[HISTORY: Adopted by the Board of Trustees
of the Village of Cedarhurst 3-2-1964 as Ch. 12 of the 1964 Code of Ordinances. Amendments noted
where applicable.]
[Amended 10-6-1997 by L.L. No. 9-1997]
It shall be unlawful for any person, number
of persons or group of persons to engage in the playing of any athletic
game or games, including baseball, softball, football, tennis, handball
or any other sport whatsoever, in or upon any public park or lands
owned by the village, unless such person, number of persons or group
or persons shall play thereon pursuant to a permit issued in accordance
with the following sections of this chapter.
Any person using any village park or public place for the purposes provided in § 178-1 herein must be attired with shirt and trousers or shirt and trunks.
[Amended 1-5-1976 by L.L. No. 2-1976]
A.
Procedures for application.
(1)
All applications for use of a village park or any
other public buildings or grounds must be made in writing and sworn
to before a notary public to the Village Clerk-Treasurer, 200 Cedarhurst
Avenue, Cedarhurst, New York.
(2)
Two residents of the Village of Cedarhurst must act
as sponsors for the applicant. The sponsor form will be mailed to
the person listed on the application.
(3)
If the application is approved, a permit will be issued
to the organization and it will indicate the specific type and extent
of use granted.
B.
Conditions applying to the use of a permit.
(1)
The permit shall be valid only for the use of the
particular grounds on the date or dates and at the hours specified
within the restrictions and for the purposes specified.
(2)
The permit is not transferable.
(3)
There shall be no gambling, loud or boisterous behavior
or use of intoxicating beverages on the grounds.
(4)
Groups composed of minors must have at least one adult
in charge who must be present before the group may enter the grounds.
(5)
Adequate supervision for the conduct and safety of
the group must be maintained at all times by the sponsoring organization.
Where supervision has been judged to be inadequate, permission for
continued use of the facility will be withheld until proper supervision
is provided.
(6)
Liability insurance shall be required, the amount
of which shall be set by resolution of the Board of Trustees from
time to time. Said policy must name the Village of Cedarhurst as additional
insured. Said policy must also hold the village harmless.
[Amended 10-6-1997 by L.L. No. 9-1997]
C.
Rights reserved by the Village Board of Trustees concerning
permits.
(1)
The Board of Trustees reserves the right to review
all applications.
(2)
The Board of Trustees assumes no responsibility for
loss of personal property or for personal injury sustained while any
group is using the premises.
(3)
The Board of Trustees or its representative may cancel
privileges granted upon failure of any group to comply with the rules
and regulations of this policy.
D.
Additional conditions when an admission fee or other
money is involved.
(1)
If a group plans any activity involving an admission
fee, then the application must include a statement of this intent
and an indication that the action does not involve any conflict of
law.
(2)
When permission is granted to charge an admission
fee, the organization collecting the fee must submit a detailed written
report of the total receipts and expenditures and proposed use of
the moneys sworn to before a notary public. This report must be submitted
to the Village Board of Trustees within 10 days after the activity
has taken place.
(3)
The organization charging a fee shall be responsible
and shall pay any or all admission or other taxes payable in connection
with the activity as required by state, federal or other governmental
authorities.
(4)
Whether or not an admission fee is charged, there
shall be no solicitation or collection of contributions for any reason
on village property, unless authority to do so has been granted by
the Village Board of Trustees and is so stated in the permit.
E.
Responsibilities of the applicant when issued a permit.
The granting of such a permit to any person
shall entitle such person and his or her associates to play such game
or games upon the grounds specified and only within the hours specified
therein. Such applicant's associates shall include the members of
his or her own team and the members of the opposing team playing in
the same game or games.
[Amended 7-6-1971; 10-18-1971; 10-6-1975 by L.L. No. 21-1975; 9-19-1977 by L.L. No.
24-1977; 8-5-1985 by L.L. No. 7-1985; 6-16-1997 by L.L. No.
7-1997]
It shall be unlawful for any person to engage
in any one or more of the following activities within the Cedarhurst
Village Park:[1]
A.
To fly or cause to be flown any toy or miniature airplane
or mechanical contrivance similar thereto or any other flying object
whatsoever which shall be propelled by mechanical means, whether by
a spring, gasoline or any other mechanical or combustible propulsive.
B.
To enter upon or be present, for any purpose whatsoever,
within the area of said Cedarhurst Village Park, between the hours
of 9:00 p.m. and 9:00 a.m., other than a police officer while on duly
or a duly authorized officer of the Village of Cedarhurst; except
that persons may enter upon and into the Cedarhurst Village Park to
attend any duly authorized event for which a proper permit has been
issued and is in effect.[2]
[Amended 7-2-2012 by L.L. No. 8-2012]
[2]
Editor's Note: Former Section 12-7(b), providing
for a specific penalty, which immediately followed this section, was
deleted 10-6-1997 by L.L. No. 9-1997.
D.
No person owning, possessing or harboring any dog
or any other animal may permit any such animal upon the park grounds
at any time.
E.
No roller skate, roller blade, use a skate board or
to ride any bicycle of any kind within said park at any time.
F.
No music
may be played through any speaker, stereo or other sound amplification
device.
[Added 6-3-2019 by L.L. No. 15-2020]
[1]
Editor's Note: Per notice by the Village, Cedarhurst Village
Park is now known as Andrew J. Parise Park.
[Amended 6-16-1997 by L.L. No. 7-1997]
Any person found to have violated any provision
of this chapter shall, upon conviction, be required to pay a fine
not exceeding $500, and any such violation and conviction shall constitute
disorderly conduct, with such person being a disorderly person, subject
to additional penalty as provided in this Code of Ordinances for such
a violation.[1]
