[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:
The Town of Deerpark Town Board.
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.
Any firm, partnership, corporation, association or legal
representative, acting jointly or individually, excluding the authorized
agents, officers or employees of the Town of Deerpark.
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 of the Town of Deerpark.
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.
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.
