The purpose of this chapter shall be to preserve the public peace and good order on lands operated as public parks by the Town of Brighton and to contribute to the safety and enjoyment of the users of such parkland by regulating the hours of use, the use of motorized vehicles and by prohibiting certain activities inimical to customary park recreation use. The rules and regulations set forth herein shall apply to and be in effect in all parks under the control, supervision and jurisdiction of the Town of Brighton.
[HISTORY: Adopted by the Town Board of the Town of Brighton 8-12-1981 by L.L. No. 3-1981. Amendments noted where applicable.]
For the purpose of this chapter, terms used herein are defined as follows:
The Commissioner of Public Works or his or her designee.
[Amended 10-9-1985 by L.L. No. 4-1985; 8-13-2014 by L.L. No. 6-2014]
A group activity, including, but not limited to, a meeting, assembly, protest, rally, march, or vigil which involves the expression of views or grievances, involving more individuals than the thresholds set forth in § 113-4A(3) or a group activity involving less than such thresholds for which specific space is requested to be reserved.
[Added 8-14-2024 by L.L. No. 3-2024]
The Parks Superintendent of the Town of Brighton, or his/her designee or agents.
[Amended 5-23-2018]
The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point wherein timing is made of the participating vehicles involving competitive accelerations or speeds.
The grounds, buildings thereon, waters therein and any other property necessary for the operation thereof and constituting a part thereof, which is now or hereafter will be maintained, operated, controlled and/or leased by the Town of Brighton for public park purposes.
Any individual, firm, partnership, corporation or association of persons, and the singular number shall include the plural.
A group activity, including, but not limited to, a performance, meeting, assembly, ceremony, parade, athletic competition, reading, or picnic involving individuals more than the thresholds set forth in § 113-4A(3) or a group activity involving less than such thresholds for which specific space is requested to be reserved.
[Added 8-14-2024 by L.L. No. 3-2024]
Every device in, upon or by which a person or property is or may be transported. Go-carts, snowmobiles, all-terrain vehicles (ATV's) and dirt bikes are specifically included in the definition of "vehicle."
[Amended 1-24-1996 by L.L. No. 1-1996]
[Amended 6-25-1997 by L.L. No. 4-1997; 8-13-2014 by L.L. No. 6-2014]
No person shall be permitted to remain, stop or park within the confines of any town park between the hours of 10:00 p.m. and 7:00 a.m. or, for parks designated by the Commissioner of Public Works, sunset and 7:00 a.m., prevailing local time, in the Town of Brighton, except in an emergency or with a special permit from the Commissioner of Public Works. In case of an emergency or when, in the judgment of the Commissioner of Public Works, the public interest demands it, any portion of a park may be closed to the public or to designated persons until permission is given to reopen.
A.
A permit must be obtained from the Commissioner of Public Works for the following uses and activities:
[Amended 8-13-2014 by L.L. No. 6-2014]
(1)
The use of park lodges or pavilions.
(2)
Those acts prohibited without a written permit as set forth in this chapter.
(3)
Demonstrations or special events equal to or greater than the number of people set forth in the chart below:
[Added 8-14-2024 by L.L. No. 3-2024]
Park | Number of People |
|---|---|
Meridian Centre Park | 50 |
Buckland Park | 50 |
Brighton Town Park | 50 |
12 Corners Park | 20 |
Corbett's Glen Nature Park | 20 |
Sandra L. Frankel Nature Park | 20 |
Lehigh Valley Trail | 20 |
Town Hall Park | 20 |
Blossom Road Park | 20 |
Any Town Pocket Park | 20 |
Persimmon Park | N/A |
Lynch Woods | N/A |
Stowell Conservancy | N/A |
*No Demonstration or Special Event permits may be issued for Parks designated N/A"
B.
Permits shall be issued by the Commissioner of Public Works or such other office as the Commissioner of Public Works may determine.
[Amended 10-9-1985 by L.L. No. 4-1985; 1-24-1996 by L.L. No. 1-1996; 8-13-2014 by L.L. No. 6-2014]
C.
All permit applicants must be 21 years of age or older. All permits must be signed prior to use of a park facility or prior to the activities for which a permit is obtained. The person who signs the application for a permit shall be responsible for all damages to park facilities or contents thereof and shall agree to indemnify the Town of Brighton for such damages.
D.
All permits issued shall be in writing by the Commissioner of Public Works and shall be subject to park rules and regulations. A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the written terms and conditions thereof and not in violation of any law, ordinance or rule or regulation governing parks. Any violation of any term or condition thereof or any law or ordinance or rule or regulation governing parks shall constitute grounds for revocation of said permit by the Commissioner of Public Works, whose action therein shall be final. No permit for the same purpose shall be issued to those persons whose permit has been revoked during the year in which such revocation is made.
