Town of Walworth, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Walworth 11-16-1978 by L.L. No. 13-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Campgrounds and recreational vehicle parks — See Ch. 70.
Use of public and private premises — See Ch. 125.
[Amended 4-21-1983 by L.L. No. 1-1983]
As used in this chapter, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Any vehicle propelled by power other than muscular power.
PARK
Includes a part of any area owned or used by the Town of Walworth and devoted to active or passive recreation.
PERMIT
Any written authorization or license issued by or under the authority of the Town of Walworth permitting the performance of a specified act or acts or the conduct of a particular function, program or activity.
PERSON
Any natural person, corporation, company, association, joint-stock association, firm, copartnership, not-for-profit corporation, religious group or other entity or form of association.
[Amended 4-21-1983 by L.L. No. 1-1983; 10-2-1986 by L.L. No. 9-1986; 6-6-2002 by L.L. No. 3-2002]
The parks of the Town of Walworth will be available for the benefit and recreational use and enjoyment of the residents of the Town of Walworth, their guests and invitees, subject to the rules and regulations contained herein.
[Amended 4-21-1983 by L.L. No. 1-1983; 9-1-1994 by L.L. No. 1-1994; 12-1-1994 by L.L. No. 7-1994; 6-6-2002 by L.L. No. 3-2002; 4-16-2009 by L.L. No. 3-2009; 3-17-2011 by L.L. No. 1-2011]
The following rules and regulations shall be applicable in all Town parks within the Town of Walworth:
A. 
The hours of use of the Town parks shall be from 1/2 hour before sunrise until 1/2 hour after sundown as reported daily in the Rochester Democrat & Chronicle newspaper, except that the hours of use after sundown shall be extended until 12:00 midnight in the following instances:
(1) 
The annual festival in the park.
(2) 
Where a permit has been granted for pavilion and lodge use. (This exception shall apply only to those who are in the park pursuant to said permit.)
(3) 
Where a Town-sponsored program is being conducted.
B. 
The following acts are prohibited:
(1) 
No person shall injure, deface, disturb or befoul any part of any park or any building, sign, equipment or other property therein, or remove, injure or destroy any tree, flower, shrub, rock or other mineral found therein.
(2) 
No person shall interfere with any lamp, lamppost or any electric light apparatus or extinguish the light therein, except upon proper authority.
(3) 
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 any fire upon other land to extend into any part of any park, except fires set in fire pits or bonfires, as may be provided in a permit issued by the Town Clerk upon approval of the Town Board. The use of cooking grills is excluded from this prohibition and such use is permitted within designated picnic areas of any park.
(4) 
No person shall bring into any park any garbage, sewage, refuse, lawn or yard cuttings, waste or hazardous substances as defined by federal and state laws, rules and regulations; however, any garbage or refuse (not containing hazardous substances), which is generated by reason of any person's use of any park, shall be deposited in receptacles or pits provided in any park for such purpose.
(5) 
No person shall drive, propel or cause to be driven or propelled along or over any park road any vehicle at a greater rate of speed than posted by the Town.
(6) 
No person shall park or store any motor car, motorcycle, snowmobile, bicycle, wagon or other vehicle within any park, except in places designated for such purposes, or park or operate any such vehicle in any park after dark without lights, or park any vehicle in any park subsequent to 1/2 hour after sundown in areas other than those designated for such purpose; however, overnight parking within any park is prohibited. Notwithstanding the foregoing, overnight parking within any park by a person or persons affiliated with a legal entity, such as a municipality, not-for-profit organization, or corporation or any organization whose organized activities include camping, may be permitted upon the approval of the Town Board and the issuance of a permit. Further, notwithstanding the foregoing, parking after sundown within Ginegaw Park shall be permitted during the Town of Walworth annual function known as "Festival in the Park."
(7) 
No person shall operate an ATV, unlicensed or off-road motorbikes, snowmobiles or other motorized recreational vehicles unless an authorized trail has been designated for such use.
(8) 
No person shall use any portion of any park from 1/2 hour subsequent to sundown to 1/2 hour before sunrise except as otherwise permitted in this chapter. It is the intent of this provision that any park not be used between 1/2 hour subsequent to sundown and 1/2 hour before sunrise. Notwithstanding the foregoing, overnight camping within any park by a person or persons affiliated with a legal entity, such as a municipality, not-for-profit organization or corporation or any organization whose organized activities include camping, may be permitted upon the approval of the Town Board and the issuance of a permit.
(9) 
No person shall gamble in any park or bring into any park or have in his or her possession while in any park any implement intended to be used for gambling purposes, except where a specific form of gambling is permitted pursuant to a permit issued by the Town Clerk.
(10) 
No person shall bring into any park, keep, possess or harbor any cat, dog, pet or domestic animal unless said animal is leashed or caged or unless an area has been designated to permit any particular animal. Any individuals bringing cats, dogs or other domesticated animals into a park shall be required to pick up and deposit in proper receptacles all solid waste excreted by such animals.
(11) 
No person shall use loud, boisterous or indecent language or interfere with any Town of Walworth Parks and Recreation employee or officer of the Town, county or state in the performance of his or her duties.
