[Adopted 7-2-1979 by L.L. No. 8-1979]
The following provisions shall constitute Village
Ordinance Nos. 95 and 96 hereinbefore repealed.[1]
Whenever used herein, the following respective
terms, unless otherwise therein expressly defined, shall mean and
include each of the meanings herein respectively set forth:
Any water area, natural or artificial, designated as a bathing
and swimming area.
The Valley Stream Department of Recreation and Parks created
by authority of this article.
Any ordinance or local law pertaining to parks as recommended
by the Department and duly enacted by the Board of Trustees of the
Village of Valley Stream in accordance with law.
Any path or trail maintained for pedestrians.
Any vehicle propelled by motor power.
Any person, firm, association, copartnership or corporation
owning, operating or having the exclusive use of a vehicle, animal
or other property under a lease or otherwise.
Any person employed to perform in the park duties prescribed
by the Department.
All parks, spurs, open spaces and entrances and approaches
thereto, docks and piers, streams and bridges in, leading to or connecting
such park or parks or parts thereof, and such other rights and appurtenances
as the Department shall be empowered to utilize.
Any written license issued by or under the authority of the
Department permitting the performance of a specified act or acts.
Any natural person, corporation, company, association, joint-stock
association, firm or copartnership.
That area immediately bordering the pool and designated for
access to the water.
Any space established for pedestrians within any drive in
a park.
That general area surrounding the pools, excluding areas
for dressing, eating and so forth.
All the area encompassed in the developed pool facility beyond
the entrance to the pool.
Whenever not used with modifying words or qualifications,
the Incorporated Village of Valley Stream.
In the interpretation of Department ordinances,
their provisions shall be construed as follows:
B.
Interpretation of provisions.
(1)
Any requirement or prohibition of any act shall, respectively,
extend to and include the causing or procuring, directly or indirectly,
of such act.
(2)
No provision hereof shall make unlawful any act necessarily
performed by any officer or employee of the Department in line of
duty or work as such or by any person, his agents or employees in
the proper and necessary execution of the terms of any agreement with
the Department.
(3)
Any act otherwise prohibited by ordinance, provided
that it is not otherwise prohibited by law or local ordinance, shall
be lawful if performed under, by virtue of and strictly within the
provisions of a permit so to do and to the extent authorized thereby.
All Department ordinances shall be effective
within, above and upon all Department park areas and shall regulate
the use thereof by all persons.
No person shall post, paint, affix, distribute,
hand out, deliver, place, cast or leave about any bill, billboard,
placard, ticket, handbill, circular or advertisement; or display any
flag, banner, transparency, target, sign, placard or any other matter
for advertising purposes; or operate any musical instrument or drum
or cause any noise to be made for advertising purposes or for the
purpose of attracting attention to any exhibition, performance, show
or other purpose, except as authorized by the Department.
No person shall solicit alms or contributions
for any purpose.
No person owning or being custodian or having
control of any animal shall cause or permit such animal to enter any
park, and any such animal found at large may be impounded. Any animals
seized as above provided will be delivered to a public pound.
No person shall, without a permit, do any of
the following things: sell or offer for sale, hire or lease or let
out or solicit for sale, hire or lease or let out any object or merchandise
or any other thing or service, whether corporeal or incorporeal.
No person shall, for advertising or publicity
purposes, take moving pictures or photographs within the limits of
any park, or buy or sell or publish the negatives thereof or the prints
therefrom, or exhibit such negatives or prints therefrom, or exhibit
such negatives or prints in public, or use pictures or photographs
of any park, parkway or park structure, except as authorized by the
Department under permit.
No person shall bring into or have in said parks
any explosive or fireworks, including any substance, compound, mixture
or article having properties of such character that, alone or in combination
or contiguity with other substances or compounds, may decompose suddenly
and generate sufficient heat, gas or pressure, or any or all of them,
to produce rapid flame or combustion or administer a destructive blow
to surrounding objects.
A.
No person shall have or carry, whether or not concealed
upon his person, any pistol or revolver or any instrument or weapon
commonly known as a "toy pistol" or in which or upon which loaded
or blank cartridges may be used, or any loaded or blank cartridges
or ammunition therefor, except when so authorized by law. No person
shall bring into any park or have in his possession therein any rifle,
shotgun or fowling piece or any air gun, spring gun or other instrument
or weapon in which the propelling force is a spring or air.
B.
