[HISTORY: Adopted by the Town Board of the Town of Ogden 12-13-1989 by L.L. No. 9-1989 (Ch. 134 of the 1995 Code). 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 Parks and Recreation Department of the Town of Ogden.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this chapter, the following terms shall have the meanings indicated in this section:
DIRECTOR OF PARKS or DIRECTOR
The Director of Parks of the Town of Ogden or the Director's duly authorized agent or representative.
LAW ENFORCEMENT OFFICER
Any police officer, peace officer, Sheriff's deputy, New York State Trooper or any other law enforcement official of the County of Monroe, State of New York, federal government, City of Rochester, any Town or village within the County of Monroe or any other applicable jurisdiction having jurisdiction or authority to enforce this chapter.
PARK
The grounds, buildings thereon, waters therein 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 Ogden for public park purposes.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
TOWN
The Town of Ogden.
TOWN BOARD or BOARD
The elective legislative body of the Town of Ogden.
TOWN SUPERVISOR
The chief elected or appointed executive officer and administrative head of the Town government of the Town of Ogden.
VEHICLE
Every device in, upon or by which a person or property is or may be transported or drawn upon a highway.
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 6:00 a.m., prevailing local time, in the Town of Ogden, except in an emergency or with a special permit of the Director of Parks. In case of an 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 or to designated persons until permission is given to reopen.[1]
[1]
Editor's Note: Former § 134-3B of the 1995 Code, Nononbservance, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Park lodges shall be used subject to the following rules:
(1) 
Permits shall be required for the use of all park lodges.
(2) 
Permits to use park lodges shall be issued at the Park Office, 269 Ogden Center Road, Spencerport, New York 14559.
[Amended 7-8-1992 by L.L. No. 4-1992]
(3) 
Applicants for permits must be 21 years of age or over. All permits must be signed by the applicant prior to use of the lodge. The signer of the permit shall be responsible for all damages to the lodge and its contents and agrees, as a condition for the granting of the permit, to indemnify the Town of Ogden for all such damages.
(4) 
As a condition for granting a permit, the Director of Parks may require proof of insurance or a security deposit, in accordance with rules and regulations promulgated by the Director pursuant to § 195-29 below.
(5) 
The key to the designated lodge shall be issued when the permit is presented within the designated park. Said key shall be issued only to an adult 21 years of age or over.
(6) 
The adult to whom such key is issued shall be on the premises at all times during the period of use.
(7) 
The use of cooking or heating devices fueled by propane or some other similar highly volatile liquid or gaseous fuel is prohibited in park lodges.
(8) 
Park lodges shall close at 9:45 p.m.
B. 
Where a permit has been issued allowing the overnight use of a park lodge, the above rules shall be applicable with the exception of Subsection A(8) above relating to time of closing.
C. 
A tentative reservation will be held for no more than 14 days. If payment for the permit is not received during such period, the reservation will be canceled. Reservations may be canceled by permit holders and fees refunded up to one week (seven days) before the reserved date. Thereafter, refunds will be made upon cancellation only because of death or serious illness in permit holders' families or because of some other extraordinary cause not within the control of the permit holders. Refunds also will be made if the permit holders are prevented from using the lodge on the reserved date because of extremely adverse weather conditions, major damage to or destruction of the lodge or some other extraordinary cause not within the control of the permit holders.
D. 
Except as set forth in Subsection E below, all permits must be paid for and picked up (or received) from the park office at least 72 hours prior to use of the lodge.
E. 
Park lodges may be reserved less than 72 hours in advance, on a first-come-first-served basis, by making payment to and obtaining a permit from the park supervisor of the park in which the lodge is located.
F. 
The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.
G. 
Nonobservance of the rules in this section shall constitute grounds for denial or cancellation of any permit applied for or issued pursuant to this section and denial of applications for future permits, as set forth in § 195-28 below.
A. 
Permits shall be required for all camping in Town parks.
