[HISTORY: Adopted by the Town Board of the Town of DeWitt 9-10-1973. Sections 137-1 and 137-5B(5) amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Alcoholic beverages — See Ch. 55.
Dogs and other animals — See Ch. 77.
Firearms — See Ch. 91.
Fireworks and explosives — See Ch. 97.
Noise — See Ch. 126.
Parades and public assemblies — See Ch. 134.
Peddling and soliciting — See Ch. 140.
Solid waste — See Ch. 158.
Swimming pools — See Ch. 167.
Vehicles and traffic — See Ch. 181.
Whenever used in any Town of DeWitt Parks and Recreation Ordinance, the following respective terms, unless otherwise therein expressly defined, shall mean and include each of the meanings herein respectively set forth:
- BATHING AREA
- Any beach or pool area designated as a bathing area.
- BRIDLE PATH
- Any path designated and maintained for persons riding on horseback.
- FOOTPATH OR TRAIL
- Any path or trail maintained for pedestrians.
- Any ordinance duly adopted and posted as a Town of DeWitt Parks and Recreation Ordinance.
- Any person, firm, association, copartnership or corporation owning, operating or having the exclusive use of a vehicle, animal or other property under a lease or otherwise.
- PARK AND RECREATION AREAS
- Unless specifically limited, includes all parks, parkways, spurs, open spaces, roads and boulevards, and also entrances and approaches thereto, all bodies of water, docks, piers and bridges in, leading to or connecting such park or parks or parts thereof and such other rights and appurtenances as the Town of DeWitt Recreation Commission shall utilize, whether the same are now or hereafter owned or acquired by the Town of DeWitt, in fee or otherwise.
- Any written license issued by or under the authority of the Recreation Commission permitting the performance of a specified act or acts.
- Any natural person, corporation, company association, joint-stock association, firm or copartnership.
- TOWN OF DEWITT PARK RANGER
- Any person designated by the Town of DeWitt Recreation Commission or its agents as a Town of DeWitt park ranger.
- UNNECESSARY STOPPING
- Bringing a vehicle to a complete stop on the road, in a park or on a parkway other than in a parking place or other than in conformity with traffic regulations and other than because of a defect in said vehicle.
Construction. In the interpretation of the Town of DeWitt Parks and Recreation Ordinance, its provisions shall be construed as follows:
Any term in the singular shall include the plural.
Any term in the masculine shall include the feminine and the neuter.
Any requirement or prohibition of any act shall respectively extend to and include the causing or procuring, directly or indirectly, of such act.
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the town in line of duty or work as such, or by any person, and necessary execution of the terms of any agreement with the county.
Any act otherwise prohibited by the Town of DeWitt Parks and Recreation Ordinances, provided that it is not otherwise prohibited by local ordinances, shall be lawful if performed under, by virtue of and strictly within the provisions of a permit so to do and to the extent authorized thereby.
These ordinances are in addition to and supplement the State Vehicle and Traffic Laws which are in force in all parks and which are incorporated herein and made a part hereof, including any local ordinance of said town.
Territorial scope. All Town of DeWitt Parks and Recreation Ordinances shall be effective within and upon all town parks and parkways and conservation areas which may be under the jurisdiction of the Commission or its representative.
A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof. Any violation by its holder or his agents or employees of any term or condition thereof shall constitute grounds for its revocation by the Recreation Commission or its authorized representatives, whose action therein shall be final. In case of revocation of any permit, all moneys paid for or on account thereof shall, at the option of the Recreation Commission, be forfeited to and be retained by the town, and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the town for all damages and loss suffered by it in excess of money so forfeited and retained, but neither such forfeiture and retention by the town of the whole or any part of such moneys nor the recovery or collection thereby of such damages, or both, shall in any manner relieve any local person or persons from liability to such punishment for any violation of any ordinances of the Town of DeWitt.
