[Adopted 1-2-2004 by L.L. No. 1-2004]
In enacting this article the Town of Niagara Town Board supports the following statutory purposes. The Town of Niagara encourages the use and enjoyment of the Community Center Park and all Town parks by the public to promote and enhance the well-being of each individual. The use of the parks by the public may also, if not controlled, endanger the safety of others and may deny them opportunity of enjoying the park(s). Therefore, to enhance and promote the safety and enjoyment of each individual, the following rules and regulations are established to govern the conduct of the public.
A. 
Permits for the use of any designated picnic, athletic area or facility may be granted by the Town Parks Director or by such other person designated by the Town Board. Permits and applications shall be available at the Town Clerk's office and may be made up to one year in advance. Cancellations made 30 days or less prior to the activity will result in application and permit fees being forfeited.
B. 
Any person, firm or corporation issued a permit assumes all liability and responsibility for any activity conducted under the authority of the permit or any actions resulting from activities authorized by the permit. The permit may not be transferred unless and except as provided in the permit.
C. 
The request for the permit must be accompanied by the permit fees, if any, and by any other documents which may be required as a condition of the permit, such as a certificate of insurance and a copy of not-for-profit [501(c)] status if applicable.
D. 
In any case where the permit holder or employee shall have been found to have violated a condition of the permit, the permittee or person attending who has violated shall be held liable for any damages or loss suffered by the Town.
E. 
No person shall interfere with any person or party occupying a picnic area under the authority of the permit.
F. 
The Town Board shall set a schedule of fees, attached hereto as Schedule A (permit forms),[1] by separate resolution, from time to time, upon the recommendation of the Commission and Director. If the request for a permit has been denied, the Town will notify the applicant of its reasons why it was not issued. Permit fees will be returned to the applicant. A permit may not be issued for any of the following reasons:
(1) 
Another activity or use has been scheduled for the same time.
(2) 
The proposed activity or use cannot be accommodated with safety for all park patrons or may result in damage to the park, athletic field, or facility or otherwise endanger Town property or the public order.
(3) 
Conditions of the permit have not been met by the applicant, or there has been past abuse or violation of this article.
(4) 
The proposed activity or use would require the Town to expend additional funds to provide for supervisory, maintenance or law enforcement personnel, equipment or services.
(5) 
In the judgment of the Director of Recreation, the use is not in the best interest of the Town or its residents.
[1]
Editor's Note: Schedule A, Permit Forms, is on file in the Town Clerk's office.
Permits are not available on all scheduled Town, state, federal, or county holidays for the Community Center, which shall be those official holidays recognized by the State of New York.
A. 
Advertising. No person shall post, paint, affix, distribute, hand out, deliver, place, or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement, display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes on any structure, tree or rock at any place within a Town park.
B. 
Solicitation of alms or contributions. No person shall solicit or request contributions for any purpose without direct permission from the Parks Commission.
C. 
Sales of merchandise. No person shall sell, or offer for sale, any merchandise except under a written agreement with the Parks Commission and then only at the place and time designated and upon terms approved by the Town Board.
D. 
Meetings, exhibitions and parades. No person, without a written permit by the Parks Commission, shall erect any structure, tent, stand or platform; or perform any ceremony, conduct any form of entertainment, performance or motion picture for commercial or noncommercial purpose(s) without a permit.
E. 
Parking. No parking will be permitted except in designated areas; loading and unloading shall be accomplished in designated areas only.
F. 
Noise.
(1) 
No person shall play any radio, compact disc, tape player or any musical instrument at any time at such a volume as to disturb another person or party.
(2) 
No person shall cause or permit any loud or disturbing talking, shouting, singing, music or other noise to be made of such intensity as to annoy or disturb another person or party or adjoining residents.
G. 
Littering.
(1) 
No person shall deposit, dump, throw or place any refuse, earth, rubbish, dust or similar material in or upon any part of the park except in such receptacles as are provided.
(2) 
No person shall, in any manner, place any sewage, garbage, trash, litter, debris, object or waste materials in any pond, waterway, or creek adjoining any park.
H. 
Wildlife.
(1) 
No person shall permit any animal owned by him or her, in his or her custody, or under his or her control or ownership to run at large in any Town park. Dogs, when restrained by a leash not exceeding six feet in length, are allowed. However, the Parks Commission may issue a waiver for horse-driven carriages for a special event(s). The waiver will lapse at the conclusion of the event.
(2) 
No person shall kill, wound, trap, hunt, take, shoot, harass, remove or have in his or her possession any animal, bird, bird's nest or squirrel's nest, or remove the eggs or young of any such bird or animal, within any Town park.
I. 
Camping. No person shall camp in the park; however, the Parks Commission may waive this restriction for special events, upon conditions set forth in the permit The waiver will lapse upon conclusion of the event.
J. 
Location of picnics. No person shall hold a picnic in the park except in designated areas.
K. 
