City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle by Ch. 3 of the 1965 General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 83.
Animals — See Ch. 89.
Marinas — See Ch. 196.
Signs — See Ch. 270.

§ 224-1 Interference with lands or improvements.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall modify, alter or in any manner interfere with the line or grades of any park or park street, nor take up, move or disturb any curb, gutter stone, flagging, tree, tree box, railing, fence sod, soil or gravel thereof, except by direction of the Commissioner of Parks and Recreation or under the Commissioner's permit.

§ 224-2 Overhead wires.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall attach or string any electric or other wires, or adjust or carry the same into or over any park or park street, except under a permit from the Commissioner of Parks and Recreation.

§ 224-3 Restrictions on going upon lawns and grass plots.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall go upon any lawn or grass plot in any park or parkway where prohibited by any special order of the Commissioner of Parks and Recreation, which prohibition shall be indicated by proper signs.

§ 224-4 Rubbish and refuse.

No person shall throw, cast or lay, or direct, suffer or permit any servant, agent, employee or person in his or her charge to throw, cast or lay, any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind whatsoever in any park, or in any lake, lawn, path, walk, road or drive thereof, or in any park street; nor shall any person at any time sweep any of the aforementioned rubbish or refuse from the sidewalk into the gutter. All such sweepings shall be picked up and placed into a proper receptacle therefor.

§ 224-5 (Reserved) [1]

[1]
Editor's Note: Former § 224-5, Public meetings, was repealed 3-16-2004 by Ord. No. 60-2004.

§ 224-6 Alcoholic beverages.

[Amended 7-14-1969 by Ord. No. 189-1969; 9-21-1982 by Ord. No. 194-1982; 5-17-1983 by Ord. No. 117-1983]
No person shall drink alcoholic beverages of any kind in any of the public parks, playgrounds or ball fields of the city, nor shall any person carry or possess any open container in any such place with the intent of the carrier or possessor to consume the beverage or for another to do so. This section shall not be applicable to any person or persons attending a picnic, gathering or any other affair in any public park, playground or ball field of the City for which a permit has been duly issued.

§ 224-7 Sale or exhibition of articles, food, and beverages; services.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004; 10-21-2004 by Ord. No. 219-2004]
No person shall expose any article, food, or beverages for sale or exhibition, nor perform any personal service for hire, in any park or parkway except under a permit to be issued by the Commissioner of Parks and Recreation. Such permit shall set forth the term, location, hours of operation, and fee for such permit, together with such other terms and conditions as shall be established by the Commissioner of Parks and Recreation. An itinerant vendor as defined under § 235-1 of the City Code may not obtain a permit under this § 224-7 without first having obtained a license as an itinerant vendor under Chapter 235 of the City Code.

§ 224-8 Posting or distribution of printed matter; athletic facility signs.

[Amended 9-21-1999 by Ord. No. 229-1999; 11-20-2007 by Ord. No. 259-2007]
No person or entity shall post any bill, placard, notice or other paper upon any structure, tree, rock, article or thing within any park or upon any park street, nor paint nor affix thereon in any other way any advertisement or notice, except for signs placed on the inside of fences at City athletic facilities during sports seasons, which signs recognize contributions from sponsors of such athletic activities and which have been approved by the Commissioner of Parks and Recreation. Such signs shall not be affixed to such fences more than 10 days prior to the start of the sports season to which they pertain and shall be removed not more than 10 days following the end of such season. No person or entity shall distribute, hand out or cast about any card, circular, pamphlet or other printed matter within any park or upon any park street.

§ 224-9 Animals.

