[HISTORY: Adopted by the Common Council of the City of Lockport:
Art. I, 6-6-1949; Art. II, 2-6-1980.
Sections 129-5, 129-8, 129-10, 129-11, 129-13, 129-14, 129-15B, C, F and G,
129-16, 129-17, 129-18, 129-23 and 129-28 amended and § 129-24 added
during codification; see Ch. 1, General Provisions, Art. II. Other amendments
noted where applicable.]
[Adopted 6-6-1949]
Whenever used in this Article, the following respective terms, unless
otherwise herein expressly defined, shall mean and include each of the meanings
herein respectively set forth:
All places now known as or being used as public parks, and any places
so designated by resolution of the Common Council from time to time and located
within the City of Lockport, New York.
One or more persons of either sex, natural persons, corporation,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
No person shall post, paint, affix, distribute, hand out, deliver, place,
cast or leave about any bill, billboard, placard, ticket, handbill, circular
or advertisement; display any flag, banner, transparency, target, sign, placard
or any other matter for advertising purposes; operate any musical instrument
or drum for advertising purposes or for the purpose of attracting attention
to any exhibition, show, performance or other display; or solicit passengers
for hire.
No person shall solicit alms or contributions for any purpose.
No person shall cause or permit any animal owned by him, in his custody
or under his control, except a dog when restrained by a leash not exceeding
six feet in length, to go, be or run at large, nor hitch or fasten any horse
or other animal except at places provided for that purpose.
[Amended 7-3-1974[1]]
No person shall throw stones or other missiles; annoy persons; interfere
with, encumber, obstruct or render dangerous any path, drive, walk or public
place; climb or stand upon any wall, fence, shelter, seat, statue, tree or
other structure; engage in any lewd, suggestive or sexually explicit conduct;
enter or leave except at established entranceways or exits; introduce, carry,
discharge or fire any firearms, firecrackers, torpedoes or other fireworks,
except by written permission of the Parks Board; spit upon any walk, crossing,
safety zone or the floor of any structure, bridge, platform or stairway; cast,
throw or deposit on any walk, crossing, path, safety zone, floor or park surface
any portion of any fruit, vegetable, foodstuff, paper, pasteboard, litter,
pornographic writings, literature or pictures or other substance; cast, throw
or deposit on the ice or in the ponds or lakes any sticks, stones or other
matter that would tend to injure the ice for skating.
No person shall bring into or have in the parks any explosives, including
any substance, compound or mixture or article having properties of such a
character that alone or in combination or continuity with other substances
or compounds may decompose suddenly or generate sufficient heat, gas or pressure,
or any or all of them, to produce rapid flaming combustion or administer a
destructive flow to surrounding objects.
No person shall have or carry, whether or not concealed upon his person,
any instrument or weapon commonly known as a "toy pistol" or in which or upon
which blank cartridges may be used, or any blank cartridges or ammunition
therefor. No person shall take into the parks or have in his possession therein
any rifle, shotgun or fowling piece nor any air gun, spring gun, slingshot
or other instrument or weapon in which the propelling force is a spring or
air.
No person shall kindle, build or maintain or use any fire except in
places provided for such purpose. Any fire for which a permit has been issued
by the Parks Board or in such places as have been designated shall be continuously
under the care and direction of a competent person from the time it is kindled
until it is extinguished. No person shall throw away or discard any lighted
match, cigar or cigarette within or against any building, structure, boat,
car, vehicle or enclosure or under any tree or underbush, unless it be to
deposit the same in a suitable container provided for the reception thereof.
A.
In any park, no person shall, between 9:00 p.m. and sunrise,
remain, stay or loiter within any park, any park roadway or any park parking
lot, except for sports areas that are lighted and in use.
B.
The Common Council may, from time to time by resolution,
waive the aforementioned time frame for temporary special events; said waiver
shall lapse upon completion of the event.
[1]
Editor's Note: This amendment took effect immediately.
[Amended 11-2-1983]
No person shall sell or offer for sale any object or merchandise or
any other thing, whether corporeal or incorporeal, nor perform any personal
service for hire, except under a written permit by the Parks Board, and then
only at the place or places designated in the permit.
[Amended 11-2-1984]
No person shall camp or lodge in any park except at places designated
by the Parks Board.
[Amended 7-3-1979; 5-2-1984]
No person shall stand, sleep upon, lie upon or overturn any seat, bench
or table in the park, nor pile or stack tables or benches one upon another,
or stand, walk, jump, lie upon, sit or sleep on the table portion of any bench
in the park. No person shall remove any seats, benches or tables from their
designated areas nor move them closer than 30 feet to the designated walkways,
roads or parking areas.
