[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-12-1994 by L.L. No. 1-1994[1]]
[1]
Editor's Note: This local law also superseded
former Ch. 105, Parks and Recreation, adopted 7-10-1979 by L.L. No.
3-1979, as amended.
This article may be cited and known as the "Park
Ordinance of the Village of Waverly."
The following are hereby designated as Village
of Waverly Parks: the Waverly Glen located at northeast of West Pine
and Moore Streets; the East Waverly Park located on the south side
of Ithaca Street; the Spaulding Park (otherwise known as the "Muldoon
Park") located between Park Avenue and Pennsylvania Avenue; the Pershing
Park located at the intersection of Ithaca and Chemung Streets; Shepard
Park located northwest of Pine Street and Tracy Road; Elmer Beers
Memorial Park located west of 358 Broad Street; Palmer Park located
at the southwest corner of Pennsylvania Avenue and Chemung Street;
and Village Square located at the northwest corner of Broad and Waverly
Streets.
The purpose of this article is to promote the
health, safety, morals and general welfare of the inhabitants of the
Village of Waverly by providing regulations designed to preserve the
peace, good order and safety of the users of the Village parks.
A.
No person or organization shall post or distribute
advertising matter or sell or offer for sale merchandise, tickets,
service or any other thing of value, or solicit within any park area
in connection with things to be sold or provided outside the park,
except through a permit issued by the Village Clerk.
B.
The selling of refreshments, such as pop, candy and
ice cream, shall be allowed only by duly authorized concessionaires
at the Village parks under the rules and regulations governing the
license of the concession.
A.
No person shall keep or permit any animal, except
household pets on a leash or in cages, to enter the Village parks.
Any animal found at large may be seized or disposed of by employees
of the Village, Tioga County or New York State.
A.
No person shall disobey an order of a Village patrolman,
superintendent, caretaker, state trooper, local policeman or constable
when such officials are engaged in enforcing state or local laws or
the rules and regulations of the Village or by using threatening,
abusive or insulting language to such officials.
B.
No person shall:
(1)
Injure, steal or molest park property, including road
and trail barricades, flowers, plants, shrubs and trees.
(2)
Do any obscene act or throw stones or missles.
(3)
Obstruct roads or walks.
(4)
Set off fireworks of any nature.
(5)
Engage in brawls or fights.
(6)
Annoy or assault other persons.
(7)
Be under the influence of intoxicants.
(8)
Throw or deposit bottles, glass, cans, garbage, refuse
or litter in any place, except the receptacles provided for that purpose.
(9)
Move or change the location of any benches or other
park property without the prior authorization of the Park Superintendent.
C.
No person, except by permission from the Park Superintendent,
shall enter or remain within the Village park after the hour officially
designated for the closing of such park for the night.
D.
No person shall refuse to obey any reasonable instructions
or orders given by an official employee of the Village, county or
state, and such instructions or orders are for the purpose of protecting
the health and safety of park visitors or the person himself.
E.
Alcoholic beverages.
(1)
No beer, wine, whiskey or other intoxicating liquor
or other alcoholic beverages may be brought into, possessed or consumed
in the Village parks without a permit from the Park Superintendent.
No permit will be issued to persons under 21 years of age.
(2)
No person under 21 years of age shall possess or consume
alcoholic beverages within the Village park, and any alcoholic beverages
found to be in the possession of anyone under 21 years will be confiscated.
(3)
Transport of alcoholic beverages is permitted only
in unopened containers, and consumption of such beverages is restricted
to picnic areas or other areas designated by the Park Superintendent.
Bathing is prohibited. Sunbathing without proper
dressing in public view is prohibited.
A.
No person shall erect any structure, stand or platform;
hold any meeting; perform any ceremony; make a speech, address or
harangue; exhibit, display 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, minstrelsy, dancing,
entertainment, motion picture, public fair, circus, juggling, rope
walking or any other acrobatics or show of any kind or nature; or
run or race any horse or any other animal, or being in or on a vehicle
or horse, whether such a race is founded on any stake, bet or otherwise,
in the Village parks, except by written permit issued by the Park
Superintendent of the Village of Waverly as authorized by the Village
Board.