B. 
When various camping locations are made available within a park, rules and regulations particular to each location shall be promulgated by the Director pursuant to § 195-29 below.[1]
[1]
Editor's Note: Former § 134-5C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall engage in potentially dangerous games involving thrown or propelled objects, such as footballs, baseballs, horseshoes, golf balls or similar objects, except in areas designated for such usage, and then only subject to such rules and regulations as may be promulgated by the Director of Parks pursuant to § 195-29 below. 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.[1]
[1]
Editor's Note: Former § 134-6B of the 1995 Code, Nononbservance, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall bathe, wade, swim or scuba dive within any pond or other waterway within any Town park.
[Amended 7-8-1992 by L.L. No. 4-1992]
B. 
No person shall allow a dog, cat or other household pet within their control to swim within any pond or other waterway within any Town park.
[Amended 7-8-1992 by L.L. No. 4-1992]
C. 
No person shall use any raft, inner tube, boat or other object intended to support a person within any pond or waterway within a Town park.
[Amended 7-8-1992 by L.L. No. 4-1992]
D. 
The use of life rafts, inner tubes and other objects intended to support persons is prohibited in any of the designated swimming areas.
E. 
Boats, surfboards, water skis and similar aquatic equipment are prohibited within the designated swimming areas.
F. 
No diapered infants shall be permitted to wade or bathe in park waters.
G. 
Dogs, cats, other household pets and horses are prohibited in all swimming areas and beaches.
H. 
The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.[1]
[1]
Editor's Note: Former § 134-7I of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Boating in or adjacent to park property shall be permitted only in areas designated for such use, and then only in strict conformance with all applicable federal state and municipal laws and ordinances, as amended from time to time. No persons shall operate, row or paddle a boat or canoe in or upon park waters unless able to handle the same with safety to themselves and other occupants thereof or in such manner as not to annoy or endanger the occupants of other boats or canoes. No person shall stand up in or rock a boat or canoe, make a raft of canoes or let for hire or use any rented canoe that does not carry at least one life preserver for each occupant of such canoe.
B. 
No person, except those in the employ of the Parks and Recreation Department, shall, without written permission from the Director, place or propel upon the waters in any park any float, boat or other watercraft or land from any boat at a place not designated by the Director for that purpose.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.[2]
[2]
Editor's Note: Former § 134-8D of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Tobogganing and sledding within Town parks shall be permitted only in areas designated for that purpose and in accordance with rules and regulations promulgated by the Director pursuant to § 195-29 below.
A. 
Horseback riding shall be permitted only on designated roadways or bridle paths and only on condition that horses are ridden with care and under such control that they can be easily or quickly turned or stopped. No person shall permit any horse to stray unattended or to graze within the parks. In no event shall horses be permitted on golf courses, swimming areas and beaches or in picnic areas. No person shall ride horseback in any park after dark or before daybreak. No person shall smoke while mounted on horseback within the parks.
B. 
The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.[1]
[1]
Editor's Note: Former § 134-10C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Other activities in Town parks not specifically regulated hereunder shall be subject to rules and regulations promulgated by the Director pursuant to § 195-29 below.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Riders of bicycles shall comply with all laws and rules for the regulation of other vehicles and, in addition thereto, shall be subject to the following rules:
A. 
No person shall ride a bicycle upon the lawns, walks, foot trails or bridle trails of Town parks or parkways unless designated for such vehicles. In no event shall bicycles be permitted on golf courses.
B. 
Riders shall proceed in the extreme right-hand lane of the drives at all times, in single file only.
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 on to any moving vehicle for the purpose of being drawn along.
E. 
No bicycle shall be pushed upon any park road where an adjoining footwalk 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 footwalks.
H. 
Wherever possible bicycles shall be parked in places provided for such purposes.
I. 
