[HISTORY: Adopted by the City Council of the City of Biddeford
as §§ 16-29, 16-30, 16-31(a) — (f); 16-32; 16-83(1)
–– (8); 16-84(a) –– (c); 16-85; 16-86(a) ––
(b); 16-87; 16-88; and 16-100 of the 1975 Code; amended in its entirety
1-17-2017 by Ord. No. 2017.3. Subsequent amendments noted where applicable.]
(a)
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
(b)
ATHLETIC FIELD
CITY
DIRECTOR
DOG PARK
PARK
TOBACCO
TOBACCO-FREE ZONE
VEHICLE
For the purpose of this chapter, the following terms, phrases, words
and their derivatives shall have the meanings given herein:
An area of land usually enclosed by a fence or other barrier
that includes the playing field, where sports or other events take
place.
[Added 8-20-2019 by Ord.
No. 2019.77]
The City of Biddeford.
The Parks and Recreation Director appointed pursuant to § 46-2 of the Code of the City of Biddeford.
An area that has been fenced in and designated for exclusive
use by dogs. Dog parks shall have clearly established rules for their
use, which shall be posted at all entrances.
Shall be limited to the areas within the boundaries, as described
in the records of the City of Biddeford Assessor, of the following
City-owned recreational properties and facilities.[1]
Includes but is not limited to cigarettes, cigars, snuff,
pipes, spit tobacco, and vaping.
Includes City-owned playgrounds, athletic fields, sports
fields, parks and beaches.
[Amended 8-20-2019 by Ord. No. 2019.77]
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include but not be limited to any
trailer in tow, automobile, truck, wagon, snowmobile, motor bike,
skateboard, motorcycle or trail bike of any size, kind or description.
Exception is made for baby carriages, bicycles used at the Clifford
Park and Rotary Park, and vehicles used in the maintenance and operation
of City parks.
(a)
The Recreation Director shall formulate and carry out recreation
programs, in consultation with the Recreation Commission, for the
benefit of the City's citizens and cooperate with other departments
and/or agencies.
(b)
The Recreation Director shall recommend the improvement of recreational
lands and facilities within the City and make periodic reports, as
requested by the Recreation Commission or by the City Manager, on
the operation of the Department.
The Recreation Director shall, with the consent and review of
the Recreation Commission, submit annually a budget for the ensuing
year and submit reports as requested by the Commission to the City
Manager. The Director shall also carry out such duties, provided that
they fall within the scope of the Recreation Department, as the Recreation
Commission may from time to time recommend.
[Amended 8-1-2023 by Ord. No. 2023.83; 10-3-2023 by Ord. No. 2023.106]
Name
|
Assessor's Map and Lot Numbers
|
---|---|
Biddeford Pool Bath House/Gilbert Boucher Park Gilbert Place
|
GIS
|
Biddeford Pool Mini-Park 0 Lest B. Orcutt Blvd.
|
GIS 59-117
|
Cannon Plaza 59 South Street
|
GIS 39-201
|
Canopy Park 65 Bacon Street
|
GIS 39-129
|
City Square Park 58 Lincoln Street
|
GIS 38-132
|
Clifford Park 130 Pool Street
|
GIS 39-334, Parcels 8-1, 8-3, 8-3-1 and 30-58
|
Doran Field 314 South Street
|
GIS 32-4
|
F.O.A.V. Court Park 2 FOAV Court
|
GIS 39-137
|
Fortunes Rocks Beach
| |
J. Richard Martin Community Center Playground 189 Alfred Street
|
GIS 34-228
|
Liberty Park 2 Water Street
|
GIS 41-129
|
Pierson's Lane Community Park 40 Pierson's Lane
|
GIS 39-116
GIS 30-117
|
Mechanics Park 3 Main Street
|
GIS 41-1
|
Memorial Park 130 May Street
|
GIS 27-34
|
Middle Beach
| |
Park in the Pines 194 Hills Beach Road
|
GIS 55-51
|
River Walk Plaza/River Walk Phase 2 2 Main Street
|
GIS 71-11
|
Rotary Park 550 Main Street
|
GIS 32-2
|
St. Louis Field
|
GIS 28-270
|
Shevenell Park 149 Main Street
|
GIS 38-372
|
Veteran's Memorial Park 2 Pool Street
|
GIS 38-419
|
Vines Landing End of Lester B. Orcutt Boulevard
|
GIS 59-117
|
Washington Street School Park 75 Washington Street
|
GIS 38-312-1
|
Williams Court Park South Street and Green Street
|
GIS 183, 182
169-1
|
315 Main Street
|
GIS 38-144
|
Under the direction and guidance of the Recreation Commission,
the Director shall have the authority to establish and promulgate
rules and regulations that are not otherwise in conflict with this
chapter for the day-to-day operation of the recreational facilities
and Parks identified herein.
