[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.]
[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.
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:
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.
