[HISTORY: Adopted by the Town Board of the Town of Marion 6-23-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
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:
Any person, department, or agency given the right to function
by the Marion Town Board.
The Town Board Councilman who is duly appointed as such,
or his or her duly authorized agent or representative.
The Parks/Recreation Committee of the Town of Marion.
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.
The duly elected board of the Town of Marion.
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.
Any individual, firm, partnership, corporation or association
of persons, and the singular number shall include the plural.
The duly elected Superintendent of Highways for the Town
of Marion.
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:
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.
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.
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.
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.
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.
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.
A.
Any law enforcement officer may arrest a person without a warrant
for:
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.
