[HISTORY: Adopted by the Town Board of the
Town of Perinton 8-12-1976 (Ch.
110, Arts. I and IV, of the 1976 Code); amended in its entirety 7-12-2006 by L.L. No. 2-2006. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Recreation and Parks Law of the Town of Perinton."
[Amended 3-8-2023 by L.L. No. 1-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
Any beverage containing any amount of alcohol.
Where named in the following sections of this chapter, the
responsibility or function of the Commissioner of Recreation and Parks
may be performed by the Commissioner or the Commissioner's duly
named representative or designee, to include but not be limited to
the Director of Recreation and the Director of Parks.
Where named in the following sections of this chapter, the
responsibility or function of the Director of Safety and Security
may be performed by the Director or their duly named representative
or designee.
Play for value against an uncertain event in the hope of
gaining something of value.
Includes a park or any other area owned or used by the Village
of Fairport or the Town of Perinton and devoted to active or passive
recreation under the jurisdiction and control of the Town of Perinton
Recreation and Parks Department.
Any written license issued by or under the authority of the
Town of Perinton Recreation and Parks Department authorizing the use
or occupancy of a specified property or facility, performance of a
specified act or acts or the conduct of a particular function, program
or activity.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
Noticeable unpleasant sound beyond bounds of reason or moderation.
Any vehicle propelled by power other than muscular power.
The following acts are prohibited and subject
to a violation unless otherwise noted. If an activity requires special
permission, such permission must be obtained in advance and in writing
from the Commissioner of Recreation and Parks. No person shall:
A.
Injure, disturb, befoul, write, paint, mark, carve
or otherwise deface any part of a park, including a tree, bench, building,
structure, sign, equipment or other property therein.
B.
Remove, injure or destroy any tree, flower, shrub,
rock or other mineral found therein. Express permission is required
to make landscape modifications or alterations.
C.
Interfere with any lamp, lamppost or electric light
apparatus or extinguish the light therein except upon proper authority.
D.
Set fire or assist another to set fire to any structure,
timber, trees, shrubs, grass, leaves, growth or any other combustible
material or suffer any fire upon other land to extend onto any part
of the park.
E.
Bring into, leave behind or dump any material of any
kind in the park except the refuse, ashes, garbage and other material
of a picnic, recreation activity, or other permitted activity, and
such material shall be deposited in receptacles or pits provided for
such purposes. Refuse is not to be dropped, thrown or scattered on
park property. Tin cans, bottles or other glassware or metallic substances
containing sharp edges shall be deposited in park receptacles. Recycling
is encouraged wherever possible.
F.
Either within or outside of the park, discharge into,
throw, cast, lay, drop or leave in any river, brook, stream, storm
sewer or drain flowing into or through said 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 the park, interfere
with the conservation of the natural resources of said park or endanger
the health of visitors in said park.
G.
Drive or propel or cause to be driven or propelled
along or over any road within the park any vehicle at a greater rate
of speed than 20 miles per hour. It shall be the duty of every person
operating a motor vehicle, motorcycle, or other motorized vehicle
within a park and parkway to comply with the New York State Vehicle
and Traffic Law, the applicable traffic ordinances of the Town of
Perinton and Village of Fairport; and with all orders, directions
and regulations issued by traffic officers or officially displayed
on any post, standard sign, sign or device installed for the regulation
of traffic.
H.
Park or store any motorcar, motorcycle, snowmobile,
bicycle, wagon or other vehicle within the park except in places designated
for such purposes; park or operate any such vehicle in the park after
dark without lights; or park any such vehicle in the park after 10:00
p.m. (during the hours of darkness) in areas other than those designated
for such purpose.
I.
Gamble in the park or bring into the park or have
in their possession while in the park any implement or device commonly
used or intended to be used for gambling purposes.
J.
Bring into, have or keep in any park designated by
the Town Board any dog or other pet or domesticated animal unless
the same is on a leash or in a cage or a dog in a designated area,
or allow such animal to soil, defile or defecate in the park unless
the person in control of such animal immediately removes, in a sanitary
manner, all feces deposited by such animal.
[Amended 7-26-2017 by L.L. No. 7-2017]
K.
Use loud, boisterous, abusive language.
L.
Make, continue, cause, or permit to be made or continued
any unreasonable noise in a park; use excessive or unreasonable amplified
sound, including music.
M.
