[HISTORY: Adopted New Canaan Board of Selectmen
2-8-66; effective 3-11-66.]
DIRECTOR — Means the Director
of Recreation of New Canaan or his authorized agent.
Means a park or any other area, owned or used by the Town,
and devoted to active or passive recreation.
No person shall hunt, kill, trap, wound, frighten
or capture any bird or animal in any park.
A.
Polluting waters. No person shall throw, discharge,
or otherwise place or cause to be placed in the waters of any pond,
lake, or stream in or adjacent to any park or any tributary, stream,
storm sewer, or drain flowing into such waters, any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of said waters.
B.
Cleaning vehicles. No person shall wash, clean or
polish any vehicle in any park.
C.
Disposal of refuse. No person shall dump, throw, deposit
or leave any refuse in any park except in the proper receptacles where
these are provided; where receptacles are not so provided, all such
refuse shall be carried away by the person responsible for its presence,
and disposed of elsewhere.
A.
Driving and parking. No person shall drive or park
any vehicle on any area except the park roads or designated parking
areas, or such other areas as may on occasion be specifically designated
as temporary parking areas by the Director.
B.
Traffic signs. No person shall fail to observe all
traffic signs indicating speed, directions, caution, stopping or parking,
and all others posted for proper control and to safeguard life and
property.
C.
Speed. No person shall ride or drive a vehicle at
a rate of speed to exceed 15 miles an hour, except upon such roads
as the Director may designate by posted signs for speedier travel.
A.
Confined to roads. No person shall ride a bicycle
on other than a road or path designated for that purpose.
B.
Immobile bicycles. If a bicycle rack is provided,
immobile bicycles shall be placed in them and in no event shall they
be left lying on the ground or pavement, or be set against trees in
any place or position where other persons may trip over or be injured
by them.
A.
Bathing and swimming.
(1)
Only permitted in prescribed waters. No person shall
swim, bathe or wade in any water in or adjacent to any park, except
in such waters and at such places as are provided therefor, and in
compliance with such regulations as may be adopted for such areas.
(2)
Issuance of permits. No person shall be admitted to
any area designated for swimming unless he has permission by the Director.
Permits shall be limited to New Canaan residents or property owners.
Permits will be issued after payment of the fee established by the
Director.
(3)
Certain hours. No person shall frequent any waters
or places designated for swimming or bathing, or congregate there
except between such hours as shall be designated by the Director.
(4)
Costume. No person shall allow himself to be so covered
with a bathing suit as to expose indecently his person.
B.
Boating. No privately owned boat, canoe, raft or other
floating craft shall be placed in operation upon any park waters,
except with permission of the Director.
C.
Fishing. No person shall fish in any park waters except
those designated by the Director for that use and under such regulations
as may be prescribed by the Director. No person shall at any time
fish in any area where bathing is permitted.
D.
Camping. No person shall camp or lodge in any park
except at sites designated by the Director for that use and under
such regulations as may be prescribed by the Director.
E.
Hunting and firearms. No person shall use, carry or
possess firearms in any park, of any description, including air rifles,
bow-and-arrows, fireworks, or other weapons potentially inimical to
wildlife and dangerous to human safety, except in any area that may
be designated by the Director.
F.
Picnic areas and use.
(1)
Regulated. No person shall picnic or lunch in any
place other than those designated for that purpose.
(2)
Fires. No person shall light any fires except in fireplaces
provided for that purpose or in areas designated by the Director for
the use of charcoal burners.
(3)
Duty of picnickers. No person shall leave a picnic
area before the fire is completely extinguished and before all trash
is properly disposed of.
G.
Games. No person shall take part in or abet the playing
of any games involving thrown or otherwise propelled objects except
in areas set apart for such forms of recreation. The playing of athletic
contests is prohibited except in the areas provided for such activities.
H.
Tennis. No person shall play on any tennis courts
except during hours designated by the Director. All persons shall
wear the prescribed tennis shoes. All users of New Canaan tennis courts
must abide by the specific rules and regulations for tennis court
use established by the Director.
I.
Riding of horses. No person shall ride, lead or take
any horse in any park except on trails set aside for that purpose.
[Added 6-4-1968, effective 7-6-1968]
A.
Alcoholic liquors.
[Amended 10-27-1970, effective 12-5-1970; 8-11-1976; 6-7-1978, effective 6-23-1978; 8-4-1983, effective 8-19-1983]
(1)
Alcoholic liquors. No person shall sell, bring in
or consume alcoholic liquors at any time in any park except as herein
provided.