Except as may be necessitated by reason of construction or maintenance
activities under the supervision and control of the Director, no person
in a park shall:
(1)
Buildings and other property.
a.
Disfiguration and removal: willfully mark, deface, disfigure, injure,
tamper with or displace or remove any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers or other structures or equipment, playground
equipment, facilities or park property or appurtenances whatsoever,
either real or personal.
b.
Removal of natural resources: dig or remove any sand, soil, rock,
stones, trees, shrubs or plants, timber or other wood or materials
or make any excavation by tool, equipment, blasting or other means
or agency.
c.
Erection of structures: construct or erect any building or structure
of whatever kind, whether permanent or temporary in character, or
run or string any public service utility into, upon or across such
lands, except on special written permit issued by the Director.
(2)
Trees, shrubbery and lawns.
a.
Injury and removal: damage, cut, carve, transplant or remove any
tree or plant or injure the bark or pick the flowers or seeds of any
tree or plant, nor shall any person attach a rope, wire or other contrivance
to any tree or plant. A person shall not dig in or otherwise disturb
grass areas or in any other way injure or impair the natural beauty
or usefulness of any area.
b.
Climbing trees: climb a tree or walk, stand or sit upon monuments,
vases, fountains, railings, fences or upon any other property not
designated or customarily used for such purposes.
No person in a park shall:
(1)
Pollution of waters: throw, discharge or otherwise place or caused
to be placed in the waters of any fountain, pool, pond, stream or
other body of water in or adjacent to any park or any tributary, stream,
storm sewer or drain flowing into such waters any substance, manner
or thing, liquid or solid, which will or may result in the pollution
of said waters.
(2)
Refuse and trash: have brought in or shall dump, deposit or leave
any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or refuse or other trash. No such refuse or trash shall
be placed in any waters in or contiguous to any park or be left anywhere
on the grounds thereof, but it shall be placed in the proper receptacles
where these are provided. Where receptacles are not so provided, all
such rubbish or waste shall be carried away from the park by the person
responsible for such presence and properly disposed of elsewhere.
(3)
Animal waste: fail to immediately remove and lawfully dispose of
any feces left in any park, beach or public space by an animal owned
by such person or under his/her control. This regulation shall not
apply to an animal accompanying any handicapped person who, by reason
of his/her handicap, is physically unable to comply with the requirements
of this subsection.
[Amended 7-20-2021 by Ord. No. 2021.58]
(a)
State motor vehicle laws apply. No person in a park shall fail to comply with all applicable provisions of the state motor vehicle laws (NOTE: See M.R.S.A. Title 29-A.) with regard to equipment and operations of vehicles, together with such regulations as are contained in this chapter and other City of Biddeford ordinances. (NOTE: See Ch. 42, Motor Vehicles and Traffic.)
(b)
Obey traffic signs. No person in a park shall fail to observe carefully
all traffic signs indicating speed, direction, caution, stopping or
parking and all others posted for proper control and to safeguard
life and the property.
(c)
Speed of vehicles. No person in a park shall ride or drive a vehicle
at a rate of speed exceeding the posted speed for any park.
(d)
Operation of vehicles. No person in a park shall drive any vehicle,
excepting bicycles, on or in any area except public ways and paved
park roads or parking areas or such other areas as may, on occasion,
be specifically designated as temporary parking areas by the Director.
Snowmobiles may be allowed on certain trails in City parks where such
trails serve to interconnect other snowmobile trails not in City parks
and where the Director of Parks and Recreation has designated such
trails for such purpose after finding that it is compatible with the
use of such park trails by the public for other purposes. Excepting
bicycles, only vehicles properly licensed and registered for operation
on public ways and operated by persons properly licensed under the
laws of the State of Maine shall be permitted in any parking area.
Exception: Snowmobiles are permitted to be operated on trails within
Clifford Park.
(e)
Parking.
(1)
No person in a park shall:
a.
Designated areas: park a vehicle in other than an established or
designated parking area, and such use shall be in accordance with
the posted directions thereat and with the instructions of any attendant
who may be present.
c.
Lifeguards: park a vehicle in an area that has been designated by
the Director as reserved for lifeguards.
