[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-2015 by L.L. No. 2-2015]
A.
The Town and Village of Lima entered into an agreement on July 27,
1984, to provide for the joint development, maintenance and operation
of the municipal park, Mark C. Tubbs Memorial Park, located on Ziegler
Drive within the Village of Lima Policies and regulations governing
the park are to be established and revised by joint agreement of the
Town of Lima and the Village of Lima. Administration of the park,
including daily oversight, enforcement of regulations and issuance
of all special use permits, shall be managed by the Village of Lima
Trustees.
B.
Park facilities of the Town and Village of Lima are subject to reasonable
controls to ensure the safety of the public therein. In order to promote
good order and encourage use of the facilities, the Town and Village
of Lima have each jointly adopted this article to regulate conduct
within the parks of the Town and Village of Lima that are under the
joint control of both municipalities.
The following terms shall have the meanings indicated in this
section:
The grounds, buildings thereon, water 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 and Village of Lima for public park purposes.
Any individual, firm, partnership, corporation, or association
of persons; the singular number shall include the plural.
Every device in, upon or by which a person or property is
or may be transported or drawn.
The following activities are prohibited within any municipal
park:
A.
No person shall disturb the peace and good order in any park.
B.
No person shall refuse to comply with a lawful order of any peace
officer or law enforcement official.
C.
No person shall beg, hawk, peddle or solicit within any park, except
as may then be permitted upon application and compliance with Chapter
116, Parks and Recreation, of the Code of the Village of Lima (as
the municipality charged with such administrative duty).
D.
No person shall engage in gambling or gaming.
E.
No persons, except peace officers or other law enforcement officers,
shall have or carry any dangerous weapons, concealed or otherwise,
on or about their person while in any park.
F.
No person shall use obscene, profane or abusive language while in
any park.
G.
No person shall loiter in or near the public restrooms.
H.
No person shall carry, fire or discharge any gun, pistol or firearms,
nor carry any rocket, torpedo or other fireworks of any descriptions,
nor use any bow or arrow or engage in trapping or hunting.
I.
No person shall remove or damage or mutilate vegetation, trees, bushes,
buildings, equipment, furnishings, or structures or violate the regulations
of the Lima Town Board and the Village Board of Trustees relating
to any building or place, damage any notice posted by order of the
Village Board of Trustees or deposit materials in or upon any parkland
or park road or pond.
J.
No person shall write, paint or carve on any tree, bench or park
structure.
K.
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 the park or rob or molest any
bird nest or take the eggs of any bird.
L.
No person shall injure, deface, disturb or befoul any buildings,
signs, equipment or other property located or found in the park.
M.
Carry-in/carry-out waste policy. Trash cans are not provided. Park
visitors are required to take all trash with them upon departing the
park. This policy eliminates unsightly trash containers and the costs
and nuisances associated with them and encourages all visitors to
help maintain a clean park.
N.
No person shall play or practice golf within the park.
O.
No person shall ride or lead a horse in the park.
P.
No person shall appear in the park in a state of nudity or commit,
perform or engage in any lewd, lascivious, obscene or indecent act
or behavior, and no person shall make any indecent exposure of his
or her person.
Q.
No person shall fail or refuse to comply with any reasonable order
relating to the regulation, direction or control of traffic or to
any other order lawfully given by any police officer or willfully
resist, obstruct or abuse any police officer or other official in
the execution of his office.
R.
No person shall operate a vehicle along or over any road or drive
within any park in a reckless manner or without due regard for the
safety and the rights of pedestrians and 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.
S.
No person shall participate in a drag race upon any park drive or
park property. "Drag racing" is 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, either at speeds 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.
T.
No person who is under the influence of intoxicating beverages or
illegal drugs or substances shall operate any vehicles within the
park.
U.
No person shall drive or move or cause or knowingly permit to be
driven or moved within the park any vehicle or combination of vehicles
which is in unsafe condition so as to endanger any person.
V.
No person shall use or shine spotlights or unnecessarily or continuously
shine automobile headlights into parklands, except under the direction
of a police officer or park employee or except where reasonably necessary
for the preservation of life or property.
