Chapter 209

Chapter 209

PARKS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia: Art. I, 9-27-1982 as L.L. No. 8-1982; Art. II, 4-23-1984 as L.L. No. 3-1984. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 81.
Animals — See Ch. 89.
Gambling — See Ch. 161.
Handbills — See Ch. 171.
Littering — See Ch. 193.
Noise — See Ch. 201.
Peace and good order — See Ch. 213.
Peddling and soliciting — See Ch. 217.
Vehicles and traffic — See Ch. 277.
Fees — See Ch. A312.

ARTICLE I
Traffic and Parking in Russell R. Joy Park
[Adopted 9-27-1982 as L.L. No. 8-1982]

~ 209-1. Title.

This Article shall be entitled “Parking and Traffic Regulations for Russell R. Joy Park.”

~ 209-2. Unlawful acts.

Within the park known as “Russell R. Joy Park” in the Village of Fredonia, no person shall:

A. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this Article and other ordinances and local laws.

B. Fail to obey all police traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations.

C. Fail to obey all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property.

D. Ride or drive a vehicle at a rate of speed exceeding five (5) miles per hour.

E. Drive any vehicle on any area except the park roads or parking areas.

F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.

G. Park on the road or driveway at any time.

~ 209-3. Enforcement; traffic recording fee.

The police officer shall attach to such vehicle a tag or notice to the owner thereof that a provision of this Article or amendment thereto has been violated and instructing the owner, operator or chauffeur thereof to report to the Village Receiver of Taxes office and to pay a traffic recording fee as set by resolution of the Board of Trustees for such violation within twenty-four (24) hours of the date of said violation. The office of the Village Tax Receiver shall issue a receipt for the payment of such recording fee whenever requested.

~ 209-4. Penalties for offenses.

Any person who shall violate or fail to comply with any of the provisions of this Article and any amendments thereto, upon conviction, shall be punished for the first offense by a fine not exceeding twenty-five dollars ($25.) and for the second or subsequent offense by a fine not exceeding fifty dollars ($50.) or by imprisonment not to exceed fifteen (15) days, or both.

ARTICLE II
Rules and Regulations
[Adopted 4-23-1984 as L.L. No. 3-1984]

~ 209-5. Title.

This Article shall be entitled “Parks Law of the Village of Fredonia.”

~ 209-6. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

PARK or PARKS — Includes those parks or playgrounds within the Village of Fredonia commonly known as “Barker Common,” “Elm Street,” “Forest Place,” “Gardner Street,” “Hamlet Street,” “Houghton,” “Lambert Avenue,” “Russell Joy” and “Barker Street Playground.”

~ 209-7. Applicability.

Except as otherwise stated herein, the provisions of this Article shall apply to all parks within the Village of Fredonia.

~ 209-8. Park hours.

A. All parks shall be open to the public between the hours of 8:00 a.m. and 11:00 p.m. daily. This section does not apply to the Barker Common, Forest Place or Houghton Park.

B. It shall be unlawful to remain in or to enter into any park, except as permitted by Subsection A above, after 11:00 p.m., when the parks close, and before 8:00 a.m., when said parks open.

~ 209-9. Protection of park areas.

A. No person shall throw, cast, discard or deposit any glass, crockery or metallic substance in any park area.

B. No person shall take into, bring on or carry through or have in his possession any glass container within any park area except glass casseroles or serving dishes for picnic use in areas designated by the Village Director of Parks and Recreation.

C. Alcoholic beverages in nonglass containers may be allowed in Russell Joy Park in the immediate vicinity of the Russell Joy Rotary and Kiwanis Shelters, provided that permission is first granted by the Board of Trustees or its duly designated officer or department as provided by Chapter 81, Alcoholic Beverages, Article I, Open Containers, as amended from time to time.

D. No person shall dig up, cut, break, remove, deface, defile or ill-use any building, stone, fence, pole or other construction or any root, branch or other part of any tree or shrub or any plant, turf or rock or any other property except upon a permit issued by the Village Park and Recreation Department or other duly authorized officer or agent acting under the control of the Director of Parks and Recreation.

E. No person shall disturb or injure any birds, bird’s nest or bird’s eggs or any squirrel or other animal or set any trap or snare within the park reservations of the village.

F. No person in violation of state laws shall have possession of instruments of gambling in any park of the village or play any game of chance therein or utter profane, loud, threatening, abusive or indecent language in any such park or do any obscene or indecent thing therein or solicit the acquaintance of or follow or in any way annoy any visitor in any of the parks of the village.

G. No person shall go within the shrubberies in any park of the village or stand upon or lie down upon a bench or sit or stand upon or climb over any railing, balustrade, wall or fence on any of the parks of the village.

~ 209-10. Rubbish and litter.

A. No person shall leave in, throw, cast, lay, drop or discharge into any part of a park area any garbage, sewage, refuse, wastepaper, obnoxious materials or other litter except in receptacles provided therefor.

B. Rubbish receptacles shall be for park users only.

~ 209-11. Commercial enterprises.

No person shall sell or offer for sale, hire, lease or hire or let out any merchandise in any park without a permit from the Board of Trustees of the Village of Fredonia or its duly authorized agent.

~ 209-12. Assemblages; use of pavilion.

