Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webster 7-8-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Department of Parks and Recreation — See Ch. 50.
Subdivision fees for park and recreation purposes — See Ch. 121, Art. I.
Vehicles and traffic — See Ch. 210.

§ 156-1 Title.

This chapter shall be known as the "Parks Ordinance for the Town of Webster."

§ 156-2 Purpose.

The purpose of this chapter shall be to preserve the public peace and good order on lands operated as public parks by the Town of Webster and to contribute to the safety and enjoyment of the users of such parkland by regulating the hours of use and the use of motorized vehicles and by prohibiting certain activities inimical to customary park recreation use.

§ 156-3 Administration; jurisdiction.

A. 
The Parks and Recreation Department of the Town of Webster is charged with the administration of this chapter and the posting of signs designating parklands within the Town of Webster.
B. 
The rules and regulations set forth herein shall apply to and be in effect in all parks under the control, supervision and jurisdiction of the Department of Recreation of the Town of Webster.

§ 156-4 Definitions.

For the purpose of this chapter, terms used herein are defined as follows:
DIRECTOR
The Director of the Department of Parks and Recreation of the Town of Webster or his duly authorized agents.
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 hereafter will be maintained, operated and controlled by the Town of Webster for public park purposes.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
SWIMMING AREA
Pools or beaches within a park and pools not within a park when being operated or used for the public by the Department of Parks and Recreation of the Town of Webster.
VEHICLE
Every device in, upon or by which a person or property is or may be transported.

§ 156-5 Hours.

No person shall be permitted to remain, stop or park within the confines of any park between the hours designated by the Town of Webster, except in an emergency or with special permit from the Director. In case of an emergency or when, in the judgment of the Director, the public interest demands it, any portion of a park may be closed to the public or to designated persons until permission is given to reopen. Nonobservance of this § 156-5 shall constitute a violation.

§ 156-6 Permits.

A. 
A permit must be obtained from the Director for the following uses and activities:
(1) 
The use of park lodges or pavilions.
(2) 
Picnicking on park grounds or the use of any playing fields or other park facilities by groups larger than 24 persons.
(3) 
Camping within a park, where allowed.
(4) 
Fishing.
(5) 
Vending of food and drink (including beer, but excluding other nonalcoholic beverages) by nonprofit service organizations.
(6) 
Those acts prohibited without a written permit as set forth in § 156-9 of this chapter.
B. 
Permits shall be issued by the Director at the Webster Town Hall, Webster, New York 14580.
C. 
All permit applicants must be 18 years of age or older, unless otherwise designated by the Director. All permits must be signed prior to use of a park facility or prior to the activities for which a permit is obtained. The signer of a permit shall be responsible for all damages to park facilities or contents thereof and shall agree to indemnify the Town of Webster for such damages.
D. 
All permits issued shall be in writing by the Director and shall be subject to park rules and regulations. A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the written terms and conditions thereof and not in violation of any law, ordinance or rule or regulation governing parks. Any violation of any term or condition thereof or any law or ordinance or rule or regulation governing parks shall constitute grounds for revocation of said permit by the Director, whose action therein shall be final. No permit for the same purpose shall be issued to those persons whose permit has been revoked during the year in which such revocation is made.
E. 
Upon obtaining a permit, the applicant shall pay a permit fee to the Town of Webster in an amount established by the Town Board of the Town of Webster. Such fee may vary according to the activity permitted and the facilities used.

§ 156-7 Park lodges and pavilions.

A. 
Park lodges and pavilions may only be used upon the obtaining of a permit as provided herein.
B. 
Rules and regulations particular to each park's lodge or pavilion shall be established by the Director and posted within such facility. Nonobservance of such rules and regulations shall constitute a violation.
C. 
Park lodges or pavilions may be made available for overnight use upon written permission of the Director.
D. 
All permits for park lodges and pavilions must be picked up at the Webster Town Hall at least 72 hours prior to use.
E. 
Use of units not already reserved may be arranged for with the Director or his authorized representative on a first come, first served basis, upon payment of a permit fee and issuance of a use slip within the park area.

§ 156-8 Camping.

A. 
Camping within parks is permitted only within designated areas and upon obtaining a permit.
B. 
When camping sites are made available within a park, rules and regulations particular to each site shall be established by the Director. Nonobservance of such camping rules and regulations shall constitute a violation.

§ 156-9 Acts requiring permit.