W.
No person shall drive or operate any snowmobile or snow machine of
any type at any time within the park, except for the purpose of packing
trails to provide for access by park users, when explicitly authorized
by municipal authority.
X.
No person shall drive or operate any motor vehicle on any lawn, grass,
sidewalk or trail area within the park.
Y.
No person shall be permitted to smoke any cigar, cigarette, pipe,
e-cigarette or vape-cigarette at any location within the municipal
park.
Z.
No person shall permit a pet or domestic animal owned or harbored
or controlled by said person to run freely in the public park, and
the use of the public park by any domestic animal shall be allowed
only if such animal is kept on leash at all times while within the
park. Additionally, said leash must be held by a person supervising
such animal or pet at all times when the animal or pet is present
within the park. Animals or pets may not be chained or tied to a fence
or tree or other structure within the park, but must be under the
supervision of the owner or person supervising the pet or animal at
all times while within the park. All persons accompanying or allowing
an animal to enter a public park are required to remove from the park
any solid waste deposited by the pet or animal while present in the
park. Failure to do so will subject the person to penalties as provided
in § 166-8 of the Code of the Village of Lima. These requirements
and prohibitions are intended to apply to dogs and to any other domestic
animal or pet.
A.
No person shall be permitted to remain, stop or park within the confines
of any Village park from 9:00 p.m. to 6:00 a.m., except in an emergency
or with a special permit of the Village Board of Trustees. In case
of an emergency or when in the judgment of the Board of Trustees the
public interest demands it, the park or any portion of the park may
be closed to the public or to specific designated persons until permission
is given to reopen.
B.
Without a special permit of the Village Board of Trustees to be issued
for special events or organized activities, no person shall sleep,
camp, lodge or reside in any park building or grounds.
C.
No person shall bring into or keep in the park any dog, cat, household
pet or other animal, except that dogs or cats are permitted if held
in control by a leash.
D.
Vehicle regulation:
(1)
No person shall drive any automobile, motorcycle, motorized bicycle
or other vehicle upon any walks or paths or parkways, except for the
proper drives and parking areas, or permit the same to stand upon
the drives or any part thereof so as to congest traffic or obstruct
the drive, walks or foot paths. Bicycle paths and trails shall not
be used for any vehicular traffic or use.
(2)
No person shall cause any taxi, bus, limousine or other vehicle for
hire to attend upon any part of the drives or parkways for the purpose
of soliciting or taking in passengers or persons other than those
carried to the parks or parkways by said vehicle.
(3)
It is the duty of every person operating a vehicle within the parks
or parkways to comply with the Vehicle and Traffic Law of the State
of New York and Traffic Law of the State of New York and any other
applicable local laws or ordinances, and also the orders, directions,
and regulations issued by traffic officers or officially displayed
for the regulation of traffic.
(4)
No vehicle shall be operated on any road or drive in any drive or
parkway at a speed exceeding 10 miles per hour, unless otherwise posted.
(5)
In certain areas, the Town and Village of Lima may establish one-way
traffic patterns for vehicular travel.
(6)
In such instance that intersections of park drives or roadways are
marked with stop signs, no persons shall operate any vehicle, except
authorized emergency vehicles, over or across such intersection without
first bringing the vehicle to a complete stop at or near the stop
sign.
(7)
No person shall park any vehicle or permit any vehicle to remain
standing on any park highway or roadway or within the boundaries of
Mark C. Tubbs Memorial Park between the hours of 9:00 p.m. and 6:00
a.m. Parking areas in the parks are established for the convenience
of patrons while properly using the facilities of the parks and shall
not be used other than during park hours and for park visitation or
use. It is expressly prohibited to park a vehicle within the park,
unless and except the user of the vehicle remains present on the parklands
where the vehicle is parked or said user is then actively engaged
in a park-related activity off site.
(8)
The term "parking" shall mean the standing of any vehicle, whether
occupied or not, upon any interior road or drive or parkway other
than temporarily or while actively engaged in loading or unloading
or while standing in obedience to traffic regulations or traffic signals.