No person with the 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, or indecent language or make
an obscene gesture or threaten or interfere with any officer of the
park, village, Town, county or state in the performance of his or
her duty.
(3)
Endanger the life, limb or property of the other visitors
to the park.
(4)
Without lawful authority, disturb any lawful assembly
or meeting of persons 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,
or the Commissioner of Recreation and Parks, to disperse or leave
the park.
(6)
Obstruct vehicular or pedestrian traffic in a park.
(7)
Create a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
(8)
Be suggestive of immoral acts.
(9)
Be offensive or injurious to the morals of any person
visiting the park.
N.
Introduce or carry any firecrackers or fireworks without
written special permission.
O.
Throw, cast, kick or strike any baseball, golf ball,
football, basketball or other object except in places designated therefor.
P.
Engage in, instigate, aid or encourage a contention
or fight, whether or not a ring or prize fight.
Q.
Loiter or remain within the park or any part thereof
in a vehicle or otherwise after the posted closing hours at such park
without general or special permission.
R.
Operate a snowmobile, motor bike, all-terrain vehicle
(ATV) or any other motorized vehicle on any owned or leased Town property,
park, trail, right-of-way or bikeway, except that snowmobiles shall
be allowed to operate on the abandoned RS&E trolley bed, also
known as "Trolley Trail" or "Perinton Hike-Bike Way." A snow-grooming
machine may be allowed with special permission. Only vehicles which
are licensed for highway use may operate on Town roads and park roadways
and parking areas, unless otherwise posted and permitted. Exceptions
may be made for golf carts and motorized support vehicles approved
for special events.
S.
Skateboard, roller-blade or roller-skate on the pavement
and sidewalks contiguous to the main enclosed building in Perinton
Park and on the traffic loop in front of the main enclosed building
in Perinton Park, or other designated areas posted by signage.
T.
Discharge a firearm, bow or other hunting device without
written permission from the Commissioner of Recreation and Parks.
U.
No person except a law enforcement officer or duly
appointed animal control officer shall carry, fire or discharge any
firearm, bottle rocket or firework of any description, bow or arrow
in a park. No person except a law enforcement officer or duly appointed
animal control officer shall carry any firearm, switchblade, gravity
knife, slingshot or other dangerous weapon as defined in §§ 265.00
and 265.01 of the New York State Penal Law, concealed on or about
his or her person while in a park. No person except a law enforcement
officer or duly appointed animal control officer shall hunt with a
weapon, set a trap, or discharge a firearm, bow or other hunting device
within a park without written permission from the Commissioner of
Recreation and Parks. A violation of this subsection shall constitute
a misdemeanor.
B.
Hours. Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year from 8:00
a.m. to 10:00 p.m., unless otherwise designated by the Department.
Seasonal parking lots may be closed and gated shut during winter months.
Vehicles are prohibited in the parking area when gates are closed.
C.
Alcoholic beverages. The consumption of alcoholic
beverages and the bringing of such items into the parks are permitted
under the following conditions:
(1)
All persons possessing and consuming alcohol must
be of a legal drinking age. No person shall become intoxicated. No
person shall bring into or drink any alcoholic beverages in any park,
except in such areas as designated by the Commissioner. Beer may be
brought into the parks for consumption at private parties, family
gatherings or picnics but may not be dispensed or displayed at temporary
bars or from kegs or other bulk dispensing units unless written permission
is obtained from the Commissioner.
(2)
Drinking alcoholic beverages or possessing open alcoholic
beverage containers is prohibited in the parking lots and rights-of-way
within any park.
(3)
Alcoholic beverages may not be sold without permission
from the Department and without the proper permits in place.
D.
Permits to use parks (other than scheduled Recreation
and Parks Department activities).
(1)
Any group or individual seeking to reserve a park,
park building or shelter, or park amenity for exclusive use shall
apply for a permit at least 21 days prior to the day requested. The
person signing the permit application and taking responsibility must
be 21 years of age or older.
(2)
Applications shall be filed with the Commissioner
of Recreation and Parks and shall answer questions seeking such information
as may reasonably be necessary for a fair determination as to whether
or not a permit should be issued.
(3)
The Commissioner shall issue a permit when he or she
finds that:
(a)
The applicant has submitted a completed and
valid application and paid the required fees and security fees if
applicable in full.
(b)
The proposed activity or use of the park will
not unreasonably interfere with or detract from the general public's
enjoyment of the park.