No person except in the performance of official duties
shall discharge a firearm, air gun or other instrument or weapon in
a park or in such a manner that a projectile enters or is likely to
enter a park.
A.
No person shall kindle, build, maintain or use a fire.
No person shall throw away or discard any lighted match, cigar or
cigarette within, on or against any buildings, structure, boat, car,
vehicle or enclosure or under any tree or in underbrush or grass,
unless it is to deposit the same in a suitable container provided
for the reception thereof.
B.
Within the swimming pool facility, smoking shall be
permitted only in designated areas.
No person shall loiter or remain within a park
or any area thereof, in a vehicle or otherwise, after the posted closing
hour or time of day for the closing of such park or park area, without
general or special permission.
Parents, guardians or custodians shall not permit
or allow any minor under their supervision or control to do any act
prohibited by any ordinance. Minors under 10 years of age shall at
all times be under the supervision and control of a parent, guardian
or custodian.
No person shall voluntarily bring, land or cause
to descend or alight, within or upon any park, any airplane, flying
machine, balloon, parachute or other apparatus for aviation. "Voluntarily,"
in this connection, will mean anything other than a forced landing.
No bicycle riding shall be permitted in the
parks.
A.
No person shall bathe, wade or swim in any waters
under the jurisdiction of the Department, except in such places and
at such times and under such conditions as the Department may designate
by signs.
B.
Dressing and undressing. No person shall dress or
undress in any park except in such bathing houses as may be maintained
by the Department.
C.
Tubes and toys. No person shall use tubes, floats,
surfboards, swim fins, Aqua-lungs or skin-diving equipment of any
kind, or any other inflated or buoyant objects or artificial or mechanical
aids or devices for swimming or diving, in any waters under the jurisdiction
of the Department, except as may be permitted by the Department.
No admission may be permitted to the pool facility
except on presentation of official identification. Guests must be
accompanied by an adult member of the family to whom identification
was issued. Identification is not transferable or redeemable.
No person or the members of such person's family
may be eligible for pool membership unless he or they reside within
the Incorporated Village of Valley Stream, and such person must be
either an owner of real property or a rent-paying tenant in residence
and shall have resided in the Incorporated Village of Valley Stream
for at least 30 days prior to the date of the permit. Such permit
will be valid only as long as the holder thereof remains a resident
of the Incorporated Village of Valley Stream. Upon a person ceasing
to be a resident of the Incorporated Village of Valley Stream, any
permit issued to such person shall automatically cease and become
invalid.
The Department reserves the right to limit the
number of people that may be permitted in the pool area at any one
time in accordance with the requirements of public health and safety.
Children under 10 years of age may not be permitted
except when accompanied by an adult member.
No one shall be permitted in the pool area except
in bathing costume. Shoes must be removed before entering the pool
area.
All persons with long hair must wear bathing
caps when in the water.
All bathers must take a soap and warm-water
shower before entering water.
Smoking shall be permitted only in designated
areas within the swimming pool facility.
There shall be no diving except from diving
boards or in designated areas. No more than one person is permitted
on the diving board at one time. Divers must not bounce the board
unnecessarily. Divers using boards must swim to and leave the pool
by ladders.
Diving is at the bather's own risk.
No person shall be permitted to enter the pool
area if, in the opinion of the lifeguard in charge, conditions therein
are unsafe for bathing or swimming. Conditions shall be considered
safe only when lifeguards are on duty. Hours will be posted.
The Department shall not be responsible for
loss or theft of personal property.
No person shall use the pool or facilities who,
in the opinion of the lifeguard in charge, is not capable or qualified
to do so because of age, physical condition or lack of skill in such
use.
A fee of $2 will be charged for replacement
of lost official identification.
The following as noted are strictly prohibited
in the swimming pool facility: Ballplaying of any type; pushing, running,
ducking or boisterous conduct; toys, play equipment, baby carriages,
strollers or carts of any kind; glassware and containers; and chewing
gum. Food, beverages and candy may be handled and eaten only in designated
areas. Suntan lotion and oils may be used in the dressing rooms only.
Any person having skin lesions, inflamed eyes
or mouth, nose or ear discharges or having any type of bandage or
adhesive tape on his body shall not be permitted to use the pool.
Fishing is prohibited except during such times,
in such areas and in such manner as may be plainly designated by signs.
No camp, tent, shelter, lean-to or structure
of any kind, including the conventional beach umbrella, shall be erected
or maintained in the parks except under permit and at such particular
places and for such specified periods as may be designated.