Boating. Boating of any kind in a bathing area is forbidden, except such boating as is necessary to keep such areas properly protected and policed. The launching, storage or use of privately owned boats, canoes, outboards, rafts, floats or any kind of hand- or power-propelled craft on any park waters is prohibited, except in designated areas.
Protection of bathing areas. No person shall throw, cast, lay or deposit any glass, crockery or any part thereof or any metallic substance on any bathing area in or adjoined to any park.
Firearms, weapons and tools.
Except when so authorized by law or as otherwise posted, no person, except an employee of the Commission or a peace officer shall have or carry, whether or not concealed upon his person, firearms of any description within a park. No person shall carry or use any boomerang, air gun, slingshot, blowgun or any other device whereby a missile may be thrown or projected. Bows and arrows may be allowed by permit in designated areas.
No person, except in the performance of official duties, shall discharge any firearm, air gun, spring gun or other instrument or weapon in a park or in such a manner that a projectile enters or is likely to enter a park.
Explosives. No person shall bring into or have in any park any explosive or explosive substance.
Fires, lighted cigars, etc. No person shall kindle, build, maintain or use a fire other than in places provided or designated for such purpose, except by special permit. Any fire shall be continuously under the care and direction of a competent person over sixteen (16) years of age, from the time it is kindled until it is extinguished. No person shall throw away or discard any lighted match, cigar, cigarette or other burning object within, on or against any structure, boat, vehicle or enclosure or under any tree or in underbrush or grass.
Alms and contributions. No person shall solicit alms or contributions for any purpose, except by written permission from the Recreation Commission or its representatives.
No person shall, without a permit, do any of the following: sell or offer for sale, lease or let out any object or merchandise or any other thing, whether corporeal or incorporeal; take photographs within the limits of any park for the purpose of selling the negatives thereof or prints therefrom in public; while operating a boat or aircraft for hire, land or receive passengers at any dock or wharf under the jurisdiction of the Recreation Commission or its representatives. No person to whom property of any park has been entrusted for personal use shall hire, lease or let out the same to any other persons.
No person shall operate a bus, taxicab or other commercial vehicle designed or used for the transportation of passengers or property from within the park upon park roads without having first obtained a permit.
Advertising. No sign or notice shall be erected or posted at any place in the park without permission, in writing, from the Recreation Commission or its representatives, nor shall any musical instrument, radio, public-address system or drum be operated or any noise be made for the purpose of attracting attention to any exhibition of any kind, except by written permit.
Gambling. Gambling, games of chance and fortune telling within the park are prohibited, and no person shall participate in the conduct of a lottery or use or operate any slot machine or bring into any park or have in his possession while there any implement or device commonly used or intended to be used for gambling purposes.
Aviation. No person shall voluntarily bring, land or cause to descend or alight within or upon any park any airplane, flying machine, balloon, parachute or other apparatus for aviation, except under permit. "Voluntary," in this connection, will mean anything other than a forced landing.
Meetings, exhibitions, parades, racing, etc. No person shall in any park, except by permit, erect any structure, stand or platform; hold any meeting; perform any ceremony; make a speech, address or harangue; exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description; exhibit any dramatic performance or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, rope-walking or any other acrobatics or show of any kind or nature; or run or race any horse or other animal or, being on or in a vehicle, race with another vehicle or horse, whether such race is founded on any stake, bet or otherwise. No parade, drill or maneuver of any kind shall be conducted, nor shall any procession form for a parade or proceed in any park without a permit.
Disorderly conduct prohibited. No person shall disobey an order of a town park ranger or peace officer or refuse to obey an order given by an employee of this division designated by the Recreation Commission or its representative to give orders and identified by a uniform, badge or other identification or disobey the directions of any park sign; use threatening, abusive or insulting language; do any obscene or indecent act; throw stones or any other missiles; annoy persons; interfere with, encumber, obstruct or render dangerous any drive, path, walk, dock, beach or public place; do any act tending to or amounting to a breach of peace; climb upon any structure; enter or leave, except at established ways or exits; engage in, instigate, aid or encourage a contention or fight, whether or not a ring or prize fight; assault any person; or spit upon any walk or structure.