B.
No parade, drill or maneuver of any kind shall be
conducted, nor shall any procession form for a parade or proceed in
the Village parks without a written permit issued by the Park Superintendent
of the Village of Waverly.
C.
Games of various kinds shall be played only at places
provided for such games.
A.
The rate of speed for any motor vehicle being operated
within the Village parks shall not exceed 10 miles per hour.
B.
No vehicles shall be parked in any place except duly
designated parking areas nor in excess of the posted sign limits.
Parking must also be in accordance with the instructions of the park
officials in charge of parking areas.
C.
No vehicle shall, at any time, stop or park on any
roadway or on any grassed area adjacent to the roadway unless the
adjacent grassed area is a duly designated parking area.
D.
No person shall drive or propel vehicles on lawns
or other park property off the established roads and parking areas,
except as directed by park officials.
E.
Every driver of a vehicle operated on a park road
within the Village park or any parking area shall comply with instructions
conveyed by any stop, slow, speed, caution, movement, alignment, exclusion,
restriction, parking or other regulation sign, signal or marking established
or maintained by the Village Board within the Village parks.
A.
The opening of the Village parks shall be in the spring
of each and every year, and a specific date and time shall be designated
by order of the Village Board of the Village of Waverly.
B.
The hours of operation for all Village parks other
than the Village Square shall be dawn to dusk daily, and the access
gate shall be opened and closed in accordance with such hours. The
hours of operation for the Village Square Park shall be dawn until
10:00 p.m.
C.
The hours of operation may be altered at any time
by the Superintendent of Parks or his representative when deemed necessary
to accommodate special events and/or any public safety hazard that
may exist.
D.
Any person(s) that remains in any Village park after the designated closing hour or who shall enter before or after the designated opening or closing hours shall be in violation of § 105-6C of this article.
E.
While the Village parks shall be officially closed
during winter of each year, hikers and skiers shall be permitted reasonable
use of the parks, provided that such use is in conformance with the
remainder of the rules and regulations of this article.
The Superintendent of Parks, any Parks Department
employee or any officer of the Waverly Police Department shall have
the right to remove any person whose behavior is not consistent with
this article.
[Amended 9-23-2008 by L.L. No. 1-2008]
A.
Penalties.
(1)
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article, a subsequent conviction will be subject
to a first offense fine.
B.
The violation of any provision of this article governing
or regulating traffic within the Village parks, as authorized by the
Vehicle and Traffic Law, shall be a traffic infraction and shall be
punishable in accordance with the Vehicle and Traffic Law.
Any reference in this article to "Park Superintendent"
shall be deemed to be a reference to the Recreation and Parks Director
of the Village of Waverly.
[Adopted 3-8-2016 by L.L.
No. 2-2016]
There is hereby established a Parks and Recreation Commission
for the Village of Waverly.
The Recreation Commission of the Village of Waverly as presently
constituted is hereby abolished.
As used herein, the following terms shall have the meanings
indicated:
Refers to leisure and athletic activities voluntarily engaged
in by participants in activities sponsored by the Village of Waverly
which are offered under the auspices of the Parks and Recreation Department.
A.
Appointment. The Parks and Recreation Department shall be administered
by a Director of Parks and Recreation, who shall be appointed by and
be responsible to the Village Mayor. The Village Mayor shall make
such appointment after consultation with the Parks and Recreation
Commission, and such appointment shall be approved by the Village
Board. He or she shall be appointed in the manner provided by the
Civil Service Law of the State of New York from a list of eligible
candidates determined by a competitive test, unless the position is
determined to be exempt from the Civil Service Law.
B.
Duties. The Director of Parks and Recreation shall be the administrative
head of the Department of Parks and Recreation. He or she shall perform
the duties required of him or her in accordance with policies established
by the Parks and Recreation Commission and under the administrated
supervision of the Village Mayor, and he shall be subject to all the
laws, controls, procedures, rules, and regulations applicable to other
Village departments. The Director of Parks and Recreation shall attend
all regular and special meetings of the Commission and may participate
fully in all discussions. He or she shall have no vote on said Commission.
