Town of Marion, NY
Wayne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Marion 6-23-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 110.
Animals — See Ch. 117.
Development fees for recreational purposes — See Ch. 146.
Noise — See Ch. 191.
Skateboards — See Ch. 223.
Off-road vehicles — See Ch. 287.
The provisions set forth herein shall apply to and be in effect in all parks under the control, supervision and jurisdiction of the Chairman of the Parks/Recreation Committee of the Town Board, for the Town of Marion, New York.
The following terms shall have the meanings indicated in this section:
AUTHORIZED PERSONNEL
Any person, department, or agency given the right to function by the Marion Town Board.
CHAIRMAN OF THE PARKS/RECREATION COMMITTEE
The Town Board Councilman who is duly appointed as such, or his or her duly authorized agent or representative.
COMMITTEE
The Parks/Recreation Committee of the Town of Marion.
LAW ENFORCEMENT OFFICER
Any police officer, peace officer, Wayne County Sheriff's Deputy, New York State Trooper, or any other law enforcement official of the County of Wayne, the State of New York, the federal government, any town or village within the County of Wayne, or any other applicable jurisdiction having jurisdiction or authority to enforce this chapter.
MARION TOWN BOARD
The duly elected board of the Town of Marion.
PARK
The grounds, buildings thereon, waters therein, towpath or trails, parking lot, 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 Town of Marion for public park purposes.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
SUPERINTENDENT
The duly elected Superintendent of Highways for the Town of Marion.
TOWN
The Town of Marion.
A. 
No person shall be permitted to remain, stop or park within the confines of any park between the hours of 10:00 p.m. and 8:00 a.m., prevailing local time in the Town of Marion, except:
(1) 
In an emergency; or
(2) 
With special permit from the Town Clerk; or
(3) 
Camper, where permitted, who may remain overnight subject to park regulations and camper's visitor, who may remain until 11:00 p.m.
B. 
In case of an emergency or when in the judgment of the Town Board, or its authorized agent or representative, or the public interest demands it, any portion of the park may be closed to the public or to designated persons until permission is given to reopen.
A. 
Permits shall be required for the use of all park pavilions.
B. 
Permits for use of park pavilions shall be issued on a first-come, first-served basis, at the Marion Town Clerk's office, during normal working hours, except on legal holidays.
C. 
Applicants for permits or reservations must be 21 years of age or over, and be a resident of Wayne County. All permits must be signed by the applicant prior to use of the pavilions. The signer of the permit shall be responsible for all damage to the park pavilion and agrees, as a condition for the granting of the permit, to indemnify the Town of Marion for all such damages.
D. 
As a condition for granting a permit, the Town Clerk may require proof of insurance or a security deposit, in accordance with rules and regulations promulgated pursuant to § 202-28 herein.
E. 
Nonobservance of the rules in § 202-4 shall constitute grounds for denial or cancellation of any permit applied for or issued pursuant to this section, and denial of applicants for future permits, as set forth in § 202-27 herein.
A. 
Permits shall be required for all camping in Town parks.
B. 
When camping locations are made available within a park, rules and regulations particular to each location shall be promulgated pursuant to § 202-28 herein.
C. 
Permits for camping shall be issued by the Town Clerk or his or her authorized agent.
No person with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shall:
A. 
Engage in fighting or violent, tumultuous or threatening behavior while in a park;
B. 
Make unreasonable noise in a park;
C. 
Use abusive or obscene language or make an obscene gesture while in a park;
D. 
Without lawful authority, disturb any lawful assembly or meeting of persons in a park;
E. 
Obstruct vehicles or pedestrian traffic in a park;
F. 
Congregate with other persons in a public place and refuse to comply with a lawful order of a law enforcement officer to disperse or leave the park;
G. 
Create a hazardous or physically offensive condition by any act which serves no legitimate purpose.
A. 
No person shall strike, shove, kick or otherwise subject another person to physical contact, or attempt to do same, with the intent to harass, annoy, or alarm such other person.
B. 
No person shall follow a person about a park with the intent to harass, annoy, or alarm such other person.
C. 
No person shall engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
D. 
No person shall threaten or menace any other person with any instrument or by using any animal to do the same, with the intent to harass, annoy, or alarm such other person.
A. 
No person, except law enforcement officers, shall use, carry, or possess any firearm within a park.
B. 