A. 
No person shall commit any of the following acts without a written permit from the Director:
(1) 
Post or display any sign, banner or advertisement of any kind within any park.
(2) 
Make any public speech, oration or harangue; hold any public meeting or engage in any marching, drilling or driving as a member of a military, political or other organization; conduct any funeral procession or vehicle containing the body of a deceased person; or use any loudspeaker or other sound-amplifying equipment.
(3) 
Picnic or cook in any area not designated by the Director for that purpose; or make or kindle any fire, except in places provided therefor, and then subject to such regulations as may be prescribed.
(4) 
Write, paint or carve on any tree, bench or park structure; or sleep, camp, lodge or reside in any park building, except in such places as designated for said purposes by the Director.
(5) 
Ascend or land with any aircraft, including gliders and parachutes, or engage in stunt flying or parachute landing.
(6) 
Construct, repair or relocate utility fixtures, such as sewers, hydrants, posts, lines and conduits or open trenchs, or make excavations or engage in any construction in or on parklands.
(7) 
Carry any flowers or shrubs, slingshots, axe, saw, shovel or spade within the parks; violate the regulations of the Director relating to any building or place; damage any notice posted by order of the Director; cut parkway curbs for private drives; locate, grade or construct paths, driveways and roadways across or along any parkway or park road; or deposit materials in or upon any park or park road.
(8) 
Move or carry any tables or equipment found within a park for park use to a different area of the park.
B. 
Nonobservance of any part of this § 156-9 shall constitute a violation.

§ 156-10 Regulations.

Nonobservance of the following park regulations shall constitute a violation:
A. 
Disorderly conduct.
(1) 
No person shall disturb the peace and good order in any park by fighting, quarreling or wrangling with loud voices or shouts, threatening by violence to the person or property of others or engaging in riotous clamor or tumult.
(2) 
No person shall congregate with others in a public place and refuse to comply with a lawful order of the police or the Director to disperse or leave the park.
(3) 
No person shall beg, hawk or peddle or solicit within any park.
(4) 
No person shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other devices for money, chips, credit or any other representative of value; nor shall any person be allowed to maintain or exhibit any gaming table or other instrument of gambling or gaming.
(5) 
No person, except peace officers of the county or other law enforcement officers, shall have or carry any pistol, switchblade, hunting knife, slingshot, bow and arrow, dagger, metal knuckles or other dangerous weapons concealed or about his person while in the park.
(6) 
No person shall use obscene, profane or abusive language while in the park.
(7) 
No person shall loiter in or near toilet buildings or parking areas.
B. 
Games regulated. No person shall engage in potentially dangerous games involving thrown or propelled objects, such as footballs, horseshoes, roller skates, golf balls or similar objects, except in areas designated for such usage and then only subject to such rules as may be prescribed by the Director. All games of any description must be conducted in a safe and orderly manner, and no rough or boisterus practices will be allowed. No one shall play games for which a permit or fee is required without first obtaining such permit and paying such fee.
C. 
Hunting, fishing and molesting wildlife.
(1) 
No person shall take or attempt to take any fish from or send or throw any animal or thing into a pond or any of the waters of the parks, except with the permission of the Director, and except that fishing may be permitted in season in certain park waters designated by the Director.
(2) 
No person shall kill, injure or unnecessarily disturb any fish, waterfowl, birds or animals.
(3) 
No person within the confines of a park shall hunt, pursue with dogs, trap or in any other way molest any wild bird or animal found within the confines of a park or rob or molest any bird nest or take eggs of any bird.
(4) 
There shall be no fishing without a permit.
(5) 
There shall be no hunting or carrying firearms, dangerous weapons, etc.
D. 
Preservation of property and natural features. No person shall injure, deface, disturb or befoul any part of a park or any building, signs, equipment or other property found therein; nor shall any tree, flower, shrub, rock or other mineral be removed, injured or destroyed.
E. 
Littering, rubbish, garbage, sewage and noxious material.
(1) 
No person shall, without the specific written consent of the Director, 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, camp 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.
(2) 
