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HomeMy WebLinkAbout2004_5_18_Local_Law_No_10 Local Law No. 10-2004 This local law shall be known as the "Regulations for the Use of Parks and Fields" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: This law contains the rules regarding the use of parks and fields in the Town of Mamaroneck. Section 2 - Addition of a new chapter to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended by adding thereto a new chapter to be known as: "Chapter 148 --- Park and Fields" which reads as follows: Chapter 148 Parks and Fields § 148-1. Definitions. § 148-2. Prohibited activities § 148-3. Regulated activities § 148-4. Additional rules authorized § 148-5. Hours § 148-6. Permits § 148-7. Traffic regulations § 148-8. Enforcement § 148-9. Penalties for offenses § 148-10 Exemption § 148-1. Definitions A. As used in this chapter, the following terms have the meanings indicated: COMMISSION ---- The Recreation Commission of the Town of Mamaroneck. ENFORCEMENT OFFICERS ---- The persons serving in any of the following positions in the Town of Mamaroneck: an Assistant Building Inspector, a Code Enforcement Officer, the Director of Buildings and Land Use Administration, the Environmental Coordinator, a police officer, the Superintendent of Highways, the Superintendent of Recreation or the Town Administrator. FIELD ---- The Carpino-Steffens fields which are located along Hommocks Road behind Hommocks School. ONE-DAY EVENT --- An activity which is to be conducted on a single day and which is anticipated to attract to the park or the field where it will be conducted 50 or more persons who will participate in, work at (whether as paid staff or as volunteers) and/or watch the event. ORGANIZED ACTIVITY ---- An event or series of events that is overseen, planned, run or sponsored by a group (such as, a club, a neighborhood association or an organization affiliated with a place of worship) or by a league (such as the Little League or the Mamaroneck Junior Soccer League) or by one or more individuals who form a group of persons to participate in a specific activity on a regular basis (such as weekly lacrosse games). The examples of organized activities set forth above are for illustrative purposes only and are not intended to limit the types of activities that are considered organized activities under this chapter. Accordingly, the rule of statutory construction known as ejusdem generis shall not be utilized when determining whether a particular activity should be considered an organized activity within the meaning of this chapter. B. Notwithstanding the foregoing definition, an event sponsored by the Town or any of its agencies, authorities, boards, commissions or departments shall not be considered an organized activity or a one day event within the meaning of this chapter. PARK---- (i) Memorial Park which is bisected by Myrtle Boulevard with the northerly portion lying along Myrtle Boulevard and Baldwin Avenue and the southerly portion lying between Myrtle Boulevard, North Chatsworth Avenue and Vine Street, (ii) Gardens Lake Park which lies between Lakeside Drive and the New York State Thruway and (iii) and the unnamed park located at the corner formed by the intersection of Palmer Avenue and Weaver Street. § 148-2 Prohibited activities No person shall: A. Intentionally break, deface, destroy, disfigure, displace, mark, remove or tamper with any bench, building, bridge, chain, decorative element, equipment, fence, flagpole, flower, fountain, grass, lamp or lamp post, memorial marker, notice or placard, pavement, plant, playing surface, railing, rock, sand, shrub, sign or sign post, stone, table, tree(whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field, B. Allow an animal to break, deface, destroy, disfigure, displace, mark, remove or tamper with any bench, building, bridge, chain, decorative element, equipment, fence, flagpole, flower, fountain, grass, lamp or lamp post, memorial marker, notice or placard, pavement, plant, playing surface, railing, rock, sand, shrub, sign or sign post, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field, C. Connect to, disconnect, expose, open, remove, rupture, tamper or interfere with any conduit, electric or telephone line, fountain, pipe or any other public utility that is located within a park or field, D. Excavate any area of a park or a field, E. Carry or discharge any firearms or guns of any kind whatsoever, including but not limited to air rifles, BB guns, paintball or pellet guns and pistols within a park or field, F. Frighten, give or offer any food to, hunt, kill, molest, shoot, tease, throw stones or any missiles at or trap any reptile or bird or the eggs of a reptile or bird or any animal within a park or a field, G. Discharge, place or cause to be placed or throw into the waters or upon the ground within a park or a field any substance which may result in pollution of or damage to such waters or the ground within a park or field or to any flower, grass, plant, shrub or tree located within a park or field, H. Deposit, dump or leave or cause to be deposited, dumped or left any ashes (other than ashes in a designated and permanently constructed fireplace), bottles, boxes, broken glass, cans, dirt, garbage, paper, refuse, rubbish, trash or other waste anywhere within a park or on a field, except for those items that are placed in the receptacles provided for deposit of such items, L Fail to remove excrement deposited by that person's pet within a park or a field, J. Drop, scatter or throw cigars, cigarettes, flammable material, matches, tobacco