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Town of West Bloomfield, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of West Bloomfield as indicated in article histories. Amendments noted where applicable.]
Animals — See Ch. 47.
Town-owned property — See Ch. 129.
[Adopted 5-12-1999 by L.L. No. 1-1999]
This article of the Town of West Bloomfield, Ontario County, New York (the "Town"), shall be known as the "Michael Prouty Memorial Park Law."
The purpose of this article is to preserve the public peace and good order on lands owned by the Town and operated as or made available to the public as parks and/or recreation areas.
This article shall be applicable to all parkland owned by the Town of West Bloomfield and located entirely within the Town of West Bloomfield, New York, including other parklands later obtained and devoted to said use by the Town. Hereafter, said lands shall be referred to as the "Town parks."
The park shall be open during daylight hours only and otherwise closed, except for special use facilities designated for night use. When closed, no person shall enter or occupy the park, except by written permission from the Town Clerk, unless they are members of authorized law enforcement agencies or Town officials or employees acting in the course of their duties.
Permits for use of the park during hours other than those set forth in Subsection A(1) above may be issued by the Town Clerk, or the Deputy Town Clerk or Town Supervisor in the Clerk's absence, each of whom shall have the option to decline to issue such a permit in circumstances in which the proposed activities are deemed to be potentially disruptive to the health, safety and/or welfare of the community.
Editor's Note: See also § 129-2, Occupancy of Town parks after hours.
Use of the park pavilions shall be on a first-come, first-served basis unless otherwise stated.
One of the two park pavilions shall be available on a reserved basis. A daily reservation may be issued by the Town Clerk, or the Deputy Town Clerk or Town Supervisor in the Clerk's absence, upon the submission of an application and a reservation fee of $25 for a resident applicant or $50 for a nonresident applicant. The right is reserved to decline nonresident applications if park usage by residents may, in the opinion of the Town Clerk, or the Deputy Town Clerk or Town Supervisor in the Clerk's absence, be unreasonably limited or restricted.
Games. All games and events of any description shall be conducted in a safe, orderly and controlled manner in designated areas. Courts, fields and designated game areas may be reserved. A reservation may be issued by the Town Clerk, or the Deputy Town Clerk or Town Supervisor in the Clerk's absence, upon the submission of an application and such fees as may be imposed from time to time by the Town Clerk, or the Deputy Town Clerk or Town Supervisor in the Clerk's absence.
Permits and/or reservations. Permits and/or reservations, as referred to in Subsections A, B and C above, may be issued on a daily or seasonal basis. Any permit or reservation issued for a period longer or more frequent than a single day shall be subject to a fee fixed for the purposes of said permit or reservation by the Town Board, which may reject any application for the same reason or reasons as the Town Clerk may reject a daily permit and/or reservation.
Disorderly conduct. No person shall use unreasonably loud or obscene language, partake in activities that result in unreasonably loud noise, engage in disorderly conduct or interfere with any authorized law enforcement agencies or Town officials or employees acting in the course of their duties.
Preservation of property; garbage removal.
No person shall injure, deface, disturb or befoul any part of the park, including any buildings, lights, signs or other equipment therein, or litter in the park.
Each person shall be responsible for the removal of his/her own refuse.
Dogs, cats and other household pets. No person shall bring any unleashed or uncontrolled dog, cat or other household pet into the park. Animals needed by the physically handicapped are excluded from the application of this subsection. A person bringing such animal into the park shall be responsible for cleaning up and removing any excrement left by such animal.
Fires. No person shall set fire, or assist another to set fire, to any timber, trees, shrubs, grass, leaves, growth or any other combustible material or suffer fire upon other land to extend onto any part of the park. Fires within Town fireplaces and portable grills are permitted within designated areas of the park, but must be controlled during use and completely extinguished after use.
Wheeled vehicles and snowmobiles; parking. No person shall:
Operate any motorized vehicle, such as automobiles, motorcycles, minibikes, snowmobiles and the like, within the area of the park; provided, however, that the operation of licensed vehicles for the transporting of the public to and from the park is permitted on all improved roadways, and the parking of such vehicles is also permitted within designated areas. Vehicles operated by members of authorized law enforcement agencies or Town officials or employees acting in the course of their duties are exempt from the application of this subsection.
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 10 miles per hour.
Firearms, etc. No person shall discharge any firearm, spring, gas-operated or air gun, or bow and arrow or any concealed weapon within such parks or areas, except as part of an organized Parks and Recreation Department program. Members of authorized law enforcement agencies in the course of their duties are exempted from such prohibition.
Hunting, trapping and fishing. No person shall be permitted to engage in hunting, trapping or fishing in parks and recreational areas, except as authorized by the Town Board to provide for proper environmental control.
Sales of food, beverages and souvenirs.
[Amended 6-12-2002 by L.L. No. 2-2002]
It is the policy of the Town that no items of foodstuff, beverages or other consumable items, or of souvenirs or other nonconsumable items be allowed to be sold or conveyed at any time in the park;
Without a permit issued by the person or persons empowered to issue permits pursuant to § 102-3A(2);
Unless such sales are held as an accessory use to an otherwise allowable use of the park;
Unless such sales comply in all manners with all applicable state, county and Town regulations and statutes, including those related to public health and safety; and
Unless the financial security of the Town and its constituents is properly protected.
The Town retains the discretion to deny a permit for sales within the park upon the grounds set forth in § 102-3A(2). Additional grounds include that such sales would bring discredit upon the Town or the park, cause congestion, air pollution, excessive noise harmful or disturbing to area residents, or any other significant environmental concern.
A permit shall only be valid during the hours of operation/activity of the event to which such sales are accessory. The Town reserves the right to issue permits to multiple vendors for the same calendar day(s).
Outstanding permits may be revoked in advance by the Supervisor upon good grounds shown and return of any filing fee. Permits being acted upon may be revoked upon a one-hour notice by the Supervisor or the permit granting person upon good grounds shown. Good grounds shall include any grounds stated above for denial of a permit, and rowdy, criminal or other harmful activity threatened or actually occurring.
All permits shall be subject to such regulations as are set forth in this article.
The permit fee for such sales shall be as follows:
For 10 days or fewer: $3 per day.
For more than 10 designated days, and within a period of six months: $30.
For more than six months, but less than one year: $50.
[Amended 4-13-2005 by L.L. No. 3-2005]
There shall be no consumption of alcoholic beverages in Town parks.
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 law enforcement officer or Town official or employee acting in the course of his or her duties; or willfully resist, obstruct or abuse any law enforcement officer or other official in the execution of his or her office.
Any person convicted of a violation of this article shall be subject to a fine not to exceed $250 and/or imprisonment for a term not to exceed 15 days.
Any person violating § 102-3F of this article, concerning damage to park property, shall be liable for damages incurred to park property in a civil action instituted by or on behalf of the Town.