[HISTORY: Adopted by the County Legislature of the County of Cayuga by County Local Law No. 7-1988. Included verbatim.]
A LOCAL LAW ESTABLISHING REGULATIONS FOR THE CONTROL OF ACTIVITIES AND USES BY THE PUBLIC AT ALL PARK AND RECREATION AREAS OPERATED BY THE COUNTY OF CAYUGA
Local Law No. 2 for the year 1974, Local Law No. 6 for the year 1987, and Local Law No. 2 for the year 1982 are hereby repealed.
Whenever used in this Local Law, the following terms shall mean and include the meanings expressly set forth in this section, unless otherwise expressly defined.
(a) 
"Commission" shall mean the Cayuga County Park and Recreation Commission, including its employees and any individuals or agencies designated by same to act in its behalf.
(b) 
"Motor vehicle" shall mean any vehicle designed or maintained for use primarily on a highway and powered by any power other than muscular power, other than a snowmobile, all-terrain vehicle or similar wheeled or air-cushioned vehicle.
(c) 
"Park" shall mean all those areas that are presently or shall in the future be under the jurisdiction, custody or control of the Commission.
(d) 
"Personal property" shall mean any property, or interest therein, other than real property.
(e) 
"Property" shall mean real or personal property.
(f) 
"Real property" shall mean lands, improvements and structures thereon, rights, franchises and interests therein, lands under water and riparian rights, and any interests in lands less than full title, including, without limitation, temporary or permanent easements (including scenic or conservation easements), divided or undivided interests, rights of ways, uses, leases, licenses, and any other estate, interest or right in lands, legal and equitable.
Any term contained in this chapter shall be construed as follows:
(a) 
Any term in the singular shall include the plural.
(b) 
Any term in the masculine shall include the feminine and neuter.
(c) 
The prohibition of any act shall extend and include an attempt to commit such act and the causing and/or the procuring, directly or indirectly, of such act.
(d) 
No provision contained in this Local Law shall cause to be deemed unlawful any act performed by an officer, employee of the Commission in the line of duty or in the scope of employment, or any act performed by a person, his agent or employees in the performance or execution of the terms of an agreement with the Commission.
The provisions of this Local Law shall be effective within, upon and in the airspace above all property that is presently or shall in the future be under the jurisdiction, custody or control of the Commission, unless otherwise provided.
If any section, subdivision, paragraph or provision of this Local Law shall be determined to be invalid, such determination shall apply only to that particular section, subdivision, paragraph or provision, and all other provisions of this Local Law shall remain valid and in effect.
(a) 
A written permit issued by the Commission to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof.
(b) 
Any act authorized pursuant to a permit may be performed only by the person named therein, and any such authorization may not be assigned or delegated, unless and except as provided in such permit.
(c) 
Any permit may be revoked at the option of the Commission, whose action shall be final. In case of such revocation, all monies paid for or on account thereof, may, at the option of the Commission, be forfeited to and retained by the Commission.
(d) 
In any case, where the holder of a permit, or his agent or employee shall have been found to have violated a term or condition thereof, such holder and his agent or employee who has violated such terms and conditions shall be Jointly and severally liable to the County of Cayuga for any damages or loss suffered by it in excess of money forfeited and retained by the Commission.
(e) 
Neither the forfeiture and retention of any such money by the Commission nor the recovery or collection of any damages, or both, shall preclude the prosecution of any person for a violation of a rule or regulation of this Local Law or the violation of any other State or local law, ordinance, rule or regulation.
In any case where the Commission may require a cash deposit or indemnity bond as security to protect park property against loss or damage, or to limit the extent or duration of the use of such property, or to guarantee compensation to the Commission for property rented or engaged, such cash deposit or indemnity bond shall be forfeited:
(a) 
In the case of loss of or damage to park property, provided that no such forfeiture shall prevent the Commission from recovering any damages over and above the amount of the deposit or bond resulting from loss or damage of property.
(b) 
In the case of a violation of any agreement or condition upon which the requirement of a cash deposit or indemnity bond is based.
In any case where the Commission has established a fee or charge for the use of facility under its jurisdiction, custody or control, a refund of such charge or fee may be made under the following circumstances, provided that a service charge to be established by the Commission shall be deducted and withheld from any refund made pursuant to the provisions of subdivision (a) of this section:
(a) 
Where no financial loss occurs to the County through the cancelation of reservations for the use of space or property.
