[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-1985 by L.L. No. 2-1985]
The village endeavors to maintain reasonable, accessible recreation
equipment for its citizens, with the least restriction advisable so as to
maximize use of such equipment by its residents. However, since such equipment
is so accessible, such equipment is subject to significant fluctuations in
wear. In order to keep such equipment at maximum desired use but still provide
a reasonable mechanism for the village to monitor wear and tear on its equipment
and thereby protect itself from injuries incurred by residents and/or visitors
who utilize its equipment, sometimes without properly inspecting the equipment
before using the same, the village deems it necessary to institute a notice
requirement as a condition precedent to the liability of the Village of Chittenango
or its agents, officers and employees for injuries sustained by any person
by reason of patent defects in village recreation equipment. This article
shall be published in full and posted conspicuously such that the maximum
number of residents are aware of the provisions, so as to encourage all residents
to properly and thoroughly inspect equipment at public village parks prior
to use of the same and to encourage the reporting of any defective equipment
at the earliest possible date.
The Village of Chittenango shall not be liable for any injury incurred
or any damages incurred by any person, whether resident or visitor, upon an
allegation that such injury or damages were caused wholly or in part by defective
equipment in parks maintained by the Village of Chittenango, unless there
shall have been filed with the Clerk of the Village of Chittenango a written
notice identifying the defective condition, the equipment location and the
person or persons who have identified such condition, at least 24 hours in
advance of an occurrence giving rise to such injury or damages.
The failure to provide such notice of such defective condition shall
be an absolute defense to any action instituted upon a condition of which
the village has not been so notified, unless it shall be established that
the village had actual knowledge of such defective condition at least 24 hours
in advance of the occurrence giving rise to injury or damage.
The invalidity of any part of this article, if so determined subsequently
by a court of competent jurisdiction, shall not affect the balance of this
article, which shall remain in full force and effect.
[Adopted 11-26-1985 by L.L. No. 4-1985]
Whenever used in this article, the following respective terms, unless
otherwise herein expressly defined, shall mean and include each of the meanings
herein respectively set forth:
Village of Chittenango Parks Commission.
Any path or trail maintained for pedestrians.
Any person designated as a regular member of the Chittenango Police
Department or the Madison County Sheriff's Department or the New York
State Police.
Any law duly adopted pursuant to the Municipal Home Rule Law as a
Village of Chittenango local law.
Any person, firm, association, copartnership or corporation owning,
operating or having the exclusive use of a vehicle, animal or other property
in fee, under a lease or otherwise.
Unless specifically limited, shall be deemed to include all parks,
spurs, open spaces, roads and also entrances leading to or connecting such
park or parks or parts thereof and such other rights and appurtenances as
the Village of Chittenango shall utilize, whether the same are now or hereafter
owned or acquired by the village in fee or otherwise.
Any written license issued by or under the authority of the Village
Board or its authorized representative, permitting the performance of a specified
act or acts.
Any natural person, corporation, company, association, joint-stock
association, firm or copartnership.
Bringing a vehicle to a complete stop on a road in a park other than
in a parking place or other than in conformity with traffic regulations and
other than because of a defect in said vehicle which precludes its operation.
Village of Chittenango.
Village of Chittenango Board of Trustees.
In its interpretation by the Village Board, the provisions hereof shall
be construed as follows:
A.
Any term in the singular shall include the plural.
B.
Any term in the masculine shall include the feminine
and neuter.
C.
Any requirement or prohibition of any act shall, respectively,
extend to and include the causing or procuring, directly or indirectly, of
such act.
D.
No provision hereof shall make unlawful any act necessarily
performed by any officer or employee of the Village of Chittenango in the
line of duty or work as such or by any person, his agents or employees in
the proper and necessary execution of the terms of any agreement with the
Village of Chittenango.
E.
Any act otherwise prohibited by this article, provided
that it is not otherwise prohibited by law or local ordinance, shall be lawful
if performed under, by virtue of and strictly within the provisions of a permit
so to do and to the extent authorized thereby.
F.
This article is in addition to and supplemental to all
New York State statutes which are in force in all parks and which are incorporated
herein and made a part hereof.
A permit to do any act shall authorize the same only insofar as it may
be performed in strict accordance with the terms and conditions thereof. Any
violations by its holder or his agents or employees of any term or condition
thereof shall constitute grounds for its revocation by the Village Board or
by its authorized representative, whose action thereon shall be final. In
case of revocation by the Village Board or by its authorized representative
of any permit, all moneys paid for or on account thereof shall, at the option
of the Village Board, be forfeited to and be retained by it; and the holder
of such permit, together with his agents and employees who violated such terms
and conditions, shall be jointly and severally liable to the village for all
damages and loss suffered by it in excess of money so forfeited and retained;
but neither such forfeiture and retention by the village of the whole or any
part of such moneys nor the recovery or collection thereby of such damages,
or both, shall in any manner relieve such person or persons from liability
to punishment for any violation of any provision of any Village of Chittenango
local law.
A.
Boating. The launching, storage and use of privately
owned boats, outboard, rafts, floats or any kind of power-propelled craft
on any park waters is prohibited.
B.
Firearms. No person except law officers on duty shall
carry firearms or dangerous weapons, as designated in the Penal Law of New
York State, within the park. Violation of this provision is subject to the
provisions of the Penal Law.
[Amended 6-20-1989 by L.L. No. 2-1989]
C.
Fires. No person shall kindle, build, maintain or use
an open fire other than in places provided or in approved cooking hardware
for such purposes except by permit. Any open fire shall be continuously under
the care and direction of a competent person over 18 years of age from the
time it is kindled until it is extinguished. No person shall throw away or
discard any lighted match, cigar, cigarette or any burning object within,
on or against any structure.