(9)
The Village shall erect suitable signs on all drives or parkways
hereinabove restricted as to parking, which signs shall indicate any
limitations upon parking or shall indicate that no parking shall be
allowed at any time.
(10)
Any vehicle left within the park after the park is closed, meaning
after the posted hours of operation of the public park during which
it is open and available for public use, shall be present in the park
in violation of park use regulations and this article. It shall be
the policy of the Lima Town Board and the Lima Village Board of Trustees
to alert police authorities to all violations of this article, including
but not limited to violation of the hours of use permitted within
the park. Motor vehicles remaining in the park after posted operating
hours may be detained from removal from the park by closure of the
park gates; in such instance, police authorities shall be alerted
to locate the vehicle operator and/or owner and to ticket persons
and vehicles remaining in the park after hours.
E.
Riders of bicycles shall comply with the rules for the regulation
of other vehicles. In addition thereto, no person shall ride a bicycle
upon the lawns, walks, paths or foot trails of the parks or parkways
unless designated for such vehicles.
F.
No person shall bring into or use any narcotic or illegal or controlled
substance or alcoholic beverage (including beer) in any park unless
permission is obtained from the Village Board of Trustees. Drinking
alcoholic beverages, including beer, is prohibited in the parking
lot and rights-of-way within the park.
G.
No person shall picnic or cook in any area not designated by the
Lima Town Board and the Village Board of Trustees for that purpose
or make or kindle any fire except in places provided therefor and
then subject to such regulations as may be prescribed.
Activities designated herein shall only be permitted after permits
have been obtained from the Village Board of Trustees, as the municipality
charged with the duty of administration of said public park, pursuant
to the procedure set forth in this section.
A.
No person shall commit any of the following acts within said parks
without first obtaining a written permit of the Village Board of Trustees
or some person duly authorized to act for it:
(1)
Post or display any sign, banner, advertisement or notice of any
kind within any park or play any music at a volume that can be heard
by other park patrons not directly affiliated with the party playing
such music, or keep or offer any article for sale.
(2)
Hold any public meeting or engage in any marching, drilling or driving
as members of a military, political or other organization; use any
loudspeaker or other sound-amplifying equipment.
(3)
Camp overnight within a park.
B.
Permit procedures.
(1)
A permit to use park facilities shall be issued by the Village Clerk
at the Village office.
(2)
All permits must be signed upon issuance by the applicant for the
permit. The person signing for the permit shall be responsible for
all damages to any park facility or contents thereof and agrees to
indemnify the Village for any such damages.
(3)
All permits except those for which payment has been made must be
picked up at the Village office at least 72 hours prior to use of
the park area, or the permit may be revoked by the Village Clerk and
the permit may be reissued to a third party.
(4)
The Village Board of Trustees is hereby authorized to grant permits
in conformity with the rules and regulations contained herein.
(5)
All permits issued by the Village Board of Trustees or by its duly
authorized agents shall be in writing and are subject to park rules
and regulations. Any violation of any term or condition thereof or
any law or ordinance or rules or regulations governing the parks shall
constitute grounds for revocation of said permit. No permit for the
same purpose shall be issued to the person or group whose permit has
been revoked during the year in which such revocation is made.
(6)
No person shall 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
without a permit.
No parents, guardians or custodians of any minor shall permit
or allow him or her to do any act which would constitute a violation
of this article or any other state or local law or ordinance.
A.
Violation of this article shall constitute disorderly conduct, and
any person violating it is deemed to be a disorderly person. Such
violation is punishable by a fine not to exceed $250 or imprisonment
for not more than 15 days, or both. Each violation of this article
shall constitute a separate offense.
B.
Any peace officer may, without a warrant, arrest any offender whom
he may detect in the violation of any of the provisions of the above
sections and take the person so arrested before a magistrate having
competent jurisdiction, and he shall have at all times the right to
enter the premises of any buildings, structure or enclosure within
the park, including such grounds, buildings, structures or enclosure
which may be leased or set aside for private or exclusive use of any
individual or group of individuals, for the purpose of arresting violators
hereof, and may use all necessary means to attain that end.
