[HISTORY: Derived from Art. VI of Ch. VI of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
Aircraft — See Ch. 63.
Alcoholic beverages — See Ch. 69.
Amusements — See Ch. 75.
Animals — See Ch. 78.
Bait dippers — See Ch. 85.
Bicycle paths — See Ch. 91.
Open burning — See Ch. 119.
City property — See Ch. 133.
Firearms, arrows and other weapons — See Ch. 180.
Garbage, rubbish and refuse — See Ch. 216.
Naming of streets, parks and public buildings — See Ch. 286.
Obscenity — See Ch. 299.
Outdoor performers — See Ch. 319.
Property maintenance — See Ch. 341.
Signs — See Ch. 387.
Statues and monuments — See Ch. 409.
Streets and sidewalks — See Ch. 413.
Subdivision of land — See Ch. 421.
Trees, shrubs and plants — See Ch. 467.
Water and water pollution — See Ch. 491.
Wharves, harbors and bridges — See Ch. 495.
This chapter shall apply to and be in effect within the parks, park approaches and areas under the control of the Commissioner of Parks as provided by Sections 202 and 203 of the Charter of the City.
[Amended 6-5-1990, effective 6-22-1990]
All festivals, commercial activities, military and other parades and funeral processions are prohibited in the parks and on park approaches except with the written permission of the Commissioner of Parks; provided, however, that the funeral of any person held from a building fronting on any park approach may proceed along such park approach.
No person shall play any music or keep or offer any article for sale, except as otherwise provided by law, or solicit passengers for hire or post or display any sign, placard, flag, banner, target, transparency or advertisement of any kind within any park or park approach without written permission of the Commissioner of Parks and then only subject to such rules and regulations as shall be prescribed by said Commissioner, which rules and regulations shall be subject to approval by the Common Council, and no person, firm, corporation or other organization shall erect any display, advertisement or other type of sign in the area of the Soldiers and Sailors Monument, particularly known as "Lafayette Square," except a cybernetic light display, or in the area of any of the other monuments or squares in the City. However, the Commissioner of Parks, in his discretion, may grant permission to erect a creche or crib which would commemorate the birth of Christ during the Christmas season December 10 to December 31 in the area known as "Lafayette Square" and may grant permission to erect a menorah in the area known as "Niagara Square" to commemorate the Hanukkah season for a period not to exceed 21 days. The Commissioner, in his discretion, may permit the installation of a torch at the extreme northwest corner and an obelisk-type progress indicator at the extreme southwest corner of Lafayette Square by the United Fund of Buffalo and Erie County during the period of its campaign, such period not to be in excess of 40 days. The Commissioner of Parks shall, as a condition to the granting of such permission, require, in an amount to be determined by him, a surety company bond holding the City harmless against loss and damage, claims, liens, proceedings and actions or a policy of liability insurance or evidence thereof, wherein the City is named as assured against damage arising out of said construction, obstruction or encroachment on or over any monument or square in the City. Said bond or policy shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller and filed with the Comptroller.
[Amended 5-29-2012, effective 5-29-2012]
No person shall make any ascent from any park or park approach in any balloon, aeroplane or other airship nor land therein from any balloon, airship or parachute.
The Director of Parks is authorized to allow the operation of up to three tethered hot air balloon rides at LaSalle Park on Saturday, June 23, 2012, and Sunday, June 24, 2012, subject to such terms and conditions as the Director shall find necessary and proper for the protection of the public, park property and the City.
The Deputy Commissioner of Parks is authorized to issue a special permit for the operation of a parachute drop at the Delaware Park Meadow on July 6, 2012, in connection with War of 1812 bicentenary observances. Such special permit shall be issued only to the person or organization performing the actual parachute drop and to none other, and shall be subject to such other terms and conditions as the Deputy Commissioner shall find necessary and proper for the protection of the public, park property and the City.
