Town of Lewisboro, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewisboro 7-9-2012 by L.L. No. 8-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Signs — See Ch. 185.
Smoking — See Ch. 187.

§ 167-1 Use of parks and recreational facilities.

[Amended 7-13-2015 by L.L. No. 5-2015]
Public recreational facilities (parks, playgrounds, pool, tennis courts and other designated Town-owned areas) are provided for the sole use and enjoyment of taxpayers of the Town of Lewisboro who pay more than 50% of their municipal taxes to the Town of Lewisboro, and members of the households and tenants of such taxpayers of the Town of Lewisboro, providing valid proof acceptable to the Parks and Recreation Department of lease through the permitted term, permit holders, and their duly sponsored guests, and residents. The use by others is expressly prohibited.

§ 167-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COOPERATING AGENCIES
Sports and civic organizations recognized by the Town of Lewisboro which serve the Town of Lewisboro as a sports and/or civic organization. The cooperating agencies are as defined by the Lewisboro Parks and Recreation Department.
ORGANIZED GROUP/ENTITY
A team, party (family or company), scouts, civic organizations, religious organizations, Katonah-Lewisboro School District students during the academic year, owners and/or employees of business located in the Town of Lewisboro.
PUBLIC RECREATIONAL FACILITIES
Includes all Town parks, and Town public recreational buildings, land, facilities, improvements and all entities located at each parcel.
RESIDENT
An individual who is residing within the Town of Lewisboro at the time of the issuance of a permit pursuant to the terms of this chapter, and who continues to reside within the Town of Lewisboro for the duration of the permit. Proof of residency shall be in a form that is deemed satisfactory by the Parks and Recreation Department.
TAXPAYER
One who remits property tax to the Town of Lewisboro.
TAXPAYING HOUSEHOLD
The residents and immediate nuclear family of a taxpayer, same being a spouse, domestic partner, parent, and/or children and/or grandchildren, domiciled with a taxpayer.

§ 167-3 Uses requiring permit.

The issuance of a permit is at the discretion of the Superintendent of Parks and Recreation ("Superintendent") and/or his/her designee and/or the Town Board and must follow all guidelines set forth below:
A. 
The following uses of a public recreational facility or any area in a public recreational facility are expressly prohibited unless a use permit has been obtained from the Superintendent or authorized agent:
(1) 
Use by an organized athletic group with the exception of cooperating agencies for which a permit will not be required;
(2) 
Paid instructional lessons for Town residents;
(3) 
Merchandising or vending any goods, foods, refreshments or merchandising, or stationing or placing any stand, cart or vehicle for transportation, sale or display of any such articles;
(4) 
Camping;
(5) 
Use of a public recreational facility, field or a pavilion by any group of 10 or more persons including but not limited to the organized groups as defined in the beginning of the chapter; provided, however, that with respect to groups wishing to hike on trails designated for that purpose and located in open space areas, permits shall only be required for groups of 25 or more persons (use of a public recreational facility, field or pavilion by anyone without a permit must yield the facility, upon request, to a permit holder).
B. 
The issuance of a permit is at the discretion of the Superintendent of Parks and Recreation and/or his/her designee and/or the Town Board and must follow all guidelines set forth. The Superintendent or authorized agent shall have the authority to determine the category or categories of use under which an event or activity falls.

§ 167-4 Application for permit.

