Town of Clinton, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Clinton 12-11-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
Use of Town facilities — See Ch. 92.
Boats — See Ch. 108.
Mass gatherings — See Ch. 159.
Vehicles and traffic — See Ch. 216.
Recreational vehicles — See Ch. 219.
The purpose of this chapter is to regulate the operation of the Town-owned parks in the Town of Clinton.
As used in this chapter, the following terms shall have the meanings indicated:
The ground, buildings therein, water therein, recreation equipment and other property necessary for the operation thereof, and constituting a part thereof, which is now or may hereafter be maintained, operated and controlled by the Town of Clinton for public park use, including, but not limited to, Friends Park on Salt Point Turnpike, Clinton Recreation Park on Centre Road, Schultzville Park on Centre Road, and any other area declared or designated as a park or for park use by the Town Board.
Authorization in writing from either the Board or the Recreation Director to use park property for any purpose which either requires a permit or is otherwise restricted or prohibited.
Any individual, firm, partnership, corporation or association of persons; the singular number shall include the plural.
The person appointed by the Town Board as the Recreation Director of the Town of Clinton, and charged with the care, control and the administration use of the parks of the Town of Clinton.
The Town of Clinton.
The Town Board of the Town of Clinton.
The following activities are prohibited:
Parking a motorized vehicle anywhere other than in designated areas.
Operating a motorized vehicle in excess of 10 miles per hour or in any unsafe manner.
Operating a motorized vehicle anywhere other than on designated roads.
Operating or parking a snowmobile anywhere in the park without a permit.
Horseback riding on other than designated roads unless prior authorized by permit by the Town Board or the Recreation Director.
Possessing or transporting domestic animals with the exception of Seeing Eye dogs and police canine units.
Roller blading, roller skating, ice skating, other than on the rink.
Entering or using the park other than during posted hours.
Overnight parking of motorized vehicles, trailers, campers, except by permit.
Sale of alcoholic beverages as defined in the Alcoholic Beverage Control Law of the State of New York.
Possession or use of any explosive or explosive substance, firearms, fireworks, bow and arrow or any other weapon as such may be defined in Penal Law § 265.00, unless authorized by law, the Town Board or the Recreation Director.
Disturbing the peace and good order in the park by fighting or arguing in loud voices or playing excessively loud music or threatening violence to any person or property of others.
Begging, hawking, peddling, selling or soliciting within the park except as authorized by written permit from the Town Board or Recreation Director.
Injuring, defacing, destroying, disturbing or removing any part of the park or the property contained within.
Loitering as defined in Penal Law § 240.35.
Bringing in refuse and garbage, or leaving behind garbage except in proper receptacles.
Making a fire, except in park-provided grills, or suitable privately owned grills in designated areas, or park-provided fireplaces. Any fire shall be continuously managed and supervised by a competent person at least 18 years of age from the time it is kindled until it is completely extinguished. No person shall throw away or discard any lighted match, cigar, cigarette or other burning object in a park except after completely extinguishing same.
Failing to extinguish, or transferring to a competent person before leaving the park, all fires started or used.
Practicing golf, except in designated areas during posted park hours.
Trapping, snaring and/or hunting without prior written permit from the Town Board or Recreation Director.
Using hot air balloons, helicopters, or other aircraft, unless authorized by the Town Board, Recreation Director or an emergency medical technician in a medical emergency.
Swimming at a park bathing area without a lifeguard present.
Reservations and permits are required from the Recreation Director for the use of park pavilions by groups of 10 or more for any organized event.
Under no circumstances may pavilion kitchen facilities be used by anyone without having prior obtained permission and authority to do so from the Recreation Director.
Reservations by permit shall entitle the holder to the use of said facilities only for the date and time period stated upon the permit. This permit does not entitle its holder to exclusive use of the park.
Any person refusing to vacate the pavilion and its designated surrounding area to allow the permit holder to use the pavilion as shown on the permit shall, in addition to punishment set forth below (§ 172-6, Penalties for offenses; enforcement), be further required to make restitution to the permit holder for any fees expended by the permit holder for use of the pavilion. Refusal to vacate the pavilion as hereinabove required may be regarded by the Town of Clinton as a trespass pursuant to the provisions of the Penal Law of the State of New York, § 140.05.
No permit for the use of the pavilion shall be granted without proof of liability insurance, or other similar indemnification, naming the Town of Clinton as an insured party, which insurance or indemnification shall be in such form and such amount as deemed satisfactory by the Town Attorney and/or the Recreation Director.
No permit for use of the pavilion shall be granted wherein any alcoholic beverages are to be served without the following conditions having been met to the satisfaction of the Town Board and/or Recreation Director:
No alcoholic beverages may be served in the pavilion without prior approval indicated upon the permit to use the pavilion.
The permit application shall contain the name, address, and telephone number of a Town permit holder who shall be over the age of 21 years and designated to monitor the consumption of alcoholic beverages for compliance with the Alcohol Beverage Control Law of the State of New York.
The permit application shall also contain a signed acknowledgement from the permit holder indemnifying the Town from any and all liability resulting from any and all activity in the Town park or otherwise resulting from any activity and/or in the use and consumption of alcoholic beverages, whether or not said liability results from an event creating any liability on and off the Town property.
No persons shall be permitted to remain, stop or park within the confines of the Town park outside of posted hours except with authorization from the Town Board or Recreation Director. In the judgment of the Recreation Director or the Town Board, any portion of the Town park may be closed, at any time, to protect the health or safety of the public.
The Town Board shall establish, by resolution, the closing hours for all Town park facilities.
Any person who shall violate the provisions of this chapter or rules and regulations adopted hereunder shall be guilty of a violation and shall, upon conviction, be liable to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both, and restitution, if appropriate, for each and every such offense. The commission of each of the listed prohibited activities shall be deemed a separate offense. Nothing herein contained shall prohibit the prosecution of a person or persons for any other violation of the laws of the State of New York as a result of activities described herein, and the remedies herein are deemed cumulative.
Any state police officer or police officer of Dutchess County or any of its municipal subdivisions may arrest any offender whom he or she may detect in the violation of any of the provisions of the above sections, and take the persons so arrested forthwith before a judge having competent jurisdiction, and he/she shall have at all times a right to enter the premises of any building, structure or enclosure in the park for the purpose of arresting violators hereof, and may use all necessary and lawful means to attain that end.