The Deputy Commissioner of Parks is authorized to issue a special permit for the operation by the United States Navy Leap Frogs of one parachute drop at the Buffalo Central Wharf on September 15, 2012, one parachute drop at the Buffalo Central Wharf on September 16, 2012, and one parachute drop at the Buffalo Zoo on September 16, 2012, in connection with Buffalo Navy Week celebrations. Such special permit shall be issued only to the person or organization performing the actual parachute drop and to none other, and shall be subject to such other terms and conditions as the Deputy Commissioner shall find necessary and proper for the protection of the public, park property and the City.
No person shall fire or discharge any gun, pistol, firearm or any rocket, torpedo or other fireworks of any description or carry any firearm in any park or parkway, unless upon written permission of the Commissioner of Parks.
No person shall engage in any sport, game or amusement or throw, cast, catch, kick or strike a ball or other missile in any park or park approach except upon such portions thereof as may have been designated for the purpose by the Commissioner of Parks and then only subject to such rules and regulations as may be prescribed by said Commissioner of Parks and approved by the Common Council. 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 the Common Council has, by resolution, required a permit or fixed a fee without first obtaining such permit or paying such fee.
No person shall hold a picnic in any park except at those places specifically designated therefor by the Commissioner of Parks.
Permits for the exclusive use of any picnic ground for any specified time, except Sundays and legal holidays, not longer than one day, may be granted by the Commissioner of Parks and no person shall in any manner disturb or interfere with any person or party occupying such picnic ground under the authority of such permit.
No person shall climb any tree or pluck any flower or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure or deface, write upon, defile or ill-use any tree, shrub, flower, flower bed, turf, ornament, statue, building, fence, bridge, structure or other property within any park or park approach or within any other area under the control of the Commissioner of Parks.
All trees on park approaches in front of any property upon which building operations are being carried on shall be properly boxed to protect the same during the progress of such work. No trench for any purpose shall be dug within five feet of any such tree, and the sidewalks and driveways shall not be located within three feet of any such tree, except as may otherwise be permitted by the Commissioner of Parks in writing.
No person shall, without the written permit of the Commission of Parks, cut, remove, plant, break or injure or post any sign or placard upon any tree or plant in any of the streets or public places in the City, nor shall any person injure or remove any device placed or intended to protect any tree or shrub in any of the streets or public places in the City. No person shall fasten a horse or other animal to any tree or shrub or to any device for the protection of the same or allow a horse to stand within five feet of any tree or shrub in any street or public place of the City.
The Commissioner of Parks shall have the power to enter upon any private grounds in the City and cause to be sprayed or otherwise treated any tree or shrub infected or infested or which is in danger of infection or infestation by any parasite or insect pest, when, in the opinion of the Commissioner, it shall be necessary so to do to prevent the breeding or spreading of any parasite or insect pest and to prevent danger therefrom to trees and shrubbery in the streets, parks, public places or on other private grounds in the City; and whenever, in the opinion of the Commissioner, trimming, treatment or cutting down of any such tree or shrub located on private grounds shall be necessary to prevent the breeding or spreading of any parasite or insect pest detrimental to vegetation, the Commissioner shall have the power to enter upon any private grounds in the City to trim, treat or cut down any such tree or shrub. Any such tree or shrub so cut down may be removed from such private grounds by the Commissioner upon notice to the owner thereof that such tree or shrub is diseased, infested or in danger of being infested by parasites or insect pests detrimental to trees, vegetation or shrubbery. The Commissioner of Parks shall have the power and authority to enter upon any private ground to inspect the same for the purpose of determining whether any parasites or insect pests detrimental to vegetation are present thereon or whether any elm tree wood or elm tree bark is located, stored, possessed or used thereon contrary to the provisions of Chapter 501, Article I, of the Code of the City, and said Commissioner shall have the further power to remove from any private grounds any elm tree wood or elm tree bark located, stored, possessed or used thereon contrary to the provisions of Chapter 501, Article I, of the Code of the City. No person shall prevent, hinder or interfere with the Commissioner of Parks or any agent or employee of the Department of Parks while in the discharge of the authority herein conferred.
