[HISTORY: Adopted by the Town Board of the Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 72 of the 1974 Code. Amendments noted where applicable.]
[Amended 11-3-1976 by L.L. No. 10-1976; 3-16-2010 by L.L. No. 1-2010]
The use of pools, parks, lakes and immediate adjacent areas under the control of the Clarkstown Parks Board and Recreation Commission shall be deemed a privilege and shall be opened solely and exclusively to the residents of the Town of Clarkstown and their guests. Residents of the Town of Clarkstown shall be required to exhibit identification as may be required by the Superintendent of Recreation and Parks and/or the Clarkstown Parks Board and Recreation Commission, and no nonresident guests may enter the facilities or areas of the Clarkstown Parks Board and Recreation Commission unless accompanied by an adult resident of the Town of Clarkstown bearing proper identification.
The use of the property known as the "Charles B. Davenport Preserve" is not restricted solely to residents of the Town of Clarkstown.
No person shall injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park or any facility, building, sign, structure, equipment, utility or other property found therein. No person shall dig for, remove, injure or destroy any tree, flower, shrub, plant or growing thing, or any rock, mineral, artifact or other material within the boundaries of any park. No person shall kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wild bird or animal within the boundaries of any park.
[Amended 3-16-2010 by L.L. No. 1-2010]
No person shall deposit or abandon in any park, park driveway or parking lot, or in the waters in any such park or adjacent to any such park, any garbage, sewage, refuse, trash, waste or other obnoxious material, except in receptacles provided for such purposes.
No person shall kindle, build, maintain or in any way use a fire except in fireplaces provided, or in self-supporting barbecue grills or stoves in places designated as picnic areas, or by special permit. Any fire shall be continuously under the care and direction of a competent person over 18 years of age, from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building or beneath the branches of any tree or in any underbrush.
No person shall have in his possession within the boundaries of any park any alcoholic beverages.
[Amended 5-23-1995 by L.L. No. 7-1995]
No dogs or other pets shall be permitted in any area of any park except animals used by disabled individuals to assist that individual in performing one or more major life activity. "Major life activities" are defined as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, fireworks, explosives, knife, bludgeon or other dangerous weapons within the boundaries of any park, provided that this rule shall not apply to any law enforcement officer who has been duly appointed by the government of the United States, the State of New York or the Town of Clarkstown.
[Amended 3-16-2010 by L.L. No. 1-2010]
No person shall loiter or remain in any park except from dawn to one hour after sunset on each and every day without special permission from the Superintendent of Recreation and Parks.
Swimming, bathing and wading are permitted only in those areas and buildings designated for that purpose by the Superintendent of Recreation and Parks and/or the Parks Board and Recreation Commission.
No swimmer or bather shall enter the water or any adjacent bathing area unless clothed in a suitable bathing dress or suit.
No person shall swim, dive or enter the water of any swimming pool or bathing beach while wearing or carrying air or gas tanks for the purpose of underwater breathing in the activity commonly known as "skin or scuba diving."
Picnicking is permitted only in designated areas.
Camping shall not be permitted in any area without first obtaining a permit to use recreation facilities and areas from the Superintendent of Recreation and Parks.
Boating shall be permitted only in designated areas. No person shall land a boat of any kind on any park shore, except at designated landing places or in case of emergency. Boating in any bathing area is forbidden. No person shall operate any kind of boat upon any waters under the jurisdiction of the Clarkstown Parks Board and Recreation Commission unless he is able to control his boat so that his passengers and the life, limb, property and reasonable comfort of others are not endangered or disturbed.
The maximum speed limit for all vehicles shall be 25 miles an hour, except where otherwise posted. Motor vehicles will be driven only on designated park roads and parked only in designated parking spaces.
Driving instruction of persons operating motor vehicles, motorcycles or minibikes, either under a New York State learner's permit or otherwise, shall be prohibited in all parks.
No person shall operate or have in his possession within the boundaries of any park any off-the-road motor-driven vehicle, including, by way of example but not by way of limitation, any minibike, motorcycle, dunemobile, snowmobile, converted snowmobile, all-terrain vehicle, amphibious vehicle or similar motorized device.
No person shall, by way of example but not by way of limitation, fish, engage in athletic sports, games or contests, fly kites, ride a horse, operate toy planes, whether radio-controlled or hand-operated, roller skate, ride a bicycle, ice skate or sled within the area or boundaries of any park, except in areas specifically designated for each such activity.
No field day, carnival, concert, address, rally, dramatic presentation or the like at which more than 25 persons are in attendance, hereafter called "large group events," shall be held or conducted in any park owned by the Town of Clarkstown unless a permit for such event has first been granted by the Superintendent of Recreation and Parks and/or the Parks Board and Recreation Commission. Permits for large group events will be granted on the following conditions:
Written application for a large group event permit must be made through and filed with the office of the Superintendent of Recreation and Parks and/or the Parks Board and Recreation Commission at least two weeks in advance of the event, indicating its time of duration and the approximate number of persons expected to be in attendance.
Permits for large group events will be granted as conditions of park usage and availability of park facilities warrant.
Every large group event permit will designate the time and park area at which the planned event is to be held and will state the approximate number of participants in the event, together with other conditions, if any, upon which the permit is granted. Considerations relating to the size of the expected group and the chances of unduly disturbing other park occupants will determine whether sound amplification equipment may be used in connection with the event and the maximum volume levels at which any such equipment may be operated.
Each applicant for a large group event permit agrees that the applicant and all persons involved in the presentation of the event will observe the terms and conditions of the permit, when issued, and will comply with requests of park officials concerning traffic, arrangements, alcoholic beverages, noise, crowd control measures and the use of park facilities.
Any application for a permit to use the recreation facilities and areas required herein shall be made, in writing, at the office of the Superintendent of Recreation and Parks and/or the Parks Board and Recreation Commission, with a proper fee, if required, at least two weeks before the proposed use. The granting of a permit to use recreation facilities and areas shall be in the sole discretion of the Superintendent of Recreation and Parks and/or the Parks Board and Recreation Commission, in accordance with established policies of the Parks Board and Recreation Commission, and shall be made, where possible, within one week after receipt of written application.
[Amended 3-16-2010 by L.L. No. 1-2010]
A person shall not use park property for business or professional purposes involving the sale of any goods, the rendering of any service for a fee, the soliciting of alms or contributions or any other sales, marketing or related activity unless authorized to do so by the Parks Board and Recreation Commission or the Superintendent of Recreation and Parks.
No person shall post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars, advertisements in any form or any other matter for advertising purposes, directly in or in the immediate vicinity of any park, unless duly authorized by the Parks Board and Recreation Commission or the Superintendent of Recreation and Parks.
The Town will not be responsible for loss, damage or theft of personal property brought into any park unless such property is received by authorized Town personnel at designated facilities provided for that purpose. Upon delivery of said personal property to a duly authorized Town employee, the bailor shall receive a receipt therefor which shall be surrendered upon return of the property. The Town's liability upon such a bailment shall not exceed the sum of $150.
[Amended 3-16-2010 by L.L. No. 1-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any provision of this chapter will be subject to the loss of park privileges herein granted and the following monetary fines:
First offense: Any person found guilty of a violation of any provision of this chapter shall be punished by a fine up to $1,000;
Second offense: Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000;
Third offense: Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500.
Each day such violation shall continue shall be considered a separate violation.
[Added 3-16-2010 by L.L. No. 1-2010]
Enforcement of this chapter is hereby delegated to the Superintendent of Recreation and Parks, the Superintendent's designee(s) and Code Enforcement personnel of the Town of Clarkstown.