A. No person shall erect any structure, stand or platform, hold any meeting or perform any ceremony in any park without a permit from the Village Board of Trustees.

B. The Village Trustees hereby delegate to the Director of Parks and Recreation the power to reserve the use of the Russell Joy Park pavilions for picnics.

~ 209-13. Advertising and handbills.

No person shall post, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular, advertisement or any matter of an advertising nature in any park.

~ 209-14. Camping.

No person shall erect any tent or set up a camp trailer for living purposes in any park. It shall also be unlawful to camp overnight, with or without a tent, or to sleep in any village park when closed.

~ 209-15. Fires.

A. No person shall build, make or maintain any fire in any village park or playground area.

B. Picnic fires are permitted in designated fire pit boxes next to Rotary and Kiwanis shelter areas.

~ 209-16. Alcoholic beverages.

Alcoholic beverages are prohibited in Barker Common, Elm Street, Forest Place, Gardner Street, Hamlet Street, Houghton, Lambert Avenue and Russell Joy parks unless permitted under ~ 209-9C of this Article.

~ 209-17. Glass containers.

No glass containers shall be allowed in any park area.

~ 209-18. Vehicles and traffic.

A. No person shall:

(1) State motor vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this Article and other local laws.

(2) Enforcement of traffic regulations. Fail to obey all police officers or park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations.

(3) Obey traffic signs. Fail to obey all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property.

(4) Speed of vehicles. Ride or drive a motor vehicle at a rate of speed exceeding five (5) miles an hour.

(5) Operation confined to roads. Drive any motor vehicle on any area, except the park roads or parking areas.

(6) Parking in designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.

B. All motor vehicles shall be equipped with mufflers in good working order so as not to create any disturbing or unreasonable noise.

C. The term “motor vehicle” shall include, but not be limited to, cars, motorcycles, dirt bikes and all-terrain vehicles.

~ 209-19. Excessive noise; exceptions.

A. It shall be unlawful to maintain or operate any motor vehicle, loudspeaker or amplifier connected to any radio, phonograph, tape recorder, microphone, musical instrument or other device by which sounds are magnified so that the resulting noise is excessively loud or is a nuisance in the village park, except as provided in Subsection B hereof.

B. The Board of Trustees of the Village of Fredonia may grant exceptions to Subsection A for activities sponsored in full or in part by village agencies or by recognized bona fide civic organizations, provided that the Trustees determine that the noise amplification will not be excessively loud and will not be a nuisance.

~ 209-20. Games and sports.

No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, sticks, model airplanes or any other object which may cause injury, except in areas specifically set aside for such forms of recreation. The playing of any sports, including but not limited to football, baseball and tennis, is prohibited except on the fields and courts or areas provided therefor. Baseball, football or other games involving the use of any ball or other thrown object shall be prohibited in Barker Common, Houghton Park or Forest Place Park.

~ 209-21. Dog control.

No person having ownership or custody of a dog shall allow or permit any such dog in any park unless at all times restrained on an adequate leash not greater than six (6) feet in length.

~ 209-22. Protection of park property.

A. No person shall willfully injure, disfigure, remove or destroy any tree, ornamental plant, bench, table, structure or building in any park.

B. No person shall take or carry away any sand, earth or stone from any park.

C. Attachment of contrivances to trees prohibited. It shall be unlawful to attach any guy rope, crossbar, cable or other contrivance to any tree in the parks, parkways or other grounds under the control of the Director of Parks and Recreation or the Director of Public Works.

D. Requests for removal or trimming of trees. Request for the removal or trimming of trees must be made on forms furnished by the Parks and Recreation Department of the Village of Fredonia and must state the size of the lot in front of which the work is to be done, the kind of trees to be trimmed or removed and the kind and condition of the nearest tree upon the adjoining property. This section shall apply to the parks, grass plots, street parking and other grounds under the control of the Director of Parks and Recreation and the Director of Public Works.

E. Removal of unlawfully displayed advertisement, etc. It shall be the duty of the employees acting under the control of the Director of Parks and Recreation, the Director of Public Works and all policemen to remove, as soon as discovered, all advertisements or other matter affixed to or connected with any tree, fence, pole or other structure in violation of these rules, together with the tacks or other appliance used in affixing the same, and to report the removal as soon as practicable to the Director of Parks and Recreation. These employees and policemen shall in all such cases ascertain, if possible, the person guilty of affixing, placing or displaying such advertisement or other matter and report the same to the Director of Parks and Recreation.

~ 209-23. Supervision of parks; enforcement.

A. The maintenance of the village parks shall be under the general supervision of the Director of Public Works. Operation and supervision of the village parks shall be under the general control of the Director of Parks and Recreation.

B. The Police Department shall have all necessary law enforcement powers in village parks to secure compliance with the provisions of this Article and to ensure lawful activity in said parks. The Chief of Police of the Village of Fredonia is hereby authorized to close any park for a period not to exceed twenty-four (24) hours whenever, in his opinion, such closing is necessary to preserve the peace, safety and security of the park.

~ 209-24. Penalties for offenses; restitution of property.

A. The violation of any of the provisions of this Article shall be considered an offense, and any person, upon being convicted of such offense, shall be punished by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for a term not to exceed fifteen (15) days, or both.

B. The court shall have authority to order restitution of stolen or damaged property.