[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 2-26-1979 by L.L. No. 5-1979;[1] amended in it entirety 6-18-2007 by L.L. No. 5-2007. Subsequent amendments
noted where applicable.]
[1]
Editor’s Note: This local law comprised former Art. I, Vischer Ferry Nature and Historic Preserve. Former Art. II, Park Hours, adopted 9-11-1990 by L.L. No. 16-1990; Art. III, Clifton Commons, adopted 4-24-1990 by L.L. No. 3-1990; and Art. IV, Town-Wide Trails, adopted 1-16-1996 by L.L. No. 1-1996, were superseded 6-18-2007 by L.L. No. 6-2007. See now Ch. 153, Parks.
A.
The Town recognizes the unique characteristics and
benefits to the Town of nature preserves within its borders, and wishes
to establish regulations for the use of nature preserves owned or
under management by the Town. These regulations shall apply to the
Dwaas Kill Nature Preserve, the Vischer Ferry Nature and Historic
Preserve, the North Woods Nature Preserve (former Round Lake Reservoir
lands), Riverview Nature Preserve and all other nature preserves now
owned, managed, or subsequently acquired, designated, or established
by the Town of Clifton Park.
B.
The Town of Clifton Park finds and determines that
these nature preserves offer unique combinations of undeveloped land,
scenic vistas and/or open space which can provide for management and
preservation of rare, threatened or endangered species of flora and
fauna, provide habitat for birds, fish and other wildlife, permit
the study of the natural sciences including biology, botany, ecology,
entomology, ecology and geology, and to provide areas for passive,
nonmotorized recreational uses including but not limited to educational
activities, walking, fishing, hiking, photography, cross-country skiing
and snowshoeing.
C.
Preserves may be maintained, altered or modified by
the Town to preserve, improve, alter or enhance their character, desirability
and usefulness to the people of the Town, consistent with the purposes
stated herein.
[Amended 12-13-2021 by L.L. No. 10-2021]
A.
The Vischer Ferry Nature and Historic Preserve was
originally established in 1977 on lands of the New York State Canal
Corporation for nature preserve and recreational purposes, made possible
by the issuance of a use and occupancy permit to the Town from the
New York State Canal Corporation. Lands encompassed within the Preserve
were expanded through the issuance of subsequent permits from the
Canal Corporation, to the Town, and by land acquisitions made by the
Town.
B.
Boundary:
The Vischer Ferry Nature and Historic Preserve consists of lands encompassed
by real estate permit C-OC-202100217, issued by the New York State
Canal Corporation to the Town on, December 13, 2021, including 600+
acres of NYS canal lands adjacent to the Erie Canal Land generally
bounded on the east by the Town of Halfmoon and on the west by Frank
Street in Clifton Park, as shown on the map associated with the permit
and attached hereto and incorporated into this chapter.[1] Also included within the Vischer Ferry Nature Preserve
are the following lands acquired by the Town of Clifton Park for Park
and Nature Preserve purposes:
(1)
SBL
293.-2-1, 24.8 acres acquired on December 10, 2001, for nature preserve
purposes (Resolution 260 of 2001).
(2)
SBL
288.-1-76; 2.84 acres acquired for park and preserve purposes on October
27, 1997, per Resolution 214 of 1997.
(3)
SBL
288.-1-48.1; 15 acres acquired March 12, 2003, for park and preserve
purposes per Resolution 308 of 2003.
(4)
SBL
287.16-1-18 , acquired April 28, 2006, pursuant to Resolution 84 of
2006 for park and nature preserve purposes
(5)
SBL
288.-2-31, acquired April 28, 2006, pursuant to Resolution 84 of 2006
for park and nature preserve purposes.
[1]
Editor's Note: Said map is on file in the Town offices.
C.
Uses. The
Vischer Ferry Nature Preserve lands shall be for use as a nature and
historic preserve, for the purposes of recreation, historic and nature
preservation, including: the maintenance of the hiking trails , footbridges,
kayak launches, kiosks, parking areas and related recreational uses.
D.
Hunting
and discharge of firearms restricted. Hunting shall be restricted
within the Vischer Ferry Nature Preserve. Within the Vischer Ferry
Nature and Historic Preserve only, hunting shall be restricted to
the use of shotguns for duck hunting only, said hunting being limited
to the first seven calendar days of duck hunting season as established
by the State of New York. Possession, control, or transporting of
firearms, or bows of any type, for hunting, target shooting or any
other purpose during any time of the year other than as set forth
above relative to waterfowl hunting, is prohibited. Hunting is allowed
to the exclusion of all other uses, recreational or otherwise, during
the above-described seven-day period.
[Amended 9-11-2023 by L.L. No. 6-2023]
(1)
Dwaas
Kill Nature Preserve. The Dwaas Kill Nature Preserve shall only be
used for the purposes of recreation and historic and nature preservation,
is hereinafter designated as the "Dwaas Kill Preserve" and shall generally
be defined as the area of land of approximately 248.485 acres that
is bordered on the south by Kinns Road, north by the Canadian Pacific
Railway Company (formerly the Delaware and Hudson Railroad) rail line,
to the east by Pierce Road, and to the west by Carlton Road, and that
is further defined by a subdivision plan/survey map on file with the
Town Clerk dated July 21, 2005.
