ARTICLE IV. USE OF PARKS AND PUBLIC LANDS
Sec. 14-121. Establishment and purpose of rules and regulations.
The rules and regulations as set out in this article are hereby established for the management and protection of the parks and other public grounds owned by the Town of Falmouth and for the protection of the persons lawfully entitled to use same.
(1) Park hours of operation.
a. Parks shall normally be open to the public from sunrise until sunset unless otherwise posted. The public is prohibited from being in parks when they are closed to public use except as authorized by the director of parks and community programs or designee.
b. The director or designee is authorized to close any park or portion thereof at any time for the protection of park property or the public health, safety or welfare.
(2) Permits.
a. Permits shall be required for the exclusive use of all or portions of park areas, buildings or trails and for the use of park areas and facilities when they are otherwise closed to the public. Permits for park use may be obtained from the director of parks and community programs or designee, who may require the permittee to provide proof of insurance in such form and in such amounts as the director or designee deems reasonable. Permits must be requested at least two (2) weeks in advance.
b. Permits from the director of parks and community programs or designee shall be required for any gathering, entertainment, game, tournament, exhibition or similar use. The director or designee may require the permittee to provide proof of insurance in such form and in such amounts as the director or designee deems reasonable. Permission for the above listed uses must comply with the large outdoor event and the use of town and school facilities ordinances.
c. It shall be unlawful for any person to use, without payment, any facility or area for which a permit fee is required or user fee charged, unless payment has been waived.
(3) Unlawful occupancy. It shall be unlawful for any person to:
a. Enter any building or be upon any park area after the posted closing time or before the posted opening time, or contrary to posted notice in any park or while any park area or park building is under construction.
b. Use a park area or park building in a manner which requires a permit after having received a permit revocation during the time period specified.
(4) Alcohol/tobacco. Participants and spectators may not consume alcohol or tobacco products at any scheduled/organized activity or event. Alcoholic beverages are prohibited in park areas.
(5) Solicitations and concessions. It shall be unlawful for any person to:
a. Solicit, sell or otherwise peddle any goods, wares, merchandise, services, liquids or edibles in a park except by authorized concession or written permission granted by the director of parks and community programs or designee.
b. Expose, distribute or place any commercial sign, advertisement, notice, poster or display in a park without authorization from the director of parks and community programs or designee. This prohibition shall not apply to signs erected in connection with recognition of sponsorship by a business or individual of non-profit events and athletic teams within the town, provided that the sign has been authorized by the director of parks and community programs or designee.
c. Bring in, set up, construct, manage or operate any amusement or entertainment device without a permit.
Other town permits and licenses may be required before engaging in the foregoing activities.
(6) Pets/animals.
a. All dogs must be on a leash, cord or chain, not longer than ten (10) feet, held by a person physically able to control the dog, during any scheduled/organized activity or event. Animals are not permitted in designated child play areas. Dogs are permitted to use trails and other designated areas off-leash as long as they are within voice command of their custodian.
b. It is a violation of this ordinance to allow a pet to disturb, harass or interfere with any park employee or park visitor or to damage any park visitor's property.
c. Any animal owner whose animal destroys, damages, or injures any shrubbery, plants, flowers or anything on public property or a facility in a park or other public grounds shall be responsible for the damage caused by the animal.
d. Pet custodians shall pick up their pet's feces and dispose of the feces in a sanitary manner, off park property.
(7) Littering. It shall be unlawful for any person to deposit, scatter, drop or abandon bottles, cans, broken glass, sewage, trash, waste or other material. Disposal of waste shall be in a sanitary manner off park property.
(8) Release of harmful or foreign substances. It shall be unlawful for any person to:
a. Place any debris or other pollutant in or upon any park lands or any body of water in or adjacent to a park or any tributary, stream, storm sewer or drain flowing into such waters.
b. Discharge wastewater or any other wastes in a park, except into designated containers, drains or dumping stations.
c. Release a pesticide in or upon any park land except as permitted by the Town.
