[HISTORY: Adopted by the Town Board of the Town of Greenport 6-4-2003 by L.L. No. 4-2003; amended in its entirety 10-1-2003 by L.L. No. 6-2003. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 44.
Animals — See Ch. 46.
Fire prevention — See Ch. 70.
Garbage, rubbish and refuse — See Ch. 72.
Littering — See Ch. 83.
This chapter shall be known and may be cited as the "Park Law."
The Town Board of the Town of Greenport 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 the Greenport Town Park, including the prohibition of possession of open containers of alcoholic beverages and possession of illegal drugs in said park.
A. 
For the purpose of this chapter, the following terms shall have the meaning 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, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
DRUG
Those drugs defined as "controlled substances" by § 222.00 of the Penal Law of the State of New York.
HEAD GROUNDSKEEPER
The individual appointed by the Town of Greenport Town Board as the designated groundskeeper of the park to maintain the grounds of the park, or his/her authorized agent or representative.
[Added 12-1-2010 by L.L. No. 8-2010]
PARK
The Greenport Town Park located on Joslen Boulevard and playgrounds, recreational facilities or recreation areas owned and maintained by the Town of Greenport at the Town Park, and all buildings, structures, shelters, facilities and improvements located in the Town Park.
B. 
All other terms shall have the meanings normally ascribed to them in regular usage.
The park opens 1/2 hour after sunrise and closes 1/2 hour after sunset, except when a use permit issued by the Town Supervisor, or the supervisor's designee, provides otherwise.
A. 
The park will not provide receptacles for the depositing of rubbish, paper, garbage, or refuse matter.
B. 
Any person that uses the park is responsible for removing from the park any rubbish, paper, garbage, or refuse matter generated by such use.
C. 
No person shall deposit, dump, or throw any rubbish, paper, garbage or refuse matter of any kind in or upon any part of park. Glass containers of any kind are prohibited.
No animals are permitted in the park.
Firearms of any kind, slingshots, bows and arrows, or similar items are prohibited from the park.
No person shall hunt game within the boundaries of the park.
No person shall climb any tree; injure or deface any part of the park or any buildings, signs, equipment or other property found therein; or remove, cut down, injure or destroy any tree, flower, shrub, ornament, statue, fence, bridge, structure, or other property within the park or park approach or within any other area under the control of the Town of Greenport.
A. 
No person shall operate or cause to be operated any radio, phonograph, musical instrument or other similar sound-emitting instrument or device in the park at any time in such a manner or with such volume as to unreasonably annoy or disturb any persons.
B. 
No person in the park shall, within the presence or hearing of others, use offensive, disorderly, threatening, obscene or insulting language, conduct or behavior.
A. 
No motorized recreational vehicles such as snowmobiles, all-terrain vehicles (ATVs), and off-road motorcycles are allowed in the park.
B. 
Parking of passenger vehicles in the park on other than designated parking areas is prohibited.
C. 
Passenger and maintenance vehicles are restricted to speeds not in excess of 10 miles per hour on roads within the boundaries of the park.
D. 
All passenger vehicles that use the park must be legally registered with the New York State Department of Motor Vehicles.
E. 
At all times vehicles must yield to pedestrians using the park.
A. 
No person shall have in his or her possession any open bottle or container containing alcohol, beer, cider, liquor, spirits and wine or other alcoholic beverage while such person is in the park.
B. 
No person shall have in his or her possession any drug while such person is in the park.
C. 
Smoking.
[Added 8-1-2012 by L.L. No. 4-2012[1]]
(1) 
Whereas smoking is responsible for the premature deaths of thousands of Americans each year from lung cancer, heart disease, respiratory illness and other diseases and whereas children exposed to secondhand smoke are more likely to have reduced lung function and symptoms of respiratory irritation, like coughing, excess phlem and wheezing, it is determined by the Town Board of the Town of Greenport that it is in the public interest to ban smoking in the Greenport Town Park.
(2) 
"Smoking" is defined as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
(3) 
It shall be a violation of this section for any person to smoke within the property limits of the Greenport Town Park, Joslen Boulevard, both indoors and outdoors. Upon the effective date of this section, the Superintendent shall cause "No Smoking" signs to be posted throughout the Greenport Town Park as necessary to give notice to all visitors that smoking is prohibited therein.
[1]
Editor's Note: This local law also changed the title of the section from "Alcoholic beverages and drugs prohibited" to "Smoking, alcoholic beverages and drugs prohibited."
A. 
No group of 10 or more persons shall jointly use a park facility unless a use permit for such use shall be obtained.
B. 
The Town Board, by resolution, shall set a fee for the issuance of the use permit and may require that applicants post a security deposit prior to the issuance of the use permit.
C. 
The Town Board may, by resolution, establish the procedure and requirements that the Town Supervisor or the Supervisor's designee must follow to issue a use permit.
D. 
An application for a use permit shall be made to the Town Supervisor or the Supervisor's designee.
No person, firm or corporation shall sell or offer for sale within the park any property or privilege whatsoever unless authorized by the Town Supervisor or the Supervisor's designee.
A. 
No wood fires are permitted in the park. All fires must be set and contained in park grills using only charcoal. All charcoal must be disposed of by the user of the grill.
B. 
No fire of any kind may be set under the park pavilion.
C. 
Any person that sets and maintains a fire in one of the park grills is responsible for extinguishing the fire before leaving the fire unattended.
Only authorized personnel are permitted to make adjustments to the ball fields in the park.
[Amended 12-1-2010 by L.L. No. 8-2010]
A. 
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 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that the violation of this chapter is committed or is permitted to exist shall constitute a separate offense.
D. 
This chapter shall be enforced by the Head Groundskeeper, the Code Enforcement Officer of the Town of Greenport, the Greenport Police Department, or their authorized representative.
E. 
Whenever it is determined that there has been a violation of any provision of this chapter, a violation notice and/or order to cease and desist may be issued to any person not complying with prohibitions, limits, requirements or provisions of this chapter.
F. 
Violation notices/orders to cease and desist shall be in writing and shall identify the individual violating the statute and shall state the date and nature of the offense.
G. 
When necessary, the Head Groundskeeper, Town Enforcement Officer, Greenport Police Department, or their authorized representative, shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket, directing a designated person to appear in court at a designated time in connection with the commission of a violation of the provisions of this chapter.
H. 
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, notwithstanding the previous provisions of this section, for a penalty or other punishment.
I. 
Whenever an alleged violation of the Town’s rules and regulations occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Head Groundskeeper who shall properly record such complaint and immediately investigate and report thereon. All such complaints shall be signed by and bear the address of the complainant.