No person, except employees of the Recreation Commission or peace officers, shall be allowed within the park between the hours of 9:30 p.m. and 8:00 a.m., except under permit.
Minors. No parent, guardian or custodian of any minor shall willfully permit or allow him to do any act prohibited by any town park ordinance. No child under the age of six (6) years shall be admitted to any park unless accompanied by his parent, guardian or a suitable custodian. Such custodian shall not be less than fourteen (14) years of age and may not supervise more than four (4) children under the age of six (6) years of age.
Hunting and fishing.
No person within the confines of the park, except under permit from the Recreation Commission or its representative, shall hunt, pursue, trap or in any way molest any wild birds or animals, nor shall any person have any such wild bird or animal in his possession within the park.
No person shall fish in any waters on any park, except at such times and such places where fishing shall be permitted.
Bathing, boating and water activities.
No person shall bathe, wade or swim in any waters under the jurisdiction of the Recreation Commission or its representative except in such areas as the Commission or its representative may designate as bathing areas and at such times as the Commission or its representative may establish, unless properly garbed in a bathing suit or similar garment which shall be safe and suitable for the use intended and which shall prevent any indecent exposure of the person, or in any manner contrary to the instructions of lifeguards or other bathing supervisors stationed at such designated areas.
No person shall dress or undress in automobiles or comfort stations or any place except the bathing houses maintained by the Commission or its representative for that purpose, and such prohibited dressing or undressing shall include the removal or the donning of any street clothes over a bathing suit, except shoes, hose, sweaters, jackets or robes commonly used as temporary and supplemental garments with a bathing suit.
No person shall, except in designated swimming and beach areas, enter or remain in any park without suitable footwear, which shall at minimum provide protection to the entire sole area of the feet.
No person shall take, use or operate any boat, canoe or small craft maintained for hire by the Commission or its representative unless such craft is engaged and entered at the dock or landing place maintained by the Recreation Commission or its representative for that purpose. Going voluntarily overboard from or swimming or bathing from such hired small craft or using said craft for contests, games, jousting, towing or racing is prohibited. The entry or embarkation of passengers in or from said hired craft at places provided or the beaching of said craft, except in a storm or emergency for safety reasons, or the portaging of said craft to other waters or the abandonment of such craft is prohibited.
The use of boating, beach or waterfront facilities or the engagement in water activities or sports by persons unfit for such use or activity because of age, physical or mental infirmity, either permanent or temporary, intoxication or other impediment or the participation in such boating, bathing or waterfront activity by any persons in such a manner as to endanger public health and safety is prohibited. The Commission or its representative may consider any specific act of the aforesaid nature as a prohibited use under these ordinances.
Camping. No camp shall be maintained in any park, except under permit and at such particular places and for such specified periods as may be designated.
Games. No person shall throw, cast, catch, kick or strike any baseball, golf ball, football, beanbag, discus or shotput or other object, except in places designated therefor.
Coasting, skating, skimobiles and snowmobiles. No person shall coast with handsleds, bobs, carts or other vehicles on wheels or runners, except at such places as may be designated therefor. No person shall use roller skates, except at such times and upon such places as may be designated therefor, or skate, sled, walk or go upon any ice or ski, except at such times and upon such places as may be designated therefor, or skate, sled, walk or go upon any ice or ski, except at such times and upon such places as may be designated therefor and until such ice is declared by or under the authority of the Recreation Commission or its representative to be in a safe condition therefor, nor will towing of persons on skis, sleds or skates be allowed.
Horses. No person shall use, ride or drive a horse except to, from or along a bridle path or other designated area, nor shall any horse be hitched to any shrub, tree or building nor be walked or ridden on footpaths, footbridges or stairs within said park.
Animals at large. No person shall cause or permit any animal owned by him, in his custody or under his control to enter any park, except by special permit for special events, and each such animal found at large may be seized and disposed of as provided by the law or ordinance covering disposal of stray animals on highways or public property then in effect at the place where such stray animal may be seized.
