[HISTORY: Adopted by the Town Board of the Town of West Bloomfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-1999 by L.L. No. 1-1999]
A.
This article of the Town of West Bloomfield, Ontario
County, New York (the "Town"), shall be known as the "Michael Prouty Memorial
Park Law."
B.
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."
A.
Hours.[1]
(1)
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.
(2)
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.
B.
Pavilions.
(1)
Use of the park pavilions shall be on a first-come, first-served
basis unless otherwise stated.
(2)
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.
C.
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.
D.
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.
E.
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.
G.
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.
H.
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.
I.
Wheeled vehicles and snowmobiles; parking. No person
shall:
(1)
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.
(2)
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.
J.
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.
K.
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.
L.
Sales of food, beverages and souvenirs.
[Amended 6-12-2002 by L.L. No. 2-2002]
(1)
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;
(a)
Without a permit issued by the person or persons empowered to issue permits pursuant to § 102-3A(2);
(b)
Unless such sales are held as an accessory use to an otherwise
allowable use of the park;
(c)
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
(d)
Unless the financial security of the Town and its constituents
is properly protected.
(2)
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.
(3)
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).
(4)
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.
(5)
All permits shall be subject to such regulations as are set forth
in this article.
[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.
A.
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.