No person, except law enforcement officers, shall use, carry, or possess any noxious materials ("noxious materials" for the purposes of this section shall be defined as irritant gas dispensers, commonly called "tear gas" or "mace") within a park.
C. 
No person shall use, carry or possess air or gas guns, slingshots, bows and arrows, missiles or missile-throwing devices unless such person is a participant in a program for which a permit has been obtained subject to § 202-27 below.
D. 
No person, except duly authorized personnel, shall use, carry or possess any fireworks or explosive substances within the park.
E. 
No person shall possess any other dangerous weapons within the park.
No person shall loiter in or near toilets or restroom facilities within a park.
No person shall solicit or engage in any business, trade, commercial transaction, or other activity within a park involving the sale of merchandise or services, or for which any fee, payment, donation or other consideration is required or requested, except pursuant to a duly authorized concession agreement or other agreement for park purposes which shall have been subject to the prior approval or authorization by the Town Clerk or the Marion Town Board.
A. 
No person shall engage in games involving thrown or propelled objects, such as footballs, baseballs, horseshoes, golf balls, frisbees, or similar objects, except in areas designated for such usage, and then only subject to such rules and regulations as may be promulgated pursuant to § 202-28 herein. All games of any description must be conducted in a safe and orderly manner and no rough or boisterous practices will be allowed. No one shall play games for which a permit or fee is required without first obtaining such permit and paying such fee.
B. 
Notwithstanding the provisions of Subsection A, the use of lawn darts in a park is absolutely prohibited.
Models, such as miniature planes, boats and cars, that produce loud noises or are hazardous, are not permitted to be operated within the confines of the park except pursuant to a permit issued by the Town Clerk or the Marion Town Board.
A. 
No person shall injure, damage, destroy, deface, disturb, remove or befoul any part of a park, nor any building, structure, sign, equipment or other property therein.
B. 
No person shall write, paint, mark, carve or otherwise deface any part of a park, including but not limited to any tree, bench, building, structure, sign, equipment or other property therein.
C. 
No person shall remove, injure or destroy any tree, flower, shrub, rock, mineral or other natural feature within a park.
A. 
No person shall bring into, drop, deposit, dump or leave behind any rubbish, garbage, ashes, paper, cardboard, metal cans or other metallic substances, bottles, glassware, or any other refuse, waste material or other unwanted material of any kind in a park; except that any such materials resulting from picnics, camping, or other permitted activities shall be deposited in receptacles, pits or other containers provided for such purpose.
B. 
No person shall abandon any motor vehicle, or other equipment or property of any kind in a park.
C. 
No person in a park shall discharge into, throw, cast, lay, drop or leave any substance, matter or thing, either liquid or solid in any river, brook, stream, pond, pool, storm sewer or drain in a park.
Possession of open alcoholic beverage containers and consumption of alcoholic beverages shall be prohibited, except pursuant to laws promulgated in § 202-28.
A. 
Except as provided in § 202-17 below, no person shall bring into, permit, have, or keep any animal in a park, except that dogs and cats are permitted if held in control by a leash not more than eight feet long.
B. 
No animal may be left unattended in a park.
C. 
Any individuals bringing dogs or cats into a park shall be required to pick up and deposit in proper receptacles all solid waste from said animals.
Horseback riding shall be permitted only on designated roadways and over bridle paths or other paths established for such purpose. Horses shall not be ridden in a park so as to endanger any person or property. No person shall permit any horse to stray or stand unattended or to graze within a park. In no event shall horses be permitted in swimming areas, beaches, or in picnic areas.
A. 
No fires shall be permitted on park property except in designated areas and facilities. No fire shall be left unattended.
B. 
No person shall picnic or cook in any area not designated by the Chairman of the Parks/Recreation Committee for that purpose.
Riders of bicycles shall comply with all laws relating to bicycles in the New York State Vehicle and Traffic Law, and with all rules concerning vehicles contained in the Town of Marion Parks Law, and in addition thereto shall be subject to the following rules:
A. 
No person shall ride a bicycle upon the lawns, foot trails, or bridle trails of a park unless such areas are designated for such vehicles.
B. 
Bicycles shall be ridden in the extreme right-hand lane of park roads.
C. 
No rider shall take both hands off the handles or steering mechanism, or ride recklessly in any other manner.
D. 
