[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated in article histories. Amendments noted where applicable.]
Article I Vitale Park
Article II Linear Trails Regulations
[Adopted 6-2-1994 by L.L. No. 4-1994]
The following rules of conduct are established for all persons within the confines of Vitale Park, a park owned and operated by the Town of Livonia, Livingston County, New York, in the Hamlet of Lakeville in such township:
No person shall disturb the peace and good order.
No person shall refuse to comply with a lawful order of the police or town official.
Editor's Note: Former Subsections C, dealing with peddling, begging or soliciting without a permit, and D, dealing with gambling or gaming, were deleted 7-30-1998 by L.L. No. 6-1998.
No person except a peace officer shall have or carry any dangerous weapons, concealed or otherwise, while in the park.
No person shall use obscene, profane or abusive language while in the park.
No person shall loiter in or near toilet buildings while in the park.
No person shall carry, fire or discharge any firearm, nor carry any rocket, torpedo or other fireworks, nor use any bow or arrow, nor engage in trapping or hunting within the park.
No person shall remove or mutilate any vegetation while in the park.
No person shall cause damage to any building, notice, billboard or any other facility within the park.
No person shall litter or otherwise deposit any other material within the park or any of its paths or roadways. All items brought into the park by users thereof shall be removed by those users.
No person shall write, paint or carve on any tree, bench, park structure, sidewalk, pathway or road within the park.
No person shall kill, injure, harass or unnecessarily disturb any waterfowl, birds or animals within the park.
No person shall injure, deface, disturb or befoul any part of the park or any of its buildings, signs or equipment.
No person shall ride or lead a horse in the park.
No person shall appear in the park in a state of nudity or commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior, and no person shall make any indecent exposure of his or her person within the park.
No person shall fail or refuse to comply with any lawful directive of a peace officer within the park.
No person shall be permitted to remain, stop or park within the confines of the park between the hours of 6:00 p.m. and 7:00 a.m. during the period between November 15 to April 1 or between the hours of 10:00 p.m. and 7:00 a.m. during the period between April 2 and November 14.
No person shall bring into or keep in the park any dog, cat or other household pet, except for service dogs when actually in use for such service and dogs in the employ of a police or peace officer.
[Amended 7-30-1998 by L.L. No. 6-1998]
No person shall skateboard or ride a two-wheel bicycle within the park. Persons may roller skate and/or roller blade (in-line skate) within the park between the hours of 7:00 a.m. and 10:00 a.m. only, but such activities may not be carried on within the park at any other time.
No person shall picnic or cook in any area not designated for that purpose by the Town Board or make or kindle any fire except in places provided.
No person shall post or display any sign, banner, advertisement or notice of any sort within the park without prior permission of the Town Board.
No person who is the parent, guardian, custodian or someone acting in loco parentis of any minor shall permit him or her to do any act which would constitute a violation of these regulations.
[Amended 7-30-1998 by L.L. No. 6-1998]
Any person, firm or corporation which violates any provision of this chapter shall be punishable, upon conviction, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that such violation continues shall be considered a separate and distinct offense.
[Adopted 11-5-1998 by L.L. No. 7-1998]
The Town Board of the Town of Livonia hereby affirms that providing for the safety, health and general welfare of the residents of the town and those visitors who use its linear park or trail facilities is an important matter of public policy. It is the intention and purpose of this article to prevent the occurrence of bodily injury or damage to residents or users of the linear trail or park, as well as to minimize the possibility of damage or nuisance or annoyance to those landowners adjacent to the linear trail or park.
As used in this article, the following terms shall have the meanings indicated:
- LINEAR TRAIL
- A path or right-of-way or trail, defined and marked as such, adapted and designated for use by pedestrians, hikers, joggers, cross-country skiers, bicyclists and other nonmotorized uses.
No person shall use, operate or ride any motor vehicle or motorized vehicle of any type, including but not limited to all terrain vehicles (ATV's), snowmobiles, automobiles or like motor vehicles or any other vehicle operating under motorized power.
The linear trail or park shall be open to the public during the hours between dawn and dusk. The linear trail shall be closed to the public during the hours between dusk and dawn, unless prior use arrangements shall be made by special permit that may be issued by the Town Clerk, from time to time, authorizing special group use at special hours. Such special permit shall be discretionary on the part of the Town Clerk, and no party shall be entitled to receipt of such permit.
No garbage, trash, junk or other materials may be left or deposited on or about the linear trails, whether or not such trash or garbage or materials are biodegradable. All materials brought into the linear park shall be removed from the park before the user shall leave the premises.
Users of the linear trail or park may bring customary household pets to the linear trail or park, but such animals must be kept on a leash at all times and must not pose or seem to be a teal or apparent threat to the public at large. Any unleashed animal may be subject to the Town of Livonia animal control laws and is susceptible of being removed and impounded by the animal control officer.
All parties using the linear trails shall take ordinary and courteous precautions to minimize the likelihood or possibility of injury to other users or neighboring property owners or undue fear or alarm on the part of parties enjoying the use of the trail at the same time. Obnoxious or offensive behavior calculated to scare other users or neighboring property owners or discourage the use of the park by others will be a violation of this article. No party shall silently or surreptitiously overtake another party on the trail with the intention of causing fear or alarm. All users shall endeavor to make their presence known to other parties.
No fires or use of inflammable materials shall be permitted anywhere upon the trail. Smoking shall be prohibited, as improper disposal of matches or smoking materials shall be inherently hazardous to the linear park, its users and the neighbors and adjacent properties.
There shall be no discharge of any firearms or weapons at any time except by authorized peace officers.
The Town Board reserves to itself the right to add or delete rules and regulations governing use of the linear trails and parks within the town, from time to time, by simple resolution of the Board, as long as such regulations and rules are openly and publicly displayed at all entrances to the linear trail and park and at the Town Hall.
The Town Board shall cause to be posted at all times the current rules and regulations governing the use of the linear trails or parks within the town and shall take reasonable care to ensure that such regulations and rules are legible and visible during the hours of operation of the park or trail. It is the intention of the Board that this precaution shall constitute notice to the users of the trail or linear park of the current rules and regulations applicable to its use, including any extraordinary or special regulations that may apply, from time to time.
Any police officer or peace officer or the Code Enforcement Officer of the Town of Livonia observing a person violating any provision of this article shall be authorized to issue a citation or appearance ticket citing the alleged misconduct or violation of the law. Said ticket shall be returnable at the Town of Livonia Justice Court.
Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine of not more than $250 for each offense or imprisonment for a term of up to 15 days, or both. Each separate instance or occurrence of a violation shall be deemed a separate violation or offense.
This article shall be effective immediately upon its filing with the Office of the Secretary of State or upon personal service or delivery of a copy of such rules or regulations upon any party or upon the instance of any public official, peace officer, police officer or code enforcement official drawing attention of a park or trail user to the posted rules and regulations that are found at linear park entrances.