of the park or its driveways in a reckless or careless manner or at a rate of speed exceeding 15 miles per hour.
No person shall have or give any musical, theatrical or other entertainment, nor shall any parade, procession, public gathering or meeting of any kind take place in Yates Park or in any building on the same, nor shall any person solicit fares or beg or publicly solicit subscriptions or make any oration, harangue, demonstration or address within the limits of the park, unless special permission therefor shall be obtained from the Town Board or its duly authorized agent or employee.
No person shall suffer to remain in or upon Yates Park any goods, merchandise or other articles in the nature of an obstruction to the free use and enjoyment of the park; nor shall any person place any straw, dirt, papers, garbage or other rubbish in or upon the same, nor place any sign, bulletin board or advertising device of any kind whatsoever in the park or upon any building, fence, tree or other structure therein.
No person shall remove, destroy, break, injure, mutilate or deface in any way any structure, monument, statue, fountain, wall, fence, railing, vehicle, bench, tree, shrub, plant, flower or other property in or belonging to Yates Park.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person shall fire or discharge any gun, air gun, pistol, firearm or slingshot or any rocket, torpedo or other explosives, firecrackers or fireworks of any description, or carry or transport the same in Yates Park unless upon permission of the Town Board and Village Board or their duly authorized agent or employee.
Loud, boisterous, threatening or abusive, insulting or indecent language or disorderly conduct or behavior or any act tending to a breach of the public peace is prohibited.
No person shall dress or undress or make any similar preparations for bathing within Yates Park except within the locker room or other quarters furnished for that purpose by the Town or its duly authorized agent or employee.
A. 
Prohibited; exceptions. No person shall kindle, build, maintain or use a fire in Yates Park for any purpose except in a stove, fireplace, oven or fire circle provided for that purpose.
B. 
Supervision. A fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
C. 
Matches, cigarettes, etc. Lighted matches, cigarettes, cigars or burning tobacco must not be deposited or left where they may cause fires.
[Amended 5-17-2000 by L.L. No. 2-2000]
No person shall bring any dog into Yates Park unless the same is on a leash not over six feet in length and kept on that leash while in Yates Park. No dog shall be permitted in any bathing area. No dog shall be left unattended.
No person shall use, ride or drive a horse in Yates Park.
No person shall bathe, wade or swim in Green Lake except at such times and such places as the Town Board may designate or maintain as bathing areas.
The following activities are prohibited in any bathing area:
A. 
The use or possession of any bottles, cartons or cans.
B. 
The preparation or eating of any food.
C. 
Fishing during designated swimming hours.
D. 
The launching or use of any boats, rafts or surfboards.
The use of motorboats or ice skating on Green Lake is expressly prohibited. Swimming from boats of any kind on Green Lake is expressly prohibited.
[1]
Editor's Note: Former § 97-43, Alcoholic beverages, was repealed 5-17-2000 by L.L. No. 2-2000.
Gambling in Yates Park or the possession of any gambling device in Yates Park is expressly prohibited.
[1]
Editor's Note: Former § 97-45, Certain vehicles prohibited, wwas repealed 5-17-2000 by L.L. No. 2-2000.
[1]
Editor's Note: Former § 97-46, Compliance with officers and regulations, was repealed 5-17-2000 by L.L. No. 2-2000.
No boat or other similar vessel shall be used on Green Lake in Yates Park unless such vessel displays a valid boat permit issued by the Town of Orchard Park.
Residents of the Town of Orchard Park may obtain a boat permit at the office of the Town Clerk at the Orchard Park Municipal Building, Orchard Park, New York. Such permits shall be issued to and used by residents of the Town of Orchard Park only.
A. 
Boat permits are valid only when displayed conspicuously on the hull of the boat or similar vessel or such other place authorized by the Town Clerk. The license registration number of such vessel shall be legibly written on said permit.
B. 
The permit shall be valid only for the calendar year issued.
The owner or user of said boat or similar vessel utilizing Green Lake without displaying a valid boat permit shall be guilty of a violation punishable by a fine of not less than $10 nor more than $50. The exact amount of such fine shall be determined by the Village Justice.
[Amended 1-2-1985 by L.L. No. 1-1985]
Violations of this article shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
A. 
The Town Clerk, the Recreation Department and the Police Department are directed to maintain one copy of this article and all revisions and amendments thereto in their respective offices where they may be inspected by any interested person.
B. 
Unless otherwise provided by action of the Town Board, the Police Department of the Town of Orchard Park shall enforce this article.
C. 
It shall be the duty of the Town Clerk to perform all tasks assigned to him by the provisions of this article.
By the issuance of a special permit the Town Board may allow activities otherwise prohibited by this article.