[Amended 11-2-1983]
No person shall bring into or carry within any park any tree, shrub,
plant or flowers or newly plucked parts thereof without a written permit by
the Superintendent of Parks.
[Amended 11-2-1983]
No person shall enter any building, enclosure or place within any park
upon which the words "no admittance" shall be displayed or posted by sign,
placard or otherwise, without the consent of the Parks Board.
A.
Aviation. No person, except in an emergency, shall bring,
land or cause to descend or alight within or upon the parks any airplane,
flying machine, balloon, parachute or other apparatus for aviation.
B.
Bathing. No person shall bathe, wade or swim in any park
waters except at such times and in such places as the Parks Board may designate;
nor shall any person dress or undress in any place in the parks except in
such bathing houses as may be maintained by the City, or appear in bathing
costumes at any place within the park except within the limits of designated
bathing places.
[Amended 11-2-1983]
C.
Coasting. No person shall coast with handsled, bobs,
carts or other vehicles on wheels or runners except at such places and at
such times as are designated therefor by the Parks Board.
[Amended 11-2-1983]
D.
Games and picnics. No person shall throw, cast, catch,
kick or strike any baseball, golf ball, football, basketball, beanbag or any
other object, or play or engage in any games, except in places designated
therefor. Picnics may be held in such part of such parks as shall be designated
for that purpose, and portions of parks may be set aside for tennis, golf,
ball, croquet and other games, subject to such regulations as may be made
by the Superintendent of Parks, and no person shall join any such picnic or
game without the consent of the persons of whom they are composed, or shall
in any manner disturb or interfere with the same.
E.
Horses. No person shall use, ride or drive a horse unless
it is well broken and constantly held in such control that it may be easily
or quickly turned or stopped, nor permit any horse owned by him or in his
care or custody to be unbridled or left unattended in any unenclosed space
without being securely fastened.
F.
Meetings, exhibitions, parades, racing, etc. No person,
without a written permit by the Parks Board, shall erect any structure, stand
or platform; hold any meeting or service; perform any ceremony; make a speech,
address or harangue; exhibit to the public any dramatic performance or the
performance in whole or in part of any interlude, tragedy, comedy, opera,
ballet, play, farce, minstrel, dancing, entertainment, motion picture, radio,
circus, juggling, rope walking or any other acrobatics; engage in any parade,
drill, maneuvers or civic or other procession; or run or race any horse or
other animal, or, being in a vehicle, race with another vehicle or horse.
Nor shall any person use or bring into any park a sound truck, loudspeaker
or mechanical device of any kind for the purpose of attracting attention or
of being heard without such a written permit, and it shall be unlawful for
any person to take part in any meeting, services, exhibition, parade, race,
etc., held or conducted contrary to the provisions hereof. The provisions
of this subsection shall be subject to the conditions imposed by any ordinance
enacted in the future covering the entire City and which regulates and prohibits
certain sound trucks and amplifying equipment.
[Amended 11-2-1983]
G.
Skating and sledding. No person shall use any roller
skates except at such times and upon such places as may be designated therefor
by the Parks Board, or skate, sled, walk or go upon any ice except at such
times and upon such places as may be designated therefor by the Parks Board
to be in a safe condition therefor.
[Amended 11-2-1983]
H.
Pavilion reservation.
[Added 2-17-1999]
(1)
The City Clerk shall, upon written application, issue
a permit for the reservation of the City's pavilions, two at Outwater
Park, one at Nelson C. Goehle Park (Lockport public marina and park at Widewaters)
and one at Altro Park, subject to payment of a nonrefundable fee of $25 per
day for City residents and a nonrefundable fee of $40 per day for non-City
residents. Pavilions are available from May 1 to October 15 of each year.
Pavilions may be reserved beginning each January for the current year only.
[Amended 7-7-1999; 6-6-2001; 8-15-2001; 5-15-2002]
(2)
Reservation policy.
(a)
The City Clerk shall develop a written policy for the
issuance of pavilion reservation permits. Said policy shall include:
[1]
Applicant information.
[2]
Pavilion locations.
[3]
Nonrefundable fee: $25 per day for City residents; $40
per day for non-City residents.
[Amended 7-7-1999; 5-15-2002]
[4]
The application must be submitted no less than 15 days
prior to the event.
[5]
Event date, including arrival and departure time.
[6]
Number of persons expected to attend the event.
[7]
Copies of all permits to be forwarded to the Lockport
Police Department and Highways and Parks Department. The Highways and Parks
Department shall post the permit at the pavilion 24 hours prior to the event.
[8]
The application will be approved based on the date of
application and receipt of the fee.
[9]
It shall be a violation of this Subsection H for any person/group to fail to vacate/surrender a pavilion to a person/group possessing a valid reservation permit.