No person shall, either within or outside of a park, discharge into, throw, cast, lay, drop or leave in any river, brook, stream, storm sewer or drain flowing into or through a 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 a park or interfere with the conservation of the natural resources of a park or endanger the health of visitors in a park.
F. 
Alcoholic beverages. The consumption of alcoholic liquors or beverages, including beer, and the bringing of such items into the parks are permitted under the following conditions:
(1) 
No person shall become intoxicated. No person shall bring into or drink any alcoholic liquors or beverages, including beer, in any park, except in such areas as designated by the Director. Beer may be brought into the parks for consumption at private family or social picnic parties but may not be dispensed or displayed at temporary bars or from kegs or other bulk dispensing units unless permission is obtained from the Director.
(2) 
Drinking alcoholic liquors or beverages, including beer, is prohibited in the parking lots and rights-of-way within any park.
G. 
Dogs, cats and other household pets. No person shall bring into, permit, have or keep in the park any dog, cat, household pet or other animal destructive to birds and other wildlife, except that dogs or cats are permitted if held in control by a leash.
H. 
Horseback riding. Horseback riding is permitted only on designated roadways or bridle paths and only on the condition that they are ridden with care and under such control that they can be easily or quickly turned or stopped. No person shall ride horseback in any park after dark or before daybreak. No person shall smoke while mounted on horseback on bridle paths within a park.
I. 
Swimming, swimming areas and beaches.
(1) 
No person shall bathe, wade or swim within any park or swimming area, except at such pools or beaches therein as may be designated for that purpose by the Director, and no person shall bathe, wade or swim without having the body concealed by suitable covering.
(2) 
Person shall be permitted to change clothing on park property only in facilities set aside for that purpose.
(3) 
No swimming shall be permitted unless a lifeguard is on duty.
(4) 
No glass containers or cans shall be permitted in the swimming and/or beach areas.
(5) 
No person shall carry onto, possess, scatter or throw on any bathing beach or swimming area bottles or containers of any kind or broken glass.
(6) 
The use of life rafts, inner tubes and other objects intended to support persons is prohibited in any of the designated swimming areas, except as otherwise permitted by the Director.
(7) 
Boats, surfboards, water skis and similar aquatic equipment is prohibited within the designated swimming areas.
(8) 
No diapered infants shall be permitted to wade or bathe in park water or swimming areas.
(9) 
Cats and dogs are prohibited in all swimming areas and beaches.
J. 
Bicycles, snow vehicles and motorbikes.
(1) 
No person shall ride a bicycle upon the lawn, walks, foot trails or bridle trails or any parks or parkways, unless otherwise posted.
(2) 
No motorized snow vehicles shall be permitted upon the lawn, walks, foot trails, bridle trails, roads or parking areas of any parks or parkways, unless otherwise posted.
(3) 
No unlicensed motorbikes or other unlicensed vehicles shall be permitted in any area of a park.
(4) 
Riders of bicycles and snow vehicles shall comply with the rules for the regulation of other vehicles and, in addition thereto, shall be subject to the following rules and regulations:
(a) 
Riders shall proceed in the extreme right-hand lane of the drive at all times, in single file only.
(b) 
Riding crosswise and curving to and fro are strictly prohibited.
(c) 
No rider shall take both hands off the handles or steering mechanism or ride recklessly in any manner.
(d) 
A bicycle shall not be towed by a rope or otherwise, nor shall any rider hold onto any moving vehicle for the purpose of being drawn along.
(e) 
No bicycle shall be pushed upon any park or parkway drive where an adjoining footwalk is available.
(f) 
Children under the age of 12 riding small bicycles (wheel less than 20 inches in diameter) may use the footwalks.
(g) 
Wherever possible, bicycles or snow vehicles shall be parked in places provided for such purpose.
(h) 
Where motorized snow vehicles are permitted, traversing congested areas must be done in low throttle (five miles per hour or less).
K. 
Indecent conduct and exposure. No person shall appear in a park in a state of nudity or commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior, and no person shall make any indecent exposure of his or her person.
L. 
In Town parks, launching or retrieving of the following is prohibited: personal watercraft, jet skis, or any other trailer-launched craft. In no event shall watercraft with motors in excess of 15 horsepower be launched or retrieved from Town park sites. Such prohibition shall extend to snowmobiles and other motorized vehicles entering onto the ice from Town parks.
[Added 5-15-2003 by L.L. No. 3-2003]