(b) 
Where, in the judgment of the Commission, the cancellation is predicated on circumstances beyond the control of the reserving party.
(c) 
Where, in the judgment of the Commission, it is clear that there has been a misunderstanding on the part of the patron as to space or facilities reserved.
(d) 
Where an error has been made by the Commission as to the property or space reserved.
Any person finding or taking possession of personal property not his own, shall immediately return such property to its lawful owner or custodian. If the lawful owner or custodian cannot be immediately found or ascertained, the property shall be turned over to the Commission, or to a State or local police agency.
The activities and uses enumerated in this section shall be absolutely prohibited on property under the jurisdiction, custody and control of the Commission:
(a) 
Alms. No person shall solicit alms or contributions without permission of the Commission.
(b) 
Pollution of Waters. No person shall in any manner cause to be placed in waters or into any storm sewer, drain or stream flowing into such waters, any sewage, garbage, trash, litter, debris, waste material or any nauseous or offensive matter.
(c) 
Littering. No person shall in any manner cause any rubbish, garbage, refuse, organic or inorganic waste, diseased or dead animal, or other offensive matter or any abandoned property or material to be placed or left in or on any property, except in receptacles provided for that purpose.
(d) 
Drains and Sewers. No person shall discharge into any openings or gutter or drain in or leading into any sewer, receiving basin or drain in or leading into any property, any gas or vapor, or any substance which may form a deposit tending to choke same, or any volatile liquid which may emit an inflammable vapor at a temperature below 160 degrees Fahrenheit, or any steam or water above 100 degrees Fahrenheit.
(e) 
Injury to Property. No person shall make an excavation on or injure, destroy, deface, remove, fill in, tamper with or cut any real or personal property, tree or other plant life.
(f) 
Disorderly Conduct. No person shall do any of the following:
1. 
Disobey any lawful order of the Commission or the directions of any sign erected by or at the direction of the Commission.
2. 
Use abusive or obscene language or make an obscene gesture.
3. 
Throw stones or other objects or missiles which may inflict bodily injury or damage to persons or property.
4. 
Obstruct vehicular or pedestrian traffic.
5. 
Climb upon any wall, fence, bridge railing, structure or monument.
6. 
Engage in or encourage fighting or violent or threatening behavior.
7. 
Spit upon grounds or other surfaces.
8. 
Make any unreasonable noise.
9. 
Throw away or discard any lighted match, cigar, cigarette, charcoal or other burning object other than in a receptacle provided for that purpose.
10. 
No person shall start or maintain a fire except in a fireplace which may be provided for that purpose or at places especially indicated by the Commission, and all fires shall be continuously under the care of a competent person. This does not exclude the use of privately owned metal grills within designated picnic areas, but such privately owned metal grills shall not be used within twenty-five (25) feet from any building or structure.
11. 
Operate any watercraft, wheeled vehicle, snowmobile, or other equipment in such a manner as to endanger other persons or property or in such a manner so as to create an unreasonable noise or disturbance.
12. 
Commit an act which may result in injury to any person or damage to real or personal property or create a hazardous or offensive condition by any act which serves no legitimate purpose.
13. 
Without lawful authority, disturb any lawful assembly or meeting of persons.
14. 
Congregate with other persons and refuse to comply with a lawful order to disburse.
15. 
Be intoxicated or under the influence of drugs.
(g) 
Charges. No persons shall enter upon or use any facility or property for the use of which a charge or fee is imposed, unless he shall have first paid such charge or fee.
(h) 
Property Closed to Public. No person shall enter or remain upon any property or within any structure during such hours, seasons, or other periods that such property or structure has been designated as closed by a sign or by the Commission.
(i) 
Minors. No persons having custody or control of a minor shall permit such minor to do any act in violation of a rule or regulation of the Commission. Minors under ten (10) years of age shall at all times be under the supervision and control of a parent, guardian or responsible custodian.
(j) 
Gambling.
1. 
Gambling, lotteries, games of chance and fortune-telling are prohibited.
2. 
