[HISTORY: Adopted by the Village Board of Trustees of the Village
of Pleasantville 11-22-1993 by L.L. No. 24-1993.
Amendments noted where applicable.]
GENERAL REFERENCES
Public places — See Ch. 142.
This chapter shall be known as the "Parks Law of the Village of Pleasantville."
The purpose of this chapter shall be to preserve the public peace and
good order on lands operated as public parks by the Village of Pleasantville
and to contribute to the safety and enjoyment of the users of such parkland
by regulating the hours of use and the use of motorized vehicles and by prohibiting
certain activities antagonistic to customary park recreating use.
For the purpose of this chapter, the terms used herein are defined as
follows:
A person who is a member of the Advisory Board.
An organization exempt from the payment of income tax under the applicable
provisions of the Internal Revenue Code of 1954 and any amendments thereto.
A park, reservation, playground, waters therein or any other recreation
area in the Village owned by the Village and devoted to recreation purposes.
Park shall also be deemed to include any building or recreation facility located
on Village property used for recreation purposes.
A person who is appointed and/or employed by the Village Board of
Trustees and in charge of any park area and/or the activities conducted thereon.
A park official is also any employee or duly appointed official of the Village
of Pleasantville who is conducting any activity or is working or employed
in any area in the park for park or recreation purposes.
The Pleasantville Parks and Recreation Advisory Board appointed by
the Village of Pleasantville Board of Trustees.
The person appointed by the Village Board of Trustees of the Village
of Pleasantville who has direct responsibility for the overall recreation
programs in the Village, as well as the parks and playgrounds owned by the
Village.
The person appointed by the Village Board of Trustees of the Village
of Pleasantville who is responsible for the day-to-day operations of all Village
services.
The Village Board of Trustees of the Village of Pleasantville.
A.
All parks in the Village of Pleasantville shall be open
to the public every day of the year between the hours of 8:00 a.m. and dusk
and shall otherwise be closed except as hereinafter set forth. No field in
the Village of Pleasantville may be used for organized sporting events prior
to 11:00 a.m. on Sundays. Parkway Field II may remain open until 10:00 p.m.
for usage scheduled by the Parks and Recreation Department, and the lights
shall be extinguished by that time. No person or persons shall enter upon
or remain in the park or any buildings or grounds thereof between dusk and
8:00 a.m., except as set forth for Parkway Field II, and except as otherwise
authorized by the Village Board of Trustees by duly adopted resolution. The
opening and closing hours of a park shall be posted at each entrance of the
park so that such opening and closing will be easily noticeable by the public.
[Amended 4-26-1999 by L.L. No. 4-1999; 5-29-2002
by L.L. No. 7-2002]
B.
The Parks and Recreation Advisory Board is hereby authorized
to recommend any additional rules and regulations with respect to park and
recreation facilities of the Village and with respect to the conduct of the
public in said parks, provided that such rules and regulations are not inconsistent
or in conflict with the provisions herein set forth, and provided that any
changes herein shall be approved by the Village Board of Trustees.
C.
In case of an emergency or when, in the judgment of the
Village Administrator after consultation with the Superintendent of Parks
and Recreation, the public interest demands it, any park or portion of a park
may be closed to the public until permission is given to reopen it.
A.
No permit shall be required for the use of the park and
the facilities therein except as follows:
(1)
Whenever any organization or group desires to use a certain
area of the park for its exclusive use for a period of one day or any part
thereof, such organization or group shall make application to the Superintendent
of Parks and Recreation and shall set forth the name and address of the organization
or group; the name and address of the person, persons, corporation or association
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, if
otherwise permitted as aforesaid, being charged to members or persons attending;
and any other information which the Superintendent of Parks and Recreation
should be issued hereunder.
(2)
If the Superintendent of Parks and Recreation 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 liability insurance to the organization or group, listing thereon the Village
of Pleasantville as an additional insured on said policy, with coverage in
the amount of $1,000,000 for bodily injury and in the amount of $500,000 damage
per accident. Such approval shall 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. No such permit shall be issued until
the aforesaid has been complied with.
(3)
Notwithstanding the aforesaid, no permit shall be issued
to any organization other than an organization which has its principal office
or meeting place in the Village of Pleasantville of which more than 1/2 of
its members shall be residents of the Village of Pleasantville. The Superintendent
of Parks and Recreation is further empowered to waive any provision of this
section.
(4)
Notwithstanding the aforesaid, no permit shall be issued
to any person or group for the use of Parkway Field II, unless such person
or group is composed of Village residents or is a member of the Pleasantville
Union Free School District or their guests, except as otherwise authorized
by the Village Board of Trustees by duly adopted resolution. This section
may not be waived by the Superintendent of Parks and Recreation.