(c)
The proposed activity or use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(d)
The proposed activity or use is not reasonably
anticipated to incite violence, crime or disorderly conduct.
(e)
The proposed activity will not entail unusual,
extraordinary or burdensome expense or police/security operation.
(f)
The facilities desired have not been reserved
for other use on the day and at the hour requested in the application
nor determined to conflict with existing scheduled activities.
(4)
A deposit may be required as security against damage
to the park or park facilities. This deposit may be required at the
discretion of the Commissioner in an amount to be determined by the
Commissioner in view of the circumstances of the application. The
deposit may be nonrefundable if damage occurs in the park or facility.
(5)
Liability insurance (in an amount determined by the
Town) may be required by the Department for permittee using the park
facilities.
(6)
If the application for the park or facility use is
not approved by the Commissioner within seven days of submittal, the
Commissioner shall apprise the applicant in writing of the reason
for declining a permit. Any aggrieved applicant shall have the right
to appeal, in writing, within 10 days to the Perinton Town Board,
which shall consider the application under the standards set forth
herein and sustain or overrule the Commissioner's decision within
14 days. The decision of the Town Board shall be final.
(7)
Large-scale activities that impact areas outside the
park facility may require Zoning Board review or review by other Town
of Perinton or Village of Fairport departments or agencies.
(8)
Effect of a permit.
(a)
A permittee shall be bound by all park rules
and regulations and all applicable ordinances fully as though the
same were inserted in said permit. A complete listing of the rules
in the Town Code is available in writing from the Perinton Recreation
and Parks office or the Town's official web site.
(b)
The permit shall cover use of the described
site only and shall not include permission to use any other area or
facility.
(9)
The person or persons to whom a permit is issued shall
be liable for any loss, damage or injury sustained by any person whatever
by reason of negligence of the person or persons to whom such permit
has been issued. The permittee shall also be responsible for any damage
done to any affected physical properties under the jurisdiction of
the Town of Perinton and included in the permit.
(10)
The Commissioner shall have the authority to revoke
a permit upon a finding of a violation of any rule or ordinance or
upon good cause shown. No refund is given in case of a revocation
of the permit.
E.
Commercial activities. No person or company shall
solicit or engage in any business, trade, commercial transaction or
other activity within a park involving the sale of merchandise or
services 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 Perinton Recreation and Parks Department and
Town Supervisor.
F.
Vending. Vending in the park may be allowed by applying
for and receiving written permission from the Commissioner of Recreation
and Parks. Vendors must meet all applicable state, county and local
codes and ordinances.
G.
Parental responsibility. No parents, guardians, or
custodians of any minor shall permit or allow him or her to do any
act which may constitute a violation of the park codes. Parents or
legal guardians of infants over 10 and less than 18 years of age shall
be liable for damages or destruction caused in the parks by such infants
up to the sum of the determined damages.
[Amended 3-8-2023 by L.L. No. 1-2023]
A.
The Commissioner of Recreation and Parks, or deputies duly appointed
by said Commissioner, Director of Safety and Security, or any duly
authorized law enforcement officer shall, in connection with their
duties imposed by law, diligently enforce the provisions of this chapter.
B.
Ejection. The Commissioner of Recreation and Parks, Director of Safety
and Security, or any duly authorized law enforcement officer, shall
have the authority to eject from the park any person acting in violation
of this chapter.
C.
Seizure of property. The Commissioner of Recreation and Parks, Director
of Safety and Security, or any duly authorized law enforcement officer
shall have the power to seize and confiscate any property, thing or
device in the park or used in violation of this chapter.
A.
Violation of any provision or regulation of this chapter
(unless otherwise noted) shall be punishable as a violation or misdemeanor
as described in the code above.
B.
Any person convicted of a violation, as set forth
in the chapter, shall be subject to a fine and/or imprisonment as
follows:
(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 offense, a fine of not less than $500 nor more
than $750 and/or imprisonment not to exceed 30 days.
C.
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 thirty 30 days.
D.
Restitution and reparations. Any person convicted
of a violation or misdemeanor is subject to providing full restitution
and reparations.
E.
In addition to all other remedies, the Town Board
and the Recreation and Parks Department may also enforce obedience
to this chapter by injunction.
The Town Board may from time to time amend,
supplement, change, modify or repeal this chapter pursuant to the
provisions of the Town Law and the General Municipal Law applicable
thereto.