Notwithstanding paragraph (1) of this subdivision, the sale of tickets for the New York State Lottery by concessionaires approved by the Commission shall be permitted and the Commission, at its discretion, may issue a permit to non-profit charitable organizations to conduct games of chance.
(k) 
No person shall introduce, possess or use nay machete or cutting tool other than an axe, hatchet or sheath knife which may be used for the purpose of preparing wood for a cooking fire. Such wood shall be brought to the park and shall not include any tree or other plant life which is a part of park property.
(l) 
Animals. No person shall introduce or possess any animal except as follows, and any animals brought into a park under any other circumstances may be confiscated by the Commission:
1. 
Seeing eye dogs needed by the visually handicapped.
2. 
Domesticated household pets transported by motor vehicle to a boat launching area provided such pet is transferred immediately to a boat.
3. 
Horseback riding may be permitted by the Commission at locations specifically designated by the Commission for such activity.
4. 
Domesticated household pets under the control of the owner are permitted on the trail between the Village of Cato and the Village of Fair Haven, on the trail between the Village of Port Byron and Center Port Aqueduct Park, and on any other trails where the Commission may in the future specifically authorize such pets. Animals are strictly prohibited in all other areas except as provided in 1, 2 and 3 above.
(m) 
All-Terrain Vehicles. No person shall use or operate an all-terrain vehicle or other similar wheeled or air-cushioned vehicle designed or equipped to operate outside of highways. This prohibition shall not be interpreted to include snowmobiles unless equipped with a wheeled conversion to an all-terrain vehicle.
(n) 
Attire. No person shall appear nude in public as defined in Section 235.20(2) of the Penal Law, dress or undress other than in County facilities provided therefor, enter or remain in any area or facility in such attire as may be prohibited by a sign or by the Commission or bathe in other than a bathing-suit safe and suitable for such purpose.
(o) 
Artificial Swimming Aids.
1. 
No person shall use tubes, floats, swim fins, aqua lungs or skin diving equipment of any kind, or any other inflated or buoyant objects or artificial or mechanical aids for swimming or diving. This prohibition shall not apply to Coast Guard rated life jackets.
2. 
Notwithstanding paragraph (1) of this subdivision, under special circumstances the use of skin or scuba diving equipment may be authorized in accordance with the terms of a permit issued by the Commission.
(p) 
Music.
1. 
No person shall play or permit to be played any radio, stereo, record player, musical instrument or other such device in a loud manner which, in the opinion of the Commission, is objectionable and annoying to other people. Absolutely no amplification equipment or remote speakers shall be permitted. The Commission say, at its discretion, confiscate any equipment used in violation of these provisions.
2. 
Notwithstanding paragraph (1) above, the Commission may, at its discretion, issue permits allowing for the amplification of music for specific events approved by the Commission.
(q) 
Hunting and Firearms. No person shall hunt or have in his possession any gun, ammunition, explosives (including fireworks), or gas operated, spring operated, or air operated weapon.
No persons shall engage in any of the following activities or uses on "park" property except pursuant to a permit issued by the Commission and in accordance with the terms thereof and any other conditions contained in this Section.
(a) 
Meetings, Public Exhibitions, etc. The holding of any meeting, ceremony, religious service, parade, procession, speech, lecture or any form of entertainment, performance, motion picture, contest or other such event, the distribution or posting of handbills or advertisements in connection therewith, or the erection of any structure, stand or platform in connection therewith.
(b) 
Fireworks and Explosives. The introduction, possession or use of fireworks, gun powder, powder used in blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause an explosion.
(c) 
Commercial Activities. The selling or offering for sale, hire or lease any merchandise, service or other thing of value.
(d) 
Photography. The taking of moving pictures or photographs for commercial, publicity or educational purposes or the purchasing or selling of negatives thereof or prints therefrom or the exhibition of same in public.
(e) 
Passenger Services. The receiving or discharge of passengers for or upon any wharf, dock or other property under the jurisdiction of the Commission by a vessel or aircraft which carries such passengers for hire.
(f) 
Aviation. The voluntary landing of any aircraft, balloon or other weight-carrying machine or device designed for flight in or navigation of the air other than in an emergency.
(g) 
Advertising. The posting or distributing of advertising matter or the oral advertising for sale of any merchandise, article, service or other thing of value.