[Added 4-26-1999 by L.L. No. 4-1999]
B.
The Superintendent of Parks and Recreation shall only
issue a permit hereunder when it determines that:
(1)
The proposed activity or the use of the park or recreation
facilities will not unreasonably interfere with or detract from the proper
enjoyment of the park by others.
(2)
The proposed activity or use will not unreasonably interfere
with or detract from the promotion of the public health, welfare, safety and
recreation.
(3)
The proposed activity or use is not unreasonably anticipated
to incite the participants therein or others to be disorderly.
(4)
The proposed activity will not entail any additional
expense to the Village of Pleasantville.
(5)
The requested area or facilities desired have not been
reserved for any other use or group on the day and hour requested in the application.
(6)
The proposed activity or use will be supervised by or
be under the immediate direction and control of responsible residents of the
Village.
C.
All applications shall be submitted at least 10 days prior to the date requested, and the Superintendent of Parks and Recreation or his or her designee shall apprise the applicant within five days thereafter as to whether or not the permit has been granted and, if so granted, of any reasonable conditions that may be imposed by the Superintendent of Parks and Recreation, such Superintendent of Parks and Recreation being hereby authorized to impose any reasonable conditions to such permit. Any applicant, group or person denied a permit shall have the right to appeal to the Village Board of Trustees, which shall consider the application under the aforesaid standards set forth in Subsection B and which may thereafter sustain or overrule the decision of the Superintendent of Parks and Recreation. The decision of the Village Board of Trustees shall be final.
D.
All permits shall be subject to the rules and regulations
established by the Superintendent of Parks and Recreation, the applicable
provisions herein contained and any conditions set forth in the permit.
E.
The Superintendent of Parks and Recreation shall have
the authority to revoke any permit upon a finding or determination by the
Superintendent, in the Superintendent's discretion, that there has been
a violation of any conditions set forth in the permit, any rule or regulation
of the Superintendent of Parks and Recreation or any provision herein contained.
F.
Any person who violates the conditions of any permit
issued pursuant to this chapter shall be subject to the enforcement provision
of this chapter.
A.
No person in a park shall willfully mark, deface, disfigure,
injure, tamper with, displace or remove any building or portion thereof, any
bridge, table, bench, fireplace, railings, paving, waterline or other public
utilities or parts thereof, sign, notice or placard, monument, stake, post
or other boundary marker or other structure or equipment, facilities or park
property.
B.
Games. No person shall engage in potentially dangerous
games involving thrown or propelled objects, such as footballs, baseballs,
horseshoes, roller skates, golf balls or similar objects, except in areas
designated for such usage and then only subject to such rules as may be prescribed
by the Village Board of Trustees.
C.
No person in a park shall dump, deposit or leave or cause
to be dumped, deposited or left any bottle, broken glass, ashes (other than
ashes from and in a designated and permanently constructed fireplace or temporary
fireplace designated by permit), paper, boxes, cans, dirt, rubbish, waste,
garbage or refuse or other trash upon the grounds or waters of a park or left
anywhere in the park, except for those items that are placed in the receptacles
so provided for the deposit of such items. Where no receptacles are so provided
for the deposit of such items, waste shall be carried away from the park by
the person or persons responsible for its presence and properly disposed of
elsewhere.
D.
No person in a park shall dig or remove any sand, earth,
rock, stone, tree, shrub, plant, flowers, grass, timber or log, whether standing
or cut, or any other material or make any excavation by tool, equipment, blasting
or other means or agency or attach or cause to be attached any rope, wire
or other device to any tree, plant or building.
E.
No person in a park shall swim, enter into or wade in
any waters or waterways located thereon, except in compliance with such rules
and regulations pertaining thereto as are established from time to time by
the Village Board of Trustees.
F.
No person in a park shall bring in or operate any boat,
raft or other watercraft, whether motor-powered or not, upon any waters in
a park, except at such time, in such places and under such conditions as are
designated by the Village Board of Trustees.
G.
No person in a park shall enter upon ice except such
ice designated by the Village Board of Trustees for skating purposes, provided
that the safety signal of the Village Board of Trustees is so displayed on
said ice or displayed on an adjacent area.
H.
No person in a park shall engage in any disorderly conduct
or any behavior tending to cause a breach of the public peace. No person shall
disturb or otherwise interfere with any other person or group of persons occupying
any area or engaging in any organized activity.
I.