(2)
Exceptions.
[Amended 3-11-1987, effective 3-27-1987; 11-13-1996, effective 11-13-1996]
(a)
The Director may issue a permit to any qualified person,
firm, organization or corporation allowing alcoholic liquors to be
brought in, sold and consumed in or within the building known as "Waveny
House," located in Lapham Park, and on the premises immediately adjacent
thereto, that is to say within 200 feet from the outer terraces adjoining
the house, and in or within the buildings known as the "Waveny Carriage
Barn," the "Waveny Powerhouse," and the "Lapham Community Center,"
located in Lapham Park, and on the premises immediately adjacent thereto,
subject to the following conditions:
[1]
Use and consumption. Alcoholic liquors may be
brought in and consumed on said premises if the same are not sold
or to be sold and if it is stated in the permit issued to the applicant
by the Director for the use of Waveny House, Waveny Carriage Barn,
Waveny Powerhouse or Lapham Community Center and the adjacent premises
that alcoholic liquors may be brought in and consumed on the premises,
but not sold.
[Amended 11-13-1996, effective 11-13-1996]
[2]
Sale. Alcoholic liquors may be brought in, sold
and consumed on said premises, provided that an appropriate permit
shall be issued by the appropriate agency and, in addition, the applicant
shall have obtained all other state or town permits which may be necessary
for the proposed activity. Copies of all state permits relating to
alcoholic liquor sales shall be filed with the application, and the
permit issued by the Director or his agent shall state that copies
of the permits necessary in connection with the proposed sale of alcoholic
liquor have been obtained and filed with the Director.
[Amended 11-13-1996, effective 11-13-1996]
[3]
Permit.
[a]
Application. A person seeking issuance of a
permit hereunder shall file an application, together with any applicable
fees in accordance with the regulations adopted by the Parks and Recreation
Commission.
[b]
Standards of issuance. The Director or his agent
shall issue a permit hereunder when he finds:
[i]
That the proposed activity or use
of the park will not unreasonably interfere with or detract from the
general public enjoyment of the park.
[ii]
That the proposed activity and
use will not unreasonably interfere with or detract from the promotion
of public health, welfare, safety and recreation.
[iii]
That the proposed activity or
use is not reasonably anticipated to incite violence, crime or disorderly
conduct.
[iv]
That the proposed activity will
not entail unusual, extraordinary or burdensome expense or police
operation by the town.
[c]
Effect of permit. A permittee shall be bound
by all park rules and regulations and all applicable ordinances fully
as though the same were inserted in said permits.
[d]
Liability of permittee. The person or persons
to whom a permit is issued shall be liable for any loss, damage or
injury sustained by any person whatever by reason of the negligence
of the person or persons to whom such permit shall have been issued.
[e]
Revocation. The Director or his agent shall
have the authority to revoke a permit upon a finding of violation
of any rules or ordinance or upon good cause shown.
[f]
Appeal. Within seven days after receipt of an
application, the Director or his agent shall apprise an applicant
in writing of his reason for refusing a permit, and any aggrieved
person shall have the right to appeal in writing within 10 days to
the Board of Selectmen, which shall consider the application pursuant
to applicable regulations and sustain or overrule the Director's decision
within seven days. The decision of the Board of Selectmen shall be
final.
(b)
Nature Center. In addition to the foregoing, alcoholic
liquors may be brought in and consumed, but not sold, on premises
designated as the "Administration/Activities Building" and the "Horticultural
Building" and immediately adjacent thereto at the New Canaan Nature
Center, with the prior written approval of the Director of the Nature
Center.
(3)
Regulations. The Park and Recreation Commission shall adopt regulations concerning the use, consumption and sale of alcoholic beverages in the locations prescribed in Subsection A(2)(a) and (b) above, subject to the approval of such regulations or any amendment thereto by the Board of Selectmen.
[Amended 3-11-1987, effective 3-27-1987]
B.
Domestic animals. Dogs are regulated by Code § 6-8. As provided in § 6-8, dogs must be leashed in all public parks except in a dog run established by the Town. The Park and Recreation Commission is hereby authorized to adopt regulations concerning the use any dog run established by the Town in a public park, e.g., Spencer's Run in Waveny Park. Any violation of such regulations may be enforced by infractions issued by any police officer or Animal Control Officer. Any person violating such regulations may be fined up to $250 for each offense, and for a subsequent offense may be fined the maximum amount allowed for infractions as set forth in the Connecticut Superior Court infractions schedules.
