[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1992; amended in its entirety 2-22-2006 by L.L. No. 2-2006]
It is the intent of the Village Board to promote the general health, safety and welfare of the Village by enacting this article, to promote the use of outdoor recreation facilities for the enjoyment of its residents, to regulate its use consistent with the preservation of park facilities and parklands, and to prevent nuisances to the residents of the Village in the use of park facilities, and the enjoyment of adjacent private properties.
In an attempt to curb vandalism and create a safer environment, Memorial Park shall be open daily from dawn to 10:00 p.m., except that pedestrian or bicycle passage along the designated access road through the park shall be permitted. No person shall be permitted to remain, stop or park within the confines of the park between these hours except as follows.
The hours for organized sports or any activities requiring a use permit shall be established from time to time by the Village Board.
The Village Board or the Mayor may grant additional access by special permit for publicly sponsored events.
In case of emergency or at other times, as determined by the Village Board or the Mayor in the public interest, any portion of the park, including the access road, may be closed to the public until permission is given to reopen.
The following activities are prohibited in the park:
Entering or using the park other than the designated hours.
Failure to comply with conditions or restrictions of any permit granted for park use.
Failure to obey the directions of any sign erected by authority of the Village Board.
Throwing stones or other objects that may injure others or their property; obstructing vehicular or pedestrian traffic; engaging in or encouraging harassment or threats, fighting, or violent or threatening behavior; creating a hazardous condition; or disturbing any lawful assembly or meeting.
Failure to leave the park premises upon direction of a police officer or any officer of the Village.
Sale of alcoholic beverages as defined in the Alcohol Beverage Control Law, unless at a permitted event where the party holding the use permit has obtained and filed with the Village Clerk prior to the event a twenty-four-hour permit from the New York State Liquor Authority. The person responsible for the use of alcoholic beverages at a permitted event shall be identified on the use permit for that event. Violation of the twenty-four-hour permit shall also constitute violation of the use permit.
In areas where pets are permitted, they must be under the control of their owners at all times. Village personnel or any public safety officer may direct that pets are prohibited or all pets must be leashed during special events.
Dumping of ashes, garbage, waste, debris or litter other than in receptacles provided for that purpose. Any person using the park facilities or lands must clean up the area he or she has used before leaving the facilities or lands.
Cutting, injuring, or destroying any shrub, tree or plant.
Damaging, defacing, destroying or removing any property, whether real or personal, owned by the Village or maintained by the Village or any entity associated with the Village.
Possession or discharge of any firearm, bow and arrow, knife or other weapon.
Possession or consumption of any alcoholic beverages, except where a use permit is issued.
Organized sports in locations other than those designated by the Village Board or Recreation Committee.
Smoking shall be prohibited where posted.
Glass containers or bottles.
Fires must be attended at all times, and the dumping of ashes on the ground or in garbage receptacles is prohibited.
Peddling or soliciting without a vendor permit.
Motor vehicles are prohibited except in designated driveway and parking locations. Motor vehicles may not operate in excess of five miles per hour or in any manner contrary to posted regulations. Motor vehicles may not be parked overnight.
Operating or parking a snowmobile or motorized recreational vehicle is prohibited.
To assure to individuals and groups equal opportunity in the use and enjoyment of park buildings and grounds, a written permit shall be required in the following circumstances:
Fees may be established from time to time by resolution of the Village Board. The Mayor, Village Clerk or other official authorized by the Village Board may issue permits subject to such conditions as the Board shall establish by resolution or as such official may determine consistent with the purposes of this article, including without limitation priorities for reservations, limits on the size of groups, security personnel, length of use, and certificate of liability insurance. Permittees may be charged for cleanup expenses and damage. Any permit may be revoked by any such official or the Village Board for violation of any permit condition or these regulations. Any permit is further subject to revocation by the Village Board at any time without cause.
A violation of any of the foregoing sections of this article shall constitute a violation punishable under the Penal Law of the State of New York by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both. Each violation shall constitute a separate violation punishable under this article.
This article does not apply to law enforcement officials while engaged in the performance of their duties. Any state or local police officer of lawful jurisdiction shall have the right at all times to enter the premises of any park facility for the purpose of enforcing these regulations or applicable laws.
If any portion of this article shall be declared unconstitutional by any court, the remainder of this artcle shall remain in full force and effect.