[HISTORY: Adopted by the Town Board of the Town of Goshen 1-26-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Park Conduct Law."
The Town Board of the Town of Goshen has found that, for the purpose of promoting the health, safety, morals or general welfare of the community and the peace and good order thereof, this chapter should be adopted to regulate and set forth standards of conduct in public parks, including the restricting of the possession of open containers of alcoholic beverages in said public parks.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- ALCOHOL, BEER, CIDER, LIQUOR, SPIRITS and WINE
- Have the meanings ascribed to them by the Alcohol Beverage Control Law of the State of New York.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirts, wine or beer and capable of being consumed by a human being.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC PARKS
- Includes all parks, playgrounds, recreational facilities or recreation areas owned and maintained by the Town of Goshen and all buildings, structures, shelters, facilities and improvements thereon located in any park, playground, recreation facility or recreation area owned and maintained by the Town of Goshen.
Editor's Note: See Art. 1, § 3, of the Alcoholic Beverage Control Law.
All other terms shall have the meanings normally ascribed to them in regular usage.
No person shall fire or discharge any gun, pistol, firearm or slingshot or any rocket, torpedo or other fireworks of any description or carry or transport the same in any public park, unless upon permission of the Town Board.
No person shall climb any tree, injure, deface, disturb or befoul any part of a public park or any buildings, signs, equipment or other property found therein, or remove, cut down, cut, injure or destroy any tree, flower, shrub, ornament, statue, fence, bridge, structure or other property within any public park or park approach or within any other area under the control of the Town of Goshen and/or the Joint Recreation Commission of the Town and Village of Goshen.
No person shall kindle, build, maintain or use a fire in any public park or park approach for any purpose except in a stove, fireplace, oven or fire circle provided for that purpose. A fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished. Lighted matches, cigarettes, cigars or burning tobacco must not be deposited or left where they may cause fires.
No person shall deposit, dump, throw or place any earth, rubbish, paper, bottle, bits of crockery, glass or glassware, metallic or other substance, garbage or other refuse matter or any sand, stone, lumber or other material of any kind in or upon any part of the water or grounds of any public park or park approach. Grounds must be maintained in a clean and sanitary condition. Garbage and refuse must be deposited in receptacles provided.
No person shall bring any dog or dogs into any public park unless the same is on a leash and kept on a leash while in the park.
No person shall hunt game within the boundaries of a public park.
No person, acting individually or jointly with other persons, shall have in his possession any open container containing an alcoholic beverage in any public park within the Town of Goshen.
The foregoing prohibition shall not apply in the event of a fair, picnic or community or family gathering for which a special permit authorizing the possession of open containers of alcoholic beverages has been expressly granted by the Chairman of the Joint Recreation Commission of the Town and Village of Goshen. An application for a special permit to allow for an exception in any area of a public park shall be made to the Chairman of the Joint Recreation Commission of the Town and Village of Goshen. Such permits may be issued to the applicant under such circumstances and conditions as prescribed by the Town Board. Such permit shall be on a form prescribed by the Joint Recreation Commission and shall be available for inspection by any Town official or employee during the term the permit is operative. Such permit may be revoked at any time by the Town Board upon reasonable belief of a violation of any of the conditions under which the permit was issued.
The foregoing prohibition shall not apply to premises within any public part of the Town where a license has been issued by the New York State Liquor Authority to permit the sale and consumption of alcoholic beverages on said premises and the Director of Recreation has expressly authorized that an application be made for such a license.
No person shall drive or cause to be driven along or over any road within any public park any vehicle at a speed in excess of 15 miles per hour, nor shall any person park or cause to be parked any vehicle at any point where a sign prohibiting parking has been erected pursuant to the direction of the Director of Parks and Recreation. "Vehicles" shall include snowmobiles, motorcycles, motor-driven cycles, motor scooters and bicycles with motors attached.
No person, firm or corporation shall sell or offer for sale within the public parks any property or privilege whatsoever unless authorized by the Town Board of the Town of Goshen and/or the Joint Recreation Commission of the Town and Village of Goshen.
No person shall enter or remain in a public park owned or maintained by the Town of Goshen between sunset and sunrise the following day, except where a person is a spectator or participant in an event or activity under the direct supervision of or sponsored by the Town of Goshen or an event or activity expressly authorized and allowed in the park by the Town Board, the hours of said event or activity extending beyond sunset.
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed six months, or both; provided, however, that for the purpose of conferring jurisdiction upon the courts and judicial officers generally, such violation shall be deemed a misdemeanor, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
Each day that the violation of this chapter is committed or is permitted to exist shall constitute a separate offense.
The declaration of any portion of this chapter by a court of competent jurisdiction to be invalid shall not invalidate the entire chapter, but only that part thereof so declared to be invalid, and the remainder of said chapter shall remain in full force and effect.
This chapter shall take effect immediately.