(12) 
No person shall bring into any park any glass bottles or containers.
(13) 
No person shall bring into any park alcoholic beverages, or possess, consume, sell or drink in any park any alcoholic beverage, including, but not limited to, beer, wine, hard liquor or mixes to which hard liquor has been added unless a permit has been issued by the Town Clerk, which sets forth (1) the specific alcoholic beverage or beverages that may be brought into, possessed, consumed or drunk within any park; and (2) the exact location within any park where the specific alcoholic beverage or beverages may be brought, possessed, consumed or drunk; (3) that in no instance shall such possession, consumption or drinking be allowed in an area of any park where organized youth recreational programs or activities are scheduled, anticipated and/or carried out; (4) that all those persons who shall have a right to use any park for such purpose must be 21 years of age or older; and (5) in the event it is determined by any duly authorized enforcement officers of the Town of Walworth or law enforcement officer of the Town, county and state that provisions (1) and/or (2), (3) or (4) above have been violated, then in that event, the permit shall immediately terminate and is revoked.
(14) 
No person shall engage in, sell, consume or drink alcoholic beverages of any kind or nature, including but not limited to beer, wine, hard liquor or mixes to which hard liquor has been added, in any parking lots or roadways within any park within the Town.
(15) 
No person shall sell, consume or drink alcoholic beverages of any kind or nature, including but not limited to beer, wine, hard liquor or mixes to which hard liquor has been added, to or by persons under the age of 21 years of age anywhere in any park.
(16) 
No person shall bring into any park, possess or ignite any firecrackers or any fireworks within any park unless a permit issued by the Town Clerk shall permit fireworks to be possessed or ignited and that permit designates the area where said fireworks can be ignited.
(17) 
No person shall engage in, instigate, aid or encourage a contention or fight, whether or not in a ring or prize fight, except if the permit issued by the Town Clerk permits, with conditions, a sanctioned USA Amateur Boxing Federation event.
(18) 
No person shall loiter in or near toilets or restroom facilities within any park.
(19) 
No person shall loiter or remain within any park inside or outside of a vehicle or structure within any park during the period of time that any park is not open as provided in this chapter unless general or special permission is given or unless being in any park is otherwise permitted by this chapter.
(20) 
No person, except law enforcement officers engaged in carrying out their professional duties, shall use, carry, possess or discharge any firearm within any park.
(21) 
No person shall trap or hunt within any park, including trapping with the use of any instrumentality or trapping equipment and hunting with any type of a firearm or gun or bow and arrow, except trapping of beavers shall be permitted by individuals who are authorized to trap beavers by the Town Supervisor.
(22) 
No person shall use, transport, carry or sell within a park any marijuana, narcotic drug, hallucinogen or controlled substance as defined in Chapter 220 of the New York State Penal Law or drug paraphernalia which would be a crime under §§ 220.50 and 220.55 and related provisions of the New York State Penal Law.
(23) 
No person shall use those portions of any park not open to the general public without specific permission of the Town Board.
(24) 
No person shall solicit or engage in any business, trade, commercial transaction or other activity within any park involving the sale of merchandise or service, for which any fee, payment, donation or other consideration is required or requested, except upon the approval of the Town Board and the issuance of a permit by the Town Clerk to engage in such activity.
(25) 
No parent, guardian or custodian of any minor shall permit or allow him or her to do any act which would constitute a violation of this chapter, and such persons shall be jointly and severally liable for the actions of any such minors in their care.
(26) 
No person shall in any park threaten, menace, strike, kick, shove or follow another person with the intent to harass, alarm or annoy such person.
C. 
Permits to use parks.
(1) 
Any group of individuals, ages 18 years or above, or 21 years of age or above, if an alcoholic beverage is requested to be brought into, possessed and/or consumed within any park as set forth in Subsection B(13) of this section, shall apply for a permit at least seven days prior to the day requested, and groups of 100 or more requesting the use of any park or part of a park must apply for a permit 21 days before the day requested.
(2) 
In cases where a permitted event is scheduled for multiple dates within a specific season (Spring, Summer, Winter or Fall), and provided the conditions of the permit are to be the same, then the Town Clerk or Town Board (as the case may be) may issue and/or consider granting one permit which allows said events.
(3) 
Whenever a permit is required by the Town pursuant to this chapter, applications must be obtained, in person, from the Town Clerk, and completed forms must be filed with the Town Clerk. Said forms are to be supplied by the Town, and shall include questions seeking such information as may be necessary for a fair determination of whether or not a permit should be issued. Upon issuance of a permit, the permittee must sign the permit and state that he or she has read any park rules which may then be in effect and this chapter of the Walworth Municipal Code and will abide by them.
(4) 
No permit will be issued by the Town Clerk which permits the applicant and persons using any park pursuant to the permit:
(a) 
To set fires as provided in Subsection B(3) of this section.
(b) 
To gamble as provided in Subsection B(9) of this section.
(c) 
To bring into any park, possess or consume alcoholic beverages within any park as provided in Subsection B(13) of this section.
