[HISTORY: Adopted by the Town Board of the Town of Sweden 1-13-2004.
Amendments noted where applicable.]
This chapter shall be known as the "Parks Ordinance for the Town of
Sweden."
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 Sweden 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.
A.
The Town of Sweden is charged with the administration
of this chapter and the posting of signs designating parklands within the
Town of Sweden.
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 Town of Sweden.
As used in this chapter, the following terms shall have the meanings
indicated:
The Director of the Department of Recreation of the Town of Sweden
or his duly authorized agents.
The grounds, buildings thereon, waters therein and any other property
necessary for the operation thereof and constituting a part thereof which
are now or hereafter will be maintained, operated and controlled by the Town
of Sweden for public park purposes.
Any individual, firm, partnership, corporation or association of
persons, and the singular number shall include the plural.
Every device in, upon or by which a person or property is or may
be transported.
The hours of operation are established at the discretion of the Town Board. No person shall be permitted to remain, stop or park within the confines of any park outside the hours designated by the Town of Sweden, 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 § 137-5 shall constitute a violation.
A.
A permit must be obtained from the Director for the following
uses and activities:
(1)
The use of park lodges or pavilions.
(2)
The use of any playing fields or other park facilities
by groups larger than 10 persons.
(3)
Camping within a park, where allowed.
(4)
Vending of food and drink (including beer, but excluding
other nonalcoholic beverages) by nonprofit service organizations.
B.
Permits shall be issued by the Director at the Community
Center, 4927 Lake Road, Brockport, New York 14420.
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 Sweden
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 Sweden in an amount established by the Town Board of the
Town of Sweden. Such fee may vary according to the activity permitted and
the facilities used.
F.
The Recreation Director reserves the right to request
a certificate of insurance naming the Town of Sweden as additional insured,
said certificate amount to be determined at the discretion of the Recreation
Director.
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 Town of Sweden 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 Community Center 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.
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
Town of Sweden. Nonobservance of such camping rules and regulations shall
constitute a violation.
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 Town
of Sweden 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)
Ascend or land with any aircraft, including gliders and
parachutes, or engage in stunt flying or parachute landing.
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, firearm, 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 boisterous 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 throw any animal or thing into a pond
or any of the waters of the park, except that fishing may be permitted in
season in certain park waters designated by the Town of Sweden.
(2)
No person shall kill, injure or unnecessarily disturb
any 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 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 buildings,
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 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 metallic substance 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.
(3)
No glass containers are allowed.
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.
(3)
All alcoholic consumption shall conform with New York
State law.
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 park.
I.
Swimming. No person shall bathe, wade or swim within
any park.
J.
Bicycles, snow vehicles, all-terrain vehicles (ATVs)
and motorbikes.
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.
A.
No person shall drive any licensed 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, skate
parks, BMX bike trails, 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 or maintenance of operation of the parks or parkways.
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 15 miles per hour, unless otherwise
posted.
F.
Signs indicating one-way traffic must be obeyed.
G.
All stop signs and other traffic control devices must
be obeyed.
H.
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.
I.
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 road.
J.
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 speeds in excess of such permitted speeds, shall
be prima facie evidence of drag racing.
K.
No person who is under the influence of intoxicating
liquor, narcotic drugs or opiates shall operate any vehicle within the park.
L.
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.
M.
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.
No parents, guardians or custodians of any minor shall permit or allow him or her, as the case may be, to do any act that would constitute a violation of this chapter. Nonobservance of this § 137-12 shall be a violation.
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 § 137-13 shall be a violation.
A.
This chapter shall be enforced as it pertains to the issuance of parking tickets for violation of § 137-11H and littering under § 137-10E by the Director or other designated personnel, and in all other cases by the Director, the Monroe County Sheriff's Department and any other police agency having jurisdiction within the Town of Sweden.
B.
Any police officer or, in the case of a violation of the parking regulations set forth in § 137-11H or a littering violation under § 137-10E, the Director or other designated personnel 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 Sweden 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 Judge 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.
[Amended 8-22-2006 by L.L. No. 3-2006]
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 $250
or imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
B.
Any person damaging any park property shall be liable
for any damages incurred.