(2)
North
Woods Nature Preserve (former Round Lake Reservoir Lands). The North
Woods Nature Preserve formerly known as the "Village of Round Lake
Reservoir property," shall only be used for the purposes of recreation
and historic and nature preservation, is hereinafter designated as
the "North Woods Nature Preserve" and shall generally be defined as
the area of land of approximately 80.746 acres that is bordered on
the south by West Terrace Court, Burning Bush Boulevard, and Brier
Court, to the north by Shadow Wood Way, to the east by Forest Drive
and to the west by South Hollow Road and Blue Spruce Lane, and that
is further defined by a survey map on file with the Town Clerk dated
October 25, 2003.
(3)
Riverview
Nature Preserve. The Riverview Nature Preserve is approximately six
acres, along the south side of Riverview Road, bounded by Riverview
Orchards to the west, residences of Brian Drive to the east, and lands
of New York State Canal Corporation along the southern boundary. The
Mohawk River is along the strip of Canal Corporation land along the
preserve's southern boundary.
[Amended 12-13-2021 by L.L. No. 10-2021]
Hunting and any discharge of firearms, or bows
of any type, are prohibited within any nature preserve owned or managed
by the Town of Clifton Park.
Motorized vehicles or crafts of any sort, except
for emergency vehicles and vehicles operated by police, environmental
conservation officers, town officials or others designated by them
on official business, are banned from the nature preserves. This shall
include motor vehicles, all-terrain motorized vehicles, snowmobiles,
trail bikes, motorcycles, motor boats or any other motor-driven craft.
This shall not apply to wheelchairs or motorized vehicles designed
to enable an individual with a disability.
The nature preserves shall be open for general
public use from 1/2 hour before sunrise to 1/2 hour after sunset.
These hours may be varied by the Town Supervisor for special events.
These hours shall not conflict with time periods set forth from time
to time by the New York State Department of Environmental Conservation
or the United States Fish and Wildlife Service for the regulation
of waterfowl hunting seasons and hours.
It shall be unlawful and constitute an offense
for any person to:
A.
Utilize or make use of any preserve within the Town
except during the hours set forth in this article.
B.
Use or utilize any preserve within the Town for any
act or use which is prohibited by this article.
C.
Vandalize, spray paint, break, or damage any property,
fixture, building, facility, improvement or structure, or any trees,
shrubbery, landscaping materials, and the like in any nature preserve
within the Town.
D.
Operate any motor vehicle of any sort on any field,
court, park or recreational facility other than for official purposes
and in designated areas. This shall include motor vehicles, all-terrain-motorized
vehicles, snowmobiles, motorized-trail bikes, motorcycles, or any
other motor-driven craft.
E.
Except for lawful hunting and fishing as permitted
herein, it shall be unlawful and a violation for any person to harass
or harm wildlife, or to permit his or her dog or other domestic pet
to do so.
F.
Use or
ignite fireworks of any kind, including sparkling devices as defined
in Subparagraph (vi) of Subdivision (a) of Paragraph 1 of § 270.00
of the New York State Penal Law, as referenced in § 156-h of
the New York State Executive Law.
[Added 8-17-2015 by L.L.
No. 9-2015]
G.
Except for duck hunting as described in § 152-2D, above, within the Vischer Ferry Nature Preserve, the possession, control, or transporting of all firearms, rifles, shotguns or bows of any type is strictly prohibited within nature preserves within the Town of Clifton Park.
[Added 12-13-2021 by L.L. No. 10-2021; amended 9-11-2023 by L.L. No. 6-2023]
H.
The removal,
destruction, or defacement of any signs or postings prohibiting trespass
or hunting with any nature preserve owned or managed by the Town of
Clifton Park is strictly prohibited.
[Added 12-13-2021 by L.L. No. 10-2021]
[Amended 9-8-2020 by L.L.
No. 6-2020]
Any person found to have violated any of the
provisions of this chapter shall be guilty of a violation and shall
be subject to the following:
A.
For a first offense, a civil penalty not to exceed
$500, in addition to restitution for damage to preserve property.
[Amended 12-13-2021 by L.L. No. 10-2021]
B.
For a second offense committed within a period of
18 months, a civil penalty not to exceed $1,000, in addition to restitution
for any damage to preserve property.
[Amended 9-8-2020 by L.L.
No. 6-2020]
The town security officers are authorized to
provide for compliance with this chapter and hereby authorized to
issue and serve appearance tickets and to participate in the prosecution
of any offenses found in this chapter.
[Added 9-8-2020 by L.L.
No. 6-2020]
Appearance tickets issued under this chapter may be resolved
by written plea agreement lodged with the court, subject to judicial
approval, for individuals represented and unrepresented by counsel.
Electronic signatures, scanned or photocopied signatures on plea agreement
forms shall be presumptively reliable.