The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.[1]
[1]
Editor's Note: Former § 134-12J of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall operate any snowmobile within a park. A "snowmobile" shall be defined as any self-propelled vehicle designated 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 or limited-use vehicle in any part of a park, except that off-road or limited-use vehicles properly registered in accordance with New York State Vehicle and Traffic Law may be operated on park roads or parked in park parking lots in accordance with the provisions of § 195-14. Off-road 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; or any similar type of vehicle or conveyance.[1]
[1]
Editor's Note: Former § 134-13C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Restrictions on driving of vehicles. No person shall drive any automobile, motorcycle or other motorized vehicle upon any part of the Town parks or parkways except upon 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 vehicular traffic.
B. 
Vehicles for hire not to stand in parks; exception. No person shall cause any taxi, bus, limousine or other vehicle for hire to attend upon any part of the parks or parkways for the purpose of soliciting or taking passengers or persons other than those carried to the parks or parkways by said vehicle.
C. 
Use of the parks by certain vehicles prohibited. No persons 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 the park or parkway unless the presence of the vehicle is permitted in conjunction with an event permitted or sponsored by the Town. This section shall not apply to vehicles engaged in the construction, maintenance or operation of the parks or parkways, to vehicles making deliveries to the parks or parkways nor to buses under the permit of the Parks and Recreation Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Duty of vehicle operators to comply with Vehicle and Traffic Law. It shall be the duty of every person operating an automobile, motorcycle or other motorized vehicle within the parks or parkways to comply with the New York State Vehicle and Traffic Law; the applicable traffic ordinances of the Town of Ogden and the towns and villages in Monroe County; and with all orders, directions and regulations issued by traffic officers or officially displayed on any post, standard, sign or device installed for the regulation of traffic.
E. 
Speed of vehicles. No vehicle shall be operated on any road or drive in any park or parkway at a speed exceeding 25 miles per hour, unless otherwise posted. The Parks and Recreation Department shall cause signs to be erected along such roads or drives indicating such speed limits.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
No passing within certain areas. No vehicle shall pass another vehicle proceeding in the same direction if the center of the road is marked with a solid double line.
G. 
One-way traffic. In certain areas there may be one-way traffic. It will be so posted and must be followed.
H. 
Stopping at intersection of park drives or roadways. When the Parks and Recreation Department 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Parking prohibited in specific areas during specific hours. No person shall park any vehicle or permit any vehicle to remain standing on any highway or roadway or in any parking area within the boundaries of a Town park in excess of the length of time and between the hours as hereinafter specified. No parking shall be allowed on any of the park roads during the hours of 10:00 p.m. and 6:00 a.m. No parking shall be allowed on the major roads or in other park areas which will be designated by signs during the hours the parks are open. No parking shall be allowed in the parking areas during the times prohibited or otherwise regulated by signs posted in the parking areas. It shall be unlawful for any person to park, stop or leave standing any vehicle in any parking area in any park except during the time such person remains in the park.
J. 
Definition of term "parking." The term "parking" 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. 
Posting of signs. The Parks and Recreation Department shall erect suitable signs on roadways and in parking areas, which signs shall indicate when parking is authorized or not authorized.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
Reckless driving. No person shall operate a vehicle along or over any road or drive 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 said park drive or roads.
M. 
Drag racing. No person shall participate in a drag race upon any park drive or park property. "Drag racing" 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 to a speed in excess of such permitted speeds shall be prima facie evidence of drag racing.
N. 
Operation of motor vehicles while under the influence of alcohol or controlled substance. No person who is under the influence of alcohol or a controlled substance, as defined in § 195-25, shall operate any vehicle in a Town park.
O. 
Driving vehicle in unsafe condition. No person shall drive, move, cause or knowingly permit to be driven or moved within a Town park any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person.
P. 
Spotlights. No person shall use or shine spotlights or unnecessarily or continuously shine automobile headlights on or into park lands, except under the direction of a law enforcement officer or park employee or except where necessary for the preservation of life or property.
