[HISTORY: Adopted by the Town Board of the Town of Onondaga 7-21-1971 by L.L. No. 4-1971. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The term shall include a park or any other area owned or used by the Town of Onondaga or any park district therein which is open to the public and devoted to active or passive recreation.
- Any written license issued by or under the authority of the Town Board or its officers or employees permitting the performance of a specified act or acts or the conduct of a particular function, program or activity.
- Any person, corporation, company, association, joint-stock association, firm, copartnership or other entity or form of association.
- Any vehicle propelled by power other than muscular power.
The following acts are prohibited, and no person shall:
Injure, deface, disturb or befoul any part of the park or any building, sign, equipment or other property therein, or remove, injure or destroy any tree, flower, shrub, rock or other mineral found therein, or post any advertising or any other object upon trees or anywhere in the parks.
Interfere with any lamp, lamp post or electric-light apparatus, or extinguish the light therein, except upon proper authority.
Build any fire, except in a suitable container which shall be under the care of a competent person until extinguished; or set fire or assist another to set fire to any timber, trees, shrubs, grass, leaves, growth or any other combustible material or cause any fire upon other land to extend onto any part of the park.
Throw, cast, lay, drop, discharge, deposit, bring into or leave in any part of the park any garbage, sewage, refuse, waste, litter, rubbish or other obnoxious material other than in receptacles or pits provided for such purpose. When receptacles or pits are not provided, all litter, etc., shall be carried away from the park by the person responsible for its presence and properly disposed of.
Drive or propel, or cause to be driven or propelled, along or over any road within the park, any vehicle at a greater rate of speed than 15 miles per hour.
Park, store or drive any motorcar, bicycle, wagon or other vehicle within the park except on the roadways or in the places designated for such purposes; or operate any such vehicle in the park after dark without lights; or park or operate any vehicle in the park during hours the park is closed. No snowmobiles or motorcycles shall be allowed at any time in any part of the park except upon authorization of the Town Board.
[Amended 7-18-1977 by L.L. No. 3-1977]
Sell or offer for sale any object or merchandise or any other thing unless a permit is first obtained therefor.
Gamble in the park or bring into the park or have in his possession while in there any implement or device commonly used or intended to be used for gambling purposes.
No person owning, harboring, keeping or in charge of any dog, cat or other domesticated animal shall bring or permit any such animal to be brought into nor allow such animal to run in any Town park at any time, except for trained guide dogs for the blind that accompany and provide assistance to such individuals, which dogs are expressly exempt from all provisions hereunder.
[Amended 7-19-2004 by L.L. No. 2-2004]
Horseback riding shall not be allowed in any part of the park at any time except upon authorization of the Town Board.
Use loud, boisterous or indecent language or interfere with any officer of the park, Town, county or state in the performance of his duty.
Introduce or carry any firecrackers or fireworks or throw, cast, kick or strike any baseball, golf ball, football, basketball or other object except in places designated therefor.
Bring into the park or have in his possession therein any rifle, shotgun, air gun, spring gun, slingshot or other instrument or weapon in which the propelling force is a spring or air; or any bow and arrow, except when used for recreation purposes in connection with authorized or approved archery under a Town recreation program.
Engage in, instigate, aid or encourage a contention or fight.
Loiter or remain within the park or any part thereof in a vehicle or otherwise after the posted closing hours at such park without general or special permission.
Make or cause to be made any loud noise whether or not by mechanical or artificial means, such that said noise causes an unreasonable annoyance or disturbance to any person.
[Added 5-19-1980 by L.L. No. 5-1980]
Drink, have in his or her possession or bring into the park any alcoholic beverage.
[Added 5-19-1980 by L.L. No. 5-1980; amended 4-6-1987 by L.L. No. 4-1987]
[Amended 5-19-1980 by L.L. No. 5-1980]
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from 9:00 a.m. to 9:00 p.m. unless otherwise designated by the Town Board.
Permits to use parks.
Groups of 25 or more persons shall apply for a permit prior to the day requested.
[Amended 4-6-1987 by L.L. No. 4-1987]
Application shall be filed with the Director of Parks and Recreation providing such information as may reasonably be necessary for a fair determination as to whether or not a permit should be issued.
The Town Board, Director of Parks and Recreation or their designated representatives shall issue a permit when it is found that:
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
The proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation.
The facilities desired have not been reserved for other use on the day and at the hour requested in the application.
A refundable deposit may be required to be posted as security against littering and damage to park facilities at the discretion of the Town Board, Director of Parks and Recreation or their designated representatives in an amount to be determined in view of the circumstances of the application.
Liability insurance may also be required for groups using the park facilities.
Effect of a permit:
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of negligence of the person or persons to whom such permit has been issued. The permittee shall also be responsible for any littering or damage done to any physical properties therein.
The Town Board, Director of Parks and Recreation or their designated representatives shall have the authority to revoke a permit upon a finding of a violation of any rule, local law or ordinance or upon good cause.
[Amended 5-19-1980 by L.L. No. 5-1980]
The officers and employees of the Town of Onondaga and all police officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
The Director of Parks and Recreation, his designated representative, the Supervisor and, in the absence of the Supervisor, any member of the Town Board, as well as any police officer, shall have the authority to:
The Director of Parks and Recreation, his designated representative, the Supervisor and, in the absence of the Supervisor, any member of the Town Board shall also have the authority to close the park if in his judgment any violation of this chapter or any unsafe or hazardous condition creates an unreasonable risk to the health, safety or welfare of the residents of the Town of Onondaga.
For purposes of this chapter, as amended only, the Town of Onondaga Parks and Recreation Director and employees of the Town of Onondaga Parks and Recreation Department as designated by the Town Parks and Recreation Director and approved by the Town Board shall be considered peace officers and shall, in addition to the Dog Control Officer of the Town of Onondaga, or the deputy thereof, Codes Enforcement Officer of the Town of Onondaga, or the deputy thereof, and any police officer or other peace officer, have the authority to issue and serve an appearance ticket with respect to any violation of this chapter upon personal observation of a violation or upon the filing of a written complaint signed by the person making the complaint of such violation.
[Added 4-15-2002 by L.L. No. 2-2002]
Any and every violation of the provisions of this chapter shall be deemed to be an offense against this chapter, punishable by a fine not exceeding $250 or by imprisonment not to exceed 15 days, or both. Each day's continued violation of this chapter, after written notice thereof, shall constitute a separate and additional violation. In addition to the above-provided penalties and punishment, or in lieu thereof, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
Any ordinance, local law or part thereof conflicting with the provisions of this chapter shall be and the same is hereby repealed so far as the same affects this chapter.
The Town Board may from time to time amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Town Law and the General Municipal Law applicable thereto.