§ 12-104. Nature trail.

The Buffalo Creek Greenway from the Jaycee Kiddie Park to the Smithfield Community Park has a foot and bicycle path known as and herein referenced as the "town greenway." The Town Park on NC 2003 and Booker Dairy Road has a foot path designed as a designed walking trail. Both of these paths are subject to the following restrictions and any violation of the prohibitions set forth hereinafter will be a violation of this section and subject the violator to the fines hereinafter enumerated and be punishable as a misdemeanor, civil penalty or both.

(1)

The town prohibits the operation of motorized vehicles of any type except such operation by town employees for administrative/maintenance purposes, emergency personnel, or such operation by handicapped persons of motorized wheel chairs or motorized scooters designed for the handicapped.

(2)

The town prohibits the operation of bicycles on the town park walking trail, but allows them on the Town Greenway provided the driver does not exceed ten (10) miles per hour, slows at the approach to pedestrians and yields to all pedestrians.

(3)

The town prohibits the riding of animals as well as the operation of scooters and skateboards on either path.

(4)

The town prohibits dogs on either property unless the person with the dog has it leashed and has in his possession the means to remove the feces left by the dog to trash receptacles, dog waste receptacles, or the wooded area adjacent to the paths.

(5)

The town will open the park walking trail and greenway at 4:45 a.m. and close them both at 9:00 p.m. or thirty (30) minutes after dark, whichever closing time comes first. The town prohibits anyone from being present on either the park walking trail or the Greenway after closing unless the person is in the company of town personnel conducting town authorized business or on a confined field or the parking area at the park during an organized team sports activity that extends beyond the normal closing hour (approved by the Town of Smithfield).

(6)

The town prohibits the wearing of gang clothing or insignia at the town park or greenway.

The purpose of the issuance of a citation is to restrict the conduct of the person by seeking to have persons act in accordance with these rules at the town park and greenway. To encourage responsible conduct, a person shall be subject to the following escalating penalties for each violation of this section.

Offense	Penalty
1st	$25.00 fine
2nd	$75.00 fine
3rd	$125.00 fine

 

 

Town park employees and police officers may issue citations to any person if there is reasonable cause to believe that the person has violated any provision of this section. The town may deliver these citations in person to the violator; or, if the violator cannot be readily found, the citation may be deposited in the United States mail in a sealed envelope, postage prepaid, addressed to the violator at his last known business or residence address as the same appears in the public records or other records or any other method of delivery approved by law. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States mailbox. The citation shall direct the violator to pay the citation within fifteen (15) days from the date of the delinquency notice.

All citation forms shall be serially numbered in duplicate. Records of all citations shall be maintained so that all such forms shall be capable of being accounted for. The town shall periodically investigate the records for the purpose of determining the disposition of the citation and shall report the results of such investigation to the town parks and recreation director.

A violation of the prohibitions of this section will be a class 3 misdemeanor punishable under G.S. 14-4 and by fines as specified above for a first, second, or third offense.

(Code 1967, § 11A-13.1; Ord. No. 463, 8-3-10)