[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
The general purpose of this article is to regulate the use of certain offshore lands in the bed of the Hudson River that are owned by the Village of Irvington and that are located in the vicinity of Matthiessen Park so that the same may be developed as a recreation area for the residents of the Village of Irvington and to provide a means for the fostering of pleasure boating by the residents of the Village of Irvington by making available to them mooring space for pleasure craft and to regulate the use of such craft within the mooring area and adjacent to Matthiessen Park so as to keep the Hudson River safe and to make the best use of available mooring space.
There is hereby established the following anchorage ground: That portion of ground under water extending from the northern boundary of Parcel 108-B, Sheet 2, as shown on the Tax Map of the Village of Irvington, for a distance of 650 feet southerly.
The anchorage grounds shall be restricted to the mooring of pleasure craft owned by the residents of the Village of Irvington for which mooring a permit shall first have been obtained.
The Village Clerk is hereby authorized to issue permits for maintaining mooring buoys within the anchorage area. No mooring shall be placed or buoy anchored without such permit. Such permits shall expire on the 15th day of May of the year next succeeding the year in which issued and shall not be transferable.
Each such permit shall be subject to revocation by the Board of Trustees or the Village Clerk upon a conviction for violation of any of the provisions of this article.
The method of anchoring marker buoys shall conform to the following: the length of the mooring chain, cable or rope shall be as short as is consistent with the depth of the water, the extent of the rise of the tide, the displacement and freeboard of the boat, and the degrees of exposure; the type and weight of the anchor and the strength of the mooring chain and all other mooring gear shall be sufficient to permit such short scope to be employed.
No boat shall anchor in the anchorage area in such a manner as to interfere with the use of a duly authorized marker buoy.
The Village Clerk shall collect and record in a proper register the names of all persons to whom permits are issued together with a description of the craft for which a mooring is permitted.
The positions of all moorings shall be subject to the approval of the Superintendent of Public Works. Either the Superintendent of Public Works or the Village Police may shift the position of any moored craft in cases of emergency. The Superintendent of Public Works shall also have the power to direct the change in location or any mooring and shall inspect the anchorage area to see that reasonable standards of safety are maintained.
The Village assumes and shall be under no liability for anything done or omitted to be done under or in relation to any of the provisions of this article, and applicants for permits shall release the Village accordingly.
No boat shall approach or travel within the anchorage area at a speed greater than four nautical miles per hour, nor shall any craft be run at speed greater than four nautical miles per hour within 150 feet of Matthiessen Park. No craft shall enter any designated swimming area. Further, the operation of any vessel which unreasonably interferes with the free and proper use of the anchorage area or of Matthiessen Park, or unreasonably endangers the users of said areas, is hereby prohibited.
No motorboat shall be operated within the anchorage area or in the water grant surrounding Matthiessen Park unless the same shall be provided with an underwater exhaust or muffler, so constructed and used as to muffle the noise of explosion.
It shall be unlawful for any person, association or corporation to cast or discharge, or cause or suffer to be cast, deposited or discharged in the anchorage area or near Matthiessen Park, from or out of any vessel or from the shores, wharves or docks near the said area, any garbage, human excrement or refuse matter of any kind or description whatever.
The Village Clerk shall collect from each applicant for a mooring permit such fee as the Board of Trustees may direct before issuing the said permit. From each applicant for a special permit, the Village Clerk shall collect such fee as the Board of Trustees may direct.
The registered owner, as shown in the Village Clerk's register, or any operator of any boat, may be fined up to $50 for any violation of this article and up to $100 for any subsequent violation. It shall be the duty of the registered owner of each boat for which any permit is issued, to enforce strict compliance with this article.
[Adopted 4-15-2002 by L.L. No. 3-2002]
Editor's Note: This local law also superseded former Art. II, Hours for Use of Parks, adopted 7-15-1963, as amended.
The following rules and regulations apply to all parks within the Village of Irvington except as noted.
Use or possession of alcoholic beverages is prohibited within park areas.
Smoking is prohibited within park areas.
No pets are allowed within park areas except guide dogs. Pets on a leash shall be permitted at Halsey Pond Park.
No biking, skateboarding, in-line skating, roller-skating or use of scooters is allowed within park areas except during scheduled times as determined by the Irvington Recreation and Parks Department. All participants during such scheduled times must wear proper safety equipment pursuant to § 148-14 of the Village Code.
Use of athletic fields requires a permit issued by the Irvington Recreation and Parks Department.
Groups of 12 or more must obtain a group park permit issued by the Irvington Recreation and Parks Department. The individual to whom the group park permit is issued is responsible for any actions of those persons entering the park under said group permit.
Fishing is allowed in designated areas only. Individuals fishing must be in possession of a valid New York State fishing license where required.
Glass bottles are prohibited within park areas.
Park usage requires a valid resident park permit issued by the Irvington Recreation and Parks Department. This requirement does not apply to Scenic Hudson Park at Irvington.
No person, group, organization, or company of any type shall undertake any activities for hire, conduct any retail activity, or otherwise perform any services within park areas without prior approval from the Irvington Recreation and Parks Department.
No motorized vehicles of any type are permitted within park areas except in Scenic Hudson Park at Irvington as provided for in § 153-11B(3) herein.
Driving of stakes or any other objects into the ground, erecting tents or structures of any kind is prohibited.
In addition to the rules and regulations enumerated in Subsection A above, the following rules and regulations apply to Scenic Hudson Park at Irvington:
Only launching of nonmotorized watercraft will be permitted at the boat launch. Boat or personal watercraft trailers are prohibited inside the park.
Park road speed limit is nine miles per hour.
Only licensed motorized vehicles are permitted in the park on marked roadways.
Open fires, barbeques, or cooking of any kind is prohibited within the park.
Parking within the park is for park users only. Commuter or overnight parking is prohibited.
Park hours. No person shall be permitted in any public park in the Village of Irvington after or before such hours contained herein except during a public function conducted by or approved by the Irvington Recreation and Parks Department.
Matthiessen Park: 7:00 a.m. to 10:00 p.m.
Memorial Park: 7:00 a.m. to 10:00 p.m.
Halsey Pond: sunrise to sunset.
All other parks: 7:00 a.m. to 10:00 p.m.
Penalties for offenses. Any person in any park within the Village of Irvington found to be in violation of this article may be fined up to $250 for each offense.