[Amended 7-15-1968 by Ord. No. 211-1968; 1-16-2007 by Ord. No. 21-2007]
A. 
Except for leashed and unleashed dogs in Ward Acres Park in full compliance with the requirements set forth in § 224-9B of this Chapter, the custody and control of any animal shall permit or allow such animal to go and/or remain in any public park or upon any park street or in the municipal marina. Any peace officer shall seize and impound any animals found in violation of this section, whether said animals are licensed or unlicensed.
B. 
No person being the owner or having the custody and control of a dog shall allow or permit such dog to go and/or remain in Ward Acres Park except in full compliance with the following requirements:
(1) 
No person being the owner or having the custody and control of a leashed or unleashed dog shall allow or permit such dog to go and/or to remain in Ward Acres Park without such person being in possession of a current New York State license issued to the owner of such dog (“State Dog License”) and without such dog having a tag for such State Dog License attached to its collar.
(2) 
No person, being the owner or having the custody and control of a leashed or unleashed dog, shall allow or permit such dog to go and/or to remain in the designated fenced-in dog run area in Ward Acres Park without such person being in possession of a current Ward Acres dog permit for such dog, issued to the owner of such dog by the City ("Ward Acres dog permit"), the annual fee for such Ward Acres Dog Permit being set forth in Chapter 133, Fees, of the City Code.
[Amended 12-9-2008 by Ord. No. 223-2008]
(3) 
No person being the owner or having the custody and control of a leashed or unleashed dog shall allow or permit such dog to go and/or to remain in Ward Acres Park without such person being in possession of a current rabies vaccination certificate for such dog.
(4) 
No person being the owner or having the custody and control of a leashed or unleashed dog shall allow or permit such dog to go and/or to remain in Ward Acres Park at the same time as more than three other dogs which are also owned or under the custody and control of such person.
(5) 
No person being the owner or having the custody and control of a leashed or unleashed dog shall allow or permit the feces of such dog to remain in Ward Acres Park.
(6) 
No person being the owner or having the custody and control of a leashed or unleashed dog shall allow or permit such dog to go and/or to remain in Ward Acres Park between dusk and dawn.
(7) 
No person being the owner or having the custody and control of a dog shall allow or permit such dog to be unleashed outside the designed fenced-in dog run area in Ward Acres Park. In all areas of Ward Acres Park outside the designated fenced-in dog run area, dogs shall be restrained by a chain or leash not exceeding six feet in length.
[Amended 12-11-2007 by Ord. No. 290-2007[1]]
[1]
Editor's Note: This ordinance provided that this amendment shall take effect 4-1-2008.

§ 224-10 Interference with City employees.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall prevent, delay or interfere with the Department of Parks and Recreation or its employees in planting, pruning, spraying or removal of a tree in a park or on a park street, or in the removal of a stone, cement or other substance about the trunk of a tree.

§ 224-11 Vehicles for hire.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No vehicle for hire shall stand within a park, parkway or park street for the purpose of taking up passengers for hire over or upon any park or parkway, except upon traffic roads, without a permit from the Commissioner of Parks and Recreation.

§ 224-12 Carriers of offensive refuse.

[Amended 3-16-2004 by Ord. No. 60-2004]
No garbage, ashes, manure or other offensive material shall be carried over any parkway or through any park, except upon traffic roads set apart for the purpose. When such refuse is to be removed from residences fronting on any park or park street, the vehicle collecting the same must leave the park or street as soon as the collection has been accomplished, and within the time prescribed by the Commissioner of Parks and Recreation. No earth, sand or broken stone shall be carried over any parkway, except on traffic roads, without a permit from the Commissioner of Parks and Recreation.

§ 224-13 Bicyclists.

No person shall ride a bicycle upon the footpaths of any park or parkways. Bicyclists walking upon a footpath may push their wheels along the path, but in no case shall the machine be taken upon the turf.

§ 224-14 Public bathing.

[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall swim or bathe in or from any public park of the City or in any City-owned lake, except that swimming or bathing shall be permitted in or from Hudson Park in accordance with the regulations of the Commissioner of Parks and Recreation and the payment of fees prescribed by the City Council.

§ 224-15 Diving and swimming.

No person shall jump or dive from the pier adjoining the easterly bathing beach in Hudson Park or from the railing or fences appurtenant to said pier or from any dock, pier, rock or rocks in any other public park into the waters adjacent to the same, and no person shall jump or dive into any city-owned lake.

§ 224-16 Hours.

