[Adopted by the Board of Selectmen 6-27-1976; last amended 5-3-2010 (Ch. 235, Art. I, of the 1995 Code)]
This article shall be known as the "Recreation Ordinance" for
the Town of Salem, New Hampshire.
The purpose of this article shall be to preserve the public
peace and good order on lands operated as public parks by the Town
of Salem and to contribute to the safety and enjoyment of the users
of such park land by regulating the hours of use and the use of motorized
vehicles and by prohibiting certain activities inimical to customary
park recreation use.
The Department of Recreation and/or the Department of Public
Works, Division of Parks and Property, of the Town of Salem is charged
with the administration of this article and the posting of signs designating
park lands within the Town of Salem. The rules and regulations set
forth herein shall apply to and be in effect in all parks, athletic
fields, and other recreation areas under the control, supervision
and jurisdiction of the Department of Recreation of the Town of Salem.
For the purpose of this article, terms used herein are defined
as follows:
Shall have the same meaning as "beverage" as defined in RSA
175:1.
Shall have the same meaning as defined in RSA 318-B.
The Director of the Department of Recreation of the Town
of Salem or his/her duly authorized agents.
Shall have the meaning as defined in RSA 175:1
The grounds, buildings thereon, waters therein and any other
property necessary for the operation thereof and constituting a part
thereof which are now or hereafter maintained, operated and controlled
by the Town of Salem for public recreation purposes. Such areas shall
include but not be limited to athletic fields, playgrounds, neighborhood
parks, community parks, beaches, skateboard park and other areas used
for recreation purposes.
Any individual, firm, partnership, corporation or association
of persons, and the singular number shall include the plural.
Any area where water exists, whether in a park or not, designated
by the Director for recreation use.
Any pond, flooded area, designated portion of a lake or other
area, whether in a park or not, designated by the Director as an area
where skating is allowed.
Any water area, beach or pool, whether in a park or not,
designated by the Director as an area where public swimming is allowed.
Every device in, upon or by which a person or property is
or may be transported. "Vehicle" shall include but not be limited
to automobiles, motorcycles, minibikes, bicycles, snowmobiles, mopeds,
trucks, jeeps, trail bikes, scooters, segways, all-terrain vehicles
(ATVs) and skateboards. This definition does not include devices needed
to assist disabled persons.
No person shall be permitted to remain, stop, park or be within
the confines of any park between the hours of sunrise and sunset,
except in emergency cases, as otherwise posted or with a special permit
from the Director. In case of any emergency or when, in the judgment
of the Director, the public interest demands it, any portion of a
park may be closed to the public until permission is given to reopen.
A.
A permit must be obtained from the Recreation Director for the following
uses and activities:
(1)
The use of any park buildings, pavilions, or playing fields or picnicking
on park grounds or the use of other facilities by any association,
organization or group.
(2)
Camping within a park.
(3)
Vending of food or drink.
(4)
Those acts prohibited without a written permit as set forth in this
article.
B.
Permits shall be issued by the Director. The Director may deny an
application for a permit on any of the following grounds:
(1)
If the proposed use or activity will interfere with the general use
of the park by individual members of the public;
(2)
The application for permit (including any required attachments and
submissions) is not fully completed and executed;
(3)
The applicant has not tendered the required application fee with
the application or has not tendered the required user fee, indemnification
agreement, insurance certificate, or security deposit within the times
prescribed by the Director;
(4)
The application for permit contains a material falsehood or misrepresentation;
(5)
The applicant is legally incompetent to contract or to sue and be
sued;
(6)
The applicant or the person on whose behalf the application for permit
was made has on prior occasions damaged park property and has not
paid in full for such damage, or has other outstanding and unpaid
debts to the park;
(7)
A fully executed prior application for a permit for the same time
and place has been received and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not reasonably
permit multiple occupancy of the particular park or part hereof;
(8)
The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the park and
previously scheduled for the same time and place;
(9)
The proposed use or activity is prohibited by or inconsistent with
the classifications and uses of the park or designated area;
(10)
The use or activity intended by the applicant would present
an unreasonable danger to the health or safety of the applicant or
other users of the park, Town employees or the public;
(11)
The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations concerning the sale
or offering for sale of any goods or services; or
(12)
The use or activity intended by the applicant is prohibited
by law, regulation or by this article.