(2)
Exceptions. There shall be no parking between the hours of dusk and
dawn in Gilbert Boucher Park, including park easement areas. Areas
of the park affected by this prohibition shall be posted with signs
that read: "No parking dusk to dawn." The time of dawn and dusk shall
be as reported in the Maine Farmers Almanac.
(3)
Enforcement.
a.
The laws of the State of Maine shall, where applicable in parks,
be enforced in the manner provided by law. City ordinances and rules
and regulations of the park shall be enforced in the manner provided
therein.
b.
Violations of this subsection shall be a parking infraction.
c.
The Parks and Recreation Director or his or her authorized representative,
as specifically authorized by the Chief of Police, and the Biddeford
Police Department are authorized to issue parking tickets for violations
of this Subsection (e).
(f)
Bicycles. No person in a park shall:
(1)
Confined to roads: ride a bicycle on other than a paved vehicle road
or path designated for that purpose. A bicyclist shall be permitted
to wheel or push a bicycle by hand over any grassy area or wooded
trail or any paved area reserved for pedestrian use.
(2)
Operation: ride a bicycle other than on the right-hand side of the
road paving as close as conditions permit, and bicycles shall be kept
in a single file when two or more are operating as a group. Bicyclists
shall at all times operate their machines with reasonable regard as
to the safety of others, signal all turns, pass to the right of any
vehicle they are overtaking and pass to the right of any vehicle they
may be meeting.
(3)
Designated racks: leave a bicycle at a place other than a bicycle
rack when such is provided and there is space available.
(4)
Immobile bicycles: leave a bicycle lying on the ground or paving
or set against trees or in a place or position where other persons
may trip over or be injured by it.
No person in a park listed in the chapter shall:
(1)
Bathing and swimming.
a.
Designated areas: swim, bathe or wade in the waters of any fountain,
pond, pool, stream or other body of water in or adjacent to any park
or any tributary, stream, storm sewer or drain flowing into such waters,
except in such waters and in such places as are specifically provided
for swimming or bathing purposes and in compliance with such regulations
as are herein set forth or may hereafter be adopted by the Director,
nor shall any person frequent any waters or places customarily designated
for the purposes of swimming or bathing or congregate thereat in such
activities prohibited by the Director upon finding such use of the
water would be dangerous or otherwise inadvisable.
b.
Certain hours: frequent any waters or places designated for the purposes
of swimming or bathing or congregate thereat except between such hours
of the day and on such conditions as shall be designated by the Director
for such purposes for each individual park area.
(2)
Hunting and firearms: hunt, trap or pursue wildlife at any time.
No person shall use, carry or possess firearms of any description
or air rifles, spring guns, bows and arrows, slings or other forms
of weapons potentially inimical to wildlife and dangerous to human
safety or any instrument that can be loaded with and fire a blank
cartridge or any kind of trapping device. Shooting in park areas as
defined herein is strictly forbidden.
(3)
Camping: set up tents, shacks or any other temporary shelter for
the purpose of overnight camping, nor shall any person leave in a
park after closing hours any movable structures or special vehicle
that could be used for such purposes as a house trailer, camp trailer,
tent or the like.
(4)
Tobacco and smoking. All forms of tobacco use, including vaping are
prohibited.
(a)
Intoxicating beverages.
(1)
Liquor defined. For purposes of this subsection, "liquor" shall
mean and include any alcoholic, spirituous, vinous, fermented or other
alcoholic beverage, or combination of liquors and mixed liquors, intended
for human consumption which contains more than 1/2 of 1% of alcohol
by volume.
(2)
Prohibition. Except as specifically authorized, in writing, by the City Council, no person within a City park, public beach, or athletic field, identified under Section 46-5 of this chapter, or in any parking area contiguous thereto, may possess or consume liquor at any time.
[Amended 5-16-2017 by Ord. No. 2017.35]
(b)
Fires. No person in a park shall build or attempt to build a fire,
except at such areas and under such regulations as may be designated
by the Director. No person shall drop, throw or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco or other inflammable
material within any park area or on any highway, road or street abutting
or contiguous thereto.
(c)
Closed areas. No person in a park shall enter an area posted as "Closed
to the Public," nor shall any person use or let the use of any area
in violation of posted notices.
(d)
Except by permit issued by the Recreation Director, no person may erect, setup, or maintain any tent, shack, shelter or any other structure within or on any park as identified under Section 46-5 of this chapter. The Recreation Director may cause the removal of any such structure that has been erected without permission.