A bicycle shall not be towed by a rope or otherwise, nor shall any rider hold onto any moving vehicle for the purpose of being drawn along.
E. 
No bicycle shall be pushed upon any park road where an adjoining foot walk is available.
F. 
Infants, children or extra passengers shall not be carried on bicycles in any manner whatsoever, unless such vehicle is equipped with a separate seat for that purpose.
G. 
Children under the age of 12 years, riding small bicycles (wheels less than 20 inches in diameter) may use the foot walks.
H. 
Wherever possible, bicycles shall be parked in places provided for such purpose.
I. 
No person shall operate a bicycle which has affixed thereto a mechanical device capable of propelling the bicycle for the purpose of replacing or assisting human power.
A. 
No person shall operate any snowmobile within a park. 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 motor-powered off-road vehicle, all-terrain vehicle, or limited-use vehicle in any part of a park, except that off-road vehicles 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 § 202-23. Off-road vehicles, all-terrain vehicles 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, golf carts, tractors, lawn mowers, or any similar type of vehicle or conveyance, except for vehicles used for park maintenance by authorized personnel.
A. 
No person shall intentionally expose the private or intimate parts of his or her body in a lewd manner or commit any other lewd act.
B. 
No person shall appear in a park in such a manner that the private or intimate parts of his or her body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breast feeding of infants.
C. 
No person shall commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior; appear in a state of nudity; or make any indecent exposure of his or her person.
No person shall fail or refuse to comply with any order relating to the regulation of activities hereunder, or the enforcement or provisions of this chapter, lawfully given by any law enforcement officer.
A. 
No person shall drive any automobile, motorcycle or other motorized vehicle upon any part of a park except for the proper drives and parking areas, or permit the same to stand upon the drive or any part thereof so as to congest traffic or obstruct the drive. Paths established as bridle paths, footpaths, or bicycle paths shall not be used for motorized vehicular traffic.
B. 
No person shall cause any taxi, bus, limousine or other vehicle for hire to attend any part of a park for the purpose of soliciting or taking passengers or persons other than those carried to a park by said vehicle.
C. 
No person shall cause any bus with or without passengers, nor any cart, wagon, truck or trailer or other vehicle carrying goods, merchandise, manure, soil or other articles, or solely in use for the carriage of goods, merchandise, manure or other articles to enter or to be driven in any part of a park. This section shall not apply to vehicles engaged in construction, maintenance, or operation of a park or parkway, to vehicles making deliveries to a park, nor to buses under the permit of the Town Clerk, or authorized agent, in conjunction with the approval of the Chairman of the Parks/Recreation Committee of the Town of Marion.
D. 
It shall be the duty of every person operating an automobile, motorcycle, or other motorized vehicle within a park to comply with:
(1) 
The New York State Vehicle and Traffic Law;
(2) 
The applicable traffic ordinances for the County of Wayne and the Town of Marion; and
(3) 
All orders, directions and regulations issued by law enforcement officers or officially displayed on any post, standard, sign or device installed for the regulation of traffic.
E. 
No vehicle shall be operated on any road or drive in a park at a speed exceeding 10 miles per hour, unless otherwise posted. The Superintendent shall cause signs to be erected along such roads or drives indicating such speed limits.
F. 
No vehicle shall pass another vehicle proceeding in the same direction if the center of the road is marked with a double solid line.
G. 
One-way traffic. In certain areas, there may be one-way traffic. It will be so posted and must be followed.
H. 
Where the Superintendent has caused certain intersections of park drives or roadways to be marked with stop signs, no person shall operate any vehicle except authorized emergency vehicles over or across such intersection without first bringing such vehicle to a complete stop at or near the stop sign.
I. 
Parking of any vehicle shall not be allowed on any of the park roads or parking areas during the hours that the park is not open to the public. No person shall park, stop or leave standing any vehicle in any area within a park except during the time he or she remains in the park.
J. 
The term "parking" as used herein shall be defined as the standing of any vehicle, whether occupied or not, unless standing in obedience to traffic regulations or signals or while actively engaged in loading or unloading.
K. 
The Superintendent shall erect suitable signs on roadways and in parking areas which shall indicate where parking is authorized or not authorized.
L. 
No person shall operate a vehicle along or over any road, drive or other property within a park in a reckless manner or without due regard for the safety and the rights of pedestrians, drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any person while in the lawful use of park facilities.
M. 