No person shall take or attempt to take any fish from any of the waters of any park or park approach or send or throw any animal or thing into or upon any of the waters of the parks or park approaches, nor shall any person attempt to injure, molest, tease or frighten or unnecessarily disturb the fish in said waters or any water fowl or other birds or animals, wild or domestic, within any of the parks or park approaches or feed any animal in the zoo or throw anything whatever into an animal cage or enclosure within any of the parks or park approaches, nor shall any person rob or destroy the nest of any bird therein or in any manner torment, annoy or cruelly treat any bird or animal therein; provided, however, that fishing in conformity with the provisions of the laws of the State of New York shall be permitted in that portion of Cazenovia Creek lying within the boundaries of the City of Buffalo, in the Delaware Park Lake and at such other places as may be designated by the Commissioner of Parks. Such fishing, however, shall be restricted to persons under the age of 15 years and over the age of 60 years.
No person shall open a trench for any purpose or dig into or remove any part of any park or any part of a park approach outside of a roadway or sidewalk space without the written permission of the Commissioner of Parks, and no such digging or excavating shall be permitted in any of the roadways or sidewalk spaces of park approaches without the permission of the Commissioner of Public Works. The person to whom any such permit is granted shall complete the work and refill and replace all material disturbed by him in a substantial and workmanlike manner and remove all surplus material, if any remain, and leave the place where said work was done in as good condition as before said work was begun.
Every person doing any work pursuant to a permit granted under the authority of this section shall at all times, until such work is complete, guard and protect any opening made by him and any materials removed in such manner that persons driving or passing along the roadway or sidewalk in the vicinity of such work shall not be exposed to danger of accident therefrom and shall, during the time while such work is in progress, cause the same to be securely fenced and guarded and shall cause a sufficient number of red lights to be placed thereon and kept burning from sunset to sunrise of each night.
The location, width, grade and construction of all paths, driveways and roadways across any sidewalk along any park approach shall be subject to the approval of and shall be constructed only after written permission therefor is obtained from the Commissioner of Parks and the Commissioner of Public Works.
The location of all sewers and receivers, gas and water pipes, valve boxes, hydrants, lampposts, telegraph, telephone and electric power posts, lines and equipment and all conduits and manholes shall be subject to the control of the Commissioner of Parks if outside the space used or necessary for use as roadways or sidewalks and of the Commissioner of Public Works if within any such space, and their construction, erection, repair or relocation shall be begun only upon the written approval of the Commissioner of Parks or the Commissioner of Public Works as the case may be.
It shall be the duty of the owner or occupant of any premises abutting upon any park approach to cause the sidewalks in front of or adjacent thereto to be kept clear of snow, ice, dirt and obstructions and to cause all snow and ice to be removed therefrom before 9:00 a.m. of each day.
[Amended 5-27-1997, effective 6-9-1997; 6-5-2003, effective 6-6-2003]
No person shall deposit, dump, throw or place any earth, rubbish, dust, manure, paper, garbage or other refuse matter or any sand, stone, lumber or material of any kind in or upon any part of the water or grounds of any park or park approach, except ashes, garbage and rubbish, which may be placed at the curb or margin of the driveway on any park approach upon the days designated by the Commissioner of Public Works, Parks and Streets for collection from the premises in front of which the same are placed, without a permit from the Commissioner of Public Works, Parks and Streets, and all such permits if given for building purposes shall be granted to the owner or occupant of the property to be built upon or to his authorized agent. Such permit shall be conditioned that such material shall be properly guarded and a red light conspicuously displayed thereon between sunset and sunrise. No permanent damage shall be done to any improvement on any park approach, and all temporary damage or obstructions of any kind shall be made good or removed before the expiration of the time stated in such permit.
No person shall throw, cast, lay, drop or discharge into or leave in the waters used for bathing or waters in a park or park approach or a storm sewer or drain flowing into said waters a substance, metal, liquid or solid which may or shall result in the pollution of said waters.
No person shall throw, cast, lay or deposit a bottle, a piece of crockery, glass or glassware or any part thereof or metallic or other substance with sharp edges or projections in any park or park approach.
Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class D fine in the amount of $75. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law.
No animals, except those placed in the parks by the authority of the Commissioner of Parks, except horses used for riding and driving, shall be conducted into or driven in or upon the park or parkways or be allowed to remain therein.
