Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 7-7-1975 by L.L. No. 2-1975; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 60.
Firearms — See Ch. 98.
Recreational vehicles — See Ch. 189.

§ 123-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PARKS
Any place so designated by resolution of the Town Board from time to time and located within the Town of Wheatfield.
PERSON
One or more persons of either sex, corporations, copartnerships, associations, joint-stock companies, societies, and all other entities of any kind capable of being sued.

§ 123-2 Permit required for distribution of advertising materials in parks.

No person shall post, paint, affix, deliver, distribute or leave about any park or building placards, tickets, handbills, circulars or advertisements of any nature for advertising purposes or operate any advertising devices for the purpose of attracting attention to any exhibition, show, performance or other display or purpose, or solicit passengers for hire, in any place designated as a park in the Town of Wheatfield unless a permit is issued by the Director of Recreation.

§ 123-3 Begging and soliciting money contributions prohibited; permit for exceptions.

No person shall solicit any alms or contributions for charity or for other purposes in any public park within the Town. This provision, however, shall not be deemed to prohibit persons giving exhibitions, games or entertainment in any such public park from asking and receiving contributions from the spectators, provided that such exhibitions, games or entertainment be under a written permit issued therefor by the Director of Recreation. The Director of Recreation may issue such permit for such exhibition, game or entertainment to any proper person seeking to give the same upon the written application of such permit and approval by the Director of Recreation, and such permit shall state the time and place of such exhibition, game or entertainment and whether or not the licensee is entitled to solicit contributions therefor. No person shall give or conduct any such exhibition, game or entertainment at any such park without such permit.

§ 123-4 Control of animals.

No person shall cause or permit any animals owned or controlled by him or her to run at large in any park within the Town, except a dog or cat when restrained by a leash not exceeding six feet in length.

§ 123-5 Prohibited acts.

No person shall throw stones or other missiles; annoy others; interfere with, encumber, obstruct, or render dangerous any path, driveway, walk, or public place in such park or climb upon any walk, fence, shelter, seats, structures, or other erection in the park or enter or leave any park except at the established entranceways or exits; introduce, carry, or discharge any firearms, torpedoes, or other explosives within the park or throw or deposit on any walk, path, lawn, floor or platform any vegetable, foodstuff, papers, litter, or refuse of any kind within any park in the Town.

§ 123-6 Explosives prohibited.

No person shall bring into or have with him or her in any park within the Town any explosive compound or mixture or article having properties of such a character that alone or in combination with another substance or compound it may settle or decompose or generate rapid flaming combustion with explosive force.

§ 123-7 Weapons prohibited.

No person shall have or carry upon his or her person any instrument or weapon or firearm, unless he or she shall have a special permit to do so as provided by law, within any park in the Town, nor shall be or she have or use within parks any air guns, spray guns, slingshots, or any other kind of weapon for the propelling of missiles through the air within any park.

§ 123-8 Fires.

No person shall kindle or maintain any fire within any park except in places provided for that purpose. When any fire is maintained in such place so designated by any person, the same shall be under the care and direction of a competent person from the time it is kindled until it is extinguished. No person shall throw any lighted match, cigar, cigarette, or ignited matter within or against any building, structure or enclosure, except for the purpose of igniting a fire in the places provided for that purpose.

§ 123-9 Loitering.

No person shall between the hours of 10:00 p.m. and 8:00 a.m. loiter at any place in any park within the Town, unless said person shall have received a written permit from the Director of Recreation.

§ 123-10 Camping.

No person shall lodge or camp in any park in the Town except at places designated by the Town for that purpose, and upon written approval of the Direction of Recreation.

§ 123-11 Benches.

No person shall sleep upon, lie upon or overturn any seat or bench in a park in the Town, nor remove such bench from the park.

§ 123-12 "No Admittance" signs.

No person shall enter any building, structure, enclosure, or place within any park in the Town upon which the words "No Admittance" are displayed or posted by signs or placards without the written consent of the Director of Recreation.

§ 123-13 Aviation apparatuses.

No person, except in an emergency, shall bring, land or cause to descend or alight within any park in the Town any airplane, flying machine, parachute or other apparatus for aviation unless pursuant to a written permit obtained from the Director of Recreation.

§ 123-14 Bathing restricted; disrobing prohibited.

No person shall bathe, wade or swim in any park waters in any park in the Town, except at such time and in such places as may be specially designated by appropriate signs by the Director of Recreation, nor shall any person dress or undress in any public place except in bathhouses maintained or permitted by the Town for that purpose.

§ 123-15 Boating.

No person shall place or operate or have for hire any boat, canoe or raft in any park in the Town without a written permit of the Director of Recreation. This provision shall not apply to bodies of water bordering on parks or to toy boats used by children.

§ 123-16 Coasting and sledding.

No person shall coast with hand sleds, bobs or other vehicles on wheels or runners at any place within any park within the Town except at such places and at such times as may be designated therefor by the Director of Recreation.

§ 123-17 Horses.

No person shall use, ride or drive any horse within any park within the Town unless it is well broken and in constant control of the person in charge therefor, nor permit any horse to be loose, unbridled or unattended in any park.

§ 123-18 Permit required for meetings, exhibitions and parades.

No person shall, without a written permit by the Director of Recreation, erect any structure, stand or platform within any park in the Town for the purposes mentioned in this section, and no person shall hold any meetings, perform any ceremony, make any speech or address, exhibit to the public any performance in whole or in part, or fund any dancing entertainment or acrobatic performance or engage in any parade, drill, maneuvers, circus or other procession, or run any race by man, animal or vehicle without the written consent of the Director of Recreation.

