City of North Tonawanda, NY Chapter 63 Parks and Recreation Areas

[HISTORY: Adopted by the Common Council of the City of North Tonawanda 6-13-1960; amended in its entirety 5-3-1994. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Boat launching — See Ch. 21.

Firearms and other weapons — See Ch. 39.

Littering — See Ch. 55.

Skateboards, roller skates and street skates — See Ch. 78.

Park trees — See Ch. 91, Art. II.

§ 63-1 Closing hours; extensions.

All parks, playgrounds, athletic fields and swimming pools shall be closed to the public between the hours of 9:00 p.m. and 7:00 a.m. daily from April 16 to October 31, and between the hours of 6:00 p.m. and 8:00 a.m. daily from November 1 to April 15. No person or group of persons shall enter or remain in any of said parks, playgrounds, athletic fields or swimming pools between the hours above specified unless written permission for such extension shall have been granted to such persons or groups of persons by the Director of Youth, Recreation and Parks of the City of North Tonawanda, New York.

§ 63-2 Motor vehicles and motorcycles prohibited; exception.

No motor vehicle or motorcycle shall be operated or parked in any park, playground, athletic field or swimming pool area in the city, except on driveways or parking areas provided for motor vehicles or motorcycles, and they are prohibited on any grassland area not designated for such use within the park. Off-road vehicles (ORV's), all-terrain vehicles (ATV's) and snowmobiles are prohibited within the boundaries of the park without the express permission of the Director of Youth, Recreation and Parks.[1]

[1] Editor's Note: See also Ch. 80, Snowmobiles, Art. I.

§ 63-3 Consumption of alcoholic beverages.

No person shall consume any alcoholic beverage or have within his possession for the purposes of consuming either by himself or another person any open container containing an alcoholic beverage in any of said parks, playgrounds, athletic fields or swimming pools except by permit from the Director of Youth, Recreation and Parks of the City of North Tonawanda, New York.

§ 63-4 Firearms and fireworks prohibited.

No person shall fire or discharge any gun, pistol, firearm or slingshot or any rocket, torpedo or other fireworks of any description or carry or transport the same in any park except by permission of the Director of Youth, Recreation and Parks.

§ 63-5 Preservation of property; golfing prohibited.

A. No person shall climb any tree or injure, deface, disturb or befoul any part of a city park or any buildings, signs, equipment or other property found therein or remove, cut down, cut, injure or destroy any tree, flower, shrub, ornament, statue, fence, bridge, structure or other property within any park or park approach or within any other area under the control of the City of North Tonawanda Department of Youth, Recreation and Parks.

B. No person shall engage in the hitting of golf balls within the boundaries of any city park or recreation area, unless designated to allow the same by the Director of Youth, Recreation and Parks.

§ 63-6 Fires.

No person shall kindle, build, maintain or use a fire in any city park except for the sole purpose of cooking food. Any fire must be contained in a stove, fireplace, oven or charcoal grill and must be continuously under the care of a competent person from the time it is kindled until it is extinguished. No other types of fire are allowed without the express permission of the Department of Youth, Recreation and Parks. Lighted matches, cigarettes, cigars or burning tobacco must not be deposited or left where they may cause fires.

§ 63-7 Garbage and refuse.

No person shall deposit, dump, throw or place any earth, rubbish, paper, bottle, bits of crockery, glass or glassware, metallic or other substance, garbage or other refuse matter or any sand, stone, lumber or other material of any kind in or upon any part of the water or grounds of any park or park approach. Grounds must be maintained in a clean and sanitary condition. Garbage and refuse must be deposited in receptacles provided.

§ 63-8 Dogs. [1]

A. No person shall bring any dog or dogs into any city park unless said dog is restrained at all times by an adequate collar and leash not exceeding nine feet in length and kept under the control of a competent person; and, further, said dogs are allowed only on park pathways. Dogs are strictly prohibited from playground and recreational areas within the park.

B. No dog shall be allowed to engage in loud howling or barking in an excessive manner to unreasonably disturb the comfort or repose of any person in a city park or recreational area.

