[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated
in article histories. Amendments noted where applicable.]
[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:
A.
No person shall disturb the peace and good order.
C.
No person except a peace officer shall have or carry
any dangerous weapons, concealed or otherwise, while in the park.
D.
No person shall use obscene, profane or abusive language
while in the park.
E.
No person shall loiter in or near toilet buildings while
in the park.
F.
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.
G.
No person shall remove or mutilate any vegetation while
in the park.
H.
No person shall cause damage to any building, notice,
billboard or any other facility within the park.
I.
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.
J.
No person shall write, paint or carve on any tree, bench,
park structure, sidewalk, pathway or road within the park.
K.
No person shall kill, injure, harass or unnecessarily
disturb any waterfowl, birds or animals within the park.
L.
No person shall injure, deface, disturb or befoul any
part of the park or any of its buildings, signs or equipment.
M.
No person shall ride or lead a horse in the park.
N.
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.
O.
No person shall fail or refuse to comply with any lawful
directive of a peace officer within the park.
P.
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.
Q.
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]
R.
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.
S.
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.
T.
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.
U.
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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
There shall be no discharge of any firearms or weapons
at any time except by authorized peace officers.
H.
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.
A.
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.
B.
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.