within a park or a field, K. Affix, draw, leave, paint, paste, place or post any advertisement, bill, circular, notice, pamphlet, placard or other printed matter on any bench, building, bridge, chain, decorative element, earth, equipment, fence, flagpole, flower, fountain, grass, lamp or lamp post, log, memorial marker, pavement, plant, playing surface, railing, rock, shrub, sign or sign post, stone, , table, tree(whether cut, fallen or standing), tree guard, vehicle (whether motorized or not), wall, monument, stake, post or other boundary marker within a park or a field, L. Allow, cause or permit an animal over which a person has control or custody to run at large or to be tethered by a leash exceeding six (6) feet in length within a park or a field, M. Hit golf balls within a park or a field, N. Enter, swim or wade in any waters located within a park or a field, O. Camp or erect a tent or any other temporary or mobile shelter within a park or a field, P. Project, shoot or throw any arrows, boomerangs, darts,javelins or stones within a park or a field, Q. Possess any firecracker, rocket, or other firework or explosive within a park or a field, R. Detonate, discharge, explode or otherwise set off or cause to be detonated, discharged or exploded any firecracker, rocket, torpedo or other firework or explosive within a park or a field or aim, direct or cause such items to be aimed at or directed into a park or a field, S. Climb upon any bench, building, bridge, chain, decorative element, equipment (other than playground equipment designed for climbing), fence, flagpole, flower, fountain, lamp or lamp post, log, memorial marker, plant, railing, rock, shrub, sign or sign post, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field or T. Engage in a regulated activity except when such activities are permissible under section 148- 3. § 148-3 Regulated activities A. Except while an event sponsored by the Town or a one day event is being conducted, no person shall (1) bring or consume any alcoholic beverage within a park or a field or (2) exhibit or offer for sale any merchandise, any durable goods or any food products within a park or a field. B. Except pursuant to rules promulgated by the Commission, no person shall: (1) Bring in or operate any boat, raft or other water craft over three (3) feet in length, whether motorized or not, upon any waters within a park or a field, (2) Build a fire except in a fireplace designated and constructed for such purpose within a park or a field, (3) Enter upon Gardens Lake when there is ice on its surface except in areas designated by the Superintendent of Recreation for skating or sledding. Such designation shall be done by displaying a safety flag or sign on the ice or on an area adjacent to the ice, (4) Operate a motorized model airplane or rocket within a park or a field, (5) Attach or string any banner, rope or wire above, across or along the surface of a park or a field or attach any banner, rope or wire to any bench, building, bridge, chain, decorative element, equipment, fence, flagpole, flower, fountain, lamp or lamp post, log, memorial marker, pavement, plant, playing surface, railing, rock, shrub, sign or sign post, stone, table, tree (whether cut, fallen or standing), tree guard, wall, monument, stake, post or other boundary marker within a park or a field or (6) Ride a horse or a pony within a park or a field. § 148-4 Additional rules authorized A. The Commission hereby is authorized to adopt any additional rules and regulations with respect to the park and fields and with respect to the conduct of the public therein, provided that such rules and regulations are consistent and do not conflict with the provisions of this chapter. B. There shall be no fees for admission to or use of the parks and fields of the Town except as established or authorized by the Commission. The fees established or authorized by the Commission shall be set forth in a written schedule, which may be amended by the Commission from time to time. All fees shall be collected by the Town's Recreation Department. C. The Commission may delegate some or all of the duties given to it by this chapter to the Superintendent of Recreation. § 148-5 Hours A. The benches and paths of the parks shall be open to the residents of the Town every day of the year at dawn for passive recreation such as walking,jogging or sitting. The remaining areas of the parks shall be open to the residents of the Town every day of the year starting at 9:00 AM. All areas of the parks shall close at dusk except when an event sponsored by the Town or a one day event is being conducted in which case the park where the event is held shall close at the later of dusk or one-half (1/2) hour after such event is concluded. B. The fields can be used only by those persons to whom permits have been issued and can be used only for the reason specified in the permit The fields shall be open for use by the persons to whom a permit has been issued from 9:00 AM to dusk except when an event sponsored by the Town or an organized activity or a one day event is being conducted in which case the field where the event is held shall close at the later of dusk or one-half (1/2) hour after such event is concluded. C. The opening and closing hours of a park or a field shall be posted so that those hours are visible to the public. § 148-6 Permits A. Neither an organized activity nor a one day event shall be conducted within a field unless (1) the applicant is a resident of the Town of Mamaroneck or if the applicant is not a person, it is an entity which conducts its