[HISTORY: Adopted New Canaan Board of Selectmen 2-8-66; effective 3-11-66.]
DIRECTOR — Means the Director of Recreation of New Canaan or his authorized agent.
Means a park or any other area, owned or used by the Town, and devoted to active or passive recreation.
No person shall hunt, kill, trap, wound, frighten or capture any bird or animal in any park.
A.
Polluting waters. No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any pond, lake, or stream in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
B.
Cleaning vehicles. No person shall wash, clean or polish any vehicle in any park.
C.
Disposal of refuse. No person shall dump, throw, deposit or leave any refuse in any park except in the proper receptacles where these are provided; where receptacles are not so provided, all such refuse shall be carried away by the person responsible for its presence, and disposed of elsewhere.
A.
Driving and parking. No person shall drive or park any vehicle on any area except the park roads or designated parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director.
B.
Traffic signs. No person shall fail to observe all traffic signs indicating speed, directions, caution, stopping or parking, and all others posted for proper control and to safeguard life and property.
C.
Speed. No person shall ride or drive a vehicle at a rate of speed to exceed 15 miles an hour, except upon such roads as the Director may designate by posted signs for speedier travel.
A.
Confined to roads. No person shall ride a bicycle on other than a road or path designated for that purpose.
B.
Immobile bicycles. If a bicycle rack is provided, immobile bicycles shall be placed in them and in no event shall they be left lying on the ground or pavement, or be set against trees in any place or position where other persons may trip over or be injured by them.
A.
Bathing and swimming.
(1)
Only permitted in prescribed waters. No person shall swim, bathe or wade in any water in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as may be adopted for such areas.
(2)
Issuance of permits. No person shall be admitted to any area designated for swimming unless he has permission by the Director. Permits shall be limited to New Canaan residents or property owners. Permits will be issued after payment of the fee established by the Director.
(3)
Certain hours. No person shall frequent any waters or places designated for swimming or bathing, or congregate there except between such hours as shall be designated by the Director.
(4)
Costume. No person shall allow himself to be so covered with a bathing suit as to expose indecently his person.
B.
Boating. No privately owned boat, canoe, raft or other floating craft shall be placed in operation upon any park waters, except with permission of the Director.
C.
Fishing. No person shall fish in any park waters except those designated by the Director for that use and under such regulations as may be prescribed by the Director. No person shall at any time fish in any area where bathing is permitted.
D.
Camping. No person shall camp or lodge in any park except at sites designated by the Director for that use and under such regulations as may be prescribed by the Director.
E.
Hunting and firearms. No person shall use, carry or possess firearms in any park, of any description, including air rifles, bow-and-arrows, fireworks, or other weapons potentially inimical to wildlife and dangerous to human safety, except in any area that may be designated by the Director.
F.
Picnic areas and use.
(1)
Regulated. No person shall picnic or lunch in any place other than those designated for that purpose.
(2)
Fires. No person shall light any fires except in fireplaces provided for that purpose or in areas designated by the Director for the use of charcoal burners.
(3)
Duty of picnickers. No person shall leave a picnic area before the fire is completely extinguished and before all trash is properly disposed of.
G.
Games. No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects except in areas set apart for such forms of recreation. The playing of athletic contests is prohibited except in the areas provided for such activities.
H.
Tennis. No person shall play on any tennis courts except during hours designated by the Director. All persons shall wear the prescribed tennis shoes. All users of New Canaan tennis courts must abide by the specific rules and regulations for tennis court use established by the Director.
I.
Riding of horses. No person shall ride, lead or take any horse in any park except on trails set aside for that purpose.
[Added 6-4-1968, effective 7-6-1968]
A.
Alcoholic liquors.
[Amended 10-27-1970, effective 12-5-1970; 8-11-1976; 6-7-1978, effective 6-23-1978; 8-4-1983, effective 8-19-1983]
(1)
Alcoholic liquors. No person shall sell, bring in or consume alcoholic liquors at any time in any park except as herein provided.
(2)
Exceptions.
[Amended 3-11-1987, effective 3-27-1987; 11-13-1996, effective 11-13-1996]
(a)
The Director may issue a permit to any qualified person, firm, organization or corporation allowing alcoholic liquors to be brought in, sold and consumed in or within the building known as "Waveny House," located in Lapham Park, and on the premises immediately adjacent thereto, that is to say within 200 feet from the outer terraces adjoining the house, and in or within the buildings known as the "Waveny Carriage Barn," the "Waveny Powerhouse," and the "Lapham Community Center," located in Lapham Park, and on the premises immediately adjacent thereto, subject to the following conditions:
[1]
Use and consumption. Alcoholic liquors may be brought in and consumed on said premises if the same are not sold or to be sold and if it is stated in the permit issued to the applicant by the Director for the use of Waveny House, Waveny Carriage Barn, Waveny Powerhouse or Lapham Community Center and the adjacent premises that alcoholic liquors may be brought in and consumed on the premises, but not sold.
[Amended 11-13-1996, effective 11-13-1996]
[2]
Sale. Alcoholic liquors may be brought in, sold and consumed on said premises, provided that an appropriate permit shall be issued by the appropriate agency and, in addition, the applicant shall have obtained all other state or town permits which may be necessary for the proposed activity. Copies of all state permits relating to alcoholic liquor sales shall be filed with the application, and the permit issued by the Director or his agent shall state that copies of the permits necessary in connection with the proposed sale of alcoholic liquor have been obtained and filed with the Director.
[Amended 11-13-1996, effective 11-13-1996]
[3]
Permit.
[a]
Application. A person seeking issuance of a permit hereunder shall file an application, together with any applicable fees in accordance with the regulations adopted by the Parks and Recreation Commission.