No person shall use, ride or drive a horse in any park or park approach unless it shall be well broken and constantly held in control so that it may be easily or quickly turned or stopped nor permit any horse to be unbridled or left unattended in an unenclosed space without being securely fastened. Equestrians shall confine their mounts to bridle paths or such other areas as may be designated for such use. No equestrian shall ride his mount at a pace faster than a canter or in a manner so as to endanger or molest other persons.
Except as provided in Subsection E hereof, no person shall permit any animal to run at large in a City park or park approach. However, a domestic dog or cat, which is securely restrained with a collar and leash, may be walked when such leash is held by the person in control of the dog or cat at all times. Violation of this Subsection C shall be punishable by a fine of up to $100.
[Added 3-19-1991, effective 3-28-1991; amended 5-26-2009, effective 6-8-2009]
No person lawfully walking a domestic dog or cat in a park or park approach pursuant to Subsection C above shall permit any animal excrement from said domestic dog or cat to remain on park land or park approach but shall scoop up the same and remove it in a closed container. Violation of this Subsection D shall be punishable by a fine of up to $100.
[Added 3-19-1991, effective 3-28-1991]
[Added 5-26-2009, effective 6-8-2009]
Any person who owns, controls or possesses a dog may allow it to be unrestrained in such areas and facilities specifically designated by the Commissioner of Public Works, Parks and Streets of the City of Buffalo as dog parks, which are specifically designed for the use and enjoyment of unrestrained dogs. It shall not be a violation of this section for dogs to run free in areas specifically designated as dog parks by the Commissioner, unless the dog park is closed by order or directive of the Commissioner or by operation of the City Code.
Persons in control of dogs allowed to be off the leash in such dog parks must maintain and provide, on demand, proof of current dog licensure and current rabies vaccination when dogs are allowed to be off the leash.
[Amended 7-24-2012, effective 7-24-2012]
No animal used for riding or driving nor a vehicle of any description shall be allowed upon any part of the parks or park approaches except upon the drives, concourses, the bridle path or other places set apart for horses and vehicles, nor shall any vehicle be allowed upon any footpath, walk or bridle path.
The Deputy Commissioner of Parks and Recreation may authorize the issue of limited use permits to owners of privately owned golf carts for use only on the Cazenovia Golf Course or the South Park Golf Course on the following conditions:
That the applicant must present proof that the applicant is the current holder of a valid handicapped parking permit issued by a municipal government of the State of New York or a senior citizen identification card issued by a municipal government in New York State;
That the applicant was a holder of a permit from the Olmsted Park Conservancy for use of such golf cart during the year 2011 or prior;
That the applicant purchase a seasonal golf permit for the current golf season;
That the applicant shall present a certificate of insurance evidencing that the permit holder has general liability insurance in a minimum sum of $1,000,000, and further naming the City of Buffalo and naming the Buffalo Olmsted Parks Conservancy as additional insureds;
That the permit holder shall execute an agreement to defend, indemnify and hold harmless the City of Buffalo and the Buffalo Olmsted Parks Conservancy against any and all claims arising from the permit holder's operation of such permitted golf cart on City property;
That the permit holder shall be the exclusive operator of such golf cart when on City property;
That such golf cart shall be operated only on the designated golf course during otherwise permitted play, and within the parking facility for purposes of loading and unloading such golf cart on its transport vehicle, but not upon any park drive, park approach, park road or any other park path or grounds of any nature not designated as part of a golf course;
That such permit shall not be transferable and shall be revoked upon violation of any of the conditions enumerated in this section;
Permits granted pursuant to this subsection shall be renewable in subsequent years, but no new permits shall be issued.
No person shall operate, row or paddle a boat or canoe in or upon waters under the jurisdiction of the Commissioner of Parks unless able to control or handle the same with safety to himself and other occupants thereof nor in such manner as to annoy or endanger occupants of other boats or canoes. No person shall stand up in or rock any rowboat or canoe.
