[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 (Ch. 110, Arts. I and IV, of the 1976 Code); amended in its entirety 7-12-2006 by L.L. No. 2-2006. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Recreation and Parks Law of the Town of Perinton."
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any beverage containing any amount of alcohol.
- COMMISSIONER OF RECREATION AND PARKS
- Where named in the following sections of this chapter, the responsibility or function of the Commissioner of Recreation and Parks may be performed by the Commissioner or the Commissioner's duly named representative or designee, to include but not limited to the Director of Recreation and the Director of Parks.
- Play for value against an uncertain event in the hope of gaining something of value.
- Includes a park or any other area owned or used by the Village of Fairport or the Town of Perinton and devoted to active or passive recreation under the jurisdiction and control of the Town of Perinton Recreation and Parks Department.
- Any written license issued by or under the authority of the Town of Perinton Recreation and Parks Department authorizing the use or occupancy of a specified property or facility, performance of a specified act or acts or the conduct of a particular function, program or activity.
- Any natural person, corporation, company, association, joint-stock association, firm, co-partnership or other entity or form of association.
- UNREASONABLE NOISE
- Noticeable unpleasant sound beyond bounds of reason or moderation.
- Any vehicle propelled by power other than muscular power.
The following acts are prohibited and subject to a violation unless otherwise noted. If an activity requires special permission, such permission must be obtained in advance and in writing from the Commissioner of Recreation and Parks. No person shall:
Injure, disturb, befoul, write, paint, mark, carve or otherwise deface any part of a park, including a tree, bench, building, structure, sign, equipment or other property therein.
Remove, injure or destroy any tree, flower, shrub, rock or other mineral found therein. Express permission is required to make landscape modifications or alterations.
Interfere with any lamp, lamppost or electric light apparatus or extinguish the light therein except upon proper authority.
Set fire or assist another to set fire to any structure, timber, trees, shrubs, grass, leaves, growth or any other combustible material or suffer any fire upon other land to extend onto any part of the park.
Bring into, leave behind or dump any material of any kind in the park except the refuse, ashes, garbage and other material of a picnic, recreation activity, or other permitted activity, and such material shall be deposited in receptacles or pits provided for such purposes. Refuse is not to be dropped, thrown or scattered on park property. Tin cans, bottles or other glassware or metallic substances containing sharp edges shall be deposited in park receptacles. Recycling is encouraged wherever possible.
Either within or outside of the park, discharge into, throw, cast, lay, drop or leave in any river, brook, stream, storm sewer or drain flowing into or through said park, any substance, matter or thing, either liquid or solid, which may or shall result in the pollution of said river, brook or stream within the park, interfere with the conservation of the natural resources of said park or endanger the health of visitors in said park.
Drive or propel or cause to be driven or propelled along or over any road within the park any vehicle at a greater rate of speed than 20 miles per hour. It shall be the duty of every person operating a motor vehicle, motorcycle, or other motorized vehicle within a park and parkway to comply with the New York State Vehicle and Traffic Law, the applicable traffic ordinances of the Town of Perinton and Village of Fairport; and with all orders, directions and regulations issued by traffic officers or officially displayed on any post, standard sign, sign or device installed for the regulation of traffic.
Park or store any motorcar, motorcycle, snowmobile, bicycle, wagon or other vehicle within the park except in places designated for such purposes; park or operate any such vehicle in the park after dark without lights; or park any such vehicle in the park after 10:00 p.m. (during the hours of darkness) in areas other than those designated for such purpose.
Gamble in the park or bring into the park or have in their possession while in the park any implement or device commonly used or intended to be used for gambling purposes.
Bring into, have or keep in any park designated by the Town Board any dog or other pet or domesticated animal unless the same is on a leash or in a cage, or allow such animal to soil, defile or defecate in the park unless the person in control of such animal immediately removes, in a sanitary manner, all feces deposited by such animal.
Use loud, boisterous, abusive language.
Make, continue, cause, or permit to be made or continued any unreasonable noise in a park; use excessive or unreasonable amplified sound, including music.