[Added 5-21-2019 by Ord.
No. 2019.47]
Except in conjunction with supervised activities under the general
control and supervision of the Director, no person in a park shall:
(1)
Vending and peddling: expose or offer for sale any article or thing,
nor shall he or she station or place any stand, cart or vehicle for
the transportation, sale or display of any such article or thing.
Exception is here made as to any regularly licensed concessionaire
acting by and under the authority and regulation of the Director.
(2)
Advertising: pronounce, advertise or call to the public attention
in any way to any article or service for sale or hire.
(3)
Signs: paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any City-owned lands or highways or roads
adjacent to a park. Exception from the prohibitions of this subsection
is made for the posting of such notices as may be required by this
chapter.
(4)
Sponsorship signs erected by the City of Biddeford in accordance
with guidelines established by the Recreation Commission shall not
be deemed a violation of this section.
(a)
Hours. All parks, as defined herein, shall be open to the public
every day of the year from dawn to dusk. In the event that activities
are conducted at either the St. Louis Field or Mechanics Park for
which there is an admission fee charged or access is otherwise controlled,
no member of the public shall have the right to enter said park areas
without authorization and/or payment of such admission fee. The Director
shall cause notices of the opening and closing hours to be posted
in each individual park for public information and enforcement purposes.
(b)
Closed areas. Any section or part of any park may be declared closed
to the public by the Director at any time for any interval of time,
either temporarily or at regular stated intervals (daily or otherwise).
(c)
Entry prohibited. Except with the written permission of the Director,
no person shall enter, pass through or remain in any park, or the
closed area of any park, except during the hours and times when such
park, or portion thereof, is open to the public as provided in this
section.
(d)
Dogs, horses and horse-drawn vehicles.
[Amended 5-16-2017 by Ord. No. 2017.38; 4-16-2019 by Ord. No. 2019.28; 8-20-2019 by Ord. No. 2019.78; 7-20-2021 by Ord. No. 2021.58]
(1)
Dogs
are prohibited from entering or remaining in any playground, schoolyard,
athletic field, beach areas or any other area posted under authorization
of the Recreation Director, except as follows:
a.
City
beaches. No unleashed dog is allowed on any of the City's public beaches
from March 15 to September 15. Dogs are completely prohibited from
May 25 to September 15 between the hours of 9:00 a.m. and 5:00 p.m.
Unleashed dogs under voice command are allowed on the City's public
beaches all day from September 16 to March 14. This subsection does
not apply to the beach at Rotary Park.
b.
Rotary
Park. Dogs may not use any part of the Rotary Park beach between the
hours of 9:00 a.m. and 8:00 p.m. from May 25 to September 15 of each
year.
(a)
Pursuant to its authority under 30-A M.R.S.A. § 3252, the
City does hereby designated the following athletic fields, parks,
playgrounds or recreational facilities as a "safe zone" under 17-A
M.R.S.A. § 1101(23):
(1)
Rotary Park (includes entire parcel from Main Street to the
Saco River).
(2)
Doran Field.
(3)
St. Louis Field (entire fenced-in area).
(4)
Waterhouse Field.
(5)
Mayfield (including all baseball and softball fields and tennis
courts).
(6)
Clifford Park (playground that abuts Pool Street, including
tennis and basketball courts).
(7)
Biddeford Pool Bathhouse/Gilbert Boucher Park.
(8)
J. Richard Martin Community Center Playground.
(9)
The Arena (Biddeford Ice Arena).
(10)
Williams Court Park.
(11)
Mechanics Park.
(12)
Shevenell Park.
(13)
Liberty Park.
(14)
Pierson's Lane Community Park.
(b)
The Commissioner of Public Safety has approved the following wording
to be used on a safe zone informational sign under the Maine Revised
Statutes, Title 30-A § 3253:
DRUG-FREE
| |
SAFE ZONE
| |
INCREASED PENALTIES FOR DRUG CRIMES
| |
COMMITTED WITHIN THIS ZONE
| |
(17-A, M.R.S.A. CHAPTER 45)
|
The Director and his or her subordinate employees shall, in
connection with their duties imposed by law, diligently enforce the
provisions of this chapter. In addition, the Code Enforcement Officer
and the members of the Biddeford Police Department shall also have
the authority to enforce the provisions of this chapter.
Any person, firm or corporation violating any provisions of
this chapter, upon conviction thereof, shall be fined in an amount
not exceeding $100. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.