[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.]
GENERAL REFERENCES
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:
Any beach or pool area designated as a bathing area.
Any path designated and maintained for persons riding on horseback.
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.
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.
Any person designated by the Town of DeWitt Recreation Commission
or its agents as a Town of DeWitt park ranger.[1]
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.
A.
Construction. In the interpretation of the Town of DeWitt
Parks and Recreation Ordinance, its provisions shall be construed as follows:
(1)
Any term in the singular shall include the plural.
(2)
Any term in the masculine shall include the feminine
and the neuter.
(3)
Any requirement or prohibition of any act shall respectively
extend to and include the causing or procuring, directly or indirectly, of
such act.
(4)
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.
(5)
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.
(6)
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.
B.
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.
A.
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.
B.
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.
C.
Firearms, weapons and tools.
(1)
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.
(2)
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.
D.
Explosives. No person shall bring into or have in any
park any explosive or explosive substance.
E.
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.
F.
Alms and contributions. No person shall solicit alms
or contributions for any purpose, except by written permission from the Recreation
Commission or its representatives.
G.
Commercial enterprises.
(1)
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.
(2)
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
A.
Hunting and fishing.
(1)
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.
(2)
No person shall fish in any waters on any park, except
at such times and such places where fishing shall be permitted.
B.
Bathing, boating and water activities.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.[1]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Picnicking. Picnicking or the spreading or preparation
of picnic meals at other than areas designated for picnicking is prohibited.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Obstructing traffic. No person shall cause or permit
a vehicle to obstruct traffic by unnecessary stopping or parking.
D.
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.
E.
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.
F.
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.
G.
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.
