Town of Gates, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Gates 8-30-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation Department — See Ch. 47.
Conservation, recreation and drainage easements — See Ch. 79.
Tents and awnings — See Ch. 172.

§ 134-1 Title.

[Amended 4-5-2010 by L.L. No. 1-2010[1]]
This chapter shall be known as the "Recreation and Parks Ordinance of the Town of Gates."
[1]
Editor's Note: This local law also changed the title of this chapter from "Parks and Recreation" to "Recreation and Parks."

§ 134-2 Purpose.

The purpose of this chapter shall be to preserve the public peace and good order in areas owned, leased or otherwise controlled by the Town of Gates and designated or operated as public parks or recreation areas and to contribute to the safety and enjoyment of the users thereof by regulating the hours of use, by regulating the use of motorized vehicles and by prohibiting certain activities inimical to customary parks and recreation uses.

§ 134-3 Regulations.

A. 
Unless otherwise provided by resolution of the Town Board, Town parks and recreation areas will be open to the general public from 8:00 a.m. to 10:00 p.m. each day. These hours are subject to change at the discretion of the Recreation and Parks Director. Except as herein provided, entrance to or occupancy of any such park or recreation area is prohibited The Town Board or its designee may allow the use of such areas at times other than those herein specified upon application to said Board and issuance of a permit for such use.
[Amended 2-5-1996 by L.L. No. 1-1996; 4-5-2010 by L.L. No. 1-2010]
B. 
Activities sponsored by or conducted by the Recreation and Parks Commission of the Town of Gates shall not be subject to the time limitation herein specified.
[Amended 4-5-2010 by L.L. No. 1-2010]
C. 
All organizations and their associated persons using the town parks must provide a certificate of liability insurance naming the Town of Gates as an additional insured regarding injuries and/or claims arising from use of the town parks in order to obtain a facilities permit.
[Added 2-5-1996 by L.L. No. 1-1996]
D. 
Any person or organization intending to erect a tent or canopy eight feet by eight feet or larger must obtain a tent permit from the Gates Town Board pursuant to Chapter 172 of the Gates Town Code.
[Added 2-5-1996 by L.L. No. 1-1996]
E. 
Any organizations and their associated persons intending to provide, distribute, sell and/or consume alcoholic beverages in the town parks must have a facilities permit, including an endorsement allowing the introduction of alcohol to the parks and, if applicable, a permit from the New York State Liquor Authority.
[Added 2-5-1996 by L.L. No. 1-1996]

§ 134-4 Prohibited acts.

[Amended 7-7-1987; 2-5-1996 by L.L. No. 1-1996; 4-5-2010 by L.L. No. 1-2010]
The following acts or activities are prohibited and no person shall:
A. 
Operate any motorized vehicle, such as an automobile, all-terrain vehicle, minibike, motorcycle, snowmobile and the like, within the area of the park lands; provided however, that the operation of licensed vehicles for the transportation of the public to and from the park lands is permitted within designated roadways, and the parking of such vehicles is also permitted within designated parking areas.
B. 
Drive or park on grass areas. Vehicles must be parked in designated parking lots unless permitted by the Recreation and Parks Director or his/her designee.
C. 
Discharge any firearm, spring gun or air gun, paint ball gun, BB gun, slingshot, crossbow or bow and arrow or carry any concealed weapons considered to be dangerous within the park areas.
D. 
Injure, deface or disturb any part of the park or any building, sign, equipment or any other property therein or remove, injure or destroy any tree, flower, shrub, rock or mineral therein.
E. 
Set fire or assist others to set fire to any timber, trees, shrubs, grass, leaves, shelters, buildings, equipment or any other combustible material or suffer any fire upon other lands to extend onto any part of any park. Fires within Town fireplaces and stationary or portable grills are permitted within the park but must be completely extinguished after use. Fireworks of any type are not allowed in the parks unless sponsored by the Town of Gates.
F. 
Throw, cast, lay, drop, discharge, deposit, bring into or leave in any part of the park land any garbage, containers for food or liquids, other waste or other obnoxious material otherwise than in containers provided for such purpose. No glass containers are allowed.
G. 
Drive or propel, or cause to be driven, any permitted vehicle at a rate of speed greater than that speed so designated.
H. 
Use unreasonably loud or obscene language, fight, perform acts intended to cause public inconvenience, annoyance or alarm, or interfere with any officer of the Town, county or state in the performance of his or her duty; infringe on the parties of permit holders for shelters, shelter overhangs or pavilions.
I. 
Under the age of 21 years, unless accompanied by a parent or guardian, possess, transport or bring into any Town park or recreation area any alcoholic beverage or beer as such terms are defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
J. 
Under the age of 21 years, consume any alcoholic beverage or beer in any Town park or recreation area.
K. 
Become or be in an intoxicated condition while in any Town park or recreation area.
L. 
Introduce into any Town park a dog, cat or other household pet or any other animal which may be injurious or destructive to birds, fish, animals or other wildlife, plant life or other natural features within a park or which may be dangerous, injurious or offensive to users of a park, except that dogs and cats shall be permitted in certain areas within a park if controlled by a leash. Under no circumstances may horses be permitted within any Town park, except upon the approval of the Director of Recreation and Parks. Pet owners must clean up after pets that are brought into the parks.
M. 
Cause or allow the overnight parking or storage of automobiles, motorcycles, boats, recreational vehicles, etc., within any Town park.
N. 
Swim, wade in water or bring any boat or flotation device into any body of water within any Town park.
O. 
Cause or permit live bands or disc jockeys to perform in any Town park without the prior approval of the Director of the Recreation and Parks Department.
P. 
Hit, strike, drive or chip golf balls on park lands.
Q. 
Trespass in parks when they are closed.

