[HISTORY: Adopted by the Board of Trustees
of the Village of Newark Valley 9-12-1977 byL.L. No. 4-1977.
Amendments noted where applicable.]
The purpose of this chapter is to promote and
preserve the health, safety and general welfare of the public and
to maintain peace and order in the Village of Newark Valley and to
regulate the use of those areas designated as Village property or
Village parks.
It shall be presumed that any alcohol, spirits,
wine, beer or cider which is commercially prepared and sold under
a brand name contains more than 3.2% of alcohol by volume. This presumption
shall be rebuttable.
The following definitions shall be applicable
to this chapter:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, capable of being consumed
by a human being and containing more than 3.2% of alcohol by volume.
Includes any of the following:
[Added 10-3-1994 by L.L. No. 1-1994]
A container not (or no longer) securely capped, corked or
sealed, and includes a can or similar container which has been perforated
or a container on which the secure capping, sealing or corking (normally
provided by the manufacturer of the alcoholic beverage) has been disturbed,
as would be exemplified by containers on which the cap has been loosened
or the cork displaced or the seal torn or mutilated.
[Added 10-3-1994 by L.L. No. 1-1994]
A place or area to which the public or a substantial number
of persons have access, including but not limited to highways, sidewalks,
transportation facilities, schools, places of amusement, parks and
playgrounds and hallways, lobbies and other portions of apartment
houses, motels and hotels not constituting rooms or apartments designated
for actual residences.
The area commonly known as the "Village Green," which is
bounded northerly by Rock Street, southerly and easterly by Park Street
and westerly by Route 38, and the area commonly known as the "Trout
Ponds," which is described in deeds recorded in Liber 263 of Deeds,
page 453, and Liber 348 of Deeds, page 926, Tioga County Clerk's Office,
and the open area at the southwesterly corner of the intersection
of Main Street and Water Street, presently designated on the Village
Tax Map as No. 64.15-3-39.00, and any other areas hereafter designated
as park areas by the Village Board.
[Amended 10-3-1994 by L.L. No. 1-1994]
Any other real property, with or without improvements thereon,
which is owned, operated or otherwise under the control of the Village
of Newark Valley.
The offenses defined in Article 240 of the Penal
Law of the State of New York, titled "Offenses Against Public Order,"
shall be applicable to all public places, Village property and Village
parks, as defined by this chapter.
[Amended 10-3-1994 by L.L. No. 1-1994]
No person shall consume any alcoholic beverage
or possess an open container containing any alcoholic beverage with
intent to consume the same in any public place except while in possession
of a license or permit issued by the Alcoholic Beverage Control Board
or a permit issued by the local authority as hereinafter set forth.
A.
Camping. Camping is prohibited in park areas except
by permission of the Village Board.
[Amended 10-3-1994 by L.L. No. 1-1994]
B.
Solicitation. Except as authorized by permit issued
by the Village Clerk-Treasurer, no person or organization shall post
or distribute advertising matter or sell or offer for sale any merchandise,
tickets, service or any other thing of value or solicit within the
park areas in connection with things to be sold or provided outside
of any park areas.
C.
Pets and animals. No person shall keep or permit any
animal, except household pets on leashes or in cages or horses on
designated bridle paths, upon park property. Any animal found at large
upon park property may be seized or impounded.
D.
Conduct.
(1)
No person shall disobey an order of a peace officer
or superintendent of any park when such officials are engaged in enforcing
any law or regulation in the park areas, and the use of threatening,
abusive or insulting language to such officials is prohibited.
(2)
No person shall:
(a)
Injure, steal or molest park property, including
road and trail barricades, flowers, lawns, plants, shrubs, trees,
toilet facilities, garbage receptacles, benches, tables, pavilions
or any other improvements, facilities and property located in park
areas.
(b)
Do any obscene act or throw stones or missiles.
(c)
Obstruct roads, walks or dams.
(d)
Possess or set off fireworks except by permission
of the Village Board.
[Amended 4-11-2006 by L.L. No. 1-2006]
(e)
Engage in fights, brawls or violent or threatening
behavior.
(f)
Make unreasonable noise.
(g)
Throw or deposit bottles, glass, cans, paper,
garbage, refuse or litter in any place except the receptacles provided
for such purpose.
(h)
Carry, consume or possess with intent to consume
any alcoholic beverage without obtaining a permit therefor from the
Village Clerk-Treasurer's office.
[Amended 10-3-1994 by L.L. No. 1-1994]
[1]
No person under the legal drinking age, as dictated
by the State of New York, shall possess or consume any alcoholic beverage.