The Director shall, upon consultation with and the approval of the
Village Mayor and Board of Trustees, and within budgetary limitation,
employ all other persons as he or she shall deem necessary and proper
to carry out the policies established by the Parks and Recreation
Commission.
The Department shall operate and maintain all of the Parks and
Recreation services and facilities assigned to it from time to time
by the Village Board of Trustees. Said operation and maintenance shall
be governed by the policies established by the Parks and Recreation
Commission. The Village Mayor, subject to the approval of the Board
of Trustees, may transfer related administrative functions to the
Parks and Recreation Department, or from the Parks and Recreation
Department to other Village departments or offices, when, in his or
her judgment, such transfer is necessary and proper.
A.
Appointment and organization. The Parks and Recreation Commission
shall consist of five members. Such members shall be appointed by
the Village Mayor with the advice and consent of the Board of Trustees.
B.
Term of office. The members of this Commission shall serve for a
term of five years, each term to expire at the end of the Village's
official year, except that of the first members appointed to the Commission,
who shall serve as follows: three shall serve a term of three years
each on the new Parks and Recreation Commission; two additional members
shall be chosen and shall serve a term of two years each. Two members
will be residents of the Village of Waverly, one member will be a
resident of the Town of Barton, one member will be a resident of the
Town of Chemung, and one member will be jointly designated by the
Village Mayor and the Board of Education who is employed by the school
district in an administrative position. Thereafter, their successors
shall be appointed for the term of five years after the expiration
of the terms of their predecessors in office.
C.
Compensation. The members of the Parks and Recreation Commission
shall serve without compensation but shall be entitled to reimbursement
for any expenditures authorized in the performance of their duties.
D.
Officers. The members of the Commission shall annually elect, from
its own members, a Chairman, Vice Chairman, and Secretary.
E.
Vacancies. Any vacancy on the Commission shall be filled for the
unexpired term in the same manner in which the original appointment
was made.
F.
Powers, duties, and responsibilities.
(1)
The Commission shall be responsible for the making of policies which
govern the regulation and use of all Village parks, recreation programs,
and related facilities.
(2)
The Commission shall ascertain and evaluate the recreation needs
of all Village residents, and recommend to the Director of Parks and
Recreation, from time to time, the establishment, operation, and expansion
or retrenchment of parks and recreation services with respect to these
needs.
(3)
The Commission shall develop and recommend to the Village Mayor and
Board of Trustees future plans for park and recreation programs and
facilities, capital projects, and improvements.
(4)
The Commission shall make recommendations with respect to the Village
budget for operations and capital improvement projects submitted to
it by the Director and approve the budget prior to his or her submission
of such budget to the Village Mayor and Board of Trustees.
(5)
The Commission shall recommend long-range plans to the Village Mayor
and Board of Trustees, and also recommend operating policies and regulations
for the Department, for the protection, conservation, and enhancement
of the Village park lands.
(6)
The Commission shall advise on matters having to do with the regulation
and use of the parks and recreation facilities and submit to the Mayor
and Board of Trustees, for its consideration, resolutions or local
laws regulating the use of such facilities and fixing the fees and
charges to be paid for the use of any such facilities.
(7)
The Commission may appoint such committees from time to time as it
may deem necessary.
G.
Meetings. The Commission shall regularly meet once each month at
a time and place set by said Commission for its regular meeting, and
such meeting shall be open to the public. A quorum shall consist of
three members. The Chairman or any two members of the Commission may
call a special meeting of said Commission for such purposes as are
designated in said call. Notice of said meeting shall be given, in
writing, to all members, the Director of Parks and Recreation, and
the Village Clerk 72 hours in advance of said special meeting, if
practical. The Village Clerk shall be responsible for making public
notice of all regular and special meetings of the Parks and Recreation
Commission.
