[HISTORY: Adopted by the Town Board of the
Town of Brighton 8-12-1981 by L.L. No. 3-1981. Amendments noted where
applicable.]
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.
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]
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.
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.
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.
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 public meeting or engage in any marching,
drilling or driving as a member of a military, political or other
organization; conduct any funeral procession or vehicle containing
the body of a deceased person; or use any loudspeaker or other sound-amplifying
equipment.
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.
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]