§ 134-5 Exceptions.

[Amended 4-5-2010 by L.L. No. 1-2010]
A. 
The prohibitions contained in § 134-4 shall not apply to:
(1) 
Members of authorized law enforcement agencies, members of the Recreation and Parks Commission, or the agents and employees of said Commission, while in the performance of their duties.
(2) 
Recreational activities sponsored conducted or authorized by the Recreation and Parks Commission of the Town of Gates.
B. 
Areas within such parks or recreation areas which are so designated may be used for otherwise prohibited activities. If any such areas, such as minibike trails, snowmobile trails, etc., are so designated they shall be conspicuously posted by signs or otherwise.

§ 134-6 Administration.

The Town Board or its designee is charged with the administration of this chapter.

§ 134-7 Enforcement.

A. 
Members of the Gates Police, State Police, Monroe County Sheriff's Department or any other peace officer shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Ejectment. Members of the Gates Police, State Police, Monroe County Sheriffs Department or other peace officers, Special Police, the Recreation and Parks Director and/or designated Town personnel shall have the authority to eject from parklands any person acting in violation of this chapter.
[Amended 4-5-2010 by L.L. No. 1-2010]

§ 134-8 Penalties for offenses.

[Amended 2-5-1996 by L.L. No. 1-1996]
A. 
Violations of any provisions or regulations of this chapter shall be punishable by a fine of not less than $100 and not greater than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each violation.
[Amended 9-7-1999 by L.L. No. 2-1999]
B. 
Any person convicted of a violation as set forth in this chapter shall be subject to the provisions of § 65.10 of the New York State Penal Law and § 758-a of the New York State Family Court Act relative to the making of restitution, reparation for loss or damages and the performing of services for a public agency or for the public good, which, in such case, shall include appropriate services for the Recreation and Parks Department of the Town of Gates.
C. 
Parents or legal guardians of infants over 10 and less than 18 years of age shall be liable for damages or destruction caused in town parks by such infants, up to the sum of $5,000, pursuant to the provisions of § 3-112 of the New York State General Obligations Law.
[Amended 4-5-2010 by L.L. No. 1-2010]
D. 
In addition to any penalties described herein, any persons causing damage to park property, real or personal, shall be liable to the Town of Gates for such damage in a civil action.
E. 
Persons may be banned from use of Town parks by the Recreation and Parks Director for a time period to be determined by the Recreation and Parks Director or his/her designee. Banned individuals must petition in writing to the Recreation and Parks Director for return of park privileges.
[Added 4-5-2010 by L.L. No. 1-2010]

§ 134-9 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ORGANIZATIONS
Any business, corporation, partnership, association, school, church, benevolent order or any other group, whether created by statute, contract or by informal arrangement.
[Added 2-5-1996 by L.L. No. 1-1996]
PARKS
The grounds, buildings thereon, waters therein and any other property necessary for the operation thereof and constituting a part thereof which is now or may thereafter be maintained or operated and controlled by the Town of Gates and shall include recreation areas and playgrounds.