No person with the intent to cause public inconvenience, annoyance, or alarm or recklessly creating a risk thereof shall:
Engage in fighting or violent, tumultuous or threatening behavior while in a park.
Use abusive, obscene, or indecent language or make an obscene gesture or threaten or interfere with any officer of the park, village, Town, county or state in the performance of his or her duty.
Endanger the life, limb or property of the other visitors to the park.
Without lawful authority, disturb any lawful assembly or meeting of persons in a park.
Congregate with other persons in a public place and refuse to comply with a lawful order of a law enforcement officer, or the Commissioner of Recreation and Parks, to disperse or leave the park.
Obstruct vehicular or pedestrian traffic in a park.
Create a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Be suggestive of immoral acts.
Be offensive or injurious to the morals of any person visiting the park.
Introduce or carry any firecrackers or fireworks without written special permission.
Throw, cast, kick or strike any baseball, golf ball, football, basketball or other object except in places designated therefor.
Engage in, instigate, aid or encourage a contention or fight, whether or not a ring or prize fight.
Loiter or remain within the park or any part thereof in a vehicle or otherwise after the posted closing hours at such park without general or special permission.
Operate a snowmobile, motor bike, all-terrain vehicle (ATV) or any other motorized vehicle on any owned or leased Town property, park, trail, right-of-way or bikeway, except that snowmobiles shall be allowed to operate on the abandoned RS&E trolley bed, also known as "Trolley Trail" or "Perinton Hike-Bike Way." A snow-grooming machine may be allowed with special permission. Only vehicles which are licensed for highway use may operate on Town roads and park roadways and parking areas, unless otherwise posted and permitted. Exceptions may be made for golf carts and motorized support vehicles approved for special events.
Skateboard, roller-blade or roller-skate on the pavement and sidewalks contiguous to the main enclosed building in Perinton Park and on the traffic loop in front of the main enclosed building in Perinton Park, or other designated areas posted by signage.
Discharge a firearm, bow or other hunting device without written permission from the Commissioner of Recreation and Parks.
No person except a law enforcement officer or duly appointed animal control officer shall carry, fire or discharge any firearm, bottle rocket or firework of any description, bow or arrow in a park. No person except a law enforcement officer or duly appointed animal control officer shall carry any firearm, switchblade, gravity knife, slingshot or other dangerous weapon as defined in §§ 265.00 and 265.01 of the New York State Penal Law, concealed on or about his or her person while in a park. No person except a law enforcement officer or duly appointed animal control officer shall hunt with a weapon, set a trap, or discharge a firearm, bow or other hunting device within a park without written permission from the Commissioner of Recreation and Parks. A violation of this subsection shall constitute a misdemeanor.
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from 8:00 a.m. to 10:00 p.m., unless otherwise designated by the Department. Seasonal parking lots may be closed and gated shut during winter months. Vehicles are prohibited in the parking area when gates are closed.
Alcoholic beverages. The consumption of alcoholic beverages and the bringing of such items into the parks are permitted under the following conditions:
All persons possessing and consuming alcohol must be of a legal drinking age. No person shall become intoxicated. No person shall bring into or drink any alcoholic beverages in any park, except in such areas as designated by the Commissioner. Beer may be brought into the parks for consumption at private parties, family gatherings or picnics but may not be dispensed or displayed at temporary bars or from kegs or other bulk dispensing units unless written permission is obtained from the Commissioner.
Drinking alcoholic beverages or possessing open alcoholic beverage containers is prohibited in the parking lots and rights-of-way within any park.
Alcoholic beverages may not be sold without permission from the Department and without the proper permits in place.
Permits to use parks (other than scheduled Recreation and Parks Department activities).
Any group or individual seeking to reserve a park, park building or shelter, or park amenity for exclusive use shall apply for a permit at least 21 days prior to the day requested. The person signing the permit application and taking responsibility must be 21 years of age or older.
Applications shall be filed with the Commissioner of Recreation and Parks and shall answer questions seeking such information as may reasonably be necessary for a fair determination as to whether or not a permit should be issued.
