[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 12-6-1977 (Part II, Ch. 11.5, of the 1964 Code). Amendments noted
where applicable.]
The following chapter is adopted pursuant to
the authority vested in this Board by the laws of the State of New
York to preserve and protect the health, safety and welfare of the
residents of the Town of Poughkeepsie and to protect and preserve
the quality of the parks and recreational areas of the Town of Poughkeepsie.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town of Poughkeepsie Town Board.
Includes the term "park," as that term is ordinarily defined,
and unless specifically limited shall be deemed to include all parks,
parkways, spurs, open spaces, roads and boulevards, and also entrances
and approaches thereto, docks and piers, and bridges in or leading
to or connecting any park or parks or parts thereof and such other
properties utilized by the Town of Poughkeepsie Recreation Department,
whether the same are now or hereafter owned or acquired by the Town
of Poughkeepsie in fee or otherwise.
Includes areas in Town of Poughkeepsie parks developed and
maintained specifically for the purpose of athletic competition.
[Added 2-21-2018 by L.L.
No. 2-2018]
Any person designated by the Town of Poughkeepsie Town Board
or its agents as Town of Poughkeepsie employees.
A.
Construction. In the interpretation of this chapter,
its provisions shall be construed as follows:
(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 Town in the line of duty
or by any person in the execution of the terms of any agreement with
the Town.
B.
This chapter shall be effective within and upon all
Town parks and recreation areas.
[Amended 3-27-1991; 9-15-1993; 3-27-1996 by L.L. No. 4-1996; 9-24-1997 by L.L. No. 30-1997; 9-22-1999 by L.L. No. 20-1999; 5-17-2000 by L.L. No. 7-2000; 8-21-2002 by L.L. No.
11-2002]
A.
A park use permit is required for any group of 20
or more, and the applicant must show proof of liability insurance
acceptable to the Recreation Director or his designee. A permit issued
under this section shall entitle the holder thereof to the exclusive
use of the area covered by the permit, subject to the terms and conditions
of use set forth on the permit.
[Amended 5-20-2009 by L.L. No. 20-2009]
B.
Groups, organizations, and individuals using the parks
and/or facilities will comply with the laws of the State of New York
and Town of Poughkeepsie, and with this chapter.
C.
All activities shall be properly controlled and supervised.
Whenever persons participating in the planned activity are under 18
years of age, adequate adult chaperones must be provided. Any group
using a facility on multiple occasions must provide the Town with
a schedule, showing specific times and dates of usage.
D.
No loud or excessive noises will take place that will
disturb other users of the park or park neighbors.
E.
The Director of Parks and Recreation, other authorized
personnel or the Town of Poughkeepsie Police may revoke any permit
previously granted, at any time, if it is determined that the application
for permit contained any misrepresentation or false statement, or
that any condition set forth in policies governing the permit requested
is not being complied with, or that the safety of the participants
in the activities of the applicant or persons or visitors to the parks
is endangered by the continuation of such activity.
F.
No person shall throw or discard in a park any litter
or any object or matter not naturally found in the boundaries of the
park and the permit holder agrees to deposit all trash and litter
(resulting from the event) in trash receptacles.
G.
The applicant agrees to assume liability for any damage
done to any district property.
H.
The Town of Poughkeepsie will not be liable for injury
or damages resulting from or arising out of the use of the Town's
facility or premises and the permit holder agrees to indemnify the
Town and hold it harmless against any and all such claims, damages,
losses and expenses. If requested by the Town, the permit holder shall
carry insurance against such claims and furnish the Town with a certificate
of insurance evidencing same.
I.
No person shall carry firearms or knives of any description
or other dangerous instrument within a park.
J.
No person shall bring into or have in a park any explosive
or explosive substance.
K.
No person shall kindle, build, maintain or use a fire
other than in a grill in a designated area. Any fire shall be continuously
under the care and direction of a competent person over 16 years of
age from the time it is kindled until it is extinguished. No person
shall throw away or discard any lighted match, cigar, cigarette or
other burning object in a park except after extinguishing the same
and then only in a receptacle provided therefor by the Town of Poughkeepsie.
L.
No person shall solicit alms or contributions for
any purposes unless authorized by special permit by the Town Board;
provided, however, that concession stands operated by not-for-profit
organizations in connection with various sporting activities sponsored
by said not-for-profit corporations and conducted at designated recreation
areas shall be permitted pursuant to the terms and conditions of permits
issued by the Town of Poughkeepsie Recreation Department.
M.
No person shall be within a Town park between sunset
and sunrise, with the exception of groups specifically issued a park
use permit by the Town of Poughkeepsie Recreation Department.
[Amended 5-19-2010 by L.L. No. 13-2010]
N.
No person shall consume any alcoholic beverages in
a park or have in his or her possession an open container of an alcoholic
beverage unless authorized by special permit by the Town Board.
O.
No motor vehicle of any type or description, including,
but not limited to minibikes, trail bikes and snowmobiles, shall be
permitted in a park except on designated roads and then only for the
purpose of parking in a designated parking area or departing from
the same.
P.
No person shall remove any equipment or park apparatus
from the boundaries of any park or from its original location within
the park.
Q.
No person, for the duration of any athletic event
sponsored by the Recreation Department of the Town of Poughkeepsie,
shall remain in the vicinity of the event except in designated areas.
R.
No person shall injure, deface, disturb or befoul
any part of the park or any building, sign, equipment or other property
found therein; nor shall any tree, flower, fern, shrub, rock or other
plant or mineral be removed, injured or destroyed; nor shall any person
view, approach or enter into or upon any waterfall, gorge, cliff or
other natural or scenic feature by any means other than established
trails, roads, overlooks and entries provided for such public use,
view or entry.
S.
No person shall cause or permit any animal owned by him or her or
in his or her custody or under his or her control onto park athletic
fields. In other park areas, a dog restrained by a leash not exceeding
six feet in length is allowed. Feces left by a dog under the custody
and control of the owner or his or her designee shall be picked up
immediately and disposed of in a proper receptacle. This subsection
may be enforced by the Town Animal Control Officer.
[Amended 2-21-2018 by L.L. No. 2-2018]
T.
No person shall engage in any activity in any park except in an area
designated for the same by the Recreation Department of the Town of
Poughkeepsie. Wholly prohibited activities include, but are not limited
to, golfing, hunting and trapping in any portion of any park; bike
riding, dog walking, rollerblading and skateboarding on tennis courts
or park athletic fields.
[Amended 2-21-2018 by L.L. No. 2-2018]
[Amended 3-27-1996 by L.L. No. 4-1996; 6-3-2009 by L.L. No.
22-2009]
A.
For each
and every violation of the provisions of this chapter, the person
violating the same shall be deemed guilty of a violation and shall
be punishable by a fine of not more than $1,000 or by imprisonment
for not more than 15 days, or to both such fine and imprisonment,
for each separate violation.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
The provisions of this chapter shall be enforced
by the Town Police.