[Amended 8-13-2014 by L.L. No. 6-2014]
E.
Upon obtaining a permit, the applicant shall pay a permit fee to the Town of Brighton in an amount established by the Town Board of the Town of Brighton. Such fee may vary according to the activity permitted and the facilities used.
F.
Permits for a demonstration or special event.
[Added 8-14-2024 by L.L. No. 3-2024]
(1)
Applications for a special event permit must be received at least 30 days and not more than 180 days prior to the request date for the special event. Applications for a demonstration permit must be received at least 72 hours and not more than 180 days prior to the requested date for the demonstration.
(a)
Notwithstanding the deadlines under § 113-4F(1), the Commissioner of Public Works, or such other office as the Commissioner of Public Works may determine, shall accept applications for demonstrations or special events whenever submitted and process such applications as soon as it is feasible to do so, considering the magnitude of the event and the resources of the Commissioner. Applications for a demonstration permit will be deemed granted if not acted upon within 48 hours of the application being received.
(b)
Spontaneous demonstrations that are occasioned by news or affairs coming into public knowledge less than 72 hours prior to such demonstration may be conducted in Meridian Centre Park or Buckland Park, in areas designated by the Superintendent of Parks, without the organizers first having to obtain a permit; provided that the event is not otherwise prohibited under this chapter, and the areas are available and do not unreasonably interfere with previously planned programs or other park users. Organizers of a spontaneous demonstration shall provide notice to the Brighton Police Department at least 24 hours prior to such event, including providing their name, address, telephone number, location and date/time of the proposed demonstration, and an estimate the number of people who will be participating. If the spontaneous event is a "counter-event," meaning it is in response to a demonstration, the foregoing notice requirements shall apply, but the location restriction shall not apply.
(2)
Upon receipt of such application, the Commissioner of Public Works, or such other office as the Commissioner of Public Works may determine, shall refer same to the Brighton Chief of Police and the Parks Department for review as may be necessary to ensure the protection of public health, safety, and welfare.
(3)
The Commissioner of Public Works, or such other office as the Commissioner of Public Works may determine, may deny a permit if:
(a)
The location sought is not suitable because of environmental conditions reasonably likely to be harmed by the proposed event;
(b)
The location sought is not suitable because the proposed demonstration or special event is of such nature or duration that it cannot be reasonably accommodated in the requested location;
(c)
The date and/or time requested has been previously allotted by permit;
(d)
The demonstration or special event would conflict with previously planned programs organized and/or conducted by the Town, or conflict with the Town's priority use field schedule maintained by the Parks Department;
(e)
The time, place, or size of the demonstration or special event would unreasonably interfere with the safe use and enjoyment of the park by other users;
(f)
The intended use or activity is unlawful, or would unreasonably endanger the health and safety of surrounding persons;
(g)
There are not significant Town resources available at the time of the proposed demonstration or special event to mitigate disruption and/or the diversion of police protection would deny reasonable police protection to the Town;
(h)
If the permit application contains a material falsehood or misrepresentation; or
(i)
Within the preceding two years, the applicant has been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, state or regulation relating to the use of parks. Notwithstanding the foregoing, if a permit has been denied pursuant to this Subsection F(3)(a) through F(3)(e) or (g), the Commissioner of Public Works shall employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed demonstration or special event.
(4)
All permit applications will be processed on a "first come, first serve" basis; provided that if two or more permit applicants request the same date and the same location, and one or more of such applicants held a permit for such location during the twelve-month period immediately preceding the date for which such permit is now sought, the permit application from the applicant who has not previously held a permit shall be first eligible for approval. Notwithstanding the foregoing, a demonstration or special event proposed at any athletic field shall be at all times subject to the Town's priority use field schedule maintained by the Parks Department, and a demonstration or special event proposed at any lodge or pavilion shall be at all times subject to the requirements of § 113-5, including that a previous rental or reservation of such lodge or pavilion obtained from the Parks Department.
(5)
In the event a permit application is denied, the applicant may appeal the determination by written request filed with the Town Supervisor, who may reverse, affirm, or modify the original determination and provide a written explanation of the decision. If a permit application is denied more than 10 days prior to the proposed event, the applicant shall have three days from the date such denial is delivered to the applicant to appeal such denial. The Town Supervisor shall render a decision on such appeal within five days of receipt of such appeal. If a permit application is denied less than 10 days prior to the proposed event, the applicant shall have one day from the date such denial is delivered to the applicant to appeal such denial. The Town Supervisor shall render a decision on such appeal as soon as is reasonably practicable, but no later than three days of receipt of such appeal or 24 hours before the proposed event, whichever is sooner.
