[Ord. of 8-2-1994; amended 6-5-2006]
This article shall be known and may be cited as the "City of Old Town Ordinance Regulating Conduct in Public Parks."
[Ord. of 8-2-1994; amended 6-5-2006]
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CITY
City of Old Town.
DIRECTOR
The Parks and Recreation Director appointed pursuant to Chapter 2, Article II, §§ 2-134 and 2-135, Code of Ordinances of the City of Old Town.
PARK
Shall be limited to the areas within the boundaries, as described in the records of the City Assessors, of the following City-owned recreational properties and facilities:
Name
Assessors Map No.
Lot No.
Peace Pole Park
26
39
Binnette Park and Riverfront Park
25
250
Spencer Park
25
249
Fourth Street Park
24
1
Stillwater Park, a/k/a Coombs Park
15
36
Treat and Webster Playground
31
37
Perkins Avenue Playground/Sargent Field
21
133
[Ord. of 8-2-1994; amended 6-5-2006; 4-18-2023]
A person shall not occupy in any manner a public park from sunset to sunrise, standard time zone, unless otherwise approved.
[Ord. of 8-2-1994; amended 6-5-2006]
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:
(a) 
Buildings and other property:
(1) 
Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, tables, benches, fireplaces, railings, paving or paving materials, water lines 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, facilities or park property or appurtenances whatever, either real or personal.
(2) 
Removal of natural resources. Dig or remove any sand, shrubs or plants, timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
(3) 
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.
(b) 
Trees, shrubbery and lawns:
(1) 
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 areas.
(2) 
Climbing trees. Climb a tree, or walk, stand or sit upon monuments, railings, fences or upon any other property not designated or customarily used for such purposes.
(3) 
Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. All rubbish 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 bringing it to the premises and properly disposed of elsewhere.
[Ord. of 8-2-1994; amended 6-5-2006]
No person in a park shall:
(a) 
State motor vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle laws with regard to equipment and operation of vehicles, together with such regulations as are contained in this article and other City ordinances.
(b) 
Parking; designated areas only. Park a vehicle in other than an established parking area.
(c) 
Night parking. Leave a vehicle standing or parked at night within any park area after dark without written permission from the Director between the hours of 10:00 p.m. and 6:00 a.m., Eastern standard time or daylight saving time, whichever may be in effect.
(d) 
Bicycles; confined to roads. Ride a bicycle on other than a paved vehicle road or path designed 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.
[Ord. of 8-2-1994; amended 6-5-2006]
No person in the park shall:
(a) 
Hunting and firearms. 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 blank cartridges, or any kind of trapping device. Shooting in park areas as defined herein is strictly forbidden.
(b) 
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 purposes such as a house trailer, camp trailer, tent or the like.
[Ord. of 8-2-1994; amended 6-5-2006]
No person in the park shall:
(a) 
Prohibition. Bring alcoholic beverages, nor shall any person drink alcoholic beverages in any park area at any time.
(b) 
Fires. 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 flammable material within any park area or on any highway, road or street abutting or contiguous thereto.
[Ord. of 8-2-1994; amended 6-5-2006]
(a) 
Officials. The Director and his subordinate employees shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. In addition, the members of the Police Department shall also have the authority to enforce the provisions of this article.
(b) 
Ejectment. The Director, any of his subordinate employees and all members of the Police Department shall have the authority to eject from any park any person acting in violation of this article.
(c) 
Public safety. The Director or any of his subordinates and all members of the Police Department shall have the authority to cease any action that they feel inappropriate, unsafe, or endangering other individuals at any time. They may also remove any individual whose behavior is inappropriate or unsafe.
[Ord. of 8-2-1994; amended 6-5-2006]
Any violation of any provisions of this article shall be a civil violation and subject to a penalty not to exceed $100. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as provided for such hereunder.