Any alcoholic beverage found to be in the possession of any person
under the legal drinking age, as the same is determined and dictated
by the State of New York, may be confiscated by any peace officer
or park superintendent.
[Amended 10-11-1999 by L.L. No. 8-1999]
[2]
Alcoholic beverages may be carried only in unopened
containers, and consumption of such beverages shall be restricted
to picnic areas.
(i)
Drive or propel motor vehicles on lawns or other
park property off the established roads and parking areas, except
as designated or permitted by park officials.
(j)
Carry, use or have in his possession any gun,
firearm, bow and arrow, slingshot, air rifle, ammunition, dangerous
weapon or appliance or explosive within a park area without first
obtaining a permit therefor from the Village Clerk-Treasurer.
(k)
Hunt, trap, drive or abuse any game within the
park areas except by permission of the Village Board. Fishing will
only be allowed in the East Branch of the Owego Creek.
[Amended 4-11-2006 by L.L. No. 1-2006; 10-13-2015 by L.L. No. 3-2015]
E.
Fires.
(1)
No person shall start or maintain a fire except in
the fireplaces provided for such purpose or at places specifically
designated by the superintendent or any official in charge of the
park area.
(2)
All fires shall be continuously under the care and
supervision of a competent person. No person shall allow any fire
to injure or destroy any shrub, tree or branches thereof or discard
or throw matches, cigarettes or cigars in such a manner as to create
a fire risk of any sort.
F.
Bathing. Bathing and skin or scuba diving in park
areas is prohibited unless a bathing area is specifically designated
and protected by lifeguard service.
G.
Meetings and group activities. No person or organization
shall erect any structure, stand or platform, hold any meeting, perform
any ceremony, make a speech, address or harangue, exhibit or distribute
any sign, placard, notice, declaration or appeal of any kind or description,
exhibit any dramatic performance or perform in whole or in part any
play, dance, opera, comedy, tragedy, fair, motion picture, circus,
carnival, acrobatic show or show or performance of any other kind
or nature nor run or race any horse or other animal or, being in a
vehicle, race with another vehicle or animal in park areas without
first obtaining a written permit therefor from the Village Clerk-Treasurer.
H.
Snowmobiles and other vehicles and devices. No person
shall use roller skates or skateboards or operate a motorcycle, go-cart,
minibike, snowmobile or other unlicensed vehicle within park areas
except in such places therein as may be specifically designated for
such purposes by the Village Board.
I.
Reservations and permits.
(1)
Reservations for the picnic pavilion or for other
uses of the parks shall be made at the Village Clerk-Treasurer's office
in accordance with such rules and regulations, consistent with the
provisions of this chapter, as the Village Board of the Village of
Newark Valley may adopt.
(2)
The Village Board shall establish and adopt such rules
and regulations as it deems necessary and appropriate for the issuance
of permits for the use of the park areas, consistent with the provisions
hereof, and for the purpose of effectuating the provisions of this
chapter.
A.
The rate of speed of any motor vehicle being operated
in any park area shall not exceed 15 miles per hour.
B.
No vehicle shall be parked in any place except duly
designated parking areas, nor in excess of posted time limits. Parking
must also be in accordance with the instructions of the park officials
in charge of parking areas.
C.
Every driver of a vehicle operated on a park road
and in any parking area in any park shall comply with the instructions
of any parking or regulatory sign.
D.
The Village of Newark Valley Police Department is
hereby authorized to post and maintain appropriate control of regulatory
signs for traffic and for persons using the park areas.
A.
No person shall be in or upon the Village park designated
as Trout Ponds between the hours of 9:00 p.m. and 7:00 a.m., except
in attendance at a meeting, game, fair or other activity which is
being held pursuant to a written permit issued by the Village Clerk-Treasurer.
[Amended 7-11-1983 by Res. No. 25-83; 4-11-2006 by L.L. No. 1-2006]
B.
In all other park areas, the Village Board shall be
empowered to establish and adopt rules and regulations designating
hourly limitations applicable to such areas, which shall be consistent
with the provisions of this chapter.
C.
The Village Board shall be empowered to establish
such other rules and regulations with respect to usage and operations
in Village parks in cases of emergency, curfew, repairs and similar
situations.
Any violation of this chapter shall be punishable
in accordance with the penalties established for violations committed
under the Penal Law of the State of New York by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days or by both
such fine and imprisonment, except that any violation of a provision
regulating motor vehicle traffic under this chapter shall be considered
a traffic infraction and shall be punishable in accordance with the
provisions of the Vehicle and Traffic Law of the State of New York.