No person shall participate in a drag race upon any park drive or park property. "Drag race" as used herein shall be defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point wherein timing is made of the participating vehicles involving competitive accelerations or speeds. The operation of two or more vehicles side by side in excess of permitted speeds on park drives or rapidly accelerating from a common starting point in a speed in excess of such permitted speeds shall be prima facie evidence of drag racing.
N. 
No person who is under the influence of alcohol or a controlled substance, as defined in the New York Penal Law, shall operate any vehicle within a park.
O. 
No person shall drive, move, cause, or knowingly permit to be driven or moved within a park, any vehicle or combination of vehicles which is in unsafe condition so as to endanger any person or property.
P. 
No person shall use or shine spotlights or unnecessarily or continuously shine automobile headlights on or into parklands, except under direction of a law enforcement officer or where necessary for the preservation of life or property.
Q. 
In addition to and not in derogation of the penalties prescribed by applicable statute, rule, regulation or ordinance, nonobservance of any subsection of § 202-23 shall constitute a violation.
No parent, guardian or custodian of any minor shall permit or allow him or her to do any act which would constitute a violation of this chapter, and such persons shall be jointly and strictly liable for the actions of said minors in their care.
Any group of persons exceeding 50 in number utilizing park facilities for any use, including, but not limited to, commercial activities, picnics, races, festivals, weddings, parties, sporting events and hobbyists, shall obtain a permit from the Town Clerk at least seven days prior to such utilization of park facilities. The granting of said permit and use of park facilities pursuant thereto shall be in accordance with applicable federal, state, county and local law and regulation, including but not limited to New York State Department of Health Regulations.
The Marion Town Board may, from time to time as that body deems appropriate, establish by resolution fees to be charged for utilization of park facilities.
A. 
The Town Clerk is authorized and empowered to grant and issue permits authorized or required by rules and regulations promulgated pursuant to § 202-28 herein as may be necessary to effectuate or implement the provisions of this chapter.
B. 
Permits for the use of occupancy for park purposes of park property or facilities, not authorized by Subsection A above and which may involve an extended term or an indefinite term subject to termination, shall be issued by the Town Clerk only upon the prior approval of the Town Board.
C. 
As a condition for granting a permit, the Town Clerk may require proof of insurance or a security deposit, in accordance with the rules and regulations promulgated pursuant to § 202-28 herein.
D. 
All permits issued by the Town Clerk shall be in writing, and shall be signed or authenticated by the Town Clerk and/or Chairman of Parks/Recreation Committee, or his or her duly authorized agent. All such permits and use of park facilities pursuant thereto shall be subject to the terms and conditions contained therein; all applicable provisions of this chapter; all applicable rules and regulations promulgated pursuant to this chapter; and all other applicable laws of the United States of America, the State of New York, the County of Wayne, and the Town of Marion.
E. 
Any violation of the terms and conditions of a permit issued hereunder, this chapter, or any rules and regulations promulgated pursuant thereto, or any other applicable laws, shall constitute ground for the immediate revocation of such permit by the Town Clerk, or his or her authorized representative, which revocation shall be immediate, final and without appeal. No permit for the same purpose shall be issued to any person or persons whose permit has been revoked hereunder for a period of one year following the date of such revocation.
A. 
The Marion Town Board is authorized and empowered to promulgate rules and regulations concerning the activities described in this chapter; such further rules and regulations as may be necessary to effectuate or implement the provisions of this chapter.
B. 
All rules and regulations promulgated hereunder shall become effective only upon approval by the Marion Town Board.
C. 
Reasonable efforts shall be made the Marion Town Board to reproduce, post, make available, distribute and publicize all rules and regulations hereunder.
D. 
Copies of this chapter shall be made available at $0.25 per page.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nonobservance of the provisions of this chapter shall constitute a violation. The violation of any of the provisions of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any law enforcement officer may arrest a person without a warrant for:
(1) 
Any offense when he has reasonable cause to believe that such person has committed such offense in his presence;
(2) 
A crime, when he has reasonable cause to believe that such person has committed such crime whether in his presence or otherwise.
B. 
Any law enforcement officer shall have the right at all times to enter the premises of any building, structure or enclosures which may be leased or set aside for private or exclusive use of any individual or group, or occupied or used pursuant to a permit hereunder, for the purpose of arresting violators hereof, and may use all necessary legal means to attain that end.