Q. 
Additional rules and regulations. The Director is authorized to promulgate further rules and regulations pertaining to this section pursuant to § 195-29 below.
R. 
Nonobservance of Subsection L of § 195-14 shall constitute a misdemeanor.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall take or attempt to take any fish from or send or throw any animal or thing into a pond or any of the waters of a park, except with permission of the Director of Parks and except that fishing may be permitted in season in certain park waters designated by the Director. No person shall kill, injure or unnecessarily disturb any fish, waterfowl, birds or animals. No person within the confines of the park shall hunt, pursue with dogs, trap or in any other way molest any wild bird or animal found within the confines of a park or rob or molest any bird nest or take the eggs of any bird.
B. 
Notwithstanding the above prohibition against trapping, the Town Supervisor is hereby authorized to grant limited permits for the trapping of wild animals in Town parks if the Director of Parks, after consultation with the County Director of Health and appropriate officials of the State Department of Environmental Conservation, certifies to the Town Supervisor that the health, safety and welfare of residents of the Town of Ogden are or may be adversely affected unless limited trapping of wild animals is permitted in one or more Town parks. The number and duration of such permits shall be only such as is necessary, in the opinion of the Town Supervisor, to correct any circumstances that have caused or contributed to a threat to the public health, safety and welfare. The Town Supervisor shall promulgate rules and regulations governing the issuance, supervision and termination of such permits. All permits issued pursuant to this subsection shall be in accordance with the rules and regulations promulgated by the Town Supervisor and shall be consistent with all applicable provisions of New York State Environmental Conservation Law and the regulations pertinent thereto.[1]
[1]
Editor's Note: Former § 134-15C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall bring into, permit, have or keep in a park any dog, cat or other household pet or any other animal which may be injurious or destructive to birds, fish, animals or other wildlife, plant life or other natural features within a park or may be dangerous, injurious or offensive to other users of a park. Horses may be permitted in a park only as set forth in § 195-10 above.[1]
[1]
Editor's Note: Former § 134-16B of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall commit any of the following acts within Town parks without written permission of the Director of Parks or some other person duly authorized to act for him:
(1) 
Post or display any sign, banner or advertisement of any kind within a park.
(2) 
Picnic or cook in any area not designated by the Director for that purpose; make or kindle any fire except in places provided therefor, and then subject to such rules and regulations as may be promulgated pursuant to § 195-29 below.
(3) 
Sleep, camp, lodge or reside in any park buildings, except in such places as designated for said purposes by the Director.
(4) 
Engage in trapping, fishing or hunting except as permitted in § 195-15 above.
(5) 
Ascend or land with any aircraft, including gliders, balloons or parachutes, or engage in stunt flying or parachute landing.
(6) 
Construct, repair or relocate utility fixtures, such as sewers, hydrants, posts, lines and conduits, or open trenches or make excavations or engage in any construction in or on parklands.
(7) 
Carry any shovel, ax, saw or spade within parks; violate the regulations of the Director relating to any building or place; damage any notice posted by order of the Director; cut parkway curbs for private drives; locate, grade or construct paths, driveways and roadways across or along any parkway or park road; deposit materials in or upon any park or park roads.
B. 
Commercial activities prohibited; exception. 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 for duly authorized concession agreements or other agreements for park purposes which shall have been approved or authorized by the 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 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.[1]
[1]
Editor's Note: Former § 134-18D of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 any Town 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 the purpose.
B. 
No person shall abandon any motor vehicle or other equipment or property of any kind in any Town park.
C. 
No person shall, either within or outside of a Town park, discharge into, throw, cast, lay, drop or leave in any river, brook, stream, storm sewer or drain flowing into or through such park any substance, matter or thing, either liquid or solid, which may or shall result in the pollution of said river, brook or stream within a park or interfere with the conservation of the natural resources of said park or endanger the health, safety or well-being of visitors in such park.[1]
[1]
Editor's Note: Former § 134-19D of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof shall:
(1) 
Engage in fighting or violent, tumultuous or threatening behavior while in a park.
