This chapter shall be known as the "Penfield Town Parks and
Properties Ordinance."
The purpose of this chapter shall be to preserve the public
peace and good order on lands owned or controlled by the Town of Penfield,
and to contribute to the safety and enjoyment of the users of such
properties by regulating the hours of use, the use of motorized vehicles,
and by prohibiting certain activities inimical to the safe and orderly
utilization of Town properties.
[Amended 12-16-2015 by L.L. No. 3-2015]
The authorized Town department of the Town of Penfield is charged
with the administration of this chapter and the posting of signs designating
park lands within the Town of Penfield. The provisions set forth herein
shall apply to and be in effect in all parks, Town-owned property,
and properties under the control, supervision, and jurisdiction of
the Town of Penfield.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTHORIZED TOWN OFFICIAL
A person or persons employed by the Town of Penfield so designated
by the Supervisor or Town Board to perform the duties of enforcing
the provisions of this chapter.
[Added 12-16-2015 by L.L.
No. 3-2015]
PARKS
The grounds, buildings thereon, waters therein, and any other
property thereof, which is now or hereafter will be owned by, maintained
by, operated by, or controlled by the Town of Penfield, including,
but not restricted to, for public park purposes.
PARKS WATERS
Any waterway or body of water located within a park or on
Town of Penfield property.
PERSON
Any individual, firm, partnership, corporation, or association
of persons; and the singular number shall include the plural.
STORM MANAGEMENT AREA
All areas that include any retention or detention facility
for the control of and management of stormwater. This includes approaches,
access, or adjoining lands that are needed to access, inspect or maintain
said facilities. This includes all structures, swales, and areas owned,
leased or operated by the Town of Penfield. These are defined as the
area encompassed by the static water level plus an additional 20 feet
of horizontal projection from the static water level.
[Added 12-16-2015 by L.L.
No. 3-2015]
VEHICLE
Every device in, upon, or by which a person or property is
or may be transported.
[Amended 12-16-2015 by L.L. No. 3-2015]
No person shall be permitted to remain, stop, or park within
the confines of any Town park or property between the hours of 10:00
p.m. and 6:00 a.m., prevailing local time in the Town of Penfield,
except in an emergency or with authorization of an authorized Town
official. In case of an emergency, or when, in the judgment of the
authorized Town official, the public interest demands it, any portion
of a park may be closed to the public or the designated persons until
permission is given to reopen.
[Amended 10-2-1996; 12-16-2015 by L.L.
No. 3-2015]
A. A permit must be obtained from the authorized Town department for
the following uses and activities:
(1) Reserved use: the reserved use of park lodges, pavilions, formal
baseball fields, athletic fields, tennis courts, basketball courts
or bocce courts.
(2) Picnicking: picnicking on park grounds, in lodges or pavilions, or
the use of any playing fields or other park facilities by groups larger
than 24 persons.
(3) Camping: camping within any park allowed only upon the written authorization
of the authorized Town official.
(4) Vending: vending of food and drink (excluding all alcoholic beverages)
by nonprofit service organizations.
(5) Those acts prohibited without a written permit as set forth in §
211-9 of this chapter.
B. Permits shall be issued by the authorized Town department at the
Penfield Community Center, Penfield, NY 14526.
C. All permit applicants must be 21 years of age or older. All permits
must be signed prior to use of a park facility, or prior to the activities
for which a permit is obtained. The signer of a permit shall be responsible
for any and all damages to park facilities or contents thereof, and
shall agree to indemnify the Town of Penfield for such damages.
D. All permits shall be issued by the authorized Town department and
shall be subject to park rules and regulations. The issued permit
must be in the possession of the applicant during the permitted function
or activity. 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, ordinance,
rule, or regulation governing parks. Any violation of any term or
condition thereof, or any law, ordinance, rule, or regulation governing
parks, shall constitute grounds for revocation of said permit by the
authorized Town official, whose action thereon shall be final. No
permit for the same purpose shall be issued to the person whose permit
has been revoked during the year in which the revocation is made.
E. Prior to permit issuance, the applicant shall pay a permit fee to
the Town of Penfield in an amount established by the Town Board of
the Town of Penfield. Such fee may vary according to the activity
permitted and the facilities used.