activities within the Town of Mamaroneck and (2) a permit has been issued therefor by the Superintendent of Recreation. The form of the application for such permit shall be prescribed by the Commission but at a minimum shall require the applicant to: Supply the name and address of the group or person applying for the permit State the entity with which the applicant is affiliated, if any Specify the date or dates and the hours when the organized activity or one day event will take place Specify the park or the field at which the organized activity or one day event will take place Describe the organized activity or one day event in such detail as is required by the Superintendent of Recreation Estimate the number of persons expected to participate in, work at (whether as paid staff or as volunteers) and/or watch the organized activity or one day event State whether it is expected that alcohol will be consumed by persons present at the organized activity or one day event State whether it is expected that food will be consumed by persons present at the organized activity or one day event and State whether any merchandise, durable goods or food products will be exhibited or offered for sale. B. A permit shall not be required to conduct an organized activity within a park. C. A one day event shall not be conducted within a park unless (1) the applicant is a resident of the Town of Mamaroneck or if the applicant is not a person, it is an entity which conducts its activities within the Town of Mamaroneck and (2) a permit has been issued therefor by the Superintendent of Recreation. The form of the application for such permit shall be prescribed by the Commission but at a minimum shall require the applicant to: Supply the name and address of the group or person applying for the permit State the entity with which the applicant is affiliated, if any Specify the date and the hours when the one day event will take place Specify the park at which the one day event will take place Describe the one day event in such detail as is required by the Superintendent of Recreation Estimate the number of persons expected to participate in, work at (whether as paid staff or as volunteers) and/or watch the one day event State whether it is expected that alcohol will be consumed by persons present at the one day event State whether it is expected that food will be consumed by persons present at the one day event and State whether any merchandise, durable goods or food products will be exhibited or offered for sale. D. The Superintendent of Recreation shall grant a permit for an organized activity or a one day event provided a properly completed application form is submitted and the fee therefor, if any, is paid unless (1) a permit for the park or field requested by the applicant already has been issued for the same date and time or (2) in the judgment of the Superintendent of Recreation, the type of activity or the number of people that such activity may attract (i) could result in the park, the field or the environs being damaged or persons being injured or (ii) would violate any federal, state, county or local law or regulation or (3) less than thirty (30) days shall have elapsed since the last one day event was conducted on any field or park by the same permittee for the same purpose. E. The Superintendent of Recreation shall have the power to impose conditions on a permit that are reasonably calculated to prevent damage to a park, a field, the environs or people attending or participating in the activity or people in the vicinity of the park or the field where the activity is being conducted. F. Upon request by an enforcement officer, a permittee shall display the permit issued by the Superintendent of Recreation to that officer. § 148-7 Traffic regulation No person shall: A. Fail to comply with any applicable provision of the Vehicle and Traffic Law of the State of New York while driving within a park or a field, B. Fail to observe and obey traffic or a parking sign within a park or a field, C. Park a vehicle or other means of transportation or leave any other property within a park or a field overnight, D. Park a vehicle or other means of transportation within a park or a field unless the operator thereof stays within that park or that field during the time that such vehicle or other transportation device is so parked E. Ride a bicycle or a skateboard, rollerblade or skate on other than a designated path, a paved road or a parking area within a park or a field, or E. Operate an all-terrain vehicle (ATV), go-kart, golf cart or a snowmobile on other than a paved road or parking area within a park of a field. § 148-8 Enforcement. Every enforcement officer shall have the power to issue court appearance tickets, notices of violations, summonses or warnings for a violation of any provisions of this chapter. § 148-9 Penalties for offenses. The violation of any provision of this chapter hereby is declared to be a violation. Upon conviction for violating any of paragraphs of this law, the convicted person shall be punished by a fine not exceeding $250 or by imprisonment not exceeding fifteen (15) days or both. § 148-10 Exemption. This chapter shall not apply to the Town of Mamaroneck or any independent contractors engaged by it while such contractors are acting within the scope of their duties to the Town. Section 3 - Severability: Should any provision of this local law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this local law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This local law shall become effective upon filing with the Secretary of State.