[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.
A.Â
The hours for organized sports or any activities requiring
a use permit shall be established from time to time by the Village
Board.
B.Â
The Village Board or the Mayor may grant additional
access by special permit for publicly sponsored events.
C.Â
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:
A.Â
Entering or using the park other than the designated
hours.
B.Â
Failure to comply with conditions or restrictions
of any permit granted for park use.
C.Â
Failure to obey the directions of any sign erected
by authority of the Village Board.
D.Â
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.
E.Â
Failure to leave the park premises upon direction
of a police officer or any officer of the Village.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
Cutting, injuring, or destroying any shrub, tree or
plant.
J.Â
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.
K.Â
Possession or discharge of any firearm, bow and arrow,
knife or other weapon.
L.Â
Possession or consumption of any alcoholic beverages,
except where a use permit is issued.
M.Â
Organized sports in locations other than those designated
by the Village Board or Recreation Committee.
N.Â
Smoking, vaping, and the use of electronic cigarettes
shall be prohibited.
[Amended 4-17-2019 by L.L. No. 1-2019]
O.Â
Glass containers or bottles.
P.Â
Fires must be attended at all times, and the dumping
of ashes on the ground or in garbage receptacles is prohibited.
Q.Â
Peddling or soliciting without a vendor permit.
A.Â
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.
B.Â
Operating or parking a snowmobile or motorized recreational
vehicle is prohibited.
A.Â
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:
B.Â
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.