[b]
Standards of issuance. The Director or his agent shall issue a permit hereunder when he finds:
[i]
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
[ii]
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
[iii]
That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
[iv]
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the town.
[c]
Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
[d]
Liability of permittee. 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 the negligence of the person or persons to whom such permit shall have been issued.
[e]
Revocation. The Director or his agent shall have the authority to revoke a permit upon a finding of violation of any rules or ordinance or upon good cause shown.
[f]
Appeal. Within seven days after receipt of an application, the Director or his agent shall apprise an applicant in writing of his reason for refusing a permit, and any aggrieved person shall have the right to appeal in writing within 10 days to the Board of Selectmen, which shall consider the application pursuant to applicable regulations and sustain or overrule the Director's decision within seven days. The decision of the Board of Selectmen shall be final.
(b)
Nature Center. In addition to the foregoing, alcoholic liquors may be brought in and consumed, but not sold, on premises designated as the "Administration/Activities Building" and the "Horticultural Building" and immediately adjacent thereto at the New Canaan Nature Center, with the prior written approval of the Director of the Nature Center.
(3)
Regulations. The Park and Recreation Commission shall adopt regulations concerning the use, consumption and sale of alcoholic beverages in the locations prescribed in Subsection A(2)(a) and (b) above, subject to the approval of such regulations or any amendment thereto by the Board of Selectmen.
[Amended 3-11-1987, effective 3-27-1987]
B.
Domestic animals. Dogs are regulated by Code § 6-8. As provided in § 6-8, dogs must be leashed in all public parks except in a dog run established by the Town. The Park and Recreation Commission is hereby authorized to adopt regulations concerning the use any dog run established by the Town in a public park, e.g., Spencer's Run in Waveny Park. Any violation of such regulations may be enforced by infractions issued by any police officer or Animal Control Officer. Any person violating such regulations may be fined up to $250 for each offense, and for a subsequent offense may be fined the maximum amount allowed for infractions as set forth in the Connecticut Superior Court infractions schedules.
[Amended 12-17-2008, effective 1-1-2009; 7-20-2011, effective 8-5-2011]
C.
Games of chance. No person shall gamble or participate in or abet any game of chance.
D.
Going onto ice. No person shall go onto the ice on any park water, except those locations designated as skating areas and provided that a safety signal is displayed.
E.
Loitering and boisterousness. No person shall sleep or protractedly lounge on seats, benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace.
F.
Selling. No person shall sell or offer for sale any merchandise, article or articles whatsoever in a park without the written consent of the Selectmen, nor shall any person practice, carry on, conduct or solicit any trade, occupation, business or profession.
G.
Handbills. No person shall distribute any handbills or circulars or post any bills, notices or advertising matter of any kind and nature in any park.
H.
Travel on trails. No person traveling on a trail shall take shortcuts, but shall confine himself to the established trails.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from sunrise to sunset unless otherwise designated by the Director. Any person in a park after closing hours shall be subject to the penalty provided in § 4-8 of this code.
[Amended 9-17-1968, effective 10-19-1968]
B.
Restrictions. The use of parks shall be restricted to New Canaan residents or property owners, or their guests.
[Amended 6-4-1968, effective 7-6-1968]
C.
Permits to use parks.
(1)
When required. Organizations or organized groups of more than 20 persons desiring to use the parks shall apply for a permit at least seven days prior to the day requested.
(2)
Application procedure. Application shall be filed with the Director upon forms to be supplied by him seeking such information as reasonably necessary for a fair determination as to whether a permit should be issued. The application shall be accompanied by a cash bond of $50 to guarantee that the permittee will clean up the park after use to the satisfaction of the Director.
[Amended 9-17-1968, effective 10-19-1968]
(3)
Standards for issuance. The Director shall issue a permit when he finds:
(a)
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(b)
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(c)
That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
(d)
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the town;
(e)
That the facilities desired have not been reserved for other use on the day and at the hour required in the application;
(f)
That a certificate of public liability coverage in the limits of $100,000 and $300,000 for personal injury and $50,000 for property damage to be in force during the time for which the application is made. Liability insurance is required for groups using the park facilities over a given period of time on a periodic basis.
(g)
That arrangements have been made with the Police Department for the hiring of any police supervision as deemed necessary by the Police Chief.
[Added 6-4-68; effective 7-6-68]
(h)
Appeal. Within seven days after receipt of an application the Director shall apprise an applicant in writing of his reasons for refusing a permit and any aggrieved person shall have the right to appeal in writing within 10 days to the Board of Selectmen, which shall consider the application under the standards set forth in Subsection (3) and sustain or overrule the Director's decision within seven days. The decision of the Board of Selectmen shall be final.
(4)
Effect of 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.
(b)
The permit shall cover use of the described site only and shall not include permission to use any other area.
(c)
The permit shall only be valid for the date indicated. No area will be held for a postponement date.
(5)
Liability of permittee. 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 has been issued. The permittee shall also be responsible for any damage done to any physical properties of the Town of New Canaan.
(6)
Revocation. The Director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
A.
Officials. The Director and park attendants and members of the Police Department shall, in connection with their duties imposed by law, diligently enforce the provisions of this ordinance.
B.
Ejectment. The Director and park attendants or police officers shall have the authority to eject from the park any person acting in violation of this ordinance.
C.
Seizure of property. The Director and any park attendant or police officer shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this ordinance.
All fees and revenues collected for the use of town park and facilities shall be transmitted by the receiver to the Bureau of Accounts at least weekly.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof.
All ordinances and parts of ordinances in conflict with the provisions of the ordinances are hereby repealed.