The Commissioner shall issue a permit when he or she finds that:
The applicant has submitted a completed and valid application and paid the required fees and security fees if applicable in full.
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public's enjoyment of the park.
The proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
The proposed activity will not entail unusual, extraordinary or burdensome expense or police/security operation.
The facilities desired have not been reserved for other use on the day and at the hour requested in the application nor determined to conflict with existing scheduled activities.
A deposit may be required as security against damage to the park or park facilities. This deposit may be required at the discretion of the Commissioner in an amount to be determined by the Commissioner in view of the circumstances of the application. The deposit may be nonrefundable if damage occurs in the park or facility.
Liability insurance (in an amount determined by the Town) may be required by the Department for permittee using the park facilities.
If the application for the park or facility use is not approved by the Commissioner within seven days of submittal, the Commissioner shall apprise the applicant in writing of the reason for declining a permit. Any aggrieved applicant shall have the right to appeal, in writing, within 10 days to the Perinton Town Board, which shall consider the application under the standards set forth herein and sustain or overrule the Commissioner's decision within 14 days. The decision of the Town Board shall be final.
Large-scale activities that impact areas outside the park facility may require Zoning Board review or review by other Town of Perinton or Village of Fairport departments or agencies.
Effect of a permit.
A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permit. A complete listing of the rules in the Town Code is available in writing from the Perinton Recreation and Parks office or the Town's official web site.
The permit shall cover use of the described site only and shall not include permission to use any other area or facility.
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of negligence of the person or persons to whom such permit has been issued. The permittee shall also be responsible for any damage done to any affected physical properties under the jurisdiction of the Town of Perinton and included in the permit.
The Commissioner shall have the authority to revoke a permit upon a finding of a violation of any rule or ordinance or upon good cause shown. No refund is given in case of a revocation of the permit.
Commercial activities. No person or company shall solicit or engage in any business, trade, commercial transaction or other activity within a park involving the sale of merchandise or services for which any fee, payment, donation or other consideration is required or requested except for duly authorized concession agreements or other agreements for park purposes which shall have been approved or authorized by the Perinton Recreation and Parks Department and Town Supervisor.
Vending. Vending in the park may be allowed by applying for and receiving written permission from the Commissioner of Recreation and Parks. Vendors must meet all applicable state, county and local codes and ordinances.
Parental responsibility. No parents, guardians, or custodians of any minor shall permit or allow him or her to do any act which may constitute a violation of the park codes. Parents or legal guardians of infants over 10 and less than 18 years of age shall be liable for damages or destruction caused in the parks by such infants up to the sum of the determined damages.
The Commissioner of Recreation and Parks, or deputies duly appointed by said Commissioner, or any duly authorized law enforcement officer shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
Ejection. The Commissioner of Recreation and Parks, or any duly authorized law enforcement officer, shall have the authority to eject from the park any person acting in violation of this chapter.
Seizure of property. The Commissioner of Recreation and Parks, or any duly authorized law enforcement officer shall have the power to seize and confiscate any property, thing or device in the park or used in violation of this chapter.
Violation of any provision or regulation of this chapter (unless otherwise noted) shall be punishable as a violation or misdemeanor as described in the code above.
Any person convicted of a violation, as set forth in the chapter, shall be subject to a fine and/or imprisonment as follows:
First offense, a fine of not less than $50 nor more than $250 and/or imprisonment not to exceed 15 days.
Second offense, a fine of not less than $250 nor more than $500 and/or imprisonment not to exceed 15 days.
Third offense, a fine of not less than $500 nor more than $750 and/or imprisonment not to exceed 30 days.
Any person convicted of a misdemeanor, as set forth in this chapter, shall be subject to a fine of not less than $500 nor more than $1,000 and/or imprisonment not to exceed thirty 30 days.
Restitution and reparations. Any person convicted of a violation or misdemeanor is subject to providing full restitution and reparations.
In addition to all other remedies, the Town Board and the Recreation and Parks Department may also enforce obedience to this chapter by injunction.
The Town Board may from time to time amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Town Law and the General Municipal Law applicable thereto.