C.
All requests to use the park must be submitted to the Director two
weeks prior to the date of requested use. All permit applicants must
be 18 years of age or older. All permits must be signed by the applicant
prior to their issuance. The applicant shall be responsible for all
damages to park facilities or contents thereof and shall agree to
indemnify the Town of Salem, New Hampshire, for such damages to park
facilities or contents thereof. At the discretion of the Director,
a cash security deposit may be required and/or an insurance policy
required for the duration of the permit.
D.
All permits shall be issued in writing by the Director and shall
be subject to park rules and regulations and the provisions of this
article. 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 of the permit and not in violation of any law, ordinance,
rule or regulation. Any violation of any term or condition of the
permit or any law or ordinance or rule or regulation shall constitute
grounds for revocation of the permit by the Director, Town Manager
or Chief of Police, whose action therein shall be final.
E.
Upon obtaining a permit, the applicant shall pay a permit fee, if
any, to the Town of Salem in an amount according to a fee schedule
established by the Board of Selectmen of the Town of Salem, the Town
Manager and the Director. Such fee schedule shall be established according
to, but not limited to, the activity permitted, the facility used,
maintaining orderly cleanup, utilities used and police required.
F.
Revocation of a permit for violation of this article shall result
in forfeiture of any permit fee paid.
A.
Swimming. Swimming or wading is prohibited except in areas designated
as swimming areas.
B.
Boating. No boats of any kind shall be operated or docked by any
person in any water in any park, except where designated as a boating
area and then only for those types of boats specified. Where boating
is allowed, signs will be posted.
A.
No person shall operate any vehicle in any part of a park except
on roadways established for the operation of vehicles, nor shall any
person park any vehicle in any area except those specifically designated
for parking purposes.
B.
No person shall in any park clean, polish, grease, lubricate or make
repairs to any vehicle except those of a minor nature and then only
in cases of emergency.
A.
No person shall build a fire for any purpose except in the barbecue
pits provided or in a barbecue grill that has been authorized by a
permit issued by the Fire Department and Director. No barbecue grill
shall be used without a permit.[1]
B.
No person shall discharge any firearm in any park.
C.
Hunting is prohibited in all parks.
D.
No person shall fire, discharge or set off any explosives device
as defined in RSA 158:29 and 158:30, any fireworks, including permissible
fireworks as defined in RSA 160-C:1, including but not limited to
rockets, squibs, or firecrackers, grenades, or any preparation of
gunpowder.
E.
No rockets or fuel-powered model planes are allowed in any park except
by written permission of the Town of Salem's Board of Selectmen.
A.
Disorderly conduct or obscene or indecent language or behavior is
prohibited.
B.
No person shall interfere with, encumber, obstruct or render dangerous
any park or part thereof.
C.
No person shall emit, eject, or cause to be deposited in any park
any excreta of the human body, except in proper receptacles designated
for such purposes.
D.
No person shall in any park disobey a proper order of any park employee
designated by the Director to give orders, nor shall any person in
any park disobey, disregard or fail to comply with any rule or regulation,
warning, prohibition, instruction or direction posted or displayed
by signs, notices, bulletin card, or posters or when notified or informed
as to its existence by a park employee or other authorized person.
A.
No person shall remove, disturb, cut, break, deface, defile, or damage
any building, structure, headstone, fence, tree, brush, plant, turf
or other property.
B.
No person shall throw, cast, lay, drop or discharge into or leave
in any body of water in any park or in any storm sewer or drain flowing
into said water or in any gutter, sewer or basin any substance, matter
or thing whatsoever.
C.
No person shall dump, deposit, drop, throw or leave any papers, bottles,
debris, waste matter, refuse, rubbish, garbage, trash, dead animals
or other discarded materials of every kind and description in any
park or part thereof except in such receptacles as may be provided
for that purpose.
D.
