Village of Munsey Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 5-11-2005 by L.L. No. 5-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 72.
Animals — See Ch. 76.
Trees — See Ch. 172.
[1]
Editor's Note: This local law superseded former Ch. 128, Parks, which consisted of Art. I, Prohibited Activities, adopted 4-7-1971 as Sec. G111 of the 1971 Code, as amended, and Art. II, Permit Procedure, adopted 10-10-2001 by L.L. No. 2-2001.
[Amended 1-8-2020 by L.L. No. 2-2020]
A. 
It shall be unlawful for any person to enter or remain in any public park located in and maintained by the Village of Munsey Park when that park is closed to the public.
B. 
The Board of Trustees shall determine and fix, by resolution, the hours when any public park located in and maintained by the Village of Munsey Park is to be closed to the public.
C. 
The hours when any public park located in and maintained by the Village of Munsey Park is closed to the public shall be posted at each entrance to that park.
D. 
No person shall enter, bathe, swim or skin dive with or without any type of diving equipment within any public body of water located within the Village, except in the course of a rescue or while performing duly authorized maintenance or upkeep of such body of water, as authorized by the Board of Trustees.
E. 
Fishing is prohibited in all parks of the Village unless duly authorized by the Board of Trustees.
No alcoholic beverages of any kind shall be permitted at any time in the public parks located in and maintained by the Incorporated Village of Munsey Park.
A. 
It shall be unlawful for any person to operate a motor vehicle as defined by § 125 of the Vehicle and Traffic Law, a snowmobile as defined in Article 47 of the Vehicle and Traffic Law, and all-terrain vehicles as defined in Article 48B of the Vehicle and Traffic Law, and any motorized bicycle, mini-bike, scooter or other similar motorized device in any public park.
B. 
This section will not apply to an ambulance as defined by § 100-b of the Vehicle and Traffic Law, an authorized emergency vehicle as defined by § 101 of the Vehicle and Traffic Law, or any motor vehicle owned or leased by the Village of Munsey Park or by any contractor engaged by the Village of Munsey Park, provided that the Village has expressly authorized its use in the public park.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
No permit shall be required for the use of Waldmann Memorial Park or Copley Park and the facilities therein except as follows:
A. 
Whenever any person, organization or group desires to use a certain area of a park for an exclusive not-for-profit noncommercial use for a period of one day or any part thereof, such person, organization or group shall make application to the Village Clerk, and shall set forth the name and address of the person, persons, corporation or association, organization or group sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; the charges or fees to be charged to members or persons attending; and any other information which the Village Clerk requires.
B. 
The Village Clerk shall present the application to the Board of Trustees at its regular meeting.
The Board of Trustees may issue a permit only after it determines that:
A. 
The proposed activity or use of the park will not unreasonably interfere with or detract from the proper enjoyment of the park by others.
B. 
The proposed activity is a not-for-profit noncommercial use.
C. 
The proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation.
D. 
The proposed activity or use is not unreasonably anticipated to incite the participants therein or others to be disorderly.
E. 
The proposed activity will not entail any additional expense to the Village.
F. 
The requested area or facilities have not been reserved for any other use or group on the day and hour requested in the application.
G. 
The proposed activity or use will be supervised or be under the immediate direction and control of responsible residents of the Village.
A. 
If the Board of Trustees determines that the applicant is to be permitted to use the area of the park requested, such approval of such permit may be conditioned upon the issuance of a certificate of insurance with the following coverages:
(1) 
A certificate of general liability insurance naming the Village of Munsey Park as an additional insured on the said policy with coverage in the amount of $2,000,000.
(2) 
All contractors engaged by the applicant shall have workers' compensation and disability insurance.
B. 
Such approval may be further conditioned upon an agreement by the applicant to indemnify and hold harmless the Village in the event that any damage or destruction is caused by the members of such organization or as a result of such applicant's use.
C. 
No such permit shall be issued until the applicant complies with all the aforesaid conditions.
Applicant shall be required to promptly repair any and all damage or destruction caused by virtue of the use of the park and shall be required to restore the park to the condition that existed prior to the event.
All applications shall be submitted at least 45 days prior to the date requested, in order that the request may be placed on the agenda for the Board of Trustees meeting. The applicant is requested to attend the meeting in order to answer any questions put forth by the Board of Trustees.
The Clerk shall notify the applicant within five days after the decision as to whether or not the permit has been granted and, if so granted, of any reasonable conditions that may be imposed by the Board of Trustees.
All permits shall be subject to the laws and rules of the Incorporated Village of Munsey Park.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.