The provisions set forth herein shall apply
to and be in effect in all parks under the control, supervision and
jurisdiction of the Department of Parks of the County of Monroe.
The following terms shall have the meanings
indicated in this section:
COUNTY EXECUTIVE
The chief elected or appointed executive officer and administrative
head of the County government of the County of Monroe.
LAW ENFORCEMENT OFFICER
Any police officer, peace officer, sheriff's deputy, New
York State trooper or any other law enforcement official of the County
of Monroe, State of New York,federal government, City of Rochester,
any town or village within the County of Monroe or any other applicable
jurisdiction, having jurisdiction or authority to enforce this chapter.
OFF-LEASH AREAS (DOG PARKS)
An area or tract of land within the County of Monroe designated
by the Parks Director to be a place in which a dog or dogs are not
required to be under restrain and may run at large.
[Added 9-9-2003 by L.L. No. 11-2003,
approved 9-25-2003]
PARK
The grounds, buildings thereon, waters therein and any other
property necessary for the operation thereof and constituting a part
thereof, which is now or may hereafter be maintained, operated and
controlled by the County of Monroe for public park purposes.
PERSON
Any individual, firm, partnership, corporation or association
of persons, and the singular number shall include the plural.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported or drawn upon a highway.
Downhill skiing within County parks shall be permitted only in areas designated for that purpose and in accordance with rules and regulations promulgated by the Director pursuant to §
323-33 below.
Tobogganing and sledding within County parks shall be permitted only in areas designated for that purpose and in accordance with rules and regulations promulgated by the Director pursuant to §
323-33 below.
Other activities in County parks not specifically regulated hereunder shall be subject to rules and regulations promulgated by the Director pursuant to §
323-33 below. Nonobservance of such rules and regulations shall be subject to such penalties as may be set forth therein.
[Amended 10-12-1994 by L.L. No. 7-1994, approved 10-31-1994]
A. A "snowmobile" shall be defined as any self-propelled
vehicle designed for travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts or cleats.
B. No person shall operate any snowmobile within a park except in accordance with this subsection. Snowmobiling shall be permitted during the period from December 1 to April 1, only in Churchville Park and only in areas designated for that purpose by the Director of Parks and in accordance with rules and regulations, if any, promulgated by the Director of Parks pursuant to §
323-33 below. An annual report summarizing the above activities shall be submitted by the Director of Parks to the Clerk of the Legislature by July 1 for the preceding 12 calendar months.
[Amended 11-14-1996 by L.L. No. 10-1996, approved 12-11-1996]
C. No person shall operate any motor-powered off-road or limited-use vehicle in any part of a park, except that off-road or limited-use vehicles properly registered in accordance with the New York State Vehicle and Traffic Law may be operated on park roads and parked in park parking lots in accordance with the provisions of §
323-17. Off-road or limited-use vehicles shall include, but are not limited to, four-wheel-drive vehicles; vehicles equipped for operation in or on sand, mud, snow, gravel or wetland; dune buggies; motorcycles or minibikes equipped for off-road usage; dirt bikes; or any similar type of vehicle or conveyance.
D. Nonobservance of section.
[Amended 11-12-1996 by L.L. No. 9-1996, approved 12-11-1996]
(1) The first failure to obey the provisions of this section shall constitute a violation. Upon probable cause that a violation has occurred, the law enforcement officer with jurisdiction may, at the time the violation is committed, seize, tow and impound the vehicle. Upon the impounding of the vehicle, the law enforcement agency with jurisdiction shall notify the owner thereof, within five days or less, of the seizure and impounding of the vehicle and the cost of redemption. The owner of the vehicle may, within 90 days thereafter, redeem the vehicle by payment, in full, of the expenses of seizure, towing and storage. The second and all subsequent failure(s) to obey the provisions of this section shall constitute Class B misdemeanors. In either case, upon conviction of a violation of this section, a court may impose upon a defendant any or all of the penalties the Penal Law or §
323-36 authorizes.
