Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fishkill 5-19-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
Dogs, waterfowl and other animals — See Ch. 58.
Fees — See Ch. 68.
Fire prevention — See Ch. 74.
Garbage, rubbish and refuse — See Ch. 90.
Mobile home parks — See Ch. 106.
Vehicles and traffic — See Ch. 143.
As used in this chapter, the following terms shall have the meanings indicated:
All parks, playgrounds, athletic fields, swimming pools, beaches, canals, bays, lagoons or inlets, Town-owned lands and land under water owned by the Town of Fishkill, and other recreation areas under the jurisdiction of the Town Board, such other rights and appurtenances as the Town Board may utilize, whether the same be now or hereafter owned or acquired by the Town of Fishkill in fee or otherwise, including all land under and space above the surface of the ground.
Use of Town parks shall be restricted as follows:
Every Town resident entering the Town park shall be required to identify himself as a Town resident or to present an official identification tag or sticker which must be affixed to the car window. Such identification tag or sticker may be purchased from the Town Clerk, the park attendant or any other such person duly authorized and appointed by the Town Board, the fee for which shall be determined from time to time by the Town Board.
The Town Board shall from time to time determine, by resolution, which Town parks shall be restricted to Town residents and which shall be open to the general public and shall fix the amount of the fee or fees to be charged to nonresidents for admission to those parks designated as open to the general public.
No trucks or buses shall be admitted to any of the parks except by special permission from the Town Board or appointed park attendant.
A "resident" of the Town of Fishkill is a person who resides in the Town.
A resident may have guests in his company.
No person under 12 years of age shall be admitted to any park unless accompanied by an adult who shall assume full responsibility for his safety and conduct.
[Amended 8-17-1995 by L.L. No. 5-1995]
Parks shall be opened and closed at times designated by the Town Board as follows:
From March through October, all Town parks shall be opened at 6:00 a.m. and be closed at dusk, 1/2 hour after sunset, with the exception of Geering Park and other lighted Town parks which shall remain open until 11:00 p.m.
From November through February, hours for all Town parks shall be 7:00 a.m. to 6:00 p.m.
These hours shall remain in effect unless otherwise posted. Opening and closing times for the various facilities shall be posted for the convenience of the public. No overnight parking, housing or camping shall be allowed except by a special permit from the Town Board.
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 of said permit. Any violation by its holder of any terms or conditions shall constitute grounds for revocation by the Town Board or its authorized representative. Applications for all permits shall be made to the Town Clerk in the Town Hall or to such other person and at such other places and in such other manner as the Town Board shall direct.
No person shall make use of or gain admittance to or attempt to use or gain admittance to the facilities of any park for the use of which a charge is made by the Town Board unless he shall pay the charge or fee as fixed by the Town Board.[1]
Editor's Note: As to fees generally, see Ch. 68.
The Town will not be responsible for loss, damage or theft to cars and their contents, to private property, nor to the contents of lockers. Such loss, whether inside of buildings or on the grounds of the park, shall be the patron's responsibility.
No person shall bathe, wade or swim in any waters of any park except at such times and places and in such proper attire as the Town Board may designate. Such designated bathing areas shall be kept free from any form of water equipment that may cause inconvenience or discomfort to bathers, except such equipment intended for the protection of life. Anyone swimming or bathing in any waters of any park does so at his own risk. No person shall dress or undress in the park except in such bathing houses or places as may be maintained.
No person shall operate a boat, vessel or other watercraft or contrivance used or capable of being used as a means of transportation in water or air, upon any of the waters within the Town of Fishkill or upon any of the waters in any lagoon, creek, bay, inlet or canal under the jurisdiction of the Town Board, which said operation causes discomfort or inconvenience to any person or patron by reason of speed, noise or causing the disturbance of the land under the waters.
No boat, vessel or other craft or contrivance for the purpose of towing skis or any other form of aquatic sports or games shall be operated within 500 feet of the shoreline of any beach.
