Town of Deerpark, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Deerpark as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-28-1983 by Ord. No. 1-1983]
By the adoption of this article the Town of Deerpark declares its intent to regulate and prohibit motor traffic upon the lands in the Town of Deerpark known as Boehmler Park in order to protect the park lands and the property thereat.
It shall be unlawful and an act of trespass in violation of this article for any person, firm or corporation to cause to be upon, over or traverse any portion of the lands known as Boehmler Park, acquired from William Boehmler, with a motor vehicle or motor cycle or other motorized unit, licensed or unlicensed, unless the same be a police vehicle, a public utility vehicle on lawful business, an authorized Town vehicle or any person, firm or corporation authorized in writing by the Supervisor of the Town after a written agreement for such activity authorized by the Town Board.
Any person, firm or corporation who violates any provision of this article shall be guilty of a violation and, upon conviction thereof, shall be fined not more than $250. Each commission of a single act prohibited by this article shall constitute a separate violation hereof, and each day of such violation shall constitute a separate offense, punishable as such.
[Adopted 5-3-2004 by L.L. No. 1-2004]
As used in this article, the following terms shall have the meanings indicated:
BOARD
The Town of Deerpark Town Board.
FACILITY
Any building, picnic area, fishing area, or park area owned or leased by the Town of Deerpark, with the exception of buildings housing municipal offices.
ORGANIZATION
Any firm, partnership, corporation, association or legal representative, acting jointly or individually, excluding the authorized agents, officers or employees of the Town of Deerpark.
PERSON
Any individual, family, or nonorganized group, association or legal representative, acting individually or jointly, excluding the authorized agents, officers or employees of the Town of Deerpark.
SUPERVISOR
Supervisor of the Town of Deerpark.
TOWN LANDS
Any applicable parcel of land, including the structures and buildings located thereon.
Requests for use of Town lands must be received a minimum of 30 days prior to the intended date of use.
A. 
Any person, regardless of his place of residence, shall be entitled to use Town of Deerpark facilities and lands in the manner provided hereby.
B. 
All facilities will be open for public use from 8:00 a.m. to 9:00 p.m. daily unless special approval has been granted by the Board.
C. 
Persons wishing to reserve Town facilities for specific use shall first apply at the Town Clerk's office on the approved application form with all requisite documentation. Applications shall be approved or denied by the Town Clerk. Denial of use may be appealed to the Board.
[Amended 3-24-2008 by L.L. No. 4-2008]
D. 
The use of all recreational and park facilities shall be subject to the rules of the Town of Deerpark Recreation Committee, as approved by the Board.
E. 
The fee for the use of pavilions is $25 per day, payable upon application. This fee may be changed from time to time by resolution of the Board.
F. 
Adult supervision is required for any activity involving persons less than 18 years of age. There shall be a minimum of one adult per each 10 persons less than 18 years of age.
G. 
All organizational users must provide the following documentation to the Town Supervisor upon application:
(1) 
A current valid certificate of insurance naming the Town of Deerpark, PO Box A, Huguenot, NY 12746 as additional insured for the date(s) applied.
(2) 
Comprehensive general liability limits of at least $1,000,000 per occurrence/$2,000,000 aggregate.
(3) 
Request shall not be processed unless all requisite documentation is provided at time of application.
H. 
Persons applying for use of Town lands must provide either:
(1) 
A valid certificate of insurance naming the Town of Deerpark as additional insured.
(2) 
A signed hold harmless agreement.
A. 
Building #2 - playground and ball fields.
B. 
Boehmler Park picnic and fishing areas.
C. 
Sharon Park picnic and fishing area.
D. 
Myers Grove picnic and fishing area.
E. 
Westbrookville Water Co. ball field.
F. 
Harriet Space Park and pavilion.
G. 
Sparrowbush Park and pavilion.
H. 
Any other parcel which may be purchased or leased by the Town of Deerpark, and approved for use by the Board.
The following are permitted activities:
A. 
Fishing from the shoreline of any body of water, or from a nonmotorized or battery-powered boat, within the areas specifically designated for such activity.
B. 
Picnicking at areas designated for such use.
C. 
Any other activity that may be authorized and for which a permit has been issued, pursuant to the rules and regulations for use of certain public buildings and premises owned or leased by the Town of Deerpark as contained in this article.
A. 
All posted rules and regulations shall be adhered to.
B. 
Drugs, alcohol and the consumption thereof are expressly prohibited from all Town property.
C. 
Any activity that is not specifically permitted on applicable Town of Deerpark owned or leased property shall be prohibited. Prohibited activities shall include but are not limited to:
(1) 
Swimming, wading or bathing.
(2) 
Ice skating.
(3) 
Obstructing vehicular or pedestrian traffic.
(4) 
Congregating with other persons and refusing to comply with a lawful order of law enforcement officers to disperse.
(5) 
Creating, or causing to be created, a hazardous or physically offensive condition by any act which serves no legitimate purpose.
(6) 
Discharging of firearms or fireworks.
(7) 
Hunting or trapping.
(8) 
Picnicking or camping in areas not designated for such activity.
(9) 
Camping of any kind without specific permit.
(10) 
Littering.
(11) 
Defacing of Town property.
(12) 
Vandalism.
(13) 
Engaging in violent behavior, fighting or threatening behavior.
(14) 
Making unreasonable noise.
(15) 
Selling, peddling, or hawking of food, beverages or wares without specific permit.
(16) 
Camp fires.
(17) 
Glass containers.
(18) 
Profanity, objectionable language, disorderly conduct or illegal or illegitimate activities are expressly prohibited.
(19) 
Horse riding.
(20) 
Motorized transportation of any kind (ATV, motorcycle, snowmobile, minibike).
(21) 
Soap shall not be used in any open waterway.
(22) 
Logging.
(23) 
No pets are allowed on Town property.
A. 
Nothing herein shall act to deprive or limit the lawful right of any owner, or their authorized agent or guest, from using Town lands, or any part thereof, in a manner entitled to by virtue of specific rights, as conveyed via legal instrument affecting title recorded prior to the acquisition of a specific property by the Town of Deerpark.
B. 
Parking of motor vehicles shall be permitted on Town lands only in designated areas during open hours. Parking from 9:00 p.m. to sunrise will be granted by specific application only.
A. 
Damage to facilities (including playing fields and equipment) shall be promptly repaired at the user's expense.
B. 
Doors shall be closed and locked before leaving the premises.
C. 
Lighting shall be turned off before leaving the premises.
D. 
Rest rooms shall be cleaned before leaving premises.
E. 
All trash shall be removed from the site.
All rules or regulations promulgated by the Board for activities conducted on Town lands shall be considered a condition of allowing such activity on Town lands and, if such a regulation is not properly complied with, it shall be a violation of this article.
This article shall apply to all Town lands, including any bodies of water located thereon.
Any person or organization violating the provisions of this article shall, upon conviction thereof, be guilty of a violation and shall be subject to the payment of a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each violation shall be considered a separate and additional violation, not withstanding the penalty hereinbefore provided. The Town of Deerpark may enforce obedience of this article or any part thereof by injunction to restrain such violations.