(6)
Permittees must have the demonstration or special events permit, in either hard copy or digital form, in their possession at the time and site of the event.
(7)
More than two demonstration or special event permit may not be issued for any park for the same date and time, except for Buckland Park, Meridian Centre Park, and Brighton Town Park.
(9)
The requirements of this § 113-4F shall be inapplicable to a demonstration or special event proposed at a park lodge or pavilion, which shall be subject to the permitting requirements of § 113-5. No special event permit is required for a regularly scheduled athletic event that has otherwise been approved by the Parks Department.
(10)
Notwithstanding § 113-4E, no fees shall be charged for a demonstration permit, unless such demonstration is proposed to be held at a Town lodge, pavilion, or playing field, in which case the fee applicable to such lodge, pavilion, or playing field as established by the Town Board shall be charged.
A.
Park lodges and pavilions may only be used upon the obtaining of a permit as provided herein.
B.
Park lodges or pavilions may be made available for overnight use upon written permission of the Commissioner of Public Works.
[Amended 8-13-2014 by L.L. No. 6-2014]
C.
All permits for park lodges and pavilions must be picked up at least 72 hours prior to use.
D.
The lodge will be opened for the permit holder by an employee of the Recreation and Parks Department. The permit shall be presented by the permittee at the time of opening.
[Amended 6-25-1997 by L.L. No. 4-1997]
E.
The permit holder shall be on the premises at all times during the use period and shall be responsible for cleanup of the facility after use.
F.
A reservation shall not be deemed valid until payment is made, including payment of any deposit as determined by the Director of Parks. No refund for a canceled reservation shall be made unless cancellation is made at least two weeks (14 days) in advance of the reserved date. All refunds shall be subject to an administrative fee as determined by the Director of Parks.
[Amended 10-9-1985 by L.L. No. 4-1985; 1-24-1996 by L.L. No. 1-1996; 5-23-2018]
G.
Use of units not already reserved may be arranged for with the Commissioner of Public Works on a first-come-first-served basis, upon payment of a permit fee and issuance of a use slip within the park area.
[Amended 8-13-2014 by L.L. No. 6-2014]
H.
Park lodges shall close at 9:45 p.m.
[Amended 1-24-1996 by L.L. No. 1-1996; 8-13-2014 by L.L. No. 6-2014]
No person shall commit any of the following acts within any park without a written permit from the Commissioner of Public Works:
A.
Post or display any sign, banner or advertisement of any kind within any park or offer any article for sale or solicit passengers for hire.
B.
Hold any demonstration or special event; conduct any funeral procession or vehicle containing the body of a deceased person; or use any loudspeaker or other sound-amplifying equipment.
[Amended 8-14-2024 by L.L. No. 3-2024]
C.
Picnic or cook in any area not designated by the Commissioner of Public Works for that purpose or make or kindle any fire, except in places provided therefor, and then subject to such regulations as may be prescribed.
D.
Write, paint or carve on any tree, bench or park structure or sleep, camp, lodge or reside in any park building, except in such places as designated for said purposes by the Commissioner of Public Works.
E.
Ascend or land with any aircraft, including gliders and parachutes, or engage in stunt flying or parachute landing.
F.
Construct, repair or relocate utility fixtures, such as sewers, hydrants, posts, lines and conduits or open trenches; or make excavations or engage in any construction in or on parklands.
G.
Carry any flowers or shrubs, slingshots, axe, saw, shovel or spade within the parks; violate the regulations of the Commissioner of Public Works relating to any building or place; damage any notice posted by order of the Commissioner of Public Works; cut parkway curbs for private drives; locate, grade or construct paths, driveways and roadways across or along any parkway or park road; or deposit materials in or upon any park or park road.
H.
Move or carry any tables or equipment found within a park for park use to a different area of the park.
A.
Disorderly conduct.
(1)
No person shall disturb the peace and good order in any park.
(2)
No person shall congregate with others in a public place and refuse to comply with a lawful order of the police or the Commissioner of Public Works to disperse or leave the park.
(3)
No person shall beg, hawk or peddle or solicit within any park.
(4)
No person shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other devices for money, chips, credit or any other representative of value; nor shall any person be allowed to maintain or exhibit any gaming table or other instrument of gambling or gaming.