No person or group shall use Parkway Field II unless
such person or group is composed of Village residents, is a member of the
Pleasantville Union Free School District or their guests or as authorized
by the Village Board of Trustees by duly adopted resolution.
[Added 4-26-1999 by L.L. No. 4-1999]
J.
No person or group shall cause the lighting at Parkway
Field II to remain on after 10:00 p.m. under any circumstances, except as
otherwise authorized by the Village Board of Trustees by duly adopted resolution.
This section may not be waived by the Superintendent of Parks and Recreation.
[Added 4-26-1999 by L.L. No. 4-1999]
K.
Any person or group authorized to use Parkway Field II
will be responsible to pay all electricity charges as set forth in the Village's
Master Fee Schedule or as determined by the Superintendent of Parks and Recreation.
[Added 4-26-1999 by L.L. No. 4-1999]
A.
No person in a park shall fail to obey all police officers,
Village Board of Trustees members or park officials whenever such persons
are directing traffic or parking in the park, such police officers, traffic
officers, members and park officials being hereby authorized and instructed
to direct traffic and parking whenever and wherever necessary in the park.
B.
No person in a park shall fail to observe and obey all
traffic and parking signs indicating speed, directions, caution, stopping,
parking or no parking and all other signs posted for proper control and to
safeguard life and property.
C.
No person in a park shall park and leave any vehicle,
motor or otherwise, or other property overnight at any public park.
D.
No person in a park shall park a vehicle, motor or otherwise,
or other property on a park property unless the owner thereof shall use or
be making use of the recreation facilities of such park during the time that
said motor vehicle is parked in said park.
E.
No person in a park shall ride a bicycle on other than
the paved road or parking area or park said vehicle in any other place other
than a bicycle rack when so provided or other than a parking area designated
for the parking of bicycles.
F.
No person in a park shall operate a motorized vehicle,
including motorcycles, motorbikes, snowmobiles and minibikes, in areas of
the park other than designated roads or parking areas.
G.
No person in a park shall enter, operate, stop, stand
or park any motorized vehicle with commercial registration on any area, roadway
or parking lot in any public park at any time, with the exception of vehicles
delivering goods or providing services which have been authorized by the Recreation
and Parks Department.
A.
No person in a park shall bring in or upon, have brought
in or upon or cause to be brought in or upon a park or the grounds thereof
any alcoholic beverage, nor sell, purchase, consume or drink any alcoholic
beverage at any time in the park. Any person entering the park or found within
the park to be under the influence of alcoholic liquor shall be immediately
removed by a police officer.
B.
No person in a park shall bring in or cause to be brought
in or have in his or her possession or set off or otherwise cause to be exploded,
discharged or burned any firecracker, torpedo, rocket or other fireworks or
explosive or flammable material or discharge them or throw them into any area
of the park or from any area of the park upon the land adjacent thereto. Notwithstanding
the foregoing, the park grounds or facilities thereon may be used for a scheduled
fireworks program under a permit granted by the Village Board of Trustees.
C.
No person in a park shall build or attempt to build a
fire except in a fireplace designated and constructed for such purposes and
under such regulations as may be adopted from time to time by the Village
Board of Trustees. No person shall drop, throw or otherwise scatter lighted
matches, burning cigars or cigarettes, tobacco or any other flammable material
within the park.
[Amended 4-28-1997 by L.L. No. 4-1997]
A.
It shall be the duty of the Village Board of Trustees,
its members, the Superintendent of Recreation and Parks, police officers,
enforcement officers, parking enforcement officers and park officials to enforce
the provisions of these rules and regulations adopted by the Village Board
of Trustees, except that any arrest for the violation hereof or the violation
of any other state or local law or ordinance shall be made by a police officer
of the Village of Pleasantville.
B.
Notwithstanding the aforesaid, the Village Board of Trustees,
any member thereof, the Superintendent of Recreation and Parks, police officer,
enforcement officer, parking enforcement officer or park official shall have
the authority to eject or cause to be removed from the park any person acting
in violation of these rules or any other state or local law or ordinance where
the action of such person is jeopardizing or will likely jeopardize the safety
of the property of the park or of other persons in said park.
C.
A violation of the provisions of this chapter or the
conditions of any permit shall be subject to a fine of up to $500 or imprisonment
for up to 15 days, or both, per violation.
D.
Rules or regulations issued by the Superintendent
of Recreation and Parks may be temporarily suspended upon a determination
by the Superintendent of Recreation and Parks that circumstances warrant such
action.
Any person has the right to appear before the local Village Justice
to respond, explain or defend any charge of a violation of this chapter of
the Municipal Code.