Picnicking. Picnicking or the spreading or preparation of picnic meals at other than areas designated for picnicking is prohibited.
No person shall use or operate a snowmobile within a park or other recreation area under the jurisdiction of the Commission, except where an area or route has been duly designated and marked by the Commission.
No person under ten (10) years of age may operate a snowmobile within any park or other recreation area under the jurisdiction of the Commission.
No person over the age of ten (10) years and under the age of sixteen (16) years may operate a snowmobile without having received safety training as prescribed by the State Commissioner of Parks and Recreation and without having received and having in his possession a snowmobile safety certificate issued by the State Commissioner of Parks and Recreation or unless the person is accompanied by a person over eighteen (18) years of age.
All-terrain vehicles (ATV's) or similar wheeled or air-cushioned vehicles designed or equipped to be operated outside of roadways shall not be operated within any park or recreation area within the jursidiction of the Commission at any time. This shall also apply to a snowmobile equipped with wheeled conversion to an all-terrain vehicle.
No person shall injure, deface, disturb or befoul any part of the park or any building, sign, equipment or other property found therein; nor shall any tree, flower, fern, shrub, rock or other plant or mineral be removed, injured or destroyed; nor shall any person view, approach or enter into or upon any waterfall, gorge, cliff or other natural or scenic feature by any means other than established trails, roads, overlooks and entries provided for such public use, view or entry.
Pollution of waters. No person shall, within any park, throw, cast, lay, drop or discharge into or leave in the waters in any park, or in any storm sewer or drain flowing into said waters in any park, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.
Garbage, sewage, refuse and obnoxious material. No person shall deposit in any part of the park any garbage, sewage, refuse, waste, fruit, vegetables, foodstuffs, paper or other litter or obnoxious material otherwise than in receptacles or pits provided for such purposes, nor shall any person bring into any town park any garbage or refuse for the purpose of disposing of such garbage or refuse into receptacles provided.
Vehicles, where prohibited. No person shall drive a vehicle in any park within or upon a safety zone, walk, bridle path or any part of any park not designated or customarily used for such purpose. No person shall ride a bicycle, tricycle, velocipede or motorcycle upon any walk or footpath.
Parking. No owner or driver shall cause or permit his vehicle to stand anywhere in any park outside of designated parking spaces, except a reasonable time in a drive to receive or discharge passengers, nor shall any person use any area in the town parks for the purpose of repairing motor vehicles, except under emergency circumstances.
Obstructing traffic. No person shall cause or permit a vehicle to obstruct traffic by unnecessary stopping or parking.
Speed limit. No person shall operate a motor vehicle in any park at a rate of speed in excess of twenty (20) miles per hour or in excess of any lesser rate posted in any zone on any portion of a park road, parking area or other travelable way.
Obeying officers. Whenever a town police officer, town park ranger, county sheriff or state policeman shall indicate or direct, by gesture or otherwise, that the speed of a vehicle shall be checked or stopped or its course altered, the driver thereof shall immediately obey such directions. The Recreation Commission or its designated representatives shall have the right to impound and remove, at the owner's expense, all improperly parked vehicles.
View into vehicles. Every car driven through any park or parked in any parking space shall have the interior thereof open to full view at all times.
Driving on grass. No person shall ride or drive upon the grass, turf or lawns of said parks, except as directed by the Recreation Commission or its representative or except in designated areas.
No person shall bring in, possess or consume any beer, wine or other intoxicants on or within any park without a special permit.
No person shall make, use or gain admittance to the facilities in any park or the use for which a charge is made by the Recreation Commission or its representative unless he shall pay the charge or price fixed by the Commission or its representative.
Any person who violates this chapter shall pay a penalty of not more than one hundred dollars ($100.) for each such offense.
The provisions of this chapter shall be enforced by the town police, park rangers or any other authorized peace officer.