(5)
No person, except peace officers of the town or other law enforcement officers, shall have, carry and/or discharge any pistol, gun, fireworks of any kind or description, switchblade, hunting knife, slingshot, bow and arrow, dagger, metal knuckles or other dangerous weapon or instrument concealed on or about his or her person while in the park.
(6)
No person shall use obscene, profane or abusive language while in the park.
(7)
No person shall loiter in or near toilet buildings or parking areas.
(8)
No person shall by force or threat of force, or by physically obstructing or blocking, knowingly injure, or interfere with, or attempt to injure, or interfere with, another person using a park or any walkway or sidewalk adjoining or adjacent to a park. For purposes of this subsection: i) "physically obstruct or block" shall mean to physically hinder, restrain, or impede, or to attempt to physically hinder, restrain or impede, or to otherwise render ingress to or egress from a park, or render any walkway or sidewalk adjoining or adjacent to a park impassable, unreasonably difficult, or hazardous; and ii) "interfere with" shall mean to stop or to restrict a person's freedom of movement.
[Added 8-14-2024 by L.L. No. 3-2024]
B.
Games regulated. No person shall engage in potentially dangerous games involving thrown or propelled objects, such as footballs, horseshoes, roller skates, golf balls or similar objects, except in areas designated for such usage, and then only subject to such rules as may be prescribed by the Commissioner of Public Works. All games of any description must be conducted in a safe and orderly manner, and no rough or boisterous practices will be allowed. No one shall play games for which a permit or fee is required without first obtaining such permit or paying such fees.
C.
Hunting and molesting wildlife. No person shall take or attempt to take any animal or thing into a pond or any of the waters of the parks. No person shall kill, injure or unnecessarily disturb or molest any waterfowl, birds or animals. No person within the confines of a park shall hunt, pursue with dogs, trap or in any other way molest any wild bird or animal found within the confines of a park or rob or molest any bird nest or take eggs of any kind.
D.
Preservation of property and natural features. No person shall injure, deface, disturb or befoul any part of a park or any building, sign, equipment or other property found therein; nor shall any tree, flower, shrub, rock or other mineral be removed, injured or destroyed.
E.
Littering, rubbish, garbage, sewage and noxious material.
(1)
No person shall, without the specific written consent of the Commissioner of Public Works, bring into, leave behind or dump any material of any kind in the park, except the refuse, ashes, garbage and other material of a picnic, camp or other permitted activity, which material shall be deposited in receptacles or pits provided for such purposes. Refuse is not to be dropped, thrown or scattered on park property. Tin cans, bottles, glassware and metallic and plastic substances shall be deposited in park receptacles.
(2)
No person shall, either within or outside of a park, discharge into, throw, cast, lay, drop or leave in any river, pond, brook, stream, storm sewer or drain flowing into or through a park any substance, matter or thing, either liquid or solid, which may or shall result in the pollution of said river, pond, brook or stream within a park or interfere with the conservation of the natural resources of a park or endanger the health of visitors in a park.
F.
Alcoholic beverages. The consumption of alcoholic liquors or beverages, including beer, and the bringing of such items into the parks is prohibited.
G.
Dogs, cats and other household pets. No person shall bring into, permit, have or keep in the park any dog, cat, household pet or other animal destructive to birds and other wildlife, except that dogs or cats are permitted if held in control by a leash but are not permitted in any river, stream, pond, brook or other body of water in the park.
[Amended 5-23-2018]
H.
Horseback riding. Horseback riding is prohibited. No person shall permit any horse to stray unattended or to graze within a park.
I.
Swimming, swimming areas and beaches.
(1)
No person shall bathe, wade or swim within any park.
(2)
The use of life rafts, inner tubes and other objects intended to support persons is prohibited within the park.
(3)
Boats, surfboards, water skis and similar aquatic equipment are prohibited within the park.
(4)
No person shall scatter or throw bottles or containers of any kind or broken glass into the water.
J.
Bicycles, snow vehicles, ATV's and motorbikes.
[Amended 1-24-1996 by L.L. No. 1-1996]
(1)
No person shall ride a bicycle, snow vehicle, ATV or motorbike upon the lawn, walks or foot trails of any parks or parkways, unless designated for such vehicles.
(2)
Riders of bicycles and snow vehicles shall comply with the rules for the regulation of other vehicles and, in addition thereto, shall be subject to the following rules and regulations:
(a)
Riders shall proceed in the extreme right-hand lane of the drive at all times, in single file only.
(b)
Riding crosswise and curving to and fro are strictly prohibited.
(c)
No rider shall take both hands off the handles or steering mechanism or ride recklessly in any manner.
(d)
A bicycle shall not be towed by rope or otherwise, nor shall any rider hold onto any moving vehicle for the purpose of being drawn along.
