[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:
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.
Any individual, firm, partnership, corporation or association
of persons, and the singular number shall include the plural.
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]
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.
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:
It shall be unlawful for any person to:
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.