(2) Upon a defendant's conviction of a Class B misdemeanor
hereunder, a court may also impose the forfeiture of the vehicle involved.
Prior to issuing such an order of forfeiture, the court must find:
(a)
The instant conviction is the defendant's second
or subsequent offense, under this section; and
(b)
That the defendant is the owner of the vehicle
involved or, if the defendant is not the owner, the specific vehicle
itself has, on at least one prior occasion, been used in violation
of this section.
(3) The court shall transmit the order of forfeiture to
the office of the County Attorney, who may, upon receipt of said order,
promptly commence forfeiture proceedings against the vehicle in the
name of the County.
(4) Forfeiture proceedings are in rem civil actions. They are grounded on the misdemeanor conviction(s) described in Subsection
D(2). They must be commenced within one year of the receipt of the court's order of forfeiture. The proper court for such actions is the Supreme Court, Monroe County. All the applicable provisions of the Civil Practice Law and Rules, and particularly Article 13A thereof, shall govern the procedures in such forfeiture action(s) and, insofar as such procedural provisions do apply, they are incorporated herein by reference.
(5) Proceeds from the auction, sale or other disposition
of seized/forfeited vehicles shall be distributed as provided in Local
Law No. 4 of 1987, except that the claiming authority designated herein
shall retain 15% of the gross proceeds realized to defray costs and
expenses incurred in the preparation and litigation of forfeiture
actions.
(6) The seizure/forfeiture authority granted herein is
permissive, not mandatory, and should be exercised in the interests
of justice. The Director of Parks shall post public notices of the
risk of seizure/forfeiture of such vehicles for violation of this
section at appropriate locations within the County Parks systems.
[Added 12-15-1992 by L.L. No. 8-1992, approved 12-30-1992]
Notwithstanding any other provision of this
chapter to the contrary, the County Legislature may, by resolution,
after a public hearing before the County Legislature, authorize the
implementation of a Wildlife Management Plan in Durand Eastman Park,
which plan may include the discharge of firearms and the use of other
instruments for the purpose of taking wildlife or the administering
immunol-contraceptive materials as specified in the Wildlife Management
Plan. Such public hearing on such plan shall be held after five days'
notice which shall be published at least once in one newspaper of
general circulation in the County.
[Amended 5-9-2023 by L.L. No. 5-2023]
A. No person
shall use, carry, transport or sell within a park any marijuana, narcotic
drug, hallucinogen or controlled substance as defined in § 220.00,
or drug paraphernalia as defined in § 220.50 of the New
York State Penal Law. Violations of this section will be prosecuted
in accordance with the New York State Penal Law. Violators will be
subject to the penalties prescribed therein.
B. No person
shall use an electronic cigarette, as that term is defined in New
York State Public Health Law § 1399-aa, within 1) 100 feet
of a County-operated lodge or shelter currently being rented and occupied
within a park, or 2) 100 feet of a County-operated playground, beach,
aquatic area, concession area, garden, carousel, or zoo within a park.
This provision shall not apply to County employees or employees contracted
to work for the County within outdoor areas of a park that are 1)
not open to the public (e.g., park maintenance areas), and 2) designated
by the County for such use.
[Amended 4-28-1987 by L.L. No. 2-1987,
approved 5-21-87]
A. Legislative findings and conclusions. The Monroe County
Legislature finds that the consumption of alcoholic beverages in certain
areas of the parks within the County of Monroe contributes to the
creation of a nuisance, including but not limited to raucous and other
disorderly behavior which poses a hazard to citizens using those areas
of the parks. Similarly, possession of open and unsealed containers
of alcoholic beverages and consumption of alcoholic beverages within
the indicated areas of the parks contributes to littering and resultant
unsanitary conditions which pose health hazards and otherwise blights
the parks to the detriment of citizens who use the park. In addition,
the consumption of alcoholic beverages by park users who operate vehicles
to and from the parks contributes to the incidence of driving while
under the influence of alcohol which is itself an offense and which
poses a hazard to all citizens using the public highways. The specific
legislative purpose of this section is to maximize the safe and enjoyable
use of the park by all members of the public.
