[HISTORY: Adopted by the Town Board of the Town of Wheatfield 7-7-1975
by L.L. No. 2-1975; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any place so designated by resolution of the Town Board from time
to time and located within the Town of Wheatfield.
One or more persons of either sex, corporations, copartnerships,
associations, joint-stock companies, societies, and all other entities of
any kind capable of being sued.
No person shall post, paint, affix, deliver, distribute or leave about
any park or building placards, tickets, handbills, circulars or advertisements
of any nature for advertising purposes or operate any advertising devices
for the purpose of attracting attention to any exhibition, show, performance
or other display or purpose, or solicit passengers for hire, in any place
designated as a park in the Town of Wheatfield unless a permit is issued by
the Director of Recreation.
No person shall solicit any alms or contributions for charity or for
other purposes in any public park within the Town. This provision, however,
shall not be deemed to prohibit persons giving exhibitions, games or entertainment
in any such public park from asking and receiving contributions from the spectators,
provided that such exhibitions, games or entertainment be under a written
permit issued therefor by the Director of Recreation. The Director of Recreation
may issue such permit for such exhibition, game or entertainment to any proper
person seeking to give the same upon the written application of such permit
and approval by the Director of Recreation, and such permit shall state the
time and place of such exhibition, game or entertainment and whether or not
the licensee is entitled to solicit contributions therefor. No person shall
give or conduct any such exhibition, game or entertainment at any such park
without such permit.
No person shall cause or permit any animals owned or controlled by him
or her to run at large in any park within the Town, except a dog or cat when
restrained by a leash not exceeding six feet in length.
No person shall throw stones or other missiles; annoy others; interfere
with, encumber, obstruct, or render dangerous any path, driveway, walk, or
public place in such park or climb upon any walk, fence, shelter, seats, structures,
or other erection in the park or enter or leave any park except at the established
entranceways or exits; introduce, carry, or discharge any firearms, torpedoes,
or other explosives within the park or throw or deposit on any walk, path,
lawn, floor or platform any vegetable, foodstuff, papers, litter, or refuse
of any kind within any park in the Town.
No person shall bring into or have with him or her in any park within
the Town any explosive compound or mixture or article having properties of
such a character that alone or in combination with another substance or compound
it may settle or decompose or generate rapid flaming combustion with explosive
force.
No person shall have or carry upon his or her person any instrument
or weapon or firearm, unless he or she shall have a special permit to do so
as provided by law, within any park in the Town, nor shall be or she have
or use within parks any air guns, spray guns, slingshots, or any other kind
of weapon for the propelling of missiles through the air within any park.
No person shall kindle or maintain any fire within any park except in
places provided for that purpose. When any fire is maintained in such place
so designated by any person, the same shall be under the care and direction
of a competent person from the time it is kindled until it is extinguished.
No person shall throw any lighted match, cigar, cigarette, or ignited matter
within or against any building, structure or enclosure, except for the purpose
of igniting a fire in the places provided for that purpose.
No person shall between the hours of 10:00 p.m. and 8:00 a.m. loiter
at any place in any park within the Town, unless said person shall have received
a written permit from the Director of Recreation.
No person shall lodge or camp in any park in the Town except at places
designated by the Town for that purpose, and upon written approval of the
Direction of Recreation.
No person shall sleep upon, lie upon or overturn any seat or bench in
a park in the Town, nor remove such bench from the park.
No person shall enter any building, structure, enclosure, or place within
any park in the Town upon which the words "No Admittance" are displayed or
posted by signs or placards without the written consent of the Director of
Recreation.
No person, except in an emergency, shall bring, land or cause to descend
or alight within any park in the Town any airplane, flying machine, parachute
or other apparatus for aviation unless pursuant to a written permit obtained
from the Director of Recreation.
No person shall bathe, wade or swim in any park waters in any park in
the Town, except at such time and in such places as may be specially designated
by appropriate signs by the Director of Recreation, nor shall any person dress
or undress in any public place except in bathhouses maintained or permitted
by the Town for that purpose.
No person shall place or operate or have for hire any boat, canoe or
raft in any park in the Town without a written permit of the Director of Recreation.
This provision shall not apply to bodies of water bordering on parks or to
toy boats used by children.
No person shall coast with hand sleds, bobs or other vehicles on wheels
or runners at any place within any park within the Town except at such places
and at such times as may be designated therefor by the Director of Recreation.
No person shall use, ride or drive any horse within any park within
the Town unless it is well broken and in constant control of the person in
charge therefor, nor permit any horse to be loose, unbridled or unattended
in any park.
No person shall, without a written permit by the Director of Recreation,
erect any structure, stand or platform within any park in the Town for the
purposes mentioned in this section, and no person shall hold any meetings,
perform any ceremony, make any speech or address, exhibit to the public any
performance in whole or in part, or fund any dancing entertainment or acrobatic
performance or engage in any parade, drill, maneuvers, circus or other procession,
or run any race by man, animal or vehicle without the written consent of the
Director of Recreation.