(h) 
Promotion Activities. The promotion of any event, belief or philosophy either by means of the posting or distribution of printed or written matter, or orally.
(i) 
Camping. Camping is prohibited within "park" property except upon written authorization by the Commission in accordance with the following requirements.
1. 
No laundry shall be hung or spread on trees, shrubs, or lawns.
2. 
Campsites shall be kept in a neat, clean and sanitary condition.
3. 
No person shall wash dishes, clothes or his person at a water fountain or other outlet.
4. 
Trailer campers shall provide suitable receptacles to prevent the discharge of waste from outlets onto real property.
5. 
No person under the age of eighteen (18) will be permitted to camp unless accompanied and supervised by a person eighteen (18) years of age or older who has been issued a permit.
6. 
No person shall make any structural change or alteration in any campsite.
7. 
No person shall occupy a site after the time specified in the permit or renewal thereof.
8. 
No person shall attach a rope, line or other device to a tree, shrub or park structure.
(j) 
The use or operation of toy or model rockets or aircraft. Persons using or operating such devices shall be required to produce evidence of insurance against property damage or personal injury in the discretion of the Commission.
The following activities are prohibited on property under the jurisdiction, custody and control of the Commission, except in areas specifically designated therefor by the Commission and during such hours or seasonal periods specifically authorized by the Commission and subject to such conditions as may be contained herein.
(a) 
The throwing, striking, kicking or catching of any ball, horseshoe or other object or the conduct of any game or athletic activity, or the use of any device or equipment used in any such game or athletic activity.
(b) 
The engaging in toy or model boating or automobiling.
(c) 
The use of a sled, skis, skates or other equipment or device used for the purpose of moving on snow or ice on runners, wheels or other means.
(d) 
Rollerskating.
(e) 
Kite flying.
(f) 
Swimming, diving, bathing or wading.
(g) 
The use, launching, beaching, docking, mooring, or anchoring of a boat or watercraft used as a means of transportation on water:
1. 
No boat or watercraft shall be operated within a bathing area.
2. 
No boat or watercraft shall be operated at a speed greater than five (5) miles per hour in the channel of the Owasco Outlet or in the channel connecting Little Sodus Bay with Lake Ontario.
3. 
No person shall permit a vessel to be moored or anchored in the channel of the Owasco Outlet, or in the channel connecting Little Sodus Bay with Lake Ontario in such a manner that free movement of boats in the channels would be inhibited.
(h) 
The use or operation of a snowmobile.
1. 
Snowmobiles may be operated only on the trail connecting the Villages of Fair Haven and Cato, and on any other trails which are presently or shall in the future be designated for snowmobile use by the commission. They shall be strictly prohibited in all other areas.
2. 
The operator of any snowmobile shall carry liability insurance in an amount equal to that prescribed by law for such operation on highways and carry evidence of same.
3. 
No person shall operate a snowmobile in any area where the snow cover is less than three (3) inches or between April 1 and November 15.
4. 
No person under sixteen (16) years of age shall operate a snowmobile on property under the jurisdiction, custody or control of the Commission unless he has received safety training as prescribed by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation and has received the appropriate snowmobile safety certificate issued by the Commissioner.
5. 
No person shall operate a snowmobile on lands under the jurisdiction, custody or control of the Commission in violation of the provisions of Article 25.24, New York State Parks, Recreation and Historic Preservation Law, as amended. Said Article 25.24 pertains to the "Operating of snowmobiles on a street or highway while under the influence of alcohol or drugs". All of the provisions of said article shall apply to County lands withstanding that such lands are not classified as streets or highways.
(i) 
Golf. Engaging in the game of golf or in practice therefor.
(a) 
No person shall cause or permit a vehicle to be operated on a park road at a speed in excess of fifteen (15) miles per hour.
(b) 
No person shall cause or permit a vehicle to be towed or pushed by another vehicle, except that a disabled vehicle may be towed to the nearest park exit by a tow truck operated for such purpose. Disabled vehicles shall be moved off the paved portion of a road so as to prevent obstruction of traffic, but a disabled vehicle shall be permitted to remain off the pavement only until temporary repairs are made or until power can be obtained to remove it. If such vehicle is not removed within twenty-four (24) hours, it may be removed by the Commission at the expense of the owner or person in charge thereof. Any vehicle left on the paved portion of a park road may be immediately removed by the Commission at the expense of the owner or person in charge thereof.