C. No dog shall cause any damage or destruction to any property designated as a city park or recreational area.

D. No dog shall be allowed to bite, chase or harass any person in such a manner as to cause bodily harm or injury.

E. Any person bringing any dog into any city park will be responsible for the cleanup of any feces of his or her dog and shall dispose of the feces properly.

[1] Editor's Note: See also Ch. 33, Dogs.

§ 63-9 Hunting prohibited.

No person shall hunt game within the boundaries of a park.

§ 63-10 Horses.

No person shall use, ride or drive a horse in any park area without the express permission of the Department of Youth, Recreation and Parks.

§ 63-11 Noise; obscene language; crowds.

A. No person is allowed to play any radio, phonograph or other musical instrument in any city park at any time in such a manner or with such volume as to annoy or disturb any person in a city park. No person shall cause or permit any unreasonably loud or disturbing talking, shouting, singing, music or other noise to be made within any city park at any time of such duration, character or intensity as to be disturbing to others wheresoever they may be.

B. No person shall use offensive, disorderly, threatening, obscene or insulting language, conduct or behavior.

C. No person shall cause a crowd to collect by his actions except when lawfully addressing such crowds.

§ 63-12 Glass containers.

A. Purpose. The Common Council hereby finds and declares that the use of glass containers in public parks and recreation areas within the City of North Tonawanda, except under certain conditions, is detrimental to the health, safety and welfare of the residents of the City of North Tonawanda, causes unsightly and unsanitary conditions and creates a nuisance.

B. Definitions. For the purpose of this section, the following terms shall have the meanings herein ascribed to them; all other words shall have the meanings normally ascribed to them:

GLASS CONTAINERS

Any type of container for beverages or other liquids, which is composed wholly or partially of glass, including but not limited to bottles, jars, drinking glasses and the like, and which does not include thermos bottles, baby bottles and glass containers for food condiments or food, when used for same.

PARK AND RECREATION AREA

Any area, including but not limited to structures, shelters or facilities, which is maintained by the North Tonawanda Department of Youth, Recreation and Parks and normally used for parks and recreation purposes.

POSSESS

To have physical possession or otherwise to exercise dominion or control, to hold, leave, dispose or drop.

USE

To utilize or employ.

C. Glass containers prohibited. No person shall use or possess any type of glass container as herein defined, regardless of its contents, in any city park and recreation area within the City of North Tonawanda except upon written permission from the Director of Youth, Recreation and Parks. If said permission is granted, it will only be valid for a period not to exceed 24 hours from the date of granting same.

D. Penalties for offenses.

(1) Any person, firm or corporation violating any provision of this section shall be subject to a fine not to exceed $250 for each offense or imprisonment for not more than 15 days for each offense, or both such fine and imprisonment.

(2) Any person who takes part in or assists in any violation of this section shall also be subject to the penalties provided herein. Each day that a violation of this section is committed or permitted to exist shall constitute a separate offense.

(3) Additionally, should any person or organization not leave the premises used in a clean, safe and orderly manner, in the opinion of the Director of Youth, Recreation and Parks, said person shall be denied the right to use or reserve use of any city facility for a period of one year.

§ 63-13 Concessions.

A. It shall be unlawful for the operator of any concession, whether it is a stand-type or mobile concession, to be in any city-owned park or recreation area, except that a concession shall be permitted at a function sponsored or co-sponsored by the City of North Tonawanda or any of its agencies or affiliated organizations, which concession is open to the general public.

B. The city sponsoring agency or affiliated organization are all subject to written permission by the Director of Youth, Recreation and Parks and a permit from the Mayor.

C. Penalty for the unlawful concession shall be as provided in § 63-14 of this chapter.

§ 63-14 Trespass on private property.

[Amended 5-28-2019]

No person shall trespass upon private real property which is located in the City of North Tonawanda without the landowner's express permission.

§ 63-15 Penalties for offenses.

[Added 5-28-2019]

Any violation by a person, firm or corporation of any provision of this chapter shall be subject to a fine not to exceed $250 for each offense or imprisonment for not more than 15 days for each offense, or both such fine and imprisonment. Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein. Each day that a violation of this chapter is committed or is permitted to exist shall constitute a separate offense.