§ 156-11 Traffic rules. [1]

A. 
No person shall drive any automobile, motorcycle, motorized bike or other vehicle of traffic or burden upon any part of the parks or parkways, except on the proper drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. Paths established as bridle paths, footpaths or bicycle paths shall not be used for vehicular traffic.
B. 
No person shall cause any taxi, bus, limousine or other vehicle for hire to attend upon any part of the parks or parkways for the purpose of soliciting or taking in passengers or persons other than those carried to the parks or parkways by said vehicle.
C. 
No person shall cause any bus, with or without passengers, nor any cart, wagon, truck or trailer or other vehicle carrying goods, merchandise, manure, soil or other articles, or solely in use for the carriage of goods, merchandise, manure or other articles, to enter or to be driven in any part of the park or parkway. This section shall not apply to vehicles engaged in the construction, maintenance or operation of the parks or parkways nor to buses under a permit from the Director.
D. 
It shall be the duty of every person operating an automobile, motorcycle or other vehicle of traffic or burden within the parks or parkways to comply with the Vehicle and Traffic Law of the State of New York and with all orders, directions and regulations issued by traffic officers or officially displayed on any post, standard, sign or device installed for the regulation of traffic.
E. 
No vehicle shall be operated on any road or drive in any park or parkway at a speed exceeding 10 miles per hour, unless otherwise posted.
[Amended 8-14-1980]
F. 
No vehicle shall pass another vehicle proceeding in the same direction if the center of the road is marked with a solid double line.
G. 
Signs indicating one-way traffic must be obeyed.
H. 
All stop signs and other traffic control devices must be obeyed.
I. 
No person shall park any vehicle or permit any vehicle to remain standing on any highway or roadway within the boundaries of a park or parkway in excess of the length of time and between the hours as hereinafter specified. No parking shall be allowed on any of the park roads between the hours of 10:00 p.m. and 6:00 a.m. No parking shall be allowed on the major roads, which will be designated by signs, during the hours the parks are open. Parking areas in the parks are established for the convenience of patrons while using the facilities of the parks. It shall be unlawful for any person to park, stop or leave standing any vehicle in any parking area in any park, except during the time he remains in the park. The term "parking" shall mean the standing of any vehicle, whether occupied or not, upon any highway, other than temporarily or while actively engaged in loading or unloading or while standing in obedience to traffic regulations or traffic signals.
J. 
No person shall operate a vehicle along or over any road or drive within a park in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles so as to endanger the life, limb or property of any person while in the lawful use of said park drive or roads.
K. 
No person shall participate in a drag race upon any park drive or park property. "Drag racing" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point wherein timing is made of the participating vehicles involving competitive accelerations or speeds. The operation of two or more vehicles side by side, either at speeds in excess of permitted speeds on park drives or rapidly accelerating from a common starting point to a speed in excess of such permitted speeds, shall be prima facie evidence of "drag racing."
L. 
No person who is under the influence of intoxicating liquor, narcotic drugs or opiates shall operate any vehicle within the park.
M. 
No person shall drive or move or cause or knowingly permit to be driven or moved within the park any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person.
N. 
No person shall use or shine spotlights or unnecessarily or continuously shine automobile headlights onto parklands, except under the direction of a police officer or park employee, or except where necessary for the preservation of life or property.
[1]:
Editor's Note: Resolution No. 297, adopted 9-3-1970, as amended 2-4-1971, provided as follows:
"1) It shall be unlawful to use or operate a motor vehicle or recreation vehicles designed for use principally off the public highways, such as snowmobiles, motorcycles, motor scooters, minibikes and minicars, whether or not such vehicles are licensed for use on the public highways within Parkwood Park other than vehicles used in connection with the maintenance of such park.
"2) The violation of this regulation shall be an offense against park regulations punishable by a fine not exceeding $50 or, in default of payment of such fine, by imprisonment not exceeding 30 days."

§ 156-12 Parental responsibility.

No parents, guardians or custodians of any minor shall permit or allow him or her, as the case may be, to do any act which would constitute a violation of this chapter. Nonobservance of this § 156-12 shall be a violation.

§ 156-13 Compliance with police or official agency.

No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction or control of traffic or with any other order lawfully given by any police officer or Town official in the execution of his office or willfully resist, obstruct or abuse any police officer or Town official in the execution of his office or duties. Nonobservance of this § 156-13 shall be a violation.

§ 156-14 Enforcement; appearance tickets.

[Amended 8-14-1980]
A. 
This chapter shall be enforced as it pertains to the issuance of parking tickets for violation of § 156-11I and littering under § 156-10E by the Director or members of the safety patrol of the Park and Recreation Department, and in all other cases by the Director, the Town of Webster Police, the Monroe County Sheriff's Department and any other police agency having jurisdiction within the Town of Webster.
B. 
Any police officer, or in the case of a violation of the parking regulations set forth in § 156-11I or a littering violation under § 156-10E, the Director or members of the safety patrol of the Park and Recreation Department, may issue an appearance ticket pursuant to Article 150 of the Criminal Procedure Law of the State of New York to any person when he has reasonable cause to believe that such person has committed a violation of this chapter. Said appearance ticket shall direct the designated person to appear in the Justice Court of the Town of Webster at a designated future time, not later than 30 days from the date of the issuance of the appearance ticket, in connection with the alleged violation. Any police officer may, without a warrant, arrest any person in violation of any park rules or regulations as set forth in this chapter or as posted within such park and take such person so arrested forthwith before a Magistrate having competent jurisdiction. Said police officer shall at all times have the right to enter the premises of any building, structure or enclosure or any park, including such grounds, buildings or structures which may be leased or set aside for the private or exclusive use of any individuals or group of individuals, for the purpose of arresting violators hereof, and he may use all necessary means to attain that end.

§ 156-15 Penalties for offenses; liability for damages.

A. 
Any person convicted of an offense of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $50 and/or imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
[Amended 7-14-1977]
B. 
Any person damaging any park property shall be liable for any damages incurred.