(2) 
Use abusive obscene language or make an obscene gesture while in a park.
(3) 
Without lawful authority, disturb any lawful assembly or meeting of persons in a park.
(4) 
Obstruct vehicles or pedestrian traffic in a park.
(5) 
Congregate with other persons in a public place and refuse to comply with a lawful order of a law enforcement officer, the Director of Parks or parks personnel to disperse or to leave the park.
(6) 
Create a hazardous or physically offensive condition by any act which serves no legitimate purpose.[1]
[1]
Editor's Note: Former § 134-20B of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No persons 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 their persons.[1]
[1]
Editor's Note: Former § 134-21B of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Prohibited acts.
(1) 
No person shall make, continue, cause or permit to be made or continued any unreasonable noise in a park.
(2) 
No person shall shout, yell, call or whistle in a park so as to cause unreasonable noise.
(3) 
No person shall operate or use any radio, musical instrument, television, phonograph or other machine or device for the production, reproduction or amplification of sound in such a manner so as to cause unreasonable noise in a park.
(4) 
No person shall operate or use or cause to be operated or used any sound-reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any event, performance, show, sale or display of merchandise in connection with any commercial operation.
(5) 
No motor vehicle, other than a police or emergency vehicle, which makes or creates unreasonable noise shall operate in a park.
(6) 
No person shall operate a vehicle in such a manner as to cause unreasonable noise by spinning or squealing the tires of such vehicle.
(7) 
No person shall cause the sounding of any horn or signaling device on any automobile, motorcycle, bicycle or other vehicle except as a danger warning.
B. 
"Unreasonable noise" shall be defined as any unusual loud sound which either annoys, disturbs, injures or endangers the health, safety, welfare, peace, quiet, comfort or repose of persons or which causes injury to plant or animal life. Standards to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, the following:
(1) 
The volume of the noise.
(2) 
The intensity of the noise.
(3) 
Whether the nature of the noise is usual or unusual.
(4) 
Whether the origin of the noise is natural or unnatural.
(5) 
The volume and intensity of the background noise, if any.
(6) 
The time of the day or night the noise occurs.
(7) 
The duration of the noise.
(8) 
Whether the noise is recurrent, intermittent or constant.
(9) 
Whether the noise is produced by a commercial or noncommercial activity.[1]
[1]
Editor's Note: Former § 134-22C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall loiter or remain in any park for the purpose of begging.
B. 
No person shall loiter or remain in any park for the purpose of gambling with cards, dice or other gambling devices.
C. 
No person shall loiter or remain in any park for the purpose of soliciting or engaging in any business, trade or commercial transaction involving the sale of merchandise or services, except as set forth in § 195-17B above.
D. 
No person shall loiter in or near toilet buildings.[1]
[1]
Editor's Note: Former § 134-23E of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 7-8-1992 by L.L. No. 4-1992]
A. 
It shall be unlawful for any persons, except law enforcement officers in carrying out their duties, to carry or otherwise possess any firearm, bow and arrow or other dangerous instrument concealed on or about their persons or within a vehicle within the boundaries of any Town park.
B. 
It shall be unlawful for any person, except a law enforcement officer, to fire or discharge any firearm within any part of any Town park.
C. 
It shall be unlawful for any person, except a law enforcement officer in the line of duty, to possess or discharge any type of air gun, pellet gun, compressed-air weapon or any similar weapon from which a BB, pellet, dart, paint ball or similar object which can be propelled by either compressed air or spring within the boundaries of any Town park.
D. 
These prohibitions do not apply to instrumentalities reasonably necessary for trapping utilized by persons authorized to trap in a park pursuant to § 195-15B above.
E. 
Nonobservance of § 195-24 shall constitute a misdemeanor.