[Amended 12-17-2008, effective 1-1-2009; 7-20-2011, effective 8-5-2011]
C.
Games of chance. No person shall gamble or participate
in or abet any game of chance.
D.
Going onto ice. No person shall go onto the ice on
any park water, except those locations designated as skating areas
and provided that a safety signal is displayed.
E.
Loitering and boisterousness. No person shall sleep
or protractedly lounge on seats, benches or other areas, or engage
in loud, boisterous, threatening, abusive, insulting or indecent language,
or engage in any disorderly conduct or behavior tending to a breach
of the public peace.
F.
Selling. No person shall sell or offer for sale any
merchandise, article or articles whatsoever in a park without the
written consent of the Selectmen, nor shall any person practice, carry
on, conduct or solicit any trade, occupation, business or profession.
G.
Handbills. No person shall distribute any handbills
or circulars or post any bills, notices or advertising matter of any
kind and nature in any park.
H.
Travel on trails. No person traveling on a trail shall
take shortcuts, but shall confine himself to the established trails.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from sunrise to sunset unless otherwise designated by the Director. Any person in a park after closing hours shall be subject to the penalty provided in § 4-8 of this code.
[Amended 9-17-1968, effective 10-19-1968]
B.
Restrictions. The use of parks shall be restricted
to New Canaan residents or property owners, or their guests.
[Amended 6-4-1968, effective 7-6-1968]
C.
Permits to use parks.
(1)
When required. Organizations or organized groups of
more than 20 persons desiring to use the parks shall apply for a permit
at least seven days prior to the day requested.
(2)
Application procedure. Application shall be filed
with the Director upon forms to be supplied by him seeking such information
as reasonably necessary for a fair determination as to whether a permit
should be issued. The application shall be accompanied by a cash bond
of $50 to guarantee that the permittee will clean up the park after
use to the satisfaction of the Director.
[Amended 9-17-1968, effective 10-19-1968]
(3)
Standards for issuance. The Director shall issue a
permit when he finds:
(a)
That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park;
(b)
That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation;
(c)
That the proposed activity or use is not unreasonably
anticipated to incite violence, crime or disorderly conduct;
(d)
That the proposed activity will not entail unusual,
extraordinary or burdensome expense or police operation by the town;
(e)
That the facilities desired have not been reserved
for other use on the day and at the hour required in the application;
(f)
That a certificate of public liability coverage in
the limits of $100,000 and $300,000 for personal injury and $50,000
for property damage to be in force during the time for which the application
is made. Liability insurance is required for groups using the park
facilities over a given period of time on a periodic basis.
(g)
That arrangements have been made with the Police Department
for the hiring of any police supervision as deemed necessary by the
Police Chief.
[Added 6-4-68; effective 7-6-68]
(h)
Appeal. Within seven days after receipt of an application the Director shall apprise an applicant in writing of his reasons for refusing a permit and any aggrieved person shall have the right to appeal in writing within 10 days to the Board of Selectmen, which shall consider the application under the standards set forth in Subsection (3) and sustain or overrule the Director's decision within seven days. The decision of the Board of Selectmen shall be final.
(4)
Effect of permit.
(a)
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in said permit.
(b)
The permit shall cover use of the described site only
and shall not include permission to use any other area.
(c)
The permit shall only be valid for the date indicated.
No area will be held for a postponement date.
(5)
Liability of permittee. The person or persons to whom
a permit is issued shall be liable for any loss, damage or injury
sustained by any person whatever by reason of negligence of the person
or persons to whom such has been issued. The permittee shall also
be responsible for any damage done to any physical properties of the
Town of New Canaan.
(6)
Revocation. The Director shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance,
or upon good cause shown.
A.
Officials. The Director and park attendants and members
of the Police Department shall, in connection with their duties imposed
by law, diligently enforce the provisions of this ordinance.
B.
Ejectment. The Director and park attendants or police
officers shall have the authority to eject from the park any person
acting in violation of this ordinance.
C.
Seizure of property. The Director and any park attendant
or police officer shall have the authority to seize and confiscate
any property, thing or device in the park, or used, in violation of
this ordinance.
All fees and revenues collected for the use
of town park and facilities shall be transmitted by the receiver to
the Bureau of Accounts at least weekly.
If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holdings shall not affect the validity of the remaining portions
hereof.
All ordinances and parts of ordinances in conflict
with the provisions of the ordinances are hereby repealed.
