[Adopted 3-11-1999 by L.L. No. 2-1999
(Ch. 145, Art. I, of the 1999 Code)]
The following rules and regulations are hereby established with respect
to the use of the Town park and its facilities.
A. Hours. No unauthorized person shall for any reason enter
the park prior to 8:00 a.m. or to remain within the park after hours posted.
The park shall be open to the public from Memorial Day until October 1, unless
otherwise posted.
B. Firearms. No unauthorized person shall take or otherwise
transport any firearms, airguns, slingshots or bow and arrow in the park.
C. Preservation of property. No person shall injure, deface,
disturb or befoul any part of the park, any of the buildings, signs, equipment
or other property found therein or remove, injure, peel, cut or destroy any
trees, flowers, shrubs, flora, rocks or other minerals.
D. Fires. No person, unless authorized by the Town Board,
shall light any fire for any purpose in any part of the park except in a stove,
oven or circle provided for that purpose, nor shall any lighted matches, cigarettes,
cigars or burning tobacco be deposited or left where a likelihood of fire
may exist.
E. Garbage and refuse. Park grounds and facilities must
be maintained in a clean and sanitary condition. Littering of any kind is
strictly prohibited. Garbage and refuse must be deposited in receptacles provided.
No glass nonreturnable beverage containers of any type are allowed in the
park.
F. Dogs. No owner or person harboring any dog shall permit
or allow such dog to run at large in the park, unless such dog shall be effectively
restrained by a leash not exceeding six feet in length and accompanied by
its owner or a responsible person able to control the animal.
G. Hunting or trapping. No person shall hunt or trap within
park boundaries where posted without written permission of the Town Board.
H. Fishing. Fishing shall be permitted, provided that all
laws, as established by the State of New York, are observed.
I. Bathing and swimming. No person, unauthorized by the
Town Board, shall bathe or swim in any stream, pool, pond or lake in the park,
except where as is prescribed by rules governing the same.
J. Gambling. Gambling, as defined by the Penal Law of the
State of New York, is prohibited in the park.
K. Horses and riders. Horses and their riders are prohibited
from using park areas, except over bridle paths or other paths established
for said purposes. No rider shall travel at a gait in excess of a trot while
in the park.
L. Behavior. No person shall engage in any conduct which
is disorderly, unruly or offensive to such a degree that the same shall constitute
an offense under the Penal Law of the State of New York. The use of loudspeaker
systems in the park is prohibited. Improper use of the tennis courts shall
be strictly enforced. No person shall consume alcohol on park property in
violation of any law of the State of New York, nor shall any person operate
any motor vehicle, snowmobile or other apparatus propelled by any power other
than muscular power on park property while his ability to operate the same
is impaired by the consumption of alcohol or drugs.
M. Speed limit and parking. No person shall drive or cause
to be driven along or over any road within the park any motor vehicle, snowmobile
or other apparatus at a speed in excess of 15 miles per hour or in a manner
which endangers the life or limb of any person. No person shall park any vehicle
in any place where a sign prohibiting parking has been erected or in any area
other than that designated and posted as a parking area. Motorcycles, motor
bicycles, motor scooters and snowmobiles are strictly prohibited within the
park boundaries except on trails so defined for their use, and no through
traffic, except as hereinabove stated, shall be permitted. Two- or three-wheeled
motorized vehicles shall not be operated beyond the parking lot west of the
park pond.
N. Commercial enterprises. No person, firm or corporation
shall sell, solicit or offer for sale any item, property or privilege within
the park, unless authorized by the Town Board; provided, however, that such
provision shall not apply to a single event sponsored by a nonprofit group,
organization, association or a political party of the Town.
Shelters may be reserved on a first-come basis by request made to the
Town Clerk, who shall keep a log of all persons requesting the same, upon
payment of the prescribed fee. The fee for use of a shelter or for other facilities
and a security deposit to be retained until seven days after the event shall
be as set forth on the fee schedule adopted by the Town Board by resolution
from time to time. Groups in excess of 25 people must notify the Town Clerk
of their activity and the number of persons anticipated prior to such event.
A violation of any subsection of §
337-1 of this article shall be punishable by a fine of not more than $250 or a term of imprisonment for not more than 15 days, or both, for each violation.
In addition to any penalty authorized by §
337-4 of this article, the court shall consider restitution as part of the sentence imposed upon a person convicted of any violation of this article where such offense resulted in the damage, destruction, defacement or injury to any part of the park or any of the buildings, signs, equipment, trees, flora, rocks, ground covering or other property found therein, and after providing the Town official having governance over the Town park with an opportunity to be heard in accordance with the provisions of this section, may require the defendant to make restitution of the fruits of his offense or reparation for the loss or damage caused thereby. The Town official having governance over the Town park shall, upon notification of the conviction of person for violation of a provision of this article where the sanction of restitution or reparation is available, advise the court at this time of sentencing whether the Town seeks restitution, the extent of injury or economic loss or damage sustained and the amount of restitution or reparation sought by the Town. The court shall hear and consider the information presented by the official in regard and, pursuant to the provisions of the Criminal Procedure Law of the State of New York, make a finding as to the fruits of the offense or the loss or damage caused by the offense whenever the court requires restitution or reparation to be made.
The Town Board of the Town of Marilla shall be empowered to modify,
alter or establish such additional rules and regulations with respect to the
Town park as shall from time to time be necessary by the formal resolution
of the Town Board adopted by a majority of such Board.