(d) 
To bring into any park, possess or ignite firecrackers or any fireworks as provided in Subsection B(16) of this section.
(e) 
To engage in or partake in an amateur boxing event as provided in Subsection B(17) of this section.
(f) 
To engage in the activity of camping within any park as provided in Subsection B(8) of this section.
(g) 
To engage in the activity of parking after hours within any park as provided in Subsection B(6) of this section.
(h) 
To solicit or engage in any business, trade or commercial activity within any park as provided in Subsection B(24) of this section.
(i) 
To use any park in the event the group or number of persons to use any park pursuant to the permit consists of 100 or more persons unless the proposed permit is approved by the Town Board prior to issuance by the Town Clerk. If the Town Board approves the permit, it may add reasonable conditions and the Town Clerk shall issue the permit setting forth the conditions. The Town Board shall consider, in regard to the activities requested and/or the facilities used, the factors set forth in Subsection C(4)(a) through (i) and any other reasonable factors in order to protect the public interest.
(5) 
The Town Clerk, when authorized to issue a permit without the approval of the Town Board, shall issue a permit when:
(a) 
The proposed activity or use of any park will not unreasonably interfere with or detract from the general public enjoyment of any park.
(b) 
The proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, safety and recreation.
(c) 
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(d) 
The proposed activity or use will not entail unusual, extraordinary or burdensome expense to the Town.
(e) 
The facilities desired have not been reserved for other uses on the day and at the times requested in the application.
(f) 
The facilities desired and/or the proposed activity will not interfere with a Walworth Recreation program; such program or programs shall have priority of use for any park.
(g) 
The appropriate approval is given by the Town Board for permits required to be approved by the Town Board as provided in Subsection C(4) of this section.
(6) 
The Town Clerk, when authorized to issue a permit without approval of the Town Board, may set forth reasonable conditions in order to carry out the intent of this chapter. When issuance of a permit is subject to approval by the Town Board, the Town Clerk, upon issuing the approved permit, shall do so setting forth the conditions approved by the Town Board and may not add additional conditions unless so approved by the Town Board.
(7) 
Liability insurance may be required by the Town Board for groups using the facilities on a periodic scheduled basis. Civic and municipal groups must provide the Town with a certificate of insurance in a form satisfactory to the Town listing the Town as coinsured.
(8) 
All groups or persons who use any park for events, when the proposed use is for a number of people requiring portable toilets as required by public health laws, rules and regulations, shall provide the number of portable toilets as may be so required.
(9) 
All groups whose use of any park may have an impact on the public health or safety or the health and safety of individuals within the group or other individuals using any park must alert the State Police, ambulance corps, Fire Department or other appropriate public health and/or safety entity.
(10) 
Effect of a permit.
(a) 
A permittee shall be bound by all park rules and regulations and all applicable federal, state and local laws and ordinances and rules and regulations as though the same were set forth in said permit.
(b) 
The permit shall cover use of the described site only and shall not include permission to use any other area, and where the permit permits an activity which would not otherwise be allowed in any park by this chapter without its inclusion in the permit, the permit shall not authorize any additional use of any park beyond the use specified or limited in the permit.
(c) 
A person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person or persons to whom such permit has been issued. The permittee shall also be responsible for any damage done to any physical property within any park.
(11) 
The Town Board shall have the authority to revoke a permit upon a finding of a violation of any rule or regulation, ordinance or local law or upon good cause shown, being a cause which could affect the public health and welfare of the group using any park or others using any park or affect in any way the public health and/or safety of the residents of the Town of Walworth or cause damage or interruption of use by others of any park itself. Under such circumstances, the Town Board may elect not to revoke the permit but in fact may amend the permit by setting forth additional conditions and restrictions for the proposed use of any park.
(12) 
Fees for the use of the Town parks by residents and nonresidents of the Town shall be as set forth from time to time by Town Board resolution.
[Amended 4-21-1983 by L.L. No. 1-1983; 9-1-1994 by L.L. No. 1-1994]
A. 
Enforcement of provisions. The Town Board, any duly authorized enforcement officers of the Town of Walworth and law enforcement officers of the Town, county and state shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Ejection. The Town Board, any duly authorized enforcement officers of the Town of Walworth and law enforcement officers of the Town, county and state shall have the authority to eject from the park any person acting in violation of this chapter.
C. 
Seizure of property. The Town Board, any duly authorized enforcement officers of the Town of Walworth and law enforcement officers of the Town, county and state shall have the power to seize and confiscate any property, thing or device in the park used in violation of this chapter.
A. 
Any person who shall violate any provisions of this chapter shall be, upon conviction, guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.[1]
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999]
[1]
Editor's Note: Original Subsection 2, pertaining to disorderly conduct, which was added 4-21-1983 by L.L. No. 1-1983 and immediately followed this subsection, was repealed 9-1-1994 by L.L. No. 1-1994.
B. 
In addition to all other remedies, the Town Board may also enforce obedience to this chapter by injunction.
[Added 4-21-1983 by L.L. No. 1-1983]