No person shall use, carry, transport or sell within a park any marijuana, narcotic drug, hallucinogen or controlled substance as defined in § 220.00 of the New York State Penal Law or drug paraphernalia as defined in § 220.50 of the New York State Penal Law. Violations of this section will be prosecuted in accordance with the New York State Penal Law. Violators will be subject to the penalties prescribed therein.
[Amended 7-8-1992 by L.L. No. 4-1992]
A. 
A person is guilty of unlawful possession of alcoholic beverages when such person:
(1) 
Possesses an alcoholic beverage or drinks from an opened container of an alcoholic beverage in or within 25 feet of any road, right-of-way or road shoulder.
(2) 
Possesses or transports or brings beer into a park in a draft dispenser without a permit from the Director of Parks.
(3) 
Possesses, transports or brings into a park more than six twelve-ounce containers of beer without a permit from the Director.
(4) 
Possesses, transports or brings into a park more than 32 ounces of liquor, other than beer, without a permit from the Director.
(5) 
Possesses an alcoholic beverage or drinks from an open container of an alcoholic beverage in or within the boundaries of any playing court or athletic playing field.
(6) 
Possesses, places in plain view of others or drinks an alcoholic beverage in a location specifically designated by the Director as an area where alcoholic beverages are prohibited or transports or brings an alcoholic beverage into such area. The Director may designate areas other than those already designated herein as nondrinking areas.
B. 
In any proceeding under this subsection, a container will be presumed to contain an alcoholic beverage when a label affixed thereto indicates the words "beer," "whiskey," "wine," "rum," "gin," "liquor," "sherry" or "vodka" or other commonly known types of alcohol or which label designates an alcoholic proof content.
C. 
No persons shall carry into or have in their possession any type of glass beverage container while within the boundaries of any Town park.
D. 
The Director of Parks is hereby authorized to issue permits, as set forth in § 195-28 below, for the transportation and consumption of alcoholic beverages in Town parks and to promulgate rules and regulations pursuant to § 195-29 below regarding the consumption of alcoholic beverages in Town parks.
E. 
The posting of signs in areas designated as nondrinking areas by the Director of Parks shall not be required.
F. 
Any open container in any vehicle shall be presumptive evidence that the same is in the possession of all of the occupants thereof and in violation hereof.[1]
[1]
Editor's Note: Former § 134-26G of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No parents, guardians or custodians of any minor shall permit or allow such minor to do any act which would constitute a violation of this chapter.[1]
[1]
Editor's Note: Former § 134-27B of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Director of Parks is authorized to grant and issue permits for the activities described in §§ 195-3, 195-4, 195-5, 195-6, 195-8, 195-14, 195-15, 195-17 and 195-26 of this chapter; permits authorized or required by rules and regulations promulgated by the Director pursuant to § 195-29 below; and such permits or other written permission as may be necessary to effectuate or implement the provisions of this chapter.
B. 
Permits for the use or 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 Director of Parks only upon the approval of the Town Board.
C. 
Agreements (also known as "lease-back agreements") for the occupancy and use of park property by former owners who have conveyed such property to the Town of Ogden authorized by § 15.11 of the New York State Parks, Recreation and Historic Preservation Law shall be executed by the Town Supervisor on behalf of the Town of Ogden, only upon the approval of the Town Board.
D. 
As a condition for granting a permit, the Director of Parks may require proof of insurance or a security deposit, in accordance with rules and regulations promulgated by the Director pursuant to § 195-29 below.
E. 
All permits issued by the Director of Parks or by the Town Supervisor, pursuant to § 195-15B above, shall be in writing and shall be signed or authenticated by the Director or the Town Supervisor or the Director's or Supervisor's duly authorized agent, as the case may be. All such permits 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 Town of Ogden and any other municipality having jurisdiction.
F. 
