[HISTORY: Adopted by the Town Board of the
Town of Clinton 12-11-2001 by L.L. No. 4-2001. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
A.
Parking a motorized vehicle anywhere other than in
designated areas.
B.
Operating a motorized vehicle in excess of 10 miles
per hour or in any unsafe manner.
C.
Operating a motorized vehicle anywhere other than
on designated roads.
D.
Operating or parking a snowmobile anywhere in the
park without a permit.
E.
Horseback riding on other than designated roads unless
prior authorized by permit by the Town Board or the Recreation Director.
F.
Possessing or transporting domestic animals with the
exception of Seeing Eye dogs and police canine units.
G.
Skateboarding.
H.
Roller blading, roller skating, ice skating, other
than on the rink.
I.
Entering or using the park other than during posted
hours.
J.
Overnight parking of motorized vehicles, trailers,
campers, except by permit.
K.
Sale of alcoholic beverages as defined in the Alcoholic
Beverage Control Law of the State of New York.
L.
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.
M.
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.
N.
Begging, hawking, peddling, selling or soliciting
within the park except as authorized by written permit from the Town
Board or Recreation Director.
O.
Injuring, defacing, destroying, disturbing or removing
any part of the park or the property contained within.
P.
Loitering as defined in Penal Law § 240.35.
Q.
Bringing in refuse and garbage, or leaving behind
garbage except in proper receptacles.
R.
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.
S.
Failing to extinguish, or transferring to a competent
person before leaving the park, all fires started or used.
T.
Practicing golf, except in designated areas during
posted park hours.
U.
Trapping, snaring and/or hunting without prior written
permit from the Town Board or Recreation Director.
V.
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.
W.
Swimming at a park bathing area without a lifeguard
present.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
No alcoholic beverages may be served in the pavilion
without prior approval indicated upon the permit to use the pavilion.
(2)
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.
(3)
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.
A.
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.
B.
The Town Board shall establish, by resolution, the
closing hours for all Town park facilities.
A.
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.
B.
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.