No person shall bring a cat or dog or other animals into a park unless
on a leash no more than six feet in length, and they are only allowed
into parks or areas of parks that are not otherwise posted, with the
exception of service animals as defined by the Americans with Disabilities
Act. Removal of animal feces is the responsibility of the animal handler.[1]
E.
No person shall within any park molest, frighten, injure, kill, remove
or have in his possession any feral animal, bird, bird's nest or squirrel's
nest or remove the young of any such animal or the eggs of any such
animal or bird.
F.
No person shall feed any wild animals, wild birds, or wildlife as
defined in RSA 207:1 in the body of water or on land in any park.
A.
No person shall carry on any business or commercial calling; or trade,
sell or otherwise deal in commodities or merchandise of any description;
or solicit patronage of any sort; or advertise any business or calling
for the sale of such commodities or merchandise; or hold any public
meeting, unless said person has received a written permit to do so
by the Director.
B.
No person shall conduct, operate, present or manage in any park a
drill, parade, maneuver, public meeting, ceremony, speech, address,
harangue, public contest, exhibit, dramatic performance, spectacle,
play, motion picture, fair, circus, or show of any kind or nature,
band, choir, glee club, or orchestra without a permit from the Director.
C.
No person shall in any park exhibit, sell, or offer for sale, hire,
lease, or let out any objects, service or merchandise or anything
whatsoever, except under a permit by the Director.
D.
No person shall advertise in any park in any manner whatsoever, for
any reason whatsoever, except by a permit from the Director.
For safety, fire protection and sanitation, smoking is permitted
only in designated smoking areas at the parks. The designated smoking
areas are identified by posted signs.
Overnight camping is prohibited except by a permit issued by
the Director.
Metal detectors and similar devices may not be used in any park
or on Town property unless authorized by the Town Manager.
Children under the age of 12 years must be accompanied by an
adult (18 years of age or older) except when the child is participating
in a supervised Recreation Department program.
No glass containers shall be taken into or used in any part
of any park, including sports facilities and beaches. Only metal,
paper or plastic containers are allowed.
No person shall throw, cast, catch, kick, play with or strike
any game ball whatsoever or engage in any sport, game or competition
except in places and during the times designated therefor. No person
shall engage in or play any game or sport which is different from
the one for which the designated area was created, except in such
areas as are officially set aside for diversified games.
Persons using the park do so at their own risk and must observe
any rules, regulations or requests of the attendant on duty for a
particular area.
In order to provide the equitable use of park facilities, preserve
park areas and facilities and protect the safety of users of the parks
and their facilities, the Recreation Director shall have the following
authority, the enumeration of which shall not restrict the general
authority and control of the Recreation Director over parks:
A.
To fix times. To fix times when the parks or parts thereof shall
be open to public use.
B.
Restrict use. To designate parks, sports facilities and parts thereof
as restricted to the use of certain portions of the public at certain
times as the Director or designee sees fit.
C.
To issue permits. Under uniform conditions to be prescribed by the
Director, to issue permits for regulated use as hereinbefore enumerated.
D.
To fix, charge and collect fees. To fix, charge and collect such
fees and deposits for the use of park areas or facilities or privileges
as the Director deems advisable to help defray the expense of the
parks and their facilities. Said fees and charges shall be reviewed
and approved by the Town Manager and the Board of Selectmen prior
to implementation.
E.
To enforce this article. To issue notice of violation and/or complaint
summons to court for infraction of this article.
A.
Enforcement.
(1)
This article shall be enforced by the Director and Salem Police Department.
(2)
Any person alleged to have violated the rules and regulations as
set forth in this article or as posted within such park or sports
facility may be ordered to appear in the Salem District Court to answer
said charges.
B.
Penalties.
(1)
In addition to any other remedies authorized by law, any person who
violates this article shall be guilty of a violation and shall be
subject to a fine up to the maximum allowed per RSA 31:39, III. Fines
for specific violations, as adopted by the Board of Selectmen, are
on file at Town Hall and on the Town of Salem website.[1]
(2)
Any person altering or damaging any Town property shall be liable
for any damages incurred.