(9) Destruction/defacement/alteration of park property/signs. It shall be unlawful for any person to:
a. Intentionally deface, vandalize or otherwise cause destruction to park property.
b. Intentionally deface, destroy, cover, damage or remove any placard, notice or sign, whether permanent or temporary, posted or exhibited by the Department of Parks and Community Programs.
c. Build an encroaching structure, such as a fence or garden, on park property without the express written permission from the Director of Parks and Community Programs.
(10) Disturbance of natural features. It shall be unlawful for any person to:
a. Intentionally remove, alter, injure or destroy any tree, turf, other plant, rock, soil or mineral without a permit.
b. Dig any trenches, holes or other excavations in a park without a permit.
c. Introduce any plant, animal or other agent within a park without a permit.
(11) Hunting/wildlife. It shall be unlawful for any person to:
a. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed, any species of wildlife in any park areas that are posted "No Hunting." All fishing, hunting and discharge of firearms shall be in accordance with state and local laws and ordinances.
b. Remove any wild animal, living or dead, from a park without necessary State permits or licenses.
c. Release or abandon any animal within a park without necessary State permits or licenses.
(12) Possession and use of weapons/firearms/fireworks. It shall be unlawful for any person to~
a. Possess, fire or discharge, or cause to be fired or discharged across, in or into any portion of a posted park, any gun or firearm, spear, bow and arrow, crossbow, sling shot, air or gas weapon, paintball gun, or any other dangerous weapon or projectile, except for purposes designated by the Director of Parks and Community Programs in areas and at times designated by the Director.
b. Possess, set off or attempt to set off or ignite any firecracker, fireworks, smoke bombs, rockets, or other pyrotechnics without authorization of the Director of Parks and Community Programs and the necessary State permits.
(13) Fires. It shall be unlawful for any person to:
a. Start an open fire in any park (including for cookouts and camping) except by express permission from the director of parks and community programs or designee. Applicants requesting permission for a fire of any type must also acquire a fire permit through the Falmouth Fire Department.
b. Scatter or leave unattended lighted matches, ashes, burning tobacco, paper or other combustible materials.
(14) Snowmobiles. Snowmobiles are permitted to travel on designated trails within parks and designated public grounds owned by the town.
(15) Trails. Trails within parks and public grounds owned by the Town may generally be used for non-motorized recreation such as hiking, cross-country skiing and cross-country running and may otherwise be used as posted.
(16) Personal conduct/public nuisance interference with others. It shall be unlawful for any person to engage in any course of conduct or participate in any activity in any park where such conduct or participation is unreasonably and unnecessarily hazardous to the personal safety of or impairs or limits the lawful use and enjoyment of the facility or area by other persons.
(17) Noise/public disturbance. It shall be unlawful for any person to:
a. Make any unnecessary noise which disturbs the peace and quiet of the park or causes discomfort or annoyance to park visitors of normal sensitivity, except for special programs at dates and times as authorized by permit.
b. Install, use or operate or permit the use or operation within the parks of any of the following devices:
1. Loudspeaker or sound amplifying equipment without a permit.
2. Radios, tape players, phonographs, television sets, musical instruments or other machine or device for the production or reproduction of sound in such a manner as to be disturbing or a nuisance to persons of normal sensitivity within the area of audibility.
(18) Movement of benches/seats or other park equipment. No benches, seats or other equipment of the town shall at any time be removed or changed from their place without permission to do so having been obtained by the director or community programs or designee.
(19) Golf. Practicing of golf is not permitted in any parks, playgrounds, or public grounds owned by the Town, except where specifically designated or as authorized by the Director of Parks and Community Programs or designee.
(20) Camping. Overnight camping is prohibited in all parks and public grounds owned by the town, except where specifically designated or as authorized by the director of parks and community programs or designee.
(21) Parking. Parking or driving of any vehicle, including vehicles for the purposes of loading and unloading supplies and all catered or concession vehicles, is not permitted except where specifically designated or as authorized by the director of parks and community programs or designee.
(22) Interference with employee performance of duty. It shall be unlawful for any person to impersonate any employee of the Town or interfere with, harass or hinder any employee in the discharge of his/her duties.
(Ord. of 5-22-2003)
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