Town of Rush, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rush 2-12-1980 by L.L. No. 1-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 25.
Dog control — See Ch. 28, Art. I.
Snowmobiles — See Ch. 94.
Traffic and parking — See Ch. 110.

§ 83-1 Short title.

This chapter shall be known as the "Town of Rush Parks Law."

§ 83-2 Scope.

The rules and regulations set forth herein shall apply to and be in effect in all parks under the control, supervision and jurisdiction of the Town of Rush.

§ 83-3 Purpose.

Park facilities of the Town of Rush can only be used successfully if subject to reasonable controls to insure safety of the public therein. In order to promote good order and encourage use of the facilities, the Town of Rush has adopted this chapter to regulate conduct within parks of the Town.

§ 83-4 Definitions.

The following terms shall have the meanings indicated in this section:
PARKING
The standing of any vehicle whether occupied or not other than temporarily or which actively engaged in loading or unloading or while standing in obedience to traffic regulations or traffic signals.
PARKS
The grounds, buildings thereon, water therein, and any other property necessary for the operation thereof; and constituting any part thereof, which are now or may hereafter be owned, maintained, operated and controlled by the Town of Rush for public park purposes.
PERSON
Any individual, firm, partnership, corporation or association of persons; and the singular number shall include the plural.
VEHICLE
Every device in, upon, or by which a person or property is or may be transported or drawn.

§ 83-5 Prohibited activities.

The following acts are prohibited within town parks and no person shall:
A. 
Disturb the peace and good order.
B. 
Beg, hawk, peddle or solicit.
C. 
Engage in gambling.
D. 
Have or carry any dangerous weapons.
E. 
Use obscene, profane or abusive language.
F. 
Loiter in or near rest room buildings.
G. 
Carry, fire or discharge any firearm.
H. 
Carry or use any fireworks of any description.
I. 
Use any bow or arrow.
J. 
Remove or mutilate park vegetation.
K. 
Write, paint, carve on or damage in any way any tree, park structure, park equipment on sign.
L. 
Kill, injure, hunt, trap or in any way molest or harm fish, birds or animals.
M. 
Bring into, leave behind or dump any material of any kind in a park except the refuse, ashes, garbage and other material caused by a picnic, camp or other permitted activity and such material shall be deposited in receptacles for such purpose.
N. 
Discharge into any stream any matter or thing, either liquid or solid, which may result in the pollution of said stream or interfere with the conservation of the natural resources of a park, or endanger the health of visitors.
O. 
Play or practice golf anywhere except in an area designated for that purpose.
P. 
Ride or lead a horse anywhere except on a bridle trail.
Q. 
Appear in a state of nudity, or commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior.
R. 
Fail or refuse to comply with any order relating to the regulations, direction or control of traffic.
S. 
Operate a vehicle in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles or while under the influence of intoxicating liquor, narcotic drugs or opiates.
T. 
Operate a vehicle anywhere except for the proper drives and parking areas or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. Footpaths or bicycle paths shall not be used for vehicular traffic.
U. 
Operate a vehicle at a speed exceeding 10 miles per hour, unless otherwise posted.
V. 
Use or shine spotlights, or unnecessarily or continuously shine automobile headlights into park lands, except under the direction of a police officer or park employee, or except where necessary for the preservation of life or property.
W. 
Bring into, or keep in a park, any dog, cat, or other animal, except that dogs or cats are permitted if held in control by a leash or otherwise.
X. 
Conduct himself in such manner as to endanger the life, limb or property or be offensive or injurious to the morals of any person frequenting the park.

§ 83-6 Use regulations.

[Amended 7-9-1997 by L.L. No. 3-1997]
Any person using a Town park shall comply with the following regulations:
A. 
No person shall be, remain, stop, or park within the confines of any town park between the hours of sunset and 7:00 a.m. prevailing local time in the Town of Rush or such other times as may be posted, except in an emergency or with a permit, issued pursuant to the provisions of § 83-7. In case of an emergency or when, in the judgment of the Town Board, the public interest demands it, any portion of a park may be closed to the public or to designated persons until permission is given to reopen.
B. 
Riders of bicycles and snow vehicles shall comply with the rules for the regulation of other vehicles as set forth above. In addition, no person shall ride a bicycle or snow vehicle upon the lawns, walks or foot trails of parks unless designated for such vehicles.[1]
[1]
Editor's Note: See also Ch. 94, Snowmobiles.
C. 
No person shall picnic or cook in any area not designated for that purpose or make or kindle any fire except in places provided therefor, and then, subject to such regulations as may be prescribed.
D. 
The consumption of beer and other alcoholic beverages is permitted only with a special permit, issued pursuant to the provisions of § 83-7.
E. 
No person shall engage in potentially dangerous games involving thrown or propelled, objects, such as footballs, baseballs, horseshoes, golf balls, or similar objects, except in areas designated for such usage and then only subject to such rules as may be prescribed. All games of any description must be conducted in a safe and orderly manner and no rough or boisterous practices will be allowed.
F. 
No person shall commit any of the following acts within said parks without written permit of the Town Board or some person duly authorized to act for it:
(1) 
Post or display any sign, banner or advertisement of any kind or keep or offer any article for sale.
(2) 
Hold any public meeting or engage in any marching, drilling, or driving as members of a military, political or other organization; use any loudspeaker or other sound-amplifying equipment.
(3) 
Camp overnight.
(4) 
Conduct any group picnic or activity for more than 50 persons who are not members of an immediate family.

§ 83-7 Permit procedures.

A. 
Any permit required by this chapter shall be issued at the Town offices during regular office hours. Application shall be made on forms furnished by the Town at least 15 days prior to the date requested.
B. 
Upon issuance of a permit, the applicant must sign an agreement to be responsible for all damages to any park or park facilities and to indemnify the Town for such damages and shall pay the permit fee established by the Town Board.
C. 
All permits must be picked up at the Town offices during regular office hours prior to use of park area.
D. 
All permits issued shall be in writing by the Board or by its duly authorized agent, and are subject to park rules and regulations. Any violation of any term or condition thereof or any law or ordinance or rules or regulations governing the parks shall constitute grounds for revocation of said permit. No permit for the same purpose shall be issued to a person whose permit has been revoked during the year in which such revocation is made.
E. 
The above permit procedures, or any of them, may be waived by the Director of the Recreation, Youth and Parks Commission, in said Director's discretion.
[Amended 7-9-1997 by L.L. No. 3-1997]

§ 83-8 Parental responsibility.

No parent, guardian, or custodian of any minor shall permit or allow him or her to do any act which would constitute a violation of this chapter.

§ 83-9 Enforcement; penalties for offenses.

A. 
Nonobservance of this chapter shall constitute a violation. Such violation is punishable by imprisonment for not more than 15 days, or by a fine not exceeding $250, or both, for each offense, or by a penalty not exceeding $250 for each offense. Each instance of nonobservance of this chapter shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any person violating § 83-5J or K of this chapter shall also be liable for damages incurred to park property.
C. 
Any peace officer may, without a warrant, arrest any offender whom he may detect in the violation of any of the provisions of the above sections, and take the person so arrested before a Magistrate having competent jurisdiction, and he shall have at all times the right to enter the premises of any building, structure or enclosure in any park, for the purpose of arresting violators hereof, and may use all necessary means to attain that end.
D. 
Any peace officer may eject from any park any person acting in violation of this chapter.

§ 83-10 Construal of provisions.

This chapter shall be interpreted in such a way, wherever possible, that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect.