[HISTORY: Adopted by the Town Board of the Town of Batavia 6-21-2017 by L.L. No. 2-2017[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 169, Parks, adopted 8-26-1981 by L.L. No. 2-1981, as amended.
This chapter shall be known as the "Town of Batavia Park Rules and Regulations Law."
The purpose of this chapter is to preserve the public peace and good order on lands operated as public parks by the Town of Batavia and to contribute to the safety and enjoyment of park users by establishing rules and regulations governing the use of parks maintained by the Town of Batavia.
A. 
Words used in the present tense shall include the future, words in the masculine gender shall include the feminine and neuter, the singular number shall include the plural, and the plural the singular.
B. 
For the purpose of this chapter, the terms used herein are defined as follows, unless the context specifically indicates otherwise:
PARK
The land, including all buildings, waters and other property located thereon and constituting a part thereof, which is designated as a park by the Batavia Town Board and which is maintained, operated and controlled by the Town of Batavia for public park purposes.
PERSON
Any individual, firm, partnership, company, corporation, association, society, group or municipality.
VEHICLE
Every device in, upon or by which a person or property is or may be transported or drawn, whether or not by motorized power.
This chapter shall apply to all parks under the control, supervision and jurisdiction of the Town of Batavia.
A. 
All parks shall open and close for the season as designated by resolution of the Town Board.
B. 
No person or vehicle shall enter or remain in any park between the hours of 10:00 p.m. and sunrise or when closed for the season, except as otherwise provided by the Town Board, by resolution.
C. 
In case of an emergency, any portion of a park may be closed to the public, to vehicles or to designated persons.
A. 
No person may reserve for use any park pavilion or other reserved areas without first obtaining a permit for such use.
B. 
An application for a permit may be obtained from and must be filed with the Batavia Town Clerk.
C. 
Each application for such permit shall be accompanied by a deposit to be set from time to time by the Town Board, by resolution. Said deposit shall be for the purpose of ensuring that the pavilion and/or reserved area is undamaged and free of debris upon completion of use. Following use, said pavilion and/or reserved area shall be inspected by the Town. If the same is undamaged and free of debris, said deposit shall be returned. If said area is either damaged or not free of debris, said deposit shall be forfeited to the Town to cover the cost of repair or cleaning. Nothing herein shall prevent the Town from instituting legal proceedings against any person for the recovery of damages caused by the use of any park or park pavilion.
D. 
Application for a permit shall be made at least 72 hours in advance of the time of the reservation requested. In the event more applications are received than space is available, such applications shall be considered in the chronological order received.
E. 
The Town Board may require applicants utilizing a park for a business or organizational purpose to provide any appropriate certificates of insurance as the Town Board deems necessary in its sole discretion.
F. 
The Town Board may require all applicants to execute indemnity agreements in connection with applications for use of park facilities.
The Town Board shall from time to time, by resolution, promulgate such further rules and regulations for the use of Town park facilities as it deems necessary and appropriate to preserve park improvements and the public's access thereto, and to protect the public health, safety and general welfare.
This chapter and the park rules and regulations adopted from time to time by the Town Board shall be enforced by the Town of Batavia through its constables, by the Genesee County Sheriff's Department and by all other police agencies having jurisdiction within the Town of Batavia.
Any person found in violation of this chapter or the duly adopted park rules and regulations shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both.