The Department will regulate the use of recreation
facilities so as to prevent congestion and shall distribute patrons
of the parks over the park areas in order to ensure the maximum use
of park areas and in behalf of the comfort of said persons. All patrons
must, at all times, comply with the directions of park officers and
Department directions. For organized picnics or outings, special permits
from the Department shall be obtained prior to arrival at the park.
No person shall throw, cast, catch, kick or
strike any baseball, golf ball, football, basketball, beanbag or other
object, except in places designated therefor.
No person shall erect any structure, stand or
platform; hold any meeting; perform any ceremony; make a speech, address
or harangue; exhibit or distribute any sign, placard, notice, declaration
or appeal of any kind or description; exhibit any dramatic performance
or the performance in whole or in part of any interlude, tragedy,
comedy, opera, ballet, play, farce, minstrels, dancing, entertainment,
motion picture, public fair, circus, juggling, ropewalking or any
other acrobatics or show of any kind or nature; or run or race any
horse or other animal or, being in or on a vehicle, race with another
vehicle or horse, whether such race is founded on any stake, bet or
otherwise, in the parks, except by permit. No parade, drill or maneuver
of any kind shall be conducted, nor shall any procession form for
parade or proceed in the parks without a permit.
No person shall use roller skates, except at
such times and upon such places as may be designated therefor, or
skate, sled, walk or go upon any ice, or snowshoe or ski, except at
such times and upon such places as may be designated therefor and
until such ice is declared, by or under the authority of the Department,
to be in a safe condition therefor; nor will towing of persons on
skis, sleds, skates and so forth be allowed.
Motor vehicles shall be prohibited from any
part of the parks except those designated as parking fields or approaches
or exit routes. Nothing herein shall apply to the wagons, trucks or
apparatus of a Fire Department, insurance patrol or Police Department,
ambulances or emergency repair wagons when responding for emergency
work or Village or Department vehicles on official business.
No person, unless duly licensed by the Department,
shall bring beer, ale or other alcoholic beverages into any parks.
No person shall, in any park, engage in toy
or model aviation, kite flying, model boating or model automobiling
except as may be specifically authorized by the Department.
The Department reserves the right to make such
other rules and regulations in the use of the swimming pool facility
as may be deemed necessary for the protection of public welfare and
safety.
The duly authorized park attendants and members
of the Nassau County Police Department shall have charge and control
over all traffic within the parks, and all persons shall at all times
heed and comply with directions of said park attendants and police
officers and the Department and shall further comply with directions
on traffic signs in the parks. The directions on such traffic signs
may be disregarded only on instructions of a park attendant or police
officer. In parking spaces, all persons shall comply with the directions
of the park attendant, if in attendance.
A.
No complete turn or U-turn shall be made on an entranceway
or exit road. No person shall cause or permit a vehicle to obstruct
traffic on any park road, drive or parking lot, or to stop such vehicle
thereon, except in compliance with traffic direction signs or the
directions of a park officer or in cases of emergency when traffic
conditions make such stopping necessary.
B.
No person shall drive a vehicle at such slow speed
as to impede or block the normal and reasonable movement of traffic,
except when such reduced speed is necessary for safe operation or
in compliance with traffic direction signs or the direction of a park
officer.
C.
No person shall discharge passengers except in parking
fields or at other designated points.
A rate of speed by a motor vehicle in excess
of 20 miles an hour is prohibited within the parks.
The Department may from time to time designate
safety zones and adopt such additional rules and regulations with
respect to traffic as local conditions may require.
All roads and parking fields within the parks
shall be, in addition to the provisions of this article, subject to
the provisions of the Vehicle and Traffic Law of the State of New
York.
No person shall injure, deface, displace, remove,
fill in, raise, destroy or tamper with any drive, path, walk, bridge
or approach thereto; take up, remove or carry away any asphalt, flagstone,
rock, stone, gravel, sand, clay or earth; make any excavation of any
kind, name or nature; harvest, cut, injure or remove any ice; injure,
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, covering, manhole or vent forming
a part thereof, or any appurtenance or appendage connected therewith,
or any other property or equipment, real or personal, owned by or
under the jurisdiction or control of said Department or appertaining
to the creation, government, use or maintenance of any park; injure,
deface, displace, remove or destroy any sign, notice, inscription,
post or monument erected or marked for any purpose, or any danger
sign or signal, guide sign or post or any signaling device sanctioned,
installed or placed by said Department or by the Village of Valley
Stream within the parks for the purpose of directing, restricting
or regulating traffic, establishing zones or giving information or
directions to the public; interfere with any lamp, lamppost or gas
or electric light apparatus, or extinguish the light therein, except
upon proper authority; or without permit, attach, string, adjust or
carry any wire or other object in, on or over any part of any park.