The person designated by the Town Board as being in charge of the park shall designate the area to be occupied, and he or his assistants shall regulate the use of recreational facilities, under the supervision of the Town Board, so as to prevent congestion and shall distribute patrons of the park over the park area in order to ensure the maximum use of the park area, and in behalf of the comfort of said patrons, all organized picnics and outings shall first obtain a special permit from the person in charge of the park.
No person shall erect any structure, stand or platform; hold any meeting; perform any ceremony; make a speech or address; exhibit any performance or form any parade or procession in any park except by special permit from the Town Board.
Fishing is prohibited in the vicinity of any bathing area in any park during the bathing season.
No person shall kindle, build, maintain or use a fire within the confines of any park except in grills, both private and those provided for that purpose by the Town, from the location where placed by the Town to any other location within or without the park. No fuel may be used for any fire in any park except charcoal, sterno or bottled gas. No fire in any park shall be started, kindled or maintained by any person under the age of 21 years, and any person who starts or kindles any fire shall keep it under his continued care and direction and shall extinguish it. No fire which may be classified as a bonfire will be permitted.
No person shall play any ball games or other game except in such places designated for such use, nor engage in toy aviation, golf playing or driving or model boating unless by express permission of the attendant in charge of the park.
No person shall tent or camp or erect or maintain a tent, lean-to, shelter or camp in any park except by special permit of the Town Board or Recreation Commission.
[Amended 10-19-1992 by L.L. No. 7-1992]
No person owning or being custodial of any animal shall cause or permit such animal to enter any parks within the Town of Fishkill except those designated and in the specific area designated. The animal must be on a leash at all times. Owners shall be responsible for immediate cleanup of any excrement deposited by their animals. Any animal in violation of this section shall be subject to seizure by the Animal/Dog Control Officer.
Editor's Note: See also Ch. 58, Dogs, Waterfowl and Other Animals.
No person shall solicit alms or contributions for any purpose. No person shall post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars or advertisements or any other matter for advertising purposes unless by permit.
No person shall leave, throw, lay, drop or discharge into or on the park any tin cans, bottles, refuse, garbage, rubbish or waste. Papers, cartons or any other type of litter must be placed in receptacles for that purpose.
Editor's Note: See also Ch. 90, Garbage, Rubbish and Refuse.
No person shall use or dispose of any beverage containing alcohol, including but not limited to beer, in any park, or drink or consume any beverages of an alcoholic nature unless special written consent is first obtained via § 111-5 of this chapter, which consent shall be granted only if the public safety and welfare will not thereby be adversely affected.
No person shall deface, injure, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or any material or substance; remove or destroy any structure, building or any appurtenance connected with the park or any other property or equipment, real or personal, owned by the Town of Fishkill or under the jurisdiction and control of the Town Board.
All local laws and/or ordinances of the Town of Fishkill regarding traffic and motor vehicles shall form or constitute a part of this chapter. However, such additional directions for traffic and motor vehicles as may be posted on signs shall be regarded as part of this chapter for traffic control. In parking areas, all persons shall comply with the directions of parking attendants. The speed limit through the park shall be 15 miles per hour.
No person shall operate any unregistered motor vehicle, motorbike, snowmobile, motorcycle or mopeds within the limits of the parks. No person shall operate any motor vehicle, motorbike, snowmobile or motorcycle on any property within the parks except on the roadways or parking lots.
Editor's Note: As to vehicles and traffic generally, see Ch. 143.
Every person shall conduct himself in an orderly manner and shall endeavor to cause no discomfort or inconvenience to any other person or patron.
[Amended 7-6-1981 by L.L. No. 11-1981]
Any person who shall violate the provisions of this chapter or the rules and regulations adopted hereunder shall be guilty of a violation and shall, upon conviction, be liable to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both.
[Added 7-20-2016 by L.L. No. 1-2017]
Ice skating in any Town park is prohibited except at such times and places as the Town Board may designate. Any person ice skating or otherwise entering upon or crossing over any frozen waters of any Town park does so at his or her own risk.