Any violation of the terms and conditions of a permit issued hereunder, of this chapter or of any rules or regulations promulgated pursuant thereto or any other applicable laws shall constitute grounds for the immediate revocation of such permit by the Director of Parks or the Town Supervisor for permits issued pursuant to § 195-15B above or the Director's or Supervisor's authorized representative, which revocation shall be 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 Director of Parks is authorized to promulgate rules and regulations concerning the activities described in §§ 195-4, 195-6, 195-7, 195-8, 195-9, 195-12, 195-13, 195-14, 195-15, 195-17, 195-21, 195-30 and 195-32 of this chapter; such further rules and regulations as may be necessary to effectuate or implement the provisions of this chapter; and such additional rules and regulations as may be authorized or directed by the Town Board.
B. 
All rules and regulations promulgated by the Director hereunder shall be approved by the Town Board.
C. 
Reasonable efforts shall be made by the Director to reproduce, post, make available, distribute and publicize all rules and regulations hereunder. All such rules and regulations shall be part of the Town of Ogden Code. Where practicable, such rules and regulations shall be included as appendixes to this chapter.
A. 
No person shall fail or refuse to comply with any reasonable order relating to the regulation of activities hereunder or the enforcement of provisions of this chapter lawfully given by the Director of Parks, the Director's duly authorized agents or representatives, parks personnel or any law enforcement officer or other official or any policing agency having jurisdiction.
B. 
No person shall willfully resist, obstruct or abuse the Director, the Director's duly authorized agents or representatives, parks personnel or any law enforcement officer or other official of any policing agency having jurisdiction in the execution of their offices and duties.[1]
[1]
Editor's Note: Former § 134-30C of the 1995 Code, Nononbservance, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any law enforcement officer may, without warrant, arrest any person who has violated any of the provisions of this chapter or any rules or regulations promulgated hereunder and take the person so arrested forthwith before a magistrate having competent jurisdiction.
B. 
Any law enforcement officer shall have the right at all times to enter the premises of any building, structure or enclosure in any park, including such grounds, buildings, structures or enclosures occupied or used pursuant to a permit hereunder (except for so-called "lease-back agreements" authorized pursuant to § 195-28C above) for the purpose of arresting violators hereof and may use all necessary means to attain that end.
C. 
Law enforcement officers are authorized to request the production of a driver's license or other identification in enforcing this chapter.
A. 
Violations. With the exception of § 195-14L and § 195-24 of this chapter, failure to comply with the requirements of this chapter shall be a violation. Any person convicted of a violation, as set forth in this chapter, shall be subject to fine and/or imprisonment, as follows:
[Amended 12-13-1995 by L.L. No. 9-1995[1]]
(1) 
First offense: a fine of not less than $50 nor more than $250 and/or imprisonment not to exceed 15 days.
(2) 
Second offense: a fine of not less than $250 nor more than $500 and/or imprisonment not to exceed 15 days.
(3) 
Third or subsequent offense: a fine of not less than $500 nor more than $750 and/or imprisonment not to exceed 15 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Misdemeanors. Any person convicted of a misdemeanor as set forth in this chapter shall be subject to a fine of not less than $500 nor more than $1,000 and/or imprisonment not to exceed one year or as otherwise may be prescribed in the New York State Penal Law.
[Amended 12-13-1995 by L.L. No. 9-1995]
C. 
Restitution; reparation; services to Parks and Recreation Department. Any person convicted of a violation or a misdemeanor, as set forth in this chapter, shall be subject to the provisions of § 65.10 of the New York State Penal Law and § 758-a of the New York State Family Court Act relative to the making of restitution, reparation for loss or damages and the performing of services for a public agency or for the public good, which in such case shall include appropriate services for the Parks and Recreation Department of the Town of Ogden.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Parents or legal guardians. Parents or legal guardians of infants over 10 and less than 18 years of age shall be liable for damages or destruction caused in Town parks by such infants, up to the sum of $1,000.