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 or plant growth or
any branch, stem, fruit 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, or suffer any fire upon other land to extend into park
lands; or hitch any horse or other animal to or leave the same standing
near enough to injure any lawn or grass plot; or go upon the same,
except at such times when permission to do so shall have been given
by the Department to the public.
No person, except under a lawful permit from
the Department, shall molest, kill, wound, trap, hunt, take, chase,
shoot or throw missiles at, remove or have in his possession any animal,
reptile, bird or bird's nest, or remove the young of any such animal
or the eggs or young of any such reptile or bird, or knowingly buy,
receive, have in his possession, sell or give away any such animal,
reptile, bird or egg so killed or taken.
Any person picking up or taking possession of
lost or mislaid money or personal property or money or property of
which such person is not the owner shall deliver the same immediately
to the office of the Department.
No person shall, within the parks, throw, cast,
lay, drop or discharge into or leave in the waters in any park or
in any storm sewer or drain flowing into said waters any substance,
matter or thing, liquid or solid, which may or shall result in the
pollution of said 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 or her charge
to take into, carry through, leave in or throw, cast, lay, drop or
discharge into or on any park, any ashes, dross, cinders, shells,
paper, dirt, sand, oil, grease, clay, loam, stone or building rubbish,
hay, straw, oats, sawdust, shavings or manufacturing, trade or household
waste, 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.
No person shall discharge, directly or indirectly,
into any opening or into any gutter leading into any sewer, receiving
basin or drain in or leading into any park any gas or vapor or any
substance which may form a deposit tending to choke the same or any
volatile liquid which will emit a flammable vapor at a temperature
below 160º F. or any steam or hot water above 100º F.
No person shall throw, cast, lay or deposit
any glass bottle or piece of crockery nor any glass or glassware or
any part thereof or metallic substance or chewing gum in the swimming
pool facility.
No person shall make, use or gain admittance
to, or attempt to use or gain admittance to, the facilities in a park,
for the use of which a charge is made by the Department, unless he
shall pay the charge or price fixed by the Department.
[Amended 11-19-2018 by L.L. No. 27-2018]
Any person, firm, company, association, corporation
or business of any kind who violates any provisions of this article
governing or regulating motor vehicle traffic shall be subject to
a fine not to exceed $150 and/or 15 days in jail for each violation
thereof.
[Amended 11-19-2018 by L.L. No. 27-2018]
Any person, firm, company, association, corporation
or business of any kind who disobeys a lawful order of a duly authorized
park attendant or who disobeys a lawful order of a police officer
of the Nassau County Police Department or the directions of any park
sign; uses threatening, abusive or insulting language; does any obscene
or indecent act; throws stones or other missiles; annoys persons;
interferes with, encumbers, obstructs or renders dangerous any drive,
path, walk, dock, pool, lake or public place; does any act amounting
to a breach of the peace, climbs upon any wall, fence, seat, statue
or other structure; enters or leaves any park area except at established
entranceways or exits; carries or fires any firecrackers, torpedoes
or fireworks; engages in, instigates, aids or encourages a fight;
assaults any person; plays games of chance; participates in the conduct
of a lottery; uses, operates, maintains or has in his possession any
slot machine, gaming table or instrument or device commonly used or
intended to be used for gambling purposes; sells fortunes or futures;
spits upon any walk, crossing, safety zone, structure, floor, platform,
stairway, parking field, bathing area or the grounds and pools within
the swimming pool facility; throws, casts or deposits any portion
of any fruit, vegetable, foodstuff, paper, litter or other substance
in any portion of the park other than in a receptacle provided for
that purpose; or violates any of the provisions of this article shall
be subject to a fine not to exceed $1,000 and/or 15 days in jail for
each violation thereof, and in addition thereto, each such violation
shall constitute disorderly conduct, and such person shall be a disorderly
person.
In addition to any of the other penalties provided
herein for the violation of this article, the Department reserves
the right to suspend or revoke any permit granted to any person who
violates any of the provisions of this article.
If any article, section, sentence or clause,
in whole or in part, shall be adjudged null and of no effect by a
court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
This article shall take effect immediately.
