[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 12-1-1992 by L.L. No. 12-1992 (Ch. 33 of the 1993 Code). Amendments noted where applicable.]
Alcoholic beverages — See Ch. 69.
Outdoor burning — See Ch. 82.
Firearms — See Ch. 95.
Fireworks — See Ch. 100.
Games of chance — See Ch. 107.
Noise — See Ch. 123.
Parades and carnivals — See Ch. 130.
Parental responsibility — See Ch. 132.
Peace and good order — See Ch. 137.
Peddling and soliciting — See Ch. 140.
Penalties — See Ch. 142.
Snowmobiles — See Ch. 158.
Streets and sidewalks — See Ch. 165.
Trees — See Ch. 183.
[Amended 10-2-2012 by L.L. No. 7-2012]
As used in this chapter, the following terms shall have the meanings ascribed to them:
- An area of public property officially designated or dedicated as a public park by the Village of Phoenix.
- An official Village or Village Board authorization to a person or group allowing a specified activity(ies) at a specified time(s) and location(s) under specified conditions. This includes a Village facilities use permit and any similar permitting scheme under the Village Code.
- PUBLIC BUILDING
- Buildings or similarly enclosed facilities owned, leased by, funded by, administered by or otherwise under the control or administration of the Village of Phoenix.
- PUBLIC PROPERTY
- Property, including public buildings/facilities, parks and recreational areas and grounds, owned, leased by, funded by, administered by or otherwise under the control or administration of and located within the Village of Phoenix.
- RECREATION AREA
- Public property, other than parks and public buildings/facilities utilized for recreational, physical activities and purposes (similar to parks), however not designated or dedicated as such.
[Amended 2-16-1999 by L.L. No. 1-1999; 8-5-2003 by L.L. No. 3-2003; 10-2-2012 by L.L. No. 7-2012]
Except as may be permitted under § 133-2B, the following are prohibited on public property:
Any person being present on or within same:
Before or after such area or facilities have been respectively officially opened or closed for public access;
Before or after any posted opening or closing times; or
Otherwise from 1/2 hour after sunset to 1/2 hour before sunrise; provided, however, that residential (and not commercial) boaters docked or moved as permitted hereunder are permitted limited access proximate to dock areas and for use of any facilities serving boaters outside of such hours.
Possession of alcoholic beverages, open or otherwise with intent to consume the same, or as provided in Chapter 69 of the Village Code, or the possession of any beverages or similar substances in glass or ceramic bottles or containers.
Engaging in illegal or immoral conduct, or that intended or reasonably likely to, for no legitimate purposes, or causing alarm or seriously annoying other persons, or engaging in conduct constituting harassment or disorderly conduct under state law.
Making or causing illegal or otherwise unreasonable or objectionable noise in violation of Village Code Chapter 123, or use of obscene, threatening or vulgar language at any volume easily heard by others.
Placing, bringing into, dropping, displaying, or leaving of refuse or debris except in containers provided and only for the disposal of refuse generated during on-premises activities.
Building or maintaining fires, except for culinary purposes in locations in park or recreational areas providing for such use by appropriate signage or grill locations.
Interfering with or obstructing vehicular, bicycle or pedestrian traffic flow, parking or standing.
Advertising for or engaging in any business or commercial transactions or activities, including involving the sale of goods or services, and including food or beverage vending.
Any planned or scheduled (or reasonably probable) speech, documentation, rally or public assembly or delivery of any public speech or holding of any public meeting, march or parade, except as part of a permitted event. Permits for such activities shall not be unreasonably withheld, and the denial of such a permit shall be based solely upon reasonable time, place and manner concerns.
Swimming or fishing upon or from public property within prohibited areas as designated by signs.
Possession of firearms, rockets, bows or arrows, shovels, axes, spades, or knives (except as to the latter for within designated cooking areas).
Gambling or possession of items usually possessed for gambling purposes.
Removing, altering, damaging, disturbing or defacing any features (including natural features).
The mooring or docking of a boat or vessel to, or accessing, any dock permitted for overnight storing and serving or adjacent to public property for more than two consecutive overnights from 1/2 hour after sunset to 1/2 hour before sunrise.
Accompany dogs without leashes except for in public buildings and facilities. "Service dogs," as provided by New York law, however, shall be permitted in/on all public property. Persons in control shall promptly remove and dispose of defecation on any public property.
The abandoning of any motor vehicle or other equipment or property of any kind.
Camping or similar occupation as temporary shelter.
The throwing, projecting, striking or pitching of balls, horseshoes, golf balls or similar potentially dangerous objects in picnic areas, seating or assembly areas, paths, walkways, roadways or parking lots.
Except in areas specifically designated as permitted smoking areas by appropriate signage, the smoking, burning or similar use of tobacco, snuff and similar products in, upon or within 25 feet of:
Any enclosed, canopied or otherwise sheltered areas or structures, playgrounds, exercise or similar areas intended for recreation or physical fitness activities or segregated, dedicated or confined areas or facilities reserved or intended for use by children, youth or senior citizen activities;
Any Village of Phoenix sponsored events;
Any areas specifically designated by appropriate signage as nonsmoking pursuant to duly adopted resolution of the Village Board of Trustees;
Any activities or events held or conducted under a Village of Phoenix issued facilities use or similar permit, provided:
The permittee has requested same as a nonsmoking activity or event in its permit application; and
The permittee has, at its own cost and expense, posted signage adequate to provide notice to the public of such prohibition. Signage may be posted up to 25 feet from (around) the perimeter of the permitted area.
Posting or displaying any sign, banner or advertisement, except as part of a permitted event.
Using any form of public address system, except as part of a permitted event.
Possession or discharging of any fireworks.
Holding a picnic, gathering or similar event for more than 20 people, except as part of a permitted event.
Conducting any organized game or activity, except as part of any permitted event.
No parent, guardian or custodian shall permit or allow a minor to commit any act which would constitute a violation of this chapter.
The acts or activities prohibited in this § 133-2 do not pertain to Village employees, or agents thereof, who are in the actual course of performing their official duties. The acts or activities prohibited in this § 133-2 except as part of a permitted event shall not be violations of law if they are performed under the auspices of an officially authorized permit pursuant to § 133-5A.
[Added 8-18-1998 by L.L. No. 2-1998]
The following acts or activities are permitted on public property and parks, as described herein:
Persons who secure their boats or vessels to any dock bordering a park may remain in the area of the park adjacent to their vessel after the normal hours of park operation for purposes of access to and egress from their boat or vessel.
Commercial boats or vessels may utilize any dock bordering a park, provided that such park is not used for commercial purposes, without a permit.
Fishing is authorized from public property and parks, provided that a fishing license has been obtained from the New York State Department of Environmental Conservation.
Permits to utilize public property, parks or public buildings may be obtained under the Village’s facilities use permitting procedure, or otherwise, by application to the Village of Phoenix Board, the Village Clerk or the Mayor of the Village of Phoenix.
[Amended 10-2-2012 by L.L. No. 7-2012]
The terms and conditions of such permits will provide the necessary, specific authorization to perform the acts or activities requested for the time and date specified.
Offenses involving the provisions of this chapter are violations and are punishable by a fine of up to $250, a sentence of imprisonment fixed by the court which shall not exceed 15 days, or both such fine and imprisonment.