[HISTORY: Adopted by the Town Board of the
Town of Victor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-12-2014 by L.L. No. 4-2014[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Rules and Regulations, adopted 9-9-1985 by L.L. No. 2-1985
This article shall apply to those lands owned by and under the
control and supervision of the Town of Victor which are dedicated
or otherwise devoted to active or passive recreation. The use of the
terms "park" and "trail" in this article shall mean and include all
parks and trails presently or heretofore operated within the Town
of Victor.
Parks and trails shall be open to the public every day of the
year from dawn until dusk. The hours of parks that include year-round
lodges and restrooms may be adjusted upon express permission of the
Town of Victor Department of Parks and Recreation as necessary to
accommodate facility reservations and Department of Parks and Recreation
sponsored activities.
All vehicles shall be parked only upon clearly marked designated
areas, and at no time shall any vehicle be operated in the park at
a speed greater than 15 miles per hour.
There shall be no willful damage or destruction of parks or
trails property, whether such property is man-made or naturally occurring.
No person shall willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, landscaping, trees,
plants, tables, benches, fireplaces, railings, pavings or paving materials,
waterlines or other public utilities or parts or appurtenances thereof,
signs, notices, monuments, stakes, posts or other boundary markers
or other structures or equipment, facilities or park or trails property
or appurtenances whatsoever, either real or personal.
Fires are restricted to those receptacles in parks furnished
for general public use. Any other open fire is forbidden at any time.
No person shall leave a park before a fire is completely extinguished.
Firearms, including any type of weapon, fireworks, explosives
and dangerous instruments (as defined by the Penal Law) are forbidden
within parks and trails at all times.
[Amended 9-12-2022 by L.L. No. 4-2022]
Domestic animals, including dogs and cats, must be on a leash or leashed. Horses are not allowed in parks or on trails at any time. Dogs must be in compliance with the Town of Victor Dog Code at Chapter 90 of the Victor Town Code.
A.
Alcoholic beverages shall not be permitted in any public parks or
on any public trails in the Town of Victor except in relation to a
special event coordinated with the Town of Victor Department of Parks
and Recreation, which has specifically been permitted by the Town
Board via an approved resolution and which is further permitted by
the issuance of a limited permission alcoholic beverage permit. Such
limited permission alcoholic beverage permit shall be approved by
the Town Board and issued by the Department of Parks and Recreation.
B.
Such approved special event may take place at a specified park and/or
trail at a specified time, wherein alcohol may be provided by a vendor,
approved by the Town, which vendor must have a liquor license and
liquor liability insurance. In relation to such special event, alcohol
may only be sold, procured, possessed and consumed in accordance with
law. The Town shall have no liability or responsibility concerning
alcohol in relation to such event(s) and shall be indemnified by the
vendor with regard to any such liability.
Littering is prohibited, and all refuse shall be deposited in
receptacles placed at intervals within parks and trails.
No person shall hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw objects or projectiles at any animal,
wildlife, reptile or bird, nor shall be remove or have in his possession
the young of the wild animal or the eggs or nest or young of any reptile
or bird. Fishing activity in all man-made ponds shall be catch and
release. Fishing licenses must be obtained (as required) from New
York State.
No person shall set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park or trail after closing hours any movable structure
or vehicle used or that could be used for such purposes.
No person shall engage any disorderly conduct or behavior tending to breach the public peace. In this regard, no person shall play any musical instrument or sound device in a manner which would tend to annoy or disturb the peace and good order of the parks, trails or of the properties adjacent thereto. Furthermore, excessive noise shall be prohibited as set forth in Chapter 143 of the Victor Town Code, entitled "Noise."
Those persons within the boundaries of parks or trails, whether
using its facilities or not, are subject to the rules and regulations
contained herein and may be ejected from parks or trails in the event
that they violate any rule or regulation.
This article shall be enforced by any park or trail attendant
that may heretofore or hereafter be authorized to enforce this article
by the Town Board. This article shall be enforced by the Police Departments
having jurisdiction in the Town of Victor.