(c) 
No person shall operate a motor vehicle unless duly licensed in accordance with the laws of the State of New York, and no person having custody or control of a motor vehicle shall permit the same to be operated by another person not duly licensed in accordance with the laws of the State of New York.
(d) 
No person shall cause or permit the interior of a motor vehicle to be closed from view, except those vehicles designed for camping purposes and then only when being used for camping.
(e) 
No person shall cause or permit a motor vehicle to be driven or otherwise moved off the improved or paved portion of a park road or designated parking area except by designated access drive.
(f) 
No person shall cause or permit a motor vehicle to be parked except in designated areas or as directed by the Commission. Any vehicle parked in an area not designated for parking may be immediately removed by the Commission at the owner's expense.
(g) 
No persons shall cause or permit a motor vehicle to enter or leave property under the jurisdiction, custody or control of the Commission, except by designated routes.
(h) 
No person shall cause or permit a motor vehicle to unnecessarily stop or obstruct traffic.
(i) 
No person shall cause or permit a motor vehicle to be stopped on the improved or paved portion of any road for the purpose of removing or replacing a tire or making any repair to a vehicle.
(a) 
It shall be unlawful for any individual to bring into, possess or or consume alcoholic beverages on "Park" property with the exception of Emerson Park.
(b) 
The Commission shall confiscate any alcoholic beverages found to be in possession of persons under the age of twenty one (21) years, and may, at its discretion, confiscate any other alcoholic beverages possessed or being consumed in violation of this section.
(c) 
No controlled substances shall be possessed, used or sold on Park premises.
(d) 
Any person who is either intoxicated or under the influence of drugs may be immediately ejected from "Park" property.
(e) 
Alcoholic beverages say be borough into and consumed at Emerson Park only under the following conditions:
1. 
Alcoholic beverages shall be permitted in reserve areas where the reserving group has been issued an alcoholic beverage permit.
2. 
Alcoholic beverages may be purchased from a duly authorized concession facility that his been issued a permit for the sale of alcoholic beverages.
3. 
Alcoholic beverages may be consumed in designated picnic areas. Designation of picnic areas shall be determined solely by the Commission and such designation may be modified or eliminated at any time. It shall be unlawful for any group or individual to bring into or possess excessive quantities of alcoholic beverages in said designated picnic areas. An amount in excess of seventy-two (72) fluid ounces of beer, ale or other malt beverage per person over 21 years of age shall be considered excessive.
4. 
Consumption or possession of alcoholic beverages is absolutely prohibited at the beaches, playground areas, children's ride area and at any area other than a designated picnic area or an area for which a permit has been issued.
5. 
Possession of open containers of alcoholic beverages in parking areas shall not be permitted under any circumstances.
6. 
No person under the age of twenty-one (21) years shall consume alcoholic beverages.
7. 
Under no circumstances shall malt beverages in kegs, wine, or hard liquor be brought into the Park without a permit.
(a) 
"Parks" shall be opened and closed at hours as determined by the Commission.
(b) 
Notwithstanding paragraph (a) above, the Commission may extend hours that the "Parks" may remain open for scheduled events. Such extended hours shall be determined on a case-by-case basis by the Commission.
(c) 
No persons or vehicle, without the written permission of the Commission, shall enter or remain in a "Park" or any part thereof, when it is officially closed with the exception of:
1. 
Boat Launching Sites: The Commission may make arrangements for persons wishing to launch boats to do so during hours when the "Parks" are not officially open.
2. 
Merry-Go-Round Playhouse: The Commission shall arrange for the vehicles of persons attending the Merry-Go-Round Playhouse performances to remain parked after Emerson Park has been officially closed. Such persons and vehicles shall leave the Park immediately after the performance.
Any person who violates any provisions of this Local Law or of any law, ordinance, rule, regulation or order adopted pursuant thereto, shall be guilty of a violation punishable by a fine not exceeding TWO HUNDRED FIFTY DOLLARS ($250) or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment.
This Local Law shall take effect upon filing with the Secretary of State.