Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Sardinia, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Sardinia 7-21-1981. Amendments noted where applicable.]
This chapter shall be known as the "Sardinia Parks Law."
The rules and regulations set forth herein shall apply to and be in effect in all parks under the control, supervision and jurisdiction of the Town Board of the Town of Sardinia, Erie County, New York.
The following terms shall have the meanings indicated:
PARK
The grounds, buildings, structures, roads, parking areas, utilities, equipment, waters 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 Sardinia for park and recreation purposes.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
RESOLUTION
A resolution duly adopted by the Town Board enacting, amending or repealing rules and regulations.
[Amended 8-26-1989 by L.L. No. 4-1989]
TOWN BOARD
The Town Board of the Town of Sardinia, Erie County, New York.
It shall be unlawful for any person, except employees of the Town of Sardinia and Sardinia Town constables and police officers acting pursuant to their official duties and properly supervised groups with special permission from the Town Board, to enter a park prior to 8:00 a.m. or to remain within a park after 10:00 p.m., local time, unless these hours are modified by resolution of the Town Board.
A. 
It shall be unlawful for any person to carry or otherwise transport or to use any firearm, air gun, slingshot, arrow, bow or other missile-throwing device in a park, provided that, for the purpose of participation in responsibly supervised archery events and with a permit issued by resolution of the Town Board, bows and arrows may be brought into a park for use only in areas designated by resolution of the Town Board, and provided that police officers acting pursuant to their official duties may carry firearms in the park.
B. 
It shall be unlawful for any person to carry or otherwise transport or to use fireworks, including firecrackers, torpedoes, cherry bombs or explosives of any kind, in a park without special permission from the Town Board, pursuant to §§ 270.00 and 405.00 of the Penal Law.
[Amended 8-26-1989 by L.L. No. 4-1989]
It shall be unlawful for any person, other than employees of the Town of Sardinia acting pursuant to their assigned duties, to:
A. 
Injure, deface, disturb or befoul any part of a park or any of the buildings, roads, signs, equipment or other property or improvements found therein.
B. 
Remove, injure or destroy any tree, flower, shrub, grassed area or any vegetation, or fruit or seed thereof, found within a park, and including the stripping of bark or cutting of any tree.
C. 
Remove, injure, destroy or disturb any rock or other mineral found within a park.
It shall be unlawful for any person to:
A. 
Drive or cause to be driven within a park any vehicle at a speed or in a manner which endangers the life, limb or property of any person, and in no event shall the speed of any vehicle exceed five miles per hour unless a greater speed shall be allowed and posted pursuant to a resolution of the Town Board.
B. 
Park or cause to be parked any vehicle at a place where a sign prohibiting parking has been erected pursuant to a resolution of the Town Board or at a place where such vehicle obstructs the smooth flow of traffic.
C. 
Park or cause to be parked any vehicle so that such vehicle lies more than five feet from the nearest park road or parking lot as measured from the edge of such road or lot to the closest point on such vehicle.
D. 
Drive upon or along any park road or drive which has been closed to vehicular traffic and posted with appropriate signs or barricades, by resolution of the Town Board, during the process of road or park construction, reconstruction or repair or when necessary because weather conditions render its use either unsafe or unduly destructive for the park or of any road.
E. 
Use any portion of a park for purposes of vehicular passage, except such roads, paths and trails as shall have been established and posted for such purposes.
F. 
Operate any commercial vehicle weighing in excess of two tons in a park unless authorized by resolution of the Town Board.
G. 
Operate any unlicensed motor vehicle, including a dirt bike or go-cart, in a park.
It shall be unlawful for any person to:
A. 
Start a fire in a park for any purpose, except in a stove, oven, grill, camping facility or fire circle provided for that purpose, and provided that the Town Board may by resolution prohibit fires for limited periods at any location or for any purpose when necessary for the protection of park property.
B. 
Start or use any fire and to fail to extinguish such fire upon leaving the site.
C. 
Deposit or leave any lighted match, cigarette, cigar or burning tobacco where it may cause a fire.
It shall be unlawful for any person to drop, throw, scatter or litter park property with garbage or refuse, and no person shall bring into, leave behind or dump any material of any kind in a park except the refuse, ashes, garbage and other materials of a picnic, camp or other permitted activity, and such material shall be deposited in receptacles provided for such purpose.
[Amended 8-26-1989 by L.L. No. 4-1989; 3-12-2003 by L.L. No. 1-2003]
It shall be unlawful for any person to bring any dog into a park unless such dog is properly licensed and held in control at all times by a leash not more than six feet long.[1] Any person bringing a dog into a park shall also be responsible for cleanup and removal of any fecal deposits left by the dog during park visits. Further, it shall be unlawful for any person to bring any dog (note: service dogs for the visually or physically impaired will be permitted) into a park during special events. "Special events" shall be defined as the annual Chaffee-Sardinia Memorial Volunteer Fire Department Carnival, or any other such event requiring special use permit by the Town Board.
[1]
Editor's Note: See also § 54-2, Licensing, and § 54-5, Restrictions, of Ch. 54, Dogs.
It shall be unlawful for any person to hunt, trap or fish or in any other way molest any wild bird, fish or animal within a park.