[Added 3-17-1999]
[10]
In the event that any pavilion is reserved after summer
programming has concluded and rest rooms are closed, persons reserving the
pavilion may obtain a rest room key for a deposit of $10 payable to the City
Clerk, which shall be refunded upon return of the key.
[Added 9-6-2000]
(b)
It shall be the duty of the Lockport Police Department
to enforce said reservation policy.
[Amended 11-2-1983]
No person shall injure, mark, write upon, deface, displace, remove,
fill in, raise, destroy or tamper with any drive, path, walk, bridge or approach
thereto; take up or remove or carry away any asphalt, concrete, flagstone,
rock, stone, gravel, sand, clay or earth; or make any excavation of any kind,
name or nature; or harvest, cut, injure or remove any ice; or injure or deface,
displace, remove or destroy any structure, building, post, railing, bench,
seat, platform, stand, tree guard, telephone, telegraph, pipe or main for
conducting gas, water or wires, or any hydrant, sewer, drain, pipe, main,
receiving basin, cover, manhole or vent forming a part thereof, or any appurtenances
or appendages connected therewith, or any other property or equipment, real
or personal, owned by the City or under the jurisdiction or control of the
Parks Board or appertaining to the creation, government, use or maintenance
of the parks; or injure or in any way interfere with the operation of any
machine, instrument or contrivance used in the parks; or injure, deface, displace,
remove or destroy any sign, inscription, post or monument erected or marked
for any purpose, or mileboard, milestone, danger sign or signal, guide sign
or post or any signaling device within the parks for the purpose of directing,
restricting or regulating traffic establishing zones or giving information
or directions to the public; or interfere with any lamp, lamppost or light
apparatus, or extinguish the lights therein except upon the authority of the
Parks Board; or, without a permit, attach, string, adjust or carry any wires
or other objects in or over any part of the parks.
No person shall destroy, cut, break, deface, mutilate, injure, disturb,
sever from the ground or remove any plant, flower, flower bed, shrub, tree,
growing thing, plant growth or any branch, stem or leaf thereof; or pile or
maintain any material or debris of any kind against or upon the same; or attach
any rope, cable or other contrivance thereto; or set fire or assist another
to set fire to any timber, trees, shrubs, plants, flowers, grass or plant
growth; enter or walk upon any planted place; or to hitch any horse or animal
to, or leave the same standing near enough to injure, the lawn or grass plot;
or go upon the same, except at such time when permission to do so has been
given to the public by the Parks Board.
No person shall molest, kill, wound, trap, hunt, take, chase, shoot
or throw missiles at, remove or have in his possession any animal, bird, bird's
nest or squirrel's nest, or remove the young of any such animal or the
eggs or young of any such bird; or knowingly buy, receive, have in his possession,
sell or give away such animal, bird or egg so taken. No person, except under
a written permit by the Parks Board, shall fish in any of the park waters.
No person shall kill, wound, discharge or throw missiles at any fish in such
waters, or place therein any piscivorous fish, poison or any other substance
injurious to fish.
No person shall, within or without the parks, throw, cast, lay, drop
or discharge into or leave in the waters of the parks or any tributary brook,
stream, storm or drain flowing into such waters, any substance, matter or
thing, liquid or solid, which may or shall result in the pollution of such
waters.
No person shall take into, carry through, leave in, or throw, cast,
lay, drop or discharge into or on, or suffer or permit any servant, agent,
employee or person in his charge to take into, carry through, leave in, or
throw, cast, lay, drop or discharge into or on, the parks any ashes, dress,
cinders, shells, paper, dirt, sand, oil, grease, clay, loam, stone or building
rubbish, brush, stump, hay, straw, oats, sawdust, shavings or manufacturing
or trade or household wastes, old iron or other metal or objects made therefrom,
or rubbish of any sort, or sick, diseased or dead animals, organic refuse
or other offensive matter, including swill, brine, urine, offal, fecal matter,
garbage or rubbish.
A.
Commercial vehicles. No person shall drive or operate
within the parks any motor vehicle used solely for commercial purposes, except
on park business.
B.
Demonstration and instruction vehicles. No person shall
use the park drives for the purpose of demonstrating any vehicle, or for the
purpose of instructing another to drive or operate any vehicle, or for learning
to drive or operate any vehicles.
C.
Towing. No person shall cause or permit a vehicle in
tow of another vehicle to enter the parks or proceed therein, except that
in case of a breakdown, a disabled vehicle may be towed to the nearest exit.
A.
Vehicles prohibited in certain areas. No person shall
drive a vehicle within or upon a walk, bridle path or any part of the park
not designated or customarily used for such purpose. No person shall ride
a bicycle, tricycle, velocipede or motorcycle upon any walk or footpath, but
persons may push such machines in single file along the same.