Consumption of alcoholic beverages. No person shall consume or possess any alcoholic beverage or any open container of alcoholic beverage in any vehicle parked on any roadway or parking lot or within 200 feet of any playground, ball diamond and in any other area of the park or buildings except in designated picnic areas or as set forth in a permit.
L. 
Building of fires. No person shall kindle, build or maintain or use any fire except at such times and places provided for such purpose by the Town; fires shall be continuously under the care and direction of a competent person over the age of 18 years from the time kindled until they are extinguished.
M. 
Explosives and fireworks. No person shall bring into or possess in a park any explosives or fireworks, including any substance having properties that may decompose suddenly or generate sufficient heat, gas, or pressure to produce a rapid flaming combustion.
N. 
Weapons.
(1) 
No person shall have or carry, whether or not concealed upon his or her person, any instrument or weapon in which blank cartridges or ammunition may be used. No person shall take into the parks or have in his or her possession any rifle, shotgun, air gun, spring gun, paint gun, muzzle-loading gun or other instrument or weapon in which the propelling force is a springair or CO2 capsule.
(2) 
No person shall use bows and arrows within the confines of the park(s).
O. 
Loitering. No person shall, between dusk and sunrise, remain, stay or loiter within the park, any park roadway or parking lot. However, the Parks Commission may waive the above-listed time frame for temporary, special events as set forth in the permit. The waiver will lapse upon conclusion of the event.
A. 
Swimming, diving or wading. No person shall swim, wade or dive in a park pond or creek or walk upon the frozen surface thereof.
B. 
Toy or model rockets, aircraft or boats. No person shall use a toy or model rocket, aircraft or boat within the confines of the park or upon any pond or waterway therein.
C. 
Park trees, shrubs and structures. No person shall climb any tree or pick any flowers or fruit or break, cut down, trample upon, remove or in any manner injure or deface any tree, shrub or any building, fence or structure or any other property within the park.
D. 
Skating, sleighing and coasting. No person shall use any roller skates, roller blades, skateboards; or sled or walk on any surface or use a sled, coast with vehicles on wheels or runners except at such places and at such times as designated by the Town Park Commission.
E. 
All-terrain vehicles. All-terrain vehicles or any motorized vehicles or similar type vehicles designated for operation primarily on or off-highway trails and competitions are prohibited.
F. 
Snowmobiles and skidoos. Snowmobiles, skidoos or any such mechanized motor-driven sled or vehicles on runners are prohibited.
G. 
Aviation. No person, except in an emergency, shall bring, land or cause to descend within or upon the park any airplane, flying machine, balloon, kite, parachute or other apparatus for aviation. The Town Parks Commission may waive this restriction for a special event, The waiver will lapse at the conclusion of the event.
H. 
Golf. The hitting of golf balls within the confines of the park is prohibited.
I. 
Gambling. Gambling, lotteries and games of chance are prohibited.
J. 
Conduct of games. All games of any description must be conducted in a safe and orderly manner, and no dangerous practices shall be allowed. No person shall play games for which the Town Board has required a permit or fixed a fee without first obtaining such permit or paying a fee.
K. 
Metal detectors. The use or operation of a metal detector or other mechanical device to locate buried or concealed metal shall be allowed only in designated areas.
L. 
Bicycling. No person shall operate a bicycle within the limits of the park unless (s)he shall wear a protective helmet. Such a helmet must be equipped with either a neck or chin strap and be American National Standards Institute (ANSI) approved.
M. 
Inflatable objects. Only permit holders are allowed to erect an inflatable object for a specific activity. The applicant must apply and receive a permit for the activity. The permit will expire at the conclusion of the event.
N. 
Fishing. All those individuals above the age of 16 must have a valid fishing license. Rules and regulations will comply with the New York State General Angling Regulations.
O. 
Tents. Those individuals requesting to construct a tent or any structure, whether temporary or permanent, as part of an activity within the confines of the park must first obtain a permit from the Parks Commission. The permit will expire at the conclusion of the activity. Tents shall not exceed 12 feet by 17 feet and are restricted to areas within 100 feet of gazebos or shelters, and 200 feet from residential property and soccer and baseball fields.
P. 
Traffic. No commercial vehicle(s), trailers, or vendors will be allowed in the park or park approach except to make deliveries in the park or as otherwise authorized by the Parks Commission or upon terms set forth by the Town Board. No person shall use the park drives for the purpose of instructing another to drive or operate any vehicle, or for learning to drive or operate any vehicle. No person shall cause or permit a vehicle in tow of another vehicle to enter the park except in case of a breakdown. In that case, a disabled vehicle may be towed to the nearest exit.
A. 
Any person, firm or corporation committing an offense against any provision of this article shall be guilty of a violation punishable as follow: by imprisonment for a term not exceeding 15 days or by a fine of a minimum of $250 but not exceeding $500, or both. The continuation of an offense is considered, a separate and distinct offense hereunder.
B. 
In the event that a firm, person or corporation is found by the Town Recreation Committee or Director to have violated this article or the directive or permits issued by the past Director or Committee, then the right of any such individual, firm or corporation to use a park or any facility therein shall expire.