It shall be unlawful for any person to bathe or swim in any pool in a park, except as prescribed in posted regulations adopted by resolution of the Town Board governing the same.
Except as may be lawfully regulated by resolution of the Town Board, it shall be unlawful for any person, while in a park, to engage in gambling or to profit from a gambling activity as those terms are defined in § 225.00 of the New York State Penal Law.
It shall be unlawful for any person, other than a Sardinia Town constable or a police officer, as defined in the Criminal Procedure Law, acting pursuant to his official duties, to:
A. 
Ride a horse in a park, except along and over bridle paths established and posted for such purpose.
B. 
Ride a horse so as to travel at a gait in excess of a trot while in a park.
C. 
Ride a horse in a park so as to endanger the life, limb or property of any person.
It shall be unlawful for any person to:
A. 
Possess or consume any alcoholic beverage in a park, except beer, ale or wine.
B. 
Consume any alcoholic beverage, including beer, ale or wine, or to carry any open alcoholic beverage container in any moving vehicle in a park.
It shall be unlawful for any person to carry, possess or leave any beverage container in a park where such container is made from glass or any other material which tends to shatter on impact, provided that baby bottles as commercially sold shall be exempt from this prohibition.
It shall be unlawful for any person to engage in any disorderly conduct, as that term is defined in § 240.20 of the New York State Penal Law, while in a park, provided that conduct shall be determined to be disorderly or not disorderly in light of the dedication of the park to the quiet enjoyment, recreation and relaxation of the public.
It shall be unlawful for any person to cause or permit noise or music to reach a level of sound which reasonably tends to annoy or disturb other park patrons, provided that no person shall be prosecuted for a violation of this section unless such person has been notified by a Sardinia Town constable or a police officer, as defined in the Criminal Procedure Law, acting pursuant to his official duties that such noise or music reasonably tends to annoy other park patrons, and provided, further, that the determination as to whether any such noise or music reasonably tends to annoy or disturb shall be made in light of the dedication of the park to the quiet enjoyment, recreation and relaxation of the public.
It shall be unlawful for any person to sell or offer for sale within a park any property, privilege or service whatsoever or to perform any service that was sold elsewhere, unless authorized by resolution of the Town Board.
It shall be unlawful for any person to enter upon or use any park facility or property for the use of which a fee or charge is imposed by resolution of the Town Board and notice thereof is prominently posted at or near such facility or property or the entrance thereto, unless he shall have first paid such fee or charge.
It shall be unlawful for any person to fail or refuse to comply with any reasonable order lawfully given by a Sardinia Town constable or by any police officer, as defined in the Criminal Procedure Law, acting pursuant to his office duties.
A. 
The Town Board is hereby authorized to promulgate by resolution and to post such reasonable special rules, not inconsistent with any provision of this chapter, in relation to the activities specified in Subsection D hereof, as may be necessary for the safety, comfort and convenience of park patrons and for the preservation of park property.
B. 
The Town Board may provide by resolution that the activities specified in Subsection D hereof are prohibited, except within such park areas, during such hours or seasonal periods or subject to such reasonable conditions or permit requirements as the Town Board may specifically provide.
C. 
The violation of any provision of any special rule or regulation promulgated and posted pursuant to this section shall constitute a violation of this chapter.
D. 
The Town Board may by resolution regulate the following activities by special rule or regulation not inconsistent with this chapter:
(1) 
Parking.
(2) 
Operation of motor vehicles.
(3) 
Use of park buildings, roads, parking areas and shelters.
(4) 
Commercial enterprises.
(5) 
Holding and advertisement of meetings, public exhibitions, public entertainment and religious ceremonies.
(6) 
Camping and fires.
(7) 
Fishing.
(8) 
Swimming, wading and bathing.
(9) 
Horseback riding.
(10) 
Bicycling.
(11) 
Operation of all-terrain vehicles.
(12) 
Operation of motorcycles.
(13) 
Operation of snowmobiles.
(14) 
Roller- and ice-skating.
(15) 
Snow skiing.
(16) 
Tobogganing and sledding.
(17) 
Archery.
(18) 
Golfing.
(19) 
Location, conduct and scheduling of all types of games, sports and athletic contests.
(20) 
Kite flying.
(21) 
Parachuting, hang gliding and ballooning.
(22) 
Operation of toy or model aircraft or other vehicles.
E. 
Every special rule or regulation promulgated by resolution of the Town Board pursuant to this chapter shall be filed in the office of the Sardinia Town Clerk and shall be effective, after such filing, upon the posting of such special rule or regulation in the park affected thereby.
The Town Board is hereby authorized to grant permits in conformity with this chapter and with any special rules or regulations promulgated by the Town Board pursuant to § 82-22 of this chapter. All permits issued to do any act shall authorize the same only insofar as it may be performed in strict accordance with the written terms and conditions thereof and not in violation of any law or ordinance. Any violation of any term or condition, or of any law or ordinance or of the rules and regulations governing the parks shall constitute grounds for revocation of said permit by the Town Board and shall constitute a violation of this chapter.
[Amended 8-26-1989 by L.L. No. 4-1989]
Any person convicted of a violation of this chapter shall be guilty of an offense punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.