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.
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.
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.
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.
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.
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.
Possession of open alcoholic beverage containers and consumption of alcoholic beverages shall be prohibited, except pursuant to laws promulgated in §
202-28.
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.
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.
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.
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.
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.