B. No person shall consume any alcoholic beverage in
or within 50 feet of any roadway, parking lot, waterway, beach area,
playground, path or trail.
C. No person shall possess an opened container of an alcoholic beverage in or within any of the areas specified in Subsection
B of this section, with intent to consume an alcoholic beverage. The Legislature finds that the open condition of a container containing alcoholic beverages within the areas specified in Subsection
B of this section is strong evidence of an intent to consume by the person possessing the opened container. The Legislature further finds that there is a strong correlation between possession of open containers of alcoholic beverages within the areas described in Subsection
B of this section and the problems described in Subsection
A of this section.
D. No person shall possess or transport or bring beer
into a park in a draught dispenser without a permit from the Director
of Parks, with intent to consume therein.
E. No person shall possess, transport or bring into a
park more than six twelve-ounce containers of beer without a permit
from the Director, with intent to consume therein.
F. No person shall possess, transport or bring into a
park more than 32 ounces of liquor, other than beer, without a permit
from the Director, with intent to consume therein.
G. No person shall become or be in an intoxicated condition
while in the parks, and while in an intoxicated condition disturb
the peace, comfort and decency of the parks.
H. No person shall possess, place in plain view of others
or drink an alcoholic beverage in a location specifically designated
by the Director as an area where alcoholic beverages are prohibited,
or transport or bring an alcoholic beverage into such area. The Director
may designate areas other than those already designated herein as
nondrinking areas.
I. In any proceeding under this section, a container
shall be presumed to contain an alcoholic beverage when a label affixed
thereto indicates with words "beer," "whiskey," "rum," "gin," "liquor,"
"sherry" or "vodka" or other commonly known types of alcohol or which
label designates an alcoholic proof content.
J. The Director of Parks is hereby authorized to issue permits, as set forth in §
323-32 below, for the transportation and consumption of alcoholic beverages in County parks, and to promulgate rules and regulations, pursuant to §
323-33 below, regarding the consumption of alcoholic beverages in County parks.
K. The posting of signs in areas designated as nondrinking
areas by the Director of Parks shall not be required.
L. Nonobservance of this section shall constitute a violation.
[Added 4-9-2002 by L.L. No. 2-2002,
approved 5-6-2002]
A. Whenever, pursuant to §
323-36C of this chapter, the Director intends to impose a civil penalty for a violation, he shall give the alleged violator a right to a hearing.
B. The Director shall give notice to the alleged violator
by certified mail, return receipt requested, that he intends to impose
a civil penalty, within 15 days of the date of the notice, unless
the alleged violator requests, within 15 days of the notice, in writing,
a hearing. The Director's notice shall further state the basis for
the civil penalty. Where the alleged violator requests a hearing,
he shall specify, in his request, the reason why a civil penalty should
not be imposed.
C. Written notice of the time and place of the hearing
shall be served upon the alleged violator by the Director by first-class
mail by at least 10 days prior to the date set for the hearing. A
hearing shall be scheduled within at least 60 days of a request for
such hearing.
D. At the hearing, the alleged violator shall have the
right to confront and examine witnesses and present evidence on his
own behalf. After the hearing, the Director shall issue a written
decision setting forth his findings and determinations.
E. In the event that the alleged violator fails to request
a hearing, the Director shall have the right to impose a civil penalty
prescribed for the violation.
F. The Director shall not seek to impose a civil penalty
more than three years after the occurrence of the acts forming the
basis of the violation.
The Director of Parks shall make reasonable
efforts, within appropriations made available therefor, to reproduce,
post, make available, distribute and publicize this law.