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.
[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:
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.