No person, except those in the employ of the Department of Parks, shall, without written permission from the Commissioner of Parks, place upon the waters in any park any float, boat or other watercraft or land or go upon any of the islands of the lakes or land or touch with a boat any part of the shore of the lakes not designated as a landing place, nor shall any person walk upon or in any manner use or occupy the slopes between the waterline of the lake and the footpaths nearest thereto.
No person shall bathe, wade or swim in any waters under the jurisdiction of the Commissioner of Parks except at such times and in such places as said Commissioner may designate or maintain as bathing areas and unless so covered with a bathing suit as to prevent indecent exposures of the person. No person shall dress or undress in any park or park approach except in such places as may be designated or maintained for that purpose.
No person shall skate, sled, walk or go on ice on any waters under the jurisdiction of the Commissioner of Parks except at such times and in such places as may be designated therefor and until such ice is declared by or under the authority of the Commissioner of Parks to be in a safe condition therefor and is so designated.
No person shall in any park or park approach coast with handsleds, bobs, carts or other vehicles, on wheels or runners, except at such times and upon such places as may be designated or maintained therefor.
No person shall take down, climb over, interfere with, disturb or dispose of a rail, post, board, chain of a fence enclosing a park or a portion thereof.
No person shall kindle, build, maintain or use a fire in any park or park approach except under a permit or in a fireplace provided therefor. A fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
All persons using the rest rooms and washrooms, buildings and grounds under the jurisdiction of the Commissioner of Parks shall cooperate to keep the same in a neat and sanitary condition at all times by not littering or otherwise dirtying the same.
No parent, guardian or custodian of a minor shall permit or allow such minor to do any act in a park or park approach prohibited by any of the provisions of this chapter.
[Amended 5-27-1997, effective 6-9-1997; 11-3-1999, effective 11-17-1999; 6-5-2003, effective 6-6-2003]
The parks, playgrounds and public school grounds shall be closed each night between sunset and sunrise the following morning, unless otherwise ordered by the Commissioner of Parks, and no person shall lounge about or remain in any of the parks, playgrounds and public school grounds during the hours when so closed. These prohibitions shall not apply to Cazenovia, Delaware, Front, LaSalle, Martin Luther King, Jr., Riverside and South Parks, which shall be closed each night between 10:00 p.m. and sunrise the next morning. These prohibitions shall also not apply to LaSalle Park, Broderick Park, the foot of Ontario Street and the foot of Hertel Avenue, which shall remain open 24 hours a day for fishing purposes.
Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class C fine in the amount of $52.50. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law.
No provision of this chapter shall make unlawful any act necessarily performed by any police officer or employee of the City of Buffalo in the line of duty or work as such or by any person in the proper and necessary execution of the terms of any agreement with said City of Buffalo.
Any act prohibited by this chapter, provided that such act is not otherwise prohibited by law or ordinance, shall be lawful if permitted under, by virtue of and strictly within the provisions of a permit issued by the Commissioner of Parks and/or the Commissioner of Public Works to do so and to the extent authorized thereby.
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 or ordinance. Any violation of any term or condition thereof shall constitute grounds for its revocation by the Commissioner of Parks or by his authorized representative, whose action thereon shall be final.
[Amended 5-16-2000, effective 5-30-2000; 4-16-2002, effective 4-26-2002]
The fees to be charged and collected by the Commissioner of Parks for the use of golf courses and other recreational facilities under his jurisdiction are hereby fixed as provided in Chapter 175, Fees. For park events that do not generate a profit, the Commissioner shall have the authority to classify the type of event and determine which fee, if any, should be charged. The Commissioner may waive the fee for the use of the bandshell if the event satisfies one or more of the following criteria:
For park event:
It is nonreligious and staged within a park or playground, including Niagara Square.
It provides a legitimate public benefit and is free to the general public.
It is initiated by the Mayor's office or other City department or agency.
It is cosponsored by the Mayor's office or other City department or agency.
The Commissioner of Parks is hereby authorized to adopt rules and regulations for the proper conduct and administration of the parks and park system of the City of Buffalo, subject to the approval of the Common Council, and to grant permits in conformity with the provisions of this chapter.