Any person committing an offense against any provision of this
article or any rule or regulation promulgated pursuant hereto shall,
upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against a provision
of this article shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
[Adopted 8-13-2012 by Res. No. 288-2012]
This article serves to outline the Town of Victor's policy and
procedures as they relate to background investigations for candidates
who wish to volunteer their time and services to assist with the Town
of Victor's parks and recreation programs.
This policy applies to all volunteers in the Parks and Recreation
Department, plus other positions deemed as sensitive in nature by
the Town Board.
A.
Any person wishing to volunteer his/her time and skills for programs
at the Town of Victor Parks and Recreation Department must submit
to a background check. A disclosure/release/authorization form will
be provided to the volunteer at least two weeks prior to the start
of the program.
B.
All volunteer applicants are required to inform the Town of Victor
if they have been convicted of any violation of law other than a minor
traffic violation or if they have ever been removed from any type
of employment. If an applicant discloses the existence of a conviction,
he/she may provide the Town of Victor with a written explanation of
the circumstances which led to the conviction, including the nature
of the incident, the penalty imposed, the length of time elapsed since
the conviction, his/her age at the time of the offense and any rehabilitative
efforts undertaken. This also provides the Town of Victor with consent
to further investigate the applicant's background.
C.
Background checks will be conducted from the Human Resources Department
by a contracted agency that will search for criminal records, sex
offender status, and social traces. Credit checks will be done only
for those wishing to volunteer in a role that includes financial transactions.
D.
Criminal history record information (CHRI).
(1)
The results of the background investigation (CHRI) will be received
by the Human Resources office.
(2)
If the background investigation indicates that there are no convictions,
the Human Resources office will inform the Parks and Recreation Director
and the Parks and Recreation supervisors that the candidate is suitable
for volunteer status.
(3)
If the background investigation indicates that there are convictions,
the Human Resources office will forward the CHRI to the Town Supervisor
for review.
(4)
Access to the results of the background investigation, associated
paperwork, etc., shall be limited to the Human Resources Department
and the Victor Town Board and/or their designees.
E.
The Human Resources Department will notify the Parks and Recreation
Director and supervisors of the CHRI results for each volunteer prior
to the start of the program. People wishing to volunteer will be allowed
to do so when they receive a clear background check. No individual
in a position deemed to be sensitive by the Town Board may begin volunteer
work for the Town of Victor until the preemployment background investigation
is completed, as the investigation may disclose information that may
disqualify the candidate from further consideration. Special circumstances
may on occasion require an applicant to start work before all pre-employment
background investigations are completed. Such exceptions may only
occur with prior written approval from the Town Supervisor.
F.
Background checks yielding criminal records and/or sex offender flags
will be reviewed by the Town Supervisor, Town Attorney, and Director
of Parks and Recreation in order to render a decision, and they will
weigh the relevance of the information to the duties to be performed.
Prior convictions may be a significant factor in the decision if the
conviction has a direct relationship to the specific employment sought
or if the employment would involve an unreasonable risk to property
or to the safety or welfare of the general public or specific individuals.
The Town of Victor will follow New York State Correction Law, Article
23-A, § 753, to determine if a candidate with a conviction
is unsuitable for volunteering.
G.
Volunteerism decision.
(1)
The Human Resources office will notify the Town Supervisor of the
outcome of the CHRI review, indicating whether or not the candidate
is suitable for employment.
(a)
If the candidate is suitable for volunteerism, the Town Supervisor/Human
Resources office will inform the individual department via e-mail
to proceed with the volunteering process. CHRI will not be disclosed
to the hiring department.
(b)
If the candidate is not suitable for volunteerism, the Human
Resources office/Town Supervisor will inform the Parks and Recreation
Department that a letter is being sent to the candidate refusing his/her
offer of volunteerism due to the results of the background investigation.
(2)
At the written request of a candidate who is denied volunteering
his/her time and skills, the Town of Victor shall provide a written
statement to the candidate within 30 days regarding the reasons for
the denial (New York State Corrections Law, Article 23-A, § 754).
H.
Records retention and access. Information attained from the reference
and background check process will only be used as part of the volunteerism
process and will be kept strictly confidential. The Human Resources
Department will maintain a log that will include the position applied
for, the applicant's name, and the date of the background check. Only
appropriate Human Resources Department personnel at the Town of Victor
will have access to this information.
