[HISTORY: Adopted by the Town Board of the
Town of Henrietta 6-19-1974. Amendments noted where applicable.]
This chapter shall be known as the "Henrietta
Parks Ordinance."
The purpose of this chapter shall be to preserve
the public peace and good order in the areas owned by the Town of
Henrietta and operated as public parks and to contribute to the safety
and enjoyment of the users of the park lands by regulating the hours
of use and the use of motorized vehicles and by prohibiting certain
activities inimical to customary park recreation uses.
[Amended 6-3-1987]
Town parks will be open to the general public
at such hours as shall be set from time to time by the Town Board
each day and otherwise will be closed. During the hours that the parks
are closed, entrance to or occupancy of any park area is prohibited,
except by issuance of a permit by the Director of Parks and Facilities
or his designated agent.[1]
[1]
Editor's Note: Throughout this chapter, references
to the "Director of Buildings and Grounds" were amended to read "Director
of Parks and Facilities" 6-20-2001 by L.L. No. 3-2001.
The following acts are prohibited, and no person
shall:
A.
Operate any motorized vehicle, such as automobiles,
motorcycles, minibikes, snowmobiles and the like, within the area
of park lands; provided, however, that the operation of licensed vehicles
for the transporting of the public to and from the park lands is permitted
on all improved roadways, and the parking of such vehicles is also
permitted within designated parking areas.
B.
Hunt, trap or discharge any firearm, spring gun or
air gun within the area of park lands.
C.
Injure, deface or disturb any part of the park or
any building, sign, equipment or other property therein or remove,
injure or destroy any tree, flower, shrub, rock or other mineral therein.
D.
Set fire or assist another to set fire to any 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. Fires within town fireplaces and portable grills are permitted
within designated areas of the park but must be completely extinguished
after use.
E.
Throw, cast, lay, drop, discharge, deposit, bring
into or leave in any part of the park any garbage, sewage, refuse,
waste or other obnoxious material, except in receptacles provided
for such purpose.
F.
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.
G.
Use unreasonably loud or obscene language with the
intent to cause public inconvenience, annoyance or alarm or interfere
with any officer of the town, county or state in the performance of
his duty.
H.
Unauthorized removal or destruction of vegetation, including flowers,
trees, or other plants in Town parks, including vegetation which has
been planted, actively maintained, that is mature and/or that is otherwise
intended to be preserved for the enjoyment of the public. However,
removal or picking of dandelions, clover or other wildflowers that
are naturally growing on the grassy/lawn areas of parkland shall not
be prohibited.
[Added 4-28-2021 by L.L. No. 4-2021]
I.
Removal or destruction of vegetation which comprise New York Protected
Native Plants.
[Added 4-28-2021 by L.L. No. 4-2021]
J.
Have any pet, domestic animal, farm animal or other animal unrestrained
in a Town park (except with respect to service animals, but only if
it would interfere with their service). Restraints include by leash,
by rein, by crate, or by a pen sufficient to contain the animal. The
owner or handler of the animal is responsible for cleaning up and
disposing of any waste, droppings or other mess made by the animal.
However, in Tinker Park, no pets shall be permitted at all (except
for service animals), even if restrained.
[Added 12-22-2021 by L.L.
No. 16-2021]
K.
Launch, ignite, or otherwise cause to explode any incendiary or explosive
device, including fireworks, without a permit to do so from the Town.
[Added 12-22-2021 by L.L.
No. 16-2021]
L.
Brandish, wield, or otherwise utilize any knife, sword, firearm,
or other weapon (except by law enforcement personnel). Ceremonial
or costume weapons are exempt unless used in a threatening manner.
[Added 12-22-2021 by L.L.
No. 16-2021]
M.
No glass bottles may be used to carry or consume beverages within
Town parks.
[Added 12-22-2021 by L.L.
No. 16-2021]
N.
Tents, inflatables, bounce houses, and other such items and structures
are prohibited in Town parks without a permit from the Town.
[Added 12-22-2021 by L.L.
No. 16-2021]
O.
Fund-raising, sales activities, or other profit-making ventures are
prohibited in Town parks without a permit from the Town.
[Added 12-22-2021 by L.L.
No. 16-2021]
[Added 2-4-1981; amended 6-3-1987; 12-22-2021 by L.L. No. 16-2021]
The use and consumption of alcoholic beverages, cannabis edibles,
and controlled substances in Town parks shall be governed by the following
conditions:
A.
There shall be no consumption of alcoholic beverages, cannabis, or
controlled substances (except those controlled substances which are
legally prescribed to the user and which are not consumed via smoking)
in Town parks, except as expressly permitted herein. This prohibition
extends to all areas in a Town park, including but not limited to
on any street, parking lot, or public right-of-way within any Town
park. Further, this prohibition extends to use while within a vehicle
in a Town park.
B.
No alcoholic beverages, cannabis products, or other controlled substances
shall be sold, distributed, or dispensed from any location within
a Town park other than as expressly permitted via a special event
permit from the Town and in accord with all other laws. The sale,
distribution, dispensing, and/or consumption associated with such
permitted event may then only take place in the specified area and
only during the times allowed, as dictated on the special event permit.
The special event permit must be prominently displayed on the premises
during the sale, distribution, or dispensing event.
C.
The use and consumption of alcoholic beverages, cannabis products,
or other controlled substances is subject to all appropriate New York
State laws, including prohibitions against the distribution, use,
or consumption of alcohol or cannabis to or by minors.
D.
Individual consumption of alcoholic beverages or cannabis products
may take place inside park cabins or pavilions at Town parks if allowed
via a valid facility rental permit obtained from the Town Recreation
Department prior to the event.
[Amended 6-3-1987]
The Director of Parks and Facilities is charged
with the administration of this chapter and the posting of signs designating
park lands and park regulations.
[Amended 6-3-1987]
A.
The Director of Parks and Facilities, or deputies
duly appointed by said Director, and members of the Monroe County
Sheriff's Department or other peace officers shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
Ejection. The Director of Parks and Facilities, or
deputies duly appointed by said Director, and members of the Monroe
County Sheriff's Department or other peace officers shall have the
authority to eject from park lands any person acting in violation
of this chapter.
[Amended 2-4-1981; 6-20-2001 by L.L. No. 3-2001]
A.
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $100, up to a maximum amount of $250. Each
day's continued violation shall constitute a separate additional violation.
[Amended 9-27-2023 by L.L. No. 9-2023]
B.
In addition to other remedies the Town Board may also
enforce obedience to this chapter by injunction.
