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Town of Thompson, NY
Sullivan County
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[HISTORY: Adopted by the Town Board of the Town of Thompson 6-19-2001 by L.L. No. 5-2001 (Ch. 174 of the 2003 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 163.
Snowmobiles in parks — See Ch. 198.
Park development — See Ch. 250, Art. XI.
A. 
Season.
(1) 
The season for the operation of the park shall be April to November inclusive.
(2) 
During the months of December to March inclusive, the park shall be closed to the public, except that persons who desire to use the park for winter activities such as cross-country skiing, sledding and walking trails shall be permitted to conduct such activities unless a notice prohibits such activities.
(3) 
Upon application, the park may be open to groups who apply to the Park Superintendent during the period when the park is closed.
B. 
Hours and days of operation. A Town park shall be open to the public every day from dawn to dusk, unless another time is posted at the entrance or on the bulletin board of the park setting forth different hours of operation, in which case the posted hours and days will govern the days of operation of the park.
C. 
The Park Superintendent may close the park for special events, inclement weather, or other reason affecting the public health and safety of the public.
[1]
Editor's Note: Original § 174-1, Definitions, of the 1981 Code, which immediately preceded this section, was repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. III, Terminology.
A. 
The following uses shall be permitted at any time the park is open to the public. Any person may use the Town park for:
(1) 
Picnicking.
(2) 
Fishing, if licensed.
(3) 
Hiking.
(4) 
Participating in any public event.
B. 
Prohibited acts. No person using the park shall:
(1) 
Engage in hunting or trapping or use, hold or possess a firearm or explosive without a permit issued by the Park Superintendent.
(2) 
Operate a snowmobile, motorcycle, all-terrain vehicle or bicycle on any trail within the park.[1]
[1]
Editor's Note: See also Subsection A, Public or private lands, of § 198-6, Restrictions on operation, of Ch. 198, Snowmobiles.
(3) 
Ride a horse within the park or on any trail unless authorized by the Park Superintendent or in areas specifically designated for horseback riding.
(4) 
Permit or suffer an open fire in any place within the park.
(5) 
Pick or remove flowers or collect plant or animal specimens.
(6) 
Gather or cut firewood for personal use and remove the same from the park.
(7) 
Cook food in any location other than a barbecue pit or other cooking facility provided by the Town or by a person.
(8) 
Permit or suffer fighting, roughhousing, loud, obscene or abusive language, or interfering or attempting to prevent the use of the park by any person.
(9) 
Permit or suffer the playing of loud music.
(10) 
Use or possess alcoholic beverages unless authorized by a permit for such purpose.
(11) 
Camp or sleep in any tent or other similar facility or sleep, park or live in any vehicle on park grounds unless in a location specifically authorized for such purpose with a permit issued by the Park Superintendent.
(12) 
Park a vehicle in a park after such park shall be closed to the public other than a location designated for recreational vehicles used by the occupants and for which a permit shall have been issued.
(13) 
Engage in any group activity involving 10 or more persons without a permit unless such use shall be authorized by permit for a special event.
(14) 
Solicit business in the park.[2]
[2]
Editor's Note: See also Ch. 177, Peddling and Soliciting.
(15) 
Deposit or leave on lands of the park any rubbish or other waste material, or enter upon any lands under the jurisdiction of the office with the intent to do so, except that this provision shall not apply to the deposit of rubbish or other waste material generated as a result of the lawful use of such lands and deposited in an approved receptacle.[3]
[3]
Editor's Note: See also § 151-6, Parks, of Ch. 151, Littering.
(16) 
Violate any posted regulation of the Town Board or Park Superintendent.
C. 
The Town Board may adopt such other regulations as may be necessary to carry out the intent of these regulations. The Park Superintendent is authorized to operate the park on a daily basis and to adopt such additional rules and guidelines as may be necessary to carry out the purposes and intent of this chapter.
D. 
A copy of the provisions of this section and any rules and regulations adopted by the Town Board or Park Superintendent shall be publicly posted at each park.
A. 
Special events. The Park Superintendent shall issue permits for special events held at a park. A special event shall be any event lasting less than 10 hours which requires the exclusive use of all or a portion of the park with an expectation that there will be 25 or more participants. The Park Superintendent shall issue such permit to any person who shall apply for use of the park for a special event, fixing the date and time of such event, purpose of such event, and number of persons expected to attend, and provide appropriate liability and alcoholic beverage use insurance issued by carriers operating in New York State, a cleanup deposit, and a use fee. A person or organization must assume legal and financial responsibility for the conduct of a special event. A fee for attendance at a special event may be charged by the organizer of the special event. A separate park use fee shall be charged for each ten-hour period.
B. 