Subject to the directions of the Council, jurisdiction over the grounds within the curbing of the center strips in the following streets is in the Department of Parks:
It shall be the duty of the Commissioner of Parks to cause said center strips to be improved by seeding, the planting of flowers, ornamental plants, shrubs or trees and to cause the grass, flowers, plants, shrubs and trees therein to be watered, trimmed, cultivated or otherwise cared for, as in his judgment is necessary and appropriate, and to cause the expense and other care to be defrayed by local assessment upon the parcels of land benefited thereby.
[Amended 5-28-1991, effective 6-11-1991]
Aldrich Avenue between McKinley Parkway and South Park Avenue, South Park Avenue between the City line and Downing Street, Downing Street between South Park Avenue and McKinley Parkway, Abbott Road between McKinley Parkway and Lee Street, Lee Street between Abbott Road and Elk Street, Elk Street between Lee Street and Peabody Street, Peabody Street between Elk Street and Seneca Street, Seneca Street between Peabody Street and Smith Street, Smith Street between Seneca Street and Fillmore Avenue, Fillmore Avenue between Smith Street and Humboldt Park, Amherst Street between Colvin Avenue and Elmwood Avenue, Elmwood Avenue between Amherst Street and Hertel Avenue, Hertel Avenue from Elmwood Avenue to Niagara Street, Niagara Street from Hertel Avenue to Riverside Park, Nottingham Terrace between Elmwood Avenue and Delaware Park and Forest Avenue from Rees Street to Lincoln Parkway are hereby designated as park approaches and a part of the park system of the City of Buffalo.
Editor's Note: This ordinance was passed over the Mayor's veto by the Common Council 6-11-1991.
The Commissioner of Parks or his duly authorized agent may enter upon any private property in the City of Buffalo, subject to Subsection A(2) below, for the purpose of inspecting the condition of any trees located on such property.
Unsafe or hazardous trees. Any tree which is diseased, dead, unsafe or otherwise in a hazardous condition so as to be a danger to persons or property shall be trimmed or removed as required by the condition of the tree.
When the Commissioner of Parks or his duly authorized agent shall determine that a tree is a danger to persons or property, he shall immediately serve a notice and an order upon the owner or tenant of such property.
Said notice shall contain a description of the premises, a statement of the particulars in which the tree is unsafe or dangerous or otherwise a violation of this section and an order of the Commissioner of Parks or his duly authorized agent requiring said tree to be trimmed or removed.
The aforementioned notice by the Commissioner of Parks shall be served in either of the following manners:
Any person affected by any notice or order which has been issued in conjunction with the enforcement of this section shall be granted a hearing on the matter before the Commissioner of Parks or his duly designated hearing officer if such person shall file in the office of the Commissioner of Parks within five days after the notice or order was served a written petition requesting such a hearing and setting forth a statement of the grounds for such request. Upon receipt of such request for a hearing, the Commissioner of Parks shall set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held not later than 10 days after the day on which the petition was filed. The Department may postpone any hearing for a reasonable time upon good cause shown by the petitioner.
At any such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice or order should be modified or revoked.
If the owner or any person submits evidence at such hearing before the Commissioner of Parks or duly designated hearing officer, the Commissioner of Parks or his duly authorized agent shall thereafter make a further determination which shall:
In the event that the Commissioner of Parks or his duly authorized agent shall affirm or modify his original determination, notice thereof shall be served upon those who appeared at the hearing in the manner prescribed by Subsection D of this section within three days after the hearing, and the order to trim or remove in the original notice shall remain in full force and effect subject only to those specifications modified pursuant to this section. A notice shall be sent to the person who appeared at the hearing if the Commissioner's order is vacated.
Failure to comply. If the owner or tenant of the premises described in said notice shall thereafter fail to comply with the original notice or with the original notice as modified pursuant to Subsection E of this section, as the case may be, within 30 days from the service of said original notice, the City of Buffalo shall cause said tree to be trimmed or removed as may be determined in the discretion of the Commissioner of Parks, and all costs and expenses incurred by the City in connection with the proceedings to trim or remove such tree, including the cost of actually removing or trimming the same, shall be assessed against the land on which such tree is located.