(e)
No bicycle shall be pushed upon any park or parkway drive where an adjoining footwalk is available.
(f)
Children under the age of 12, riding small bicycles (wheels less than 20 inches in diameter), may use the footwalks.
(g)
Wherever possible, bicycles or snow vehicles shall be parked in places provided for such purpose.
(h)
Infants, children or extra passengers shall not be carried on bicycles except on bicycles equipped with appropriate seats designed to carry infants, children or extra passengers.
[Amended 1-24-1996 by L.L. No. 1-1996]
K.
Indecent conduct and exposure. No person shall appear in a park in a state of nudity or commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior, and no person shall make any indecent exposure of his or her own person.
L.
Boating. Boating in or upon park waters is prohibited. No person shall operate, row or paddle a boat, canoe or other watercraft in or upon park waters.
M.
Camping. Camping within the park is prohibited.
N.
No person shall enter into any area within the park that is designated by the Director of Parks as off-limits and indicated as such by fencing or other barrier and/or signage.
[Added 5-23-2018]
A.
No person shall drive any automobile, motorcycle, motorized bike or other vehicle of traffic upon any part of the parks or parkways, except on the proper drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. Paths established as footpaths or bicycle paths shall not be used for vehicular traffic.
B.
No person shall cause any taxi, bus, limousine or other vehicle for hire to attend upon any part of the parks or parkways for the purpose of soliciting or taking in passengers or persons other than those carried to the parks or parkways by said vehicle.
C.
No person shall cause any bus, with or without passenger, nor any cart, wagon, truck or trailer or other vehicle carrying goods, merchandise, manure, soil or other articles, or solely in use for the carriage of goods, merchandise, manure or other articles, to enter or to be driven in any part of the park or parkway. This section shall not apply to vehicles engaged in the construction, maintenance or operation of the parks or parkways, or to buses under a permit from the Commissioner of Public Works.
D.
It shall be the duty of every person operating an automobile, motorcycle or other vehicle of traffic within the parks or parkways to comply with the Vehicle and Traffic Law of the State of New York and with all orders, directions and regulations issued by traffic officers or officially displayed on any post, standard, sign or device installed for the regulation of traffic.
E.
No vehicle shall be operated on any road or drive in any park or parkway at a speed exceeding 15 miles per hour, unless otherwise posted.
F.
No vehicle shall pass another vehicle proceeding in the same direction.
G.
Signs indicating one-way traffic must be obeyed.
H.
All stop signs and other traffic control devices must be obeyed.
I.
No person shall park any vehicle or permit any vehicle to remain standing on any highway, drive or driveway within any Town park. Parking shall be allowed only within designated parking areas in Town parks. Parking areas in the parks are established for the convenience of patrons while using the facilities of the parks. It shall be unlawful for any person to park, stop or leave standing any vehicle in any parking area in any park, except during the time he or she remains in the park. The term "parking" shall mean the standing of any vehicle, whether occupied or not, upon any highway, other than temporarily or while actively engaged in loading or unloading or while standing in obedience to traffic regulations or traffic signals.
[Amended 7-13-2005 by L.L. No. 6-2005]
J.
No person shall operate a vehicle along or over any road or drive within a park in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles so as to endanger the life, limb or property of any person while in the lawful use of said park drive or road.
K.
No person shall participate in a drag race upon any park drive or park property. The operation of two or more vehicles side by side, either at speeds in excess of permitted speeds on park drives or rapidly accelerating from a common starting point to a speed in excess of such permitted speeds, shall be prima facie evidence of drag racing.[1]
L.
No person shall drive or move or cause or knowingly permit to be driven or moved within the park any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person.
M.
No person shall use or shine spotlights or unnecessarily or continuously shine automobile headlights onto parklands, except under the direction of a police officer or park employee or except where necessary for the preservation of life or property.
No parents, guardians or custodians of any minor shall permit or allow him or her, as the case may be, to do any act which would constitute a violation of this chapter.
No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction or control of traffic or to any other order lawfully given by any police officer or town official in the execution of his or her office or willfully resist, obstruct or abuse any police officer or town official in the execution of his or her office or duties.
[Amended 6-8-1983 by L.L. No. 2-1983; 1-24-1996 by L.L. No. 1-1996; 8-14-2024 by L.L. No. 3-2024]
Any person who knowingly violates § 113-4F of this chapter, or who violates any of the remaining provisions of this chapter or any subjection thereof shall be guilty of an offense punishable as provided in Chapter 1, General Provisions, Article I. Each separate violation shall constitute a separate additional offense.