A. 
A person or entity seeking issuance of a permit hereunder shall complete and file an application provided by the Parks and Recreation Department during normal business hours with the Superintendent or authorized agent accompanied by a fee determined by and payable to the Town of Lewisboro, in accordance with the rules and regulations of the Parks and Recreation Department. The application shall state:
(1) 
The name and address of the applicant;
(2) 
The day or days and hours for which the permit is desired including the entirety of set up and disassembly time;
(3) 
The public recreation facility or portion thereof for which said permit is desired;
(4) 
The activity for which said permit is desired;
(5) 
An estimate of anticipated attendance; and
(6) 
The general age of the participants.
B. 
A certificate of insurance to be supplied by the applicant is required to be filed with the Town Clerk before the event takes place. The certificate of insurance shall name the Town of Lewisboro and its agents and employees as additional named insureds on a primary and noncontributory basis on a general liability policy in an amount no less than $1,000,000 per occurrence.
C. 
A hold harmless agreement, in the form provided by the Parks and Recreation Department and signed by the applicant, in which the applicant agrees to defend and indemnify the Town of Lewisboro and its agents and employees as indemnities.
D. 
Any other information which may be requested as reasonably necessary to provide a fair determination as to whether a permit should be issued.
E. 
A person or entity seeking issuance of a permit hereunder shall submit an application to the Superintendent or authorized agent (except as otherwise required below) within the following time allowances:
(1) 
Organized athletic groups or any other persons or entities seeking a permit to use a public recreational facility on a regular scheduled basis shall obtain and submit an application for a permit at least 30 days before such permit is desired. The date for submission of such application may be changed by rules and regulations of the Parks and Recreation Department;
(2) 
Applicants seeking a permit for the uses set forth in § 167-3A of this policy for groups of fewer than 10 persons shall submit an application on or before the date of the event;
(3) 
Applicants seeking a permit for uses set forth in § 167-3A of this policy for more than 10 persons shall submit an application in accordance with the rules in Subsection E(4)(d) below and/or as established by the Lewisboro Town Board; and
(4) 
Groups seeking a permit for groups of more than 10 persons, or for uses that are not covered by § 167-3A(1) through (4), are subject to the following rules based on the size of the group:
(a) 
Groups of 10 to 25 shall submit an application at least five business days prior to the event. Such permit shall be issued only upon the express direction of the Superintendent and in accordance with such provisions as determined by the Superintendent and/or the Lewisboro Town Board.
(b) 
Groups of 26 to 250 shall submit an application at least 30 days prior to the event. Such permit shall be issued only upon the express direction of the Superintendent and in accordance with such provisions as determined by the Superintendent and/or the Lewisboro Town Board.
(c) 
Groups of 251 or more shall submit an application directly to the Superintendent at least 60 days prior to the event. Such permit shall be issued only upon the express direction of the Superintendent and in accordance with such provisions as determined by the Superintendent and/or the Lewisboro Town Board.
F. 
The Parks and Recreation Department reserves the right to deny a permit for any requested use of a public recreational facility for reasons including, but not limited to, conflicts with general usage, events, or cooperating agencies.
G. 
The issuance of a permit under this policy does not remove the obligation of an applicant to obtain any other permits as may be required by the Town of Lewisboro and/or its departments and Board.
H. 
Permits are not transferable except with the express written consent of the Town of Lewisboro and/or its designated official.

§ 167-5 Violations.

Any person violating any provision of this chapter shall be fined in an amount determined by the Town Board for each offense, which may include, but it is not limited to, revocation of recreation permits, licenses, passes, etc., and suspension from the Parks and Recreation Department sponsored programs for a limited period of time. Each violation of any other section of this chapter shall be considered a separate offense and shall not merge with a violation of any other section of this chapter. Each violation continuing more than one day shall constitute a separate offense for each day said violation continues.

§ 167-6 Decorum.

A. 
All persons using, sponsored for use at, and/or otherwise attending at Town recreation facilities will comport himself/herself and his/her party with posted rules, regulations, and authorized direction of the Parks and Recreation Department employees having the management of said recreation facility. No person using, or sponsored for use at Town recreation facilities, may interrupt the use and/or quiet enjoyment and/or license to utilize said facility in the manner intended of said facility of another party licensed and/or properly authorized to use said facility.
B. 
Any persons, entities, parties disturbing the appropriate use, interfering with the permitted or licensed use of another party, group or event, may be ejected from the Town recreation facility.
C. 
Any persons, entities, parties failing to follow posted rules, regulations or authorized direction of the Parks and Recreation Department employees having management of said facility may be ejected from the Town recreation facility.

§ 167-7 Prohibited acts.

A. 
Alcohol use is strictly controlled in the Town recreation facilities and can only be utilized iaaan accordance with issued permits. At no time is alcohol permitted for use in playgrounds or on Town property within 75 feet of youth sporting events. A youth sporting event is defined as a competition in which any person under the age of 21 years is engaged.
B. 
Smoking is prohibited as stated in Chapter 187 of the Lewisboro Town Code.
C. 
Signs, placards and notices are controlled in accordance with Chapter 185 of the Lewisboro Town Code.
D. 
Town recreation facilities may be used only during posted hours. Where not otherwise posted, the hours for Fox Valley, Onatru, Vista and the Town Park shall be dawn until 11:00 p.m. unless the Parks and Recreation Department issues a permit for use during other or further hours.