Reservation events. The Park Superintendent shall issue a reservation event permit for any group of fewer than 25 persons that wishes to reserve the use of the pavilion or any other portion of the park for a period of four hours or less but requests that such use of space be reserved for such group. No fee may be charged for attendance at a reservation event by the organizer of the reservation event.
C. 
Multiple users; selection. Where more than one organizer of a special or reservation event desires to use the same portion of the park on the same day and time as another organizer, the Park Superintendent may select from among all such organizers by lot or other reasonable means of selection.
D. 
No organizer of a special or reservation event shall discriminate against any person using the park or attending such event on the basis of race, religion, creed, color, national origin, sex, disability or marital status; provided, however, that persons permitted to attend private parties such as weddings, anniversaries or other similar events may be limited to the persons invited to such event.
A. 
Park use fee for a special event shall be paid at the time of application for a permit. No refund of a fee shall be made if less than the estimated number of persons attend. If more than the estimated number of persons attend, additional fees shall be paid to the Town equal to the number of persons who shall have attended. If an organizer shall fail to report accurately the actual number of persons attending to the Park Superintendent within 48 hours following the end of the event, the Park Superintendent may estimate the number of person who shall have attended the event and bill the organizer for such additional fees.
B. 
Park use fee schedule. The fees are set from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Cleanup deposit. The organizer shall pay at the time of application for a special event permit a deposit to the Town for cleanup after the event in an amount as set from time to time by resolution of the Town Board. The Park Superintendent shall have the discretion to require payment of additional cleanup deposits if the Park Superintendent shall reasonably believe that the particular use for which the permit is requested will require a cleanup which exceeds the minimum cleanup deposit. The Park Superintendent shall refund that portion of the cleanup deposit which shall exceed the cost of cleanup. If the cost of cleanup shall exceed the amount of the deposit, the Park Superintendent shall bill the organizer for such additional fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Fees for services other than a special event shall be as set from time to time by resolution of the Town Board. Fee for a reserved event shall be as set from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
A person who shall not have paid additional fees billed pursuant to this section shall be prohibited from conducting a special or reservation event at the park until such fees shall have been fully paid.
F. 
Application. A form shall be provided by the Park Superintendent which shall contain the following information, at a minimum:
[Amended 11-20-2001 by L.L. No. 12-2001; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Town of Thompson, Sullivan County, New York
Name:
Address:
City state zip:
Telephone number:
Fax number:
Organization:
Address of organization:
City state zip of organization:
Purpose of event:
Expected date and time of event:
Expected duration of event:
Number of persons expected to attend:
There will be additional charges for attendance in excess of stated maximum.
Do you require exclusive use of the park:  Yes [  ]     No [  ]
If Yes, what areas will be requested to be reserved:
Will a fee be charged to attend:
Yes [  ]
No [  ]
(Fee may be charged only for special event)
Will alcohol be served:
Yes [  ]
No [  ]
Will there be a charge for alcohol:
Yes [  ]
No [  ]
If yes to questions concerning sale or use of alcohol, attach certificate of insurance.
Minimum coverage _________________________ issued by ___ rated (AM Best) New York State authorized insurance company. Alcohol is prohibited unless authorized by permit.
Attach certificate of insurance for general liability with policy limits of ____________________________________ issued by ___ rated (AM Best) New York State authorized insurance company.
Do you or your organization owe the Town of Thompson any fees and charges for prior events:  Yes [  ]     No [  ]
If Yes, describe the circumstances of the obligation.
Attach check payable to Town of Thompson for the amount claimed by the Town which is unpaid.
Fees and Charges
Use fee
$
Cleanup deposit
$
Additional cleanup
$
Other charges
$
Total
$
I and my organization agree to pay all additional fees and charges for the use and cleanup of the park. I and my organization agree to indemnify and hold harmless the Town of Thompson from any and all liability arising as a result of the use of the Town park pursuant to the permit issued by the Town. We shall be liable for damages, interest, court costs, legal fees and any other charge incurred by the Town. The undersigned certifies that he or she is duly authorized to act for and on behalf of the organization listed.
Date:
Organization name:
By:
For official use only
Fees paid
$
Permit granted: __________ 20__
Cleanup
$
Limitations:
Additional CU
$
Other information:
Other fee
$
Past due
$
By: Park Superintendent:
s/
G. 
The limits of insurance coverage to be provided and the rating of the company providing such insurance shall be determined by the Town Board by resolution, but in the absence of such resolution, the resolution then in effect shall be deemed to continue until changed by the Town Board, and in the absence of any resolution, the coverage shall be the maximum insurance coverage available for general liability and use of alcohol. The minimum rating for any insurance company shall be determined in a similar manner as the amount of insurance coverage.
[Added 11-20-2001 by L.L. No. 12-2001]