No person shall use skates of any kind within any park in the Town except
at such times and at such places as may be designated therefor by the Director
of Recreation, nor shall any person skate, slide, walk or go upon any ice
excepting at such times and at such places as may be designated therefor by
the Director of Recreation, nor until such is declared, under the authority
of the Director of Recreation, to be in safe condition, and the Director shall,
by proper signs, designate such times and places when in safe condition. The
absence of such signs at any place or time shall mean that such place and
time is within the prohibition of this section.
No person shall injure, write upon, deface, displace, remove, destroy
or tamper with any drive, path, walk, bridge, or approach thereto, or disturb
or remove any asphalt, concrete, flagstone, rock, gravel, sand or earth, or
make any excavation of any kind, or injure or remove any ice, or injure or
displace any structure, building, post, bench, seat, tree guard, telephone,
telegraph, pipe or main, receiving basin, cover, manhole or vent, or any appurtenances
or appendages connected therewith or any other property or equipment, real
or personal, owned by the Town or under the jurisdiction or control of Town
authorities, pertaining to the use, management or maintenance of any park
within the Town, or injure in any way or interfere with any machine, instrument
or contrivance used in the parks, or deface, remove or injure any sign, inscription,
post or monument within any such park or any lamp, light or apparatus connected
therewith, without the written consent of the Director of Recreation.
No person shall destroy, cut, injure or remove any plant, flower, shrub,
tree or growing thing, or pile any material or debris against the same, or
attach any rope, cable or any other contrivance thereto, or enter or walk
upon any planted place, or hitch any animal to any shrub, plant or tree, within
any park of the Town, or leave any animal standing near enough to injure any
grass, plant, flower, shrub or tree within any park without the written consent
of the Director of Recreation.
No person shall molest, kill, wound, interfere with, throw missiles
at, or have in his or her possession any bird, bird's nest, squirrel, squirrel's
nest, or bird's eggs located in any park within the Town. No person shall
discharge or throw missiles at any animal or fish within any park, or do anything
whatsoever to injure the same, except that fishing shall be permitted in the
waters of the Town parks.
No person shall, within or without any park, throw at, cast into or
leave in the waters of any park, or any tributary, brook, stream, sewer or
drain flowing into such waters, any substance or thing which may or shall
result in the pollution of such waters within any parks of the Town.
No person shall bring, carry into, leave, cast or throw into any park
in the Town any refuse, rubbish, junk, dirt or objectionable material of any
kind or any waste material except such rubbish and refuse that may be used
in connection with activities allowed in the park as long as they are place
in containers provided for rubbish and refuse and not left upon the general
park grounds.
No person shall drive or operate in any park in the Town any motor vehicle
used for commercial purposes except by written permit of the Director of Recreation.
No person shall use park drives for demonstrating any vehicle or for
the purpose of instructing another to operate such vehicle.
No person shall operate any motor vehicle of any kind, including, but
not limited to, automobiles, motorcycles, motorbikes, minibikes or any other
vehicle propelled by a motor, within any park within the Town, except upon
roadways provided within the park, and at no time shall any person operate
such a vehicle in a race or other contest of speed. Nor shall any person operate
such a motor vehicle at a speed in excess of 10 miles per hour within a Town
park.
No person shall drive any vehicle upon any walk, bridle path, or part
of any park in the Town not designated for vehicle use. No person shall ride
any bicycle or similar vehicle upon any walk or footpath within any park within
the Town. No person shall park or permit to be parked any vehicle within any
park outside of designated parking spaces except in case of emergency.
Whenever any officer shall indicate or direct by gesture or otherwise
the speed or force of any vehicle within a park in the Town, the driver thereof
shall immediately obey such direction.
No person shall operate a snowmobile within a Town park except on trails
that are designated, and marked as such, for the use of snowmobiles.
The supervision, use and management of all public parks within the Town
shall be under the Director of Recreation.
Whenever the Director of Recreation is authorized to issue a permit
as provided in this chapter, any person claiming to have such permit shall
produce and exhibit the same upon the request of any authorized person. All
permits shall be subject to the provisions of this chapter, and the holders
thereof must strictly observe the conditions thereof, and the provisions,
ordinances and local laws of the Town relating to the same. Any permit may
be peremptorily revoked by the officer issuing the same in case of any violation
of the terms on which the same was issued or of any ordinance or local law
to the same by the holder thereof.
No person shall refuse to obey orders or requests of the
Director of Recreation, any Town employee in the park, any park officer, Town
constable or police official.
The Town Board shall have general powers to make and enforce rules for
the use and maintenance of all recreational and park facilities within the
Town.
Any person found guilty of violating any of the provisions of this chapter
shall be subject to a fine not to exceed $250 or imprisonment not to exceed
15 days, or both such fine and imprisonment, for each offense and, in addition
thereto, shall be subject to a civil action for any damages sustained by the
Town for such violation.
