[HISTORY: Derived from Art. VI of Ch. VI of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
GENERAL REFERENCES
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]
A.
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.
B.
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.
C.
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.
[Added 9-4-2012]
D.
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.
[Added 9-4-2012]
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.
A.
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.
B.
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.
A.
No person shall hold a picnic in any park except at those places
specifically designated therefor by the Commissioner of Parks.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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]
D.
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]
E.
Exceptions:
[Added 5-26-2009, effective 6-8-2009]
(1)
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.
(2)
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]
A.
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.
B.
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:
[Amended 5-14-2013]
(1)
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;
(2)
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;
(3)
That the applicant purchase a seasonal golf permit for the current
golf season;
(4)
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;
(5)
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;
(7)
That the permit holder shall be the exclusive operator of such golf
cart when on City property;
(8)
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;
(9)
That such permit shall not be transferable and shall be revoked upon
violation of any of the conditions enumerated in this section;
(10)
Permits granted pursuant to this subsection shall be renewable
in subsequent years, but no new permits shall be issued.
A.
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.
B.
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.
A.
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.
B.
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]
A.
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.
[Amended 12-13-2011]
B.
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.
A.
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.
B.
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:
A.
For park event:
(1)
It is nonreligious and staged within a park or playground, including
Niagara Square.
(2)
It provides a legitimate public benefit and is free to the general
public.
(3)
It is initiated by the Mayor's office or other City department or
agency.
(4)
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.
A.
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:
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Academy Road
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Bedford Avenue
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Beverly Road
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Culver Road
| |
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Donaldson Road
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Dorchester Road
| |
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Duane Terrace
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Fordham Drive
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Harding Road
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Larchmont Road
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Brunswick Boulevard
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Capen Boulevard
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Chatham Drive
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Penhurst Park
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Radcliffe Road
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Ridgewood Road
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Roanoke Parkway
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Seminole Park
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Shenandoah Road
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Shoreham Parkway
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Linden Park
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Middlesex Road at Delaware Avenue
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Middlesex Road at Elmwood Avenue
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Minnesota Avenue
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North Lincoln Boulevard
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Norway Park
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Pelham Drive
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St. Catherine's Court
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St. Mary's Road
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Tuscarora Road
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University Avenue
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Viola Park
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Voorhees Avenue at North Drive
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Willowlawn
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B.
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.
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.
[1]
Editor's Note: This ordinance was passed over the Mayor's
veto by the Common Council 6-11-1991.
A.
B.
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.
C.
Notice.
(1)
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.
(2)
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.
D.
Service.
(1)
The aforementioned notice by the Commissioner of Parks shall be served
in either of the following manners:
E.
Hearing.
(1)
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.
(2)
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.
(3)
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:
(4)
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.
F.
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.
G.
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.
A.
OPERATE
OPERATOR
SNOWMOBILE
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.
B.
Regulations. It shall be unlawful for any person to operate a snowmobile
under the following circumstances:
(1)
On private property of another without the express permission to
do so by the owner or occupant of said property.
(2)
On public school grounds, park property, playgrounds, recreational
areas and golf courses.
(3)
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.
(4)
In a careless, reckless or negligent manner so as to endanger the
safety of any person or the property of any other person.
C.
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.
D.
Equipment required. All snowmobiles operated within the City shall
have the following equipment:
(1)
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.
(2)
Adequate brakes in good working condition and at least one headlight
and one taillight.
(3)
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.
E.
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.
A.
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.
B.
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]
A.
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.
B.
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 agents or officials in their official capacity. 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, and any interested party attempting to retrieve said vehicle must also pay all towing and storage fees, and any court costs associated with the illegal use of said vehicles.
[Amended 10-29-2019, effective 10-29-2019]
