[HISTORY: Adopted by the Town Board of the
Town of Orchard Park as indicated in article histories. Amendments
noted where applicable.]
[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:
[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.
[Amended 12-18-2019 by L.L. No. 7-2019]
No person shall hunt game and/or use a hunting implement on
property owned by the Town of Orchard Park or within 500 feet of the
boundaries of a park, playground, or developed recreational land owned
by the Town of Orchard Park.
[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:
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)
ALCOHOLIC BEVERAGE
OPEN CONTAINER
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
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.
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)
ALCOHOLIC BEVERAGE
OPEN CONTAINER
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
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.
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.
(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.
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.
GREEN LAKE
POLICE DEPARTMENT
RECREATION DEPARTMENT
TOWN BOARD
TOWN CLERK
VILLAGE JUSTICE
YATES PARK
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The body of water contained within Yates Park in Orchard
Park, New York.
The Police Department of the Town of Orchard Park.
The duly constituted and appointed Recreation Department
of the Town of Orchard Park.
The duly elected Town Board of the Town of Orchard Park.
The duly elected Town Clerk of the Town of Orchard Park.
Any duly elected Village Justice of the Village of Orchard
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:
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.