[Amended 8-18-1965 by Ord. No. 341-1965; 8-3-1970 by Ord. No. 215-1970; 8-13-1973 by Ord. No. 240-1973; 11-28-1973 by Ord. No. 321-1973; 12-15-1981 by Ord. No. 353-1981; 11-19-1991 by Ord. No. 252-1991; 4-25-1995 by Ord. No. 105-1995]
All public parks and public lands within the City of New Rochelle shall be closed at dark until 6:00 a.m., and no person shall bathe from or remain on the beach or any other part of any park or loiter about any part of any public park or public parklands within the City of New Rochelle during said hours. However, said closing time shall be extended for city- and/or league-sponsored activities which have been granted proper permission to utilize said public parklands beyond such hours. In such instance, said public park or parkland shall close 1/2 hour after the City and/or league activity is completed. Public parks and public parklands as herein referred to shall include all land within the City of New Rochelle set aside for use by the public for park purposes or for active or passive recreational use.

§ 224-17 Regulations of Commissioner of Parks and Recreation. [1]

[Added 6-20-2006 by Ord. No. 161-2006]
The Commissioner of Parks and Recreation is authorized to adopt rules and regulations as he or she may deem necessary, subject to the approval of the City Manager, for the proper use of City parks and recreational facilities. No person or entity shall violate such rules and regulations adopted by the Commissioner of Parks and Recreation.
[1]
Editor's Note: Former § 224-17, Use of Hudson Park, was repealed 3-16-2004 by Ord. No. 60-2004.

§ 224-18 (Reserved) [1] [2]

[1]
Editor's Note: Former § 224-18, Use of Davenport Park, was repealed 3-16-2004 by Ord. No. 60-2004.
[2]
Editor's Note: Former §§ 3-19.01, Parking; 3-19.02, Parking - Cameron Pier and Sharkey Horseshoe Pitching Court; and 3-19.03, Parking - Weight limit, which immediately followed this section were deleted 10-18-1988 by L.L. No. 1-1988..

§ 224-19 Saltwater fishing.

A. 
The use of public piers, docks, floats, breakwaters or beaches in the waters surrounding the City of New Rochelle for saltwater fishing shall be limited to residents of New Rochelle holding a resident fishing permit. Such permit shall be issued by the Bureau of Marinas, Docks and Harbors, without fee, upon the presentation of satisfactory evidence of residence within the City of New Rochelle. Such identification shall consist of automobile registration, operator's license, chauffeur's license or any other document sufficient to identify the applicant and to prove his residence in the City of New Rochelle.[1]
[1]
Editor's Note: Amended during codification.
B. 
All permits issued shall remain in effect until revoked and shall not be transferable under penalty of forfeiture.
C. 
Every permit holder shall exhibit his permit upon request by any police officer, harbor patrol officer, City official or employee designated by the issuing officer.
D. 
Fishing from the sun pier at Hudson Park and from any public beach within the City of New Rochelle shall be prohibited from May 1 through September 30, inclusive.
[Amended 10-7-1975 by Ord. No. 274-1975; 11-19-1991 by Ord. No. 253-1991]
E. 
Fishing from any pier, dock, seawall or float in the Municipal Marina or from any portion of Davenport Park shall be prohibited at all times.
F. 
No person shall cast any type of fishing line or gear into or across any federal channel in such a manner as to interfere with the passage of boat traffic in the federal channel or to endanger the safety of boat traffic and persons aboard boats using the federal channel or the safety of persons using the public dock and parking area adjacent thereto.
G. 
No person shall clean fish on any public pier, dock, breakwater or beach, nor shall any person deposit refuse or debris of any kind or nature thereon, nor shall any person deposit refuse or debris of any kind or nature into the waters adjoining the same.
H. 
Persons fishing from city-owned waterfront facilities do so at their own risk, and the City of New Rochelle shall not be held liable for accident or injury to persons or property arising from such fishing from city-owned facilities.

§ 224-19.1 Boat launching.

[Added 6-20-2000 by Ord. No. 110-2000; amended 3-16-2004 by Ord. No. 60-2004]
No person shall launch any type of watercraft from any park except where designated by the Commissioner of Parks and Recreation.

§ 224-20 Penalties for offenses.

[Amended 10-18-1988 by L.L. No. 1-1988]
A. 
In addition to the penalties provided in Subsection B of this section, the fishing permit of any person convicted of a violation of § 224-19 may be revoked.
B. 
An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.