[Adopted 9-22-1998 by L.L. No. 4-1998]
This article shall be known and cited as the
"Community Center Park Dedication and Protection Law of the Town of
Niagara, New York."
Insofar as the provisions of this article are
inconsistent with the provisions of any other local law or act, the
provisions of this article shall be controlling.
As used in this article, the following terms
shall have the meanings indicated:
Real property acquired by the Town of Niagara for the purpose
of constructing a community center, including but not limited to parcels
located south of Grauer Road at SBL No. 131.15-1-40, SBL No. 131.15-1-33,
SBL No. 131.15-1-34, SBL No. 131.15-1-35, SBL No. 131.16-1-17, SBL
No. 131.16-1-18 and SBL No. 131.16-1-19.
To set aside for a public use.
Appropriation of land by an owner, for the use of the public,
and accepted for such use by or on behalf of the public.
A tract of land of sizeable proportions devoted to purposes
of ornamentation and recreation and/or a pleasure ground set aside
for the recreation of the public to promote its health and enjoyment.
Reasons for creating and maintaining park areas, which include
public health, pleasure, recreation, athletics and amusement, among
others. Park purposes shall include any incidental uses attendant
to maintaining and operating the park, including but not limited to
maintenance garages, limited commercial uses such as a snack bar,
retail sales of equipment, etc., and any other similar use which shall
be approved by the Town Board.
The purpose of this article is to ensure that
land purchased for a Town community center remains devoted to park
use forever, subject to applicable state legislation. The Town of
Niagara recognizes the importance of the community center property
and, with this article, seeks to establish and maintain park land
for public use. This article shall not prevent the Town from making
use of limited portions of this property for appropriate municipal
purposes, nor shall it prevent the Town, or an individual or entity
which has contracted with the Town, from charging an admission fee
for an event to be held on the community center property or from allocating
some portion of the property for a use or uses for which a user fee
or admission fee may be charged. Similarly, nothing in this article
shall prevent the Town from setting limited hours of admission to
the park, or from excluding all persons from access to the property
prior to and during the construction of improvements to the property.
The community center property, and all contiguous
parcels which may be obtained by the Town, are hereby dedicated as
a park for the use and enjoyment of the citizens of the Town, as set
out in this article.