Emergency conditions. Where the Commissioner of Parks or his duly authorized agent determines that the tree is in such a hazardous condition that the public safety requires immediate action, the Commissioner or his duly authorized agent shall order the owner or occupant to immediately make the tree safe and secure or remove it; and in case the owner or occupant shall neglect or refuse to do so, the Commissioner or his duly authorized agent shall have power to enter upon the premises with such assistance as may be necessary and cause said tree to be made secure or taken down without delay, and the reasonable expense thereof shall be the responsibility of the property owner and may be assessed upon the premises upon which said tree was located.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- To control the operation of a snowmobile.
- A person who operates or is in actual control of a snowmobile.
- A self-propelled vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.
Regulations. It shall be unlawful for any person to operate a snowmobile under the following circumstances:
On private property of another without the express permission to do so by the owner or occupant of said property.
On public school grounds, park property, playgrounds, recreational areas and golf courses.
In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person.
Exceptions to regulations. Notwithstanding the prohibitions of this section, the Commissioner of Parks shall have authority to supervise and regulate events or programs in connection with events conducted or authorized by the Parks Department in which snowmobiles are used. The Parks Commission shall have the authority to designate City park areas that he shall deem available for the use of snowmobiles.
Equipment required. All snowmobiles operated within the City shall have the following equipment:
Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cutout, bypass or similar device on said vehicle.
Adequate brakes in good working condition and at least one headlight and one taillight.
A safety or so-called "dead-man" throttle in operating condition; a "safety or dead-man throttle" is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from driving track.
Unattended vehicles. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or with the keys for starting the vehicle left in the ignition.
No person shall carry, bring, utilize or possess a glass bottle or glass container of any kind in any park or park approach, unless upon written permission of the Commissioner of Parks.
The Buffalo Softball League shall file an annual report of operations and finances, including a certified audit, on or before February 28 of each year with the Common Council and the Commissioner of Parks.
The Commissioner of Parks shall file an annual report of the operations of the Buffalo Softball League on or before February 28 of each year with the Common Council or more frequently if the Commissioner determines that such reports are necessary to bring difficulties or problems to the attention of the Common Council.
[Added 6-9-1992, effective 6-23-1992; amended 4-1-1997, effective 4-11-1997]
No person shall erect a tent or any kind of temporary structure in a City park or open space without the permission of the Common Council. The Common Council may impose reasonable conditions, including setting the duration for the erection and maintenance of tents or other temporary structures and such conditions as recommended by the Special Events Advisory Committee for tents and other temporary structures permitted in a special event, as defined in § 414-2 of this Code, for the purpose of protecting the health, welfare and safety of the public and persons and property in the area. For a special event, as defined in § 414-2 of this Code, the Special Events Advisory Committee shall set forth reasonable conditions for the erection, maintenance and dismantling of a tent or other temporary structure permitted for a special event; provided, however, that no tent or temporary structure erected for a special event may remain erect for longer than 15 days unless extended by the Common Council.
[Added 6-26-2001, effective 7-6-2001; amended 9-7-2004, effective 9-17-2004]
No person shall operate a motor vehicle within a park in a reckless manner or that creates a hazardous or physically offensive condition, or that unreasonably alarms or annoys another person using the park. Prohibited conduct shall include operating a motor vehicle in proximity to pedestrian or other users of the park by crossing over any pavement markings that separate pedestrian non-vehicular areas from vehicular areas or otherwise operating a vehicle in a manner so as to endanger or create a risk of injury to users of the park; and operating a motor vehicle adjacent to areas designated for pedestrian or non-vehicular use in excess of the posted speed limit in the park. Violations of this section shall be punishable by a fine or a penalty as provided in § 1-15 of the Code of the City of Buffalo.
No person shall operate an all-terrain vehicle (ATV), or any vehicle that is not street legal within a park at any time unless said ATV, or any vehicle that is not street legal, is operated by government officials, the Buffalo Police Department, the Erie County Sheriff's Department, the New York State Police Department, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms and Explosives. Violations of this section shall be punishable by a fine or a penalty as provided in § 1-15 of the Code of the City of Buffalo.