F. Prior to permit issuance, the organization that is going to be occupying
or using the Town's premises, as set forth by the authorized
Town official in the rental policies, shall obtain a certificate of
insurance for review to verify that there is coverage in force, with
the Town of Penfield named as an additional insured, to protect the
Town's interest.
G. All entities reserving Town facilities for use shall be required
to complete a Town of Penfield application for parks and properties
use.
(1) As
part of the application approval process, the following groups or
organizations shall be required to provide an insurance certificate
naming the Town of Penfield as additional insured and providing liability
coverage in an amount determined by the Town Board:
(a) Established community groups and organizations requesting a facility
to be utilized for activities whose primary focus would generally
be considered to be "movement-oriented and/or active in nature."
(b) Established community groups and organizations sponsoring an event
or activity that will be open to the general public, with the exception
of a sit-down meeting or lecture whose attendees are likely to be
(primarily) Penfield residents.
(c) Any group intending to serve food or offer food sales to the general
public. This intention must be stated at the time of the permit application.
Events involving food service must be in compliance with Monroe County
Health Department standards and therefore may require training and
certification by that entity.
(d) Any commercial business establishment renting the parks/pavilion
facilities to conduct company-related meetings or social functions.
(2) In
general, unless meeting the criteria described above, groups requesting
facility use on an occasional basis for events such as meetings, lectures,
discussion groups, i.e., activities primarily considered "sedentary"
in nature, shall not be required to submit a certificate of insurance.
[Amended 12-16-2015 by L.L. No. 3-2015]
A. Park lodges and pavilions may only be reserved for use upon obtaining
a permit as provided herein.
B. Posted rules. Rules and regulations particular to each park's
lodge or pavilion shall be established by the authorized Town official
and posted within such facility.
C. Park lodges or pavilions may be made available for overnight use
upon written permission of the authorized Town official.
D. All keys for park lodges and pavilions must be picked up at the authorized
Town department during regular weekday business hours at least 24
hours prior to use.
E. Pavilions not already reserved may be used on a first-come, first-served
basis.
[Amended 12-16-2015 by L.L. No. 3-2015]
When camping sites are made available within any park, as set forth in §
211-6A(3) of this chapter, campers shall abide by rules and regulations particular to each site, as established by the authorized Town official.
[Amended 7-6-1976; 10-2-1996; 12-16-2015 by L.L.
No. 3-2015]
No person shall commit any of the following acts within any
parks without a written permit from the authorized Town official:
A. Posting: post or display any sign, banner, or advertisement of any
kind within any park.
B. Noise: use any loudspeaker, other sound-amplifying equipment, or
band equipment.
C. Fires: picnic or cook in any area not designated by the authorized
Town official for that purpose; or make or kindle any fire, except
in places provided therefor, and then subject to such regulations
as may be prescribed.
D. Temporary structures: erect or construct any tents, canopies, or
other temporary structure.
E. Lodging: sleep, camp, lodge, or reside in any park building, except
in such places as designated for said purpose by the authorized Town
official.
F. Stunts: ascend or land with any aircraft, gliders, or parachutes,
except in an emergency situation, or engage in rappelling, stunt flying,
radio-controlled device usage, model airplane flying, model rocket
launching, or any other equipment using liquid or solid fuel as a
propellant.
G. Defacing: write, paint, or carve on any tree, bench, or park structure.
H. Altering: construct, repair, or relocate utility fixtures, such as
sewers, hydrants, posts, lines, and conduits, or create trenches or
excavations, or engage in any construction in or on park lands.
I. Damaging: plant any flowers or shrubs; carry any slingshot, ax, saw,
shovel, or spade within the parks; violate the regulations of the
authorized Town official relating to any building or place; cut parkway
curbs for private drives; locate, grade, or construct paths, driveways,
and roadways across or along any parkway or park road.
J. Relocating: move or carry any tables, equipment, or any other park
property found within a park for park use to a different area of the
park.
K. Soliciting: beg, hawk, peddle, or solicit within any park.
No parent, guardian, or custodian of any minor shall knowingly
permit or allow said minor to do any act which would constitute a
violation of this chapter.