D.
Explosives. No person shall bring into or have in any
park any explosive or explosive substance except under permit. Violation of
this provision is subject to the provisions of the Penal Law.
[Amended 6-20-1989 by L.L. No. 2-1989]
E.
Alms and contributions. No person shall solicit alms
or contributions for any purpose under a park use permit issued by the Village
Board or its authorized representative, unless the permit specifically authorizes
such solicitation.
[Amended 6-20-1989 by L.L. No. 2-1989; 3-27-1990
by L.L. No. 7-1990]
F.
Alcoholic beverages. The abuse of alcoholic beverages
is prohibited within all Village of Chittenango parks.
G.
Commercial enterprises. No person, except not-for-profit
organizations by permit only, shall sell or offer for sale, hire, lease or
let out any object or merchandise or any other thing, whether corporeal or
incorporeal, in any park.
H.
Advertising. No sign or notice shall be erected or posted
at any place in the park without the permission in writing from the Village
Board or its authorized representative, nor shall any musical instrument,
radio, talking machine or drum be operated or any noise be made for the purpose
of attracting attention to any exhibition of any kind.
I.
Gambling. Provisions of the Penal Law pertaining to gambling
are applicable in all village parks.
J.
Exhibitions, parades, racing, etc.
(1)
No person shall erect any structures, stand or platform,
perform any ceremony, exhibit any dramatic performance in whole or in part
or any interlude, tragedy, comedy, opera, ballet, play, farce, minstrel, dancing
entertainment, motion picture, public fair, circus, juggling, rope-walking
or any other acrobatics or show of any kind or nature, or race any horse or
other animal, or, being in or on a vehicle, race with another vehicle or horse,
whether such race is founded on any stake, bet or otherwise, in any park except
by a permit.
(2)
No parade, drill or maneuver of any kind shall be conducted,
nor shall any procession form for a parade or proceed in any park without
a permit.
K.
Disorderly conduct. Provisions of the Penal Law pertaining
to disorderly conduct are applicable in all Village of Chittenango parks.
L.
Hours. No person except employees or officers of the
Village Board or its authorized representative shall be allowed within the
park from 1/2 hour after sunset to 1/2 hour before sunrise.
M.
Responsibility for minors. No parent, guardian or custodian
of any minor shall permit or allow him to do any act prohibited by any Village
of Chittenango local law in any village park.
[Amended 6-20-1989 by L.L. No. 2-1989]
N.
Hunting. No person within the confines of the village
parks shall hunt, pursue, trap or in any way molest any wild birds or animals,
nor shall any person have any such wild bird or animal in his possession within
the park. Violation of this provision is subject to New York State statutes.
[Amended 6-20-1989 by L.L. No. 2-1989]
O.
Camping. No camp shall be maintained in any park except
under permit and at such particular places and for such specified periods
as may be designated.
P.
Organized athletics. No regularly scheduled organized
athletic activity shall be undertaken except in places designated therefor
and by permit only.
Q.
Horses. No person shall use, ride or drive a horse in
any park except by permit.
R.
Animals at large. No person shall cause or permit any
animal owned by him, in his custody or under his control, except a dog restrained
by a leash, to enter any park, and each such animal found at large may be
seized and disposed of as provided by the law or ordinance covering disposal
of stray animals on highways or public property then in effect. Immediate
removal of animal feces is the responsibility of the owner or person in whose
company the animal is at the time.
S.
Smoking. It shall be unlawful for any person under the
age of 18 to smoke cigarettes in any public park in the Village of Chittenango.
[Added 11-28-2000 by L.L. No. 7-2000]
No person shall injure, deface, disturb or befoul any part of the park.
In addition to the prohibitions and penalties in effect pursuant to
state and federal statutes, no person shall, within any park, throw, cast,
lay, drop or discharge into or leave in the waters in any park or in any storm
sewer or drain flowing into said waters any substance, matter or thing, liquid
or solid, which may or shall result in the pollution of said waters.
No person shall deposit in any part of any park any garbage, sewage,
refuse, waste, fruit, vegetables, foodstuffs, paper or other litter or obnoxious
materials other than in receptacles provided for such purposes.
A.
Traffic laws. Vehicular traffic laws of the State of
New York apply to all Village of Chittenango parks.
B.
Vehicles. No unauthorized person shall drive a motorized
vehicle in any park within or upon a walk or any part of any park not designated
or customarily used for such purposes.
C.
Parking and standing. No owner or driver shall cause
or permit his vehicle to park or stand in other than designated parking spaces,
except a reasonable time in a drive to receive or discharge passengers.
D.
Recreational vehicles and power sleds. Power sleds and
motorized recreational vehicles are prohibited from all Village of Chittenango
parks at all times except in permitted vehicular travel areas and only then
by persons licensed and only if fully registered and insured in accordance
with the Vehicle and Traffic Law of the State of New York.
[Amended 6-20-1989 by L.L. No. 2-1989]
Except as otherwise provided by state or federal statutes, any person
committing an offense against any of the provisions of this article, or anyone
conspiring, abetting or assisting in the offense, shall be guilty of a violation
pursuant to the provisions of the Penal Law and, upon conviction thereof,
shall be punishable for each offense by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. In addition, the Village
of Chittenango Board of Trustees shall have such other remedies as are provided
by law to restrain, correct or abate any violation of this article and to
recover for damages incurred by the Village of Chittenango by reason of such
violation.