B.
Obeying officers. Whenever any traffic officer or other
patrolman shall indicate or direct, by gesture or otherwise, that the speed
or course of a vehicle shall be changed or altered, the driver thereof shall
immediately obey such directions.
C.
Parking. No owner or driver or person exercising control
over any vehicle shall cause or permit his vehicle to stand anywhere outside
of the designated parking area except in an emergency or for a reasonable
time to take on or discharge passengers. Nor shall any persons lie, stand
or sit upon the fenders, hood, trunk or top of vehicles parked along the roadway
in the parks. Nor shall they stand leaning against any vehicle parked along
a roadway in the park in any manner which might expose them to possible injury
from passing vehicles or which might impede the flow of traffic on such roadway.
[Amended 7-3-1974]
D.
Exceptions. Nothing herein contained in this article
shall apply to the wagons and apparatus of the Fire and Police Departments
or to any ambulance or to emergency repair wagons or other vehicles of the
Park Department when responding for emergency work in case of fire, accident,
public disaster, impending danger or emergency or for park business.
[Amended 11-2-1983]
A.
Supervision. The use and management of all public parks
within said City shall be vested in the Parks Board, which shall perform said
duties in addition to those stated in § C-63A of the City Charter.
It shall issue all permits for the use of said parks and prescribe the conditions
thereof, and the Superintendent of Parks shall prepare and deliver written
permits so authorized.
B.
Executive officer. The Superintendent of Parks mentioned
in said section of the Charter shall be the chief executive officer of said
Board in the supervision, use and management of all public parks.
C.
Permits. Whenever the Superintendent of Parks is authorized
to issue a permit as provided in this article, every person claiming to have
such permit shall produce and exhibit the same upon the request of any authorized
person, and all permits shall be subject to the provisions of this article,
and the holders thereof must strictly observe the conditions thereof and the
provisions of the ordinances of the City relating to the same. Any permit
may be peremptorily revoked by the officer issuing the same in case of any
violation of the terms on which the same was issued or of any ordinance relating
to the same by the holder thereof.
D.
No person shall refuse to obey any orders or requests
of the Superintendent of Parks or any park officer or policeman having for
their object the preservation of the parks within said City, their contents
or maintenance of order or decorum therein.
E.
The Mayor of the City of Lockport is empowered to designate
public servants who shall be specifically authorized pursuant to this article
to issue and serve appearance tickets to persons in and around City parks
for petty offenses and violations of the City and Parks Department rules,
regulations and ordinances. Said authority is limited to occasions where the
public servant has reasonable cause to believe that a person has committed
a petty offense in his presence.
[Added 8-17-1989 by L.L. No. 1-1989]
[Added 5-2-1984]
A.
No person shall consume or possess any alcoholic beverage
within 100 feet of any playground or pool area.
B.
No person shall consume or possess any open container
of alcoholic beverages in any vehicle parked on any roadway or parking lot.
C.
No person shall consume any alcoholic beverage in any
other area of a park except for picnic and sports areas.
[Added 5-2-1984]
A.
No person shall play any radio, phonograph, tape player
or any musical instrument at any time in such a manner or at such a volume
as to annoy or disturb any other person.
B.
No person shall cause or permit any loud or disturbing
talking, shouting, singing, music or other noise to be made of such intensity,
character or duration as to annoy or disturb any other person.
C.
The foregoing provisions of this section shall not apply
to any organized activities that have received specific prior written permission
from the Parks Board or the Superintendent of Parks.
[Added 11-2-1983]
An offense against the provisions of this article shall constitute a
violation under the Penal Law and shall be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 2-6-1980]
As used in this article, the following terms shall have the meanings
indicated:
To have physical possession or otherwise to exercise dominion or
control, to take into, hold, leave, dispose or drop.
To utilize or employ.
No person shall use or possess any glass container of any kind within any City park as described and set forth in § 129-27 below.
A.
This Article shall apply to the following-designated
City parks:
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Altro Park.
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Carveth Packet Park.
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Darrison Park.
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Dolan Park.
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Dudley Square.
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East Avenue Park.
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Grossi Memorial Park.
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High Street Park.
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Lakeview Parkway.
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Lincoln Park.
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Lockport Public Marina and Park.
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Locust Street Park.
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Market Street Park and Playground.
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Niagara Street Park.
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Outwater Park.
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Raymond C. Betsch Packet Park.
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Rogers Avenue Playground.
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Rollin T. Grant Gulf Wilderness Park.
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Sutlif-Rotary Park.
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Veterans Memorial Park.
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West Avenue Park.
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William Street Playground.
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B.
Any additional City parks which are created shall be
subject to this Article.
