[Adopted 5-8-1978]
This article shall be known as the "Usher Park Ordinance of the Town of Lake George, New York."
The purposes of this article are the protection of government, order, conduct, the general welfare, safety, morals, health and well-being of the persons using Usher Park.
Nothing herein contained shall be construed to prevent the adoption or enforcement of a law, ordinance or regulation which is more restrictive or establishes higher standards than those provided in this article.
This article shall apply to all persons present in, using the facilities of or in any way conducting themselves in any manner having relevance to Usher Park.
A. 
The word "shall" is mandatory, not discretionary; the word "may" is permissive.
[Amended 7-11-1994 by L.L. No. 1-1994]
B. 
Whenever used in this article, the following terms shall have the meanings indicated:
ATTENDANT
A person in the employ of the Town of Lake George having the responsibility of management of the park.
PARK
Usher Park, a neighborhood park owned by the Town of Lake George and located on the west side of Route 9L, approximately three acres in size.
PERSON
Any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, joint venture, bureau, agency, service club, trust, office or the officer, agent or employee of the foregoing.
POLICE OFFICER
Any member of a law enforcement agency having jurisdiction in the park.
TOWN BOARD
The Town Board of the Town of Lake George.
[Amended 9-12-2022 by L.L. No. 5-2022]
A. 
Hours of operation. The hours of operation of the park shall be at the discretion of the Board, but in any case shall not be earlier than 6:00 a.m. or later than 10:00 p.m.
B. 
Alcoholic beverages and outdoor cooking. There shall be no alcoholic beverages and/or outdoor cooking in the park at any time, except with the express permission of the Board by majority vote.
C. 
Age requirements. No person under the age of eight shall use the park unless accompanied by a person 14 years old or over.
D. 
Park equipment. No person shall use any park equipment owned by the Town of Lake George without first having signed for the same with a park attendant, and the person signing shall return equipment the same day.
E. 
Other equipment. Other equipment owned by a person other than the Town of Lake George shall not be used in the park without the permission of an attendant.
F. 
Activities. The following activities may be conducted in the park. Any other activity may be conducted in the park only with the permission of an attendant:
(1) 
Basketball.
(2) 
Tennis.
(3) 
Volleyball.
(4) 
Shuffleboard.
(5) 
Badminton.
(6) 
Use of playground.
(7) 
Picnics.
(8) 
Walking.
(9) 
Pickleball.
G. 
Domestic animals prohibited.
(1) 
It shall be unlawful for any person to bring or otherwise possess any domestic animal of any kind, leashed or otherwise, within the area designated as the Ushers Park Beach and Ushers Park and Playground. Users who bring domestic animals onto the beach will be asked to leave immediately.
(2) 
The only exemption from this rule is for guide dogs, service dogs and hearing dogs, per New York State Civil Rights Law, Article 4-B, and the Americans with Disabilities (ADA) Act. Note that New York law applies only to dogs, not other animals.
(a) 
A service dog is a dog that has been, or is being, trained to work or perform tasks for a person with a disability (including psychiatric disabilities).
(b) 
A guide dog is a dog that has been, or is being, trained to assist a person who is blind.
(c) 
A hearing dog is a dog that is being or has been trained to assist a person with a hearing impairment.
(3) 
The ADA or New York definition does not include what some call "emotional support animals," animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not trained to perform specific tasks for their handlers. Under the ADA and New York law, owners of public accommodations are not required to allow emotional support animals, only service dogs (which includes psychiatric service dogs). These laws also do not apply to regular pets.
Any person directed to leave the park by an attendant or police officer shall do so immediately or be in violation of this article. Such person may return to the park only with the express permission of the attendant or police officer who directed said person to leave the park or by the express permission of the Board.
Any person directed to leave the park (see § 117-7) shall have the opportunity to be heard by the Board at any regular Board meeting subject so such request being in writing and presented to the Town Clerk at least five days prior to said meeting.
[Amended 7-11-1994 by L.L. No. 1-1994]
Any violation of this article shall be punishable, for each violation, by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
This article may be amended from time to time with respect to the rules and regulations set forth herein by a majority vote of the Town Board at any regular Town Board meeting.