§ 123-19 Ice skating; use of frozen waters.

No person shall use skates of any kind within any park in the Town except at such times and at such places as may be designated therefor by the Director of Recreation, nor shall any person skate, slide, walk or go upon any ice excepting at such times and at such places as may be designated therefor by the Director of Recreation, nor until such is declared, under the authority of the Director of Recreation, to be in safe condition, and the Director shall, by proper signs, designate such times and places when in safe condition. The absence of such signs at any place or time shall mean that such place and time is within the prohibition of this section.

§ 123-20 Injury to property, drives, bridges and equipment.

No person shall injure, write upon, deface, displace, remove, destroy or tamper with any drive, path, walk, bridge, or approach thereto, or disturb or remove any asphalt, concrete, flagstone, rock, gravel, sand or earth, or make any excavation of any kind, or injure or remove any ice, or injure or displace any structure, building, post, bench, seat, tree guard, telephone, telegraph, pipe or main, receiving basin, cover, manhole or vent, or any appurtenances or appendages connected therewith or any other property or equipment, real or personal, owned by the Town or under the jurisdiction or control of Town authorities, pertaining to the use, management or maintenance of any park within the Town, or injure in any way or interfere with any machine, instrument or contrivance used in the parks, or deface, remove or injure any sign, inscription, post or monument within any such park or any lamp, light or apparatus connected therewith, without the written consent of the Director of Recreation.

§ 123-21 Injury to trees, shrubs and other plants.

No person shall destroy, cut, injure or remove any plant, flower, shrub, tree or growing thing, or pile any material or debris against the same, or attach any rope, cable or any other contrivance thereto, or enter or walk upon any planted place, or hitch any animal to any shrub, plant or tree, within any park of the Town, or leave any animal standing near enough to injure any grass, plant, flower, shrub or tree within any park without the written consent of the Director of Recreation.

§ 123-22 Injury to park animals; fishing.

No person shall molest, kill, wound, interfere with, throw missiles at, or have in his or her possession any bird, bird's nest, squirrel, squirrel's nest, or bird's eggs located in any park within the Town. No person shall discharge or throw missiles at any animal or fish within any park, or do anything whatsoever to injure the same, except that fishing shall be permitted in the waters of the Town parks.

§ 123-23 Pollution of water.

No person shall, within or without any park, throw at, cast into or leave in the waters of any park, or any tributary, brook, stream, sewer or drain flowing into such waters, any substance or thing which may or shall result in the pollution of such waters within any parks of the Town.

§ 123-24 Rubbish and refuse.

No person shall bring, carry into, leave, cast or throw into any park in the Town any refuse, rubbish, junk, dirt or objectionable material of any kind or any waste material except such rubbish and refuse that may be used in connection with activities allowed in the park as long as they are place in containers provided for rubbish and refuse and not left upon the general park grounds.

§ 123-25 Commercial vehicles.

No person shall drive or operate in any park in the Town any motor vehicle used for commercial purposes except by written permit of the Director of Recreation.

§ 123-26 Demonstration and instruction vehicles.

No person shall use park drives for demonstrating any vehicle or for the purpose of instructing another to operate such vehicle.

§ 123-27 Operation of motor vehicles; speed limit.

No person shall operate any motor vehicle of any kind, including, but not limited to, automobiles, motorcycles, motorbikes, minibikes or any other vehicle propelled by a motor, within any park within the Town, except upon roadways provided within the park, and at no time shall any person operate such a vehicle in a race or other contest of speed. Nor shall any person operate such a motor vehicle at a speed in excess of 10 miles per hour within a Town park.

§ 123-28 Traffic signs; parking.

No person shall drive any vehicle upon any walk, bridle path, or part of any park in the Town not designated for vehicle use. No person shall ride any bicycle or similar vehicle upon any walk or footpath within any park within the Town. No person shall park or permit to be parked any vehicle within any park outside of designated parking spaces except in case of emergency.

§ 123-29 Directions of officer.

Whenever any officer shall indicate or direct by gesture or otherwise the speed or force of any vehicle within a park in the Town, the driver thereof shall immediately obey such direction.

§ 123-30 Snowmobiles.

No person shall operate a snowmobile within a Town park except on trails that are designated, and marked as such, for the use of snowmobiles.

§ 123-31 Designation of park management official.

The supervision, use and management of all public parks within the Town shall be under the Director of Recreation.

§ 123-32 Issuance of permits.

Whenever the Director of Recreation is authorized to issue a permit as provided in this chapter, any person claiming to have such permit shall produce and exhibit the same upon the request of any authorized person. All permits shall be subject to the provisions of this chapter, and the holders thereof must strictly observe the conditions thereof, and the provisions, ordinances and local laws of the Town relating to the same. Any permit may be peremptorily revoked by the officer issuing the same in case of any violation of the terms on which the same was issued or of any ordinance or local law to the same by the holder thereof.

§ 123-33 Obedience to officials' orders.

No person shall refuse to obey orders or requests of the Director of Recreation, any Town employee in the park, any park officer, Town constable or police official.

§ 123-34 Park rules and regulations.

The Town Board shall have general powers to make and enforce rules for the use and maintenance of all recreational and park facilities within the Town.

§ 123-35 Penalties for offenses; civil action for damages.

Any person found guilty of violating any of the provisions of this chapter shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment, for each offense and, in addition thereto, shall be subject to a civil action for any damages sustained by the Town for such violation.