[HISTORY: Adopted by the Town Board of the Town of Owego 7-6-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Control of dogs — See Ch. 46, Art. I.
Peddling and soliciting — See Ch. 84.
This chapter may be known and cited as the "Park Ordinance of the Town of Owego."
[Amended 5-21-1985 by L.L. No. 1-1985]
A. 
The Hickories Park is the area of land located in the Town of Owego, County of Tioga and State of New York, bounded on the north by the rights-of-way of the State of New York and the Erie-Lackawana Railroad, on the east by lands now or formerly of Slocum, southerly by the Susquehanna River and on the west by the lands of the State of New York.
B. 
The Campville Commons is the area of land in the Hamlet of Campville, Town of Owego, County of Tioga and State of New York, bounded on the north by East Campville Road and on the west by New York Route 17C and on the south by Spring Street.
C. 
Muth Park is that area of land situate in the Hamlet of Apalachin, Town of Owego, County of Tioga and State of New York, bounded on the north by Barton Road, on the east by Pennsylvania Avenue and on the south by St. Margaret Mary's Church.
D. 
Eric Alzate Memorial Park (Tax Map No. 153.12-3-20.00).
[Added 2-3-1998 by L.L. No. 2-1998]
E. 
Tioga Boulevard Park (Tax Map No. 154.05-2-9.00).
[Added 2-3-1998 by L.L. No. 2-1998]
F. 
Woodside Road West Park (Tax Map No. 154.09-1-34.00).
[Added 2-3-1998 by L.L. No. 2-1998]
G. 
Marshland Road Boat Launch (Tax Map No. 130.00-2-2.22).
[Added 2-3-1998 by L.L. No. 2-1998]
H. 
Any other parcels of land that, in the future, may be given to or accepted by the Town of Owego and maintained as a park or recreation park.
[Added 2-3-1998 by L.L. No. 2-1998]
[Amended 5-21-1985 by L.L. No. 1-1985]
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Owego by providing regulations designed to preserve the peace, good order and safety of the users of Town of Owego parks.[1]
[1]
Editor's Note: Original Section 4, pertaining to admission to the park which immediately followed this section, was repealed 7-15-1975. Original Section 5, which contained fees and was amended 8-15-1972 and 6-20-1973, was also repealed 7-15-1975.
[Added 5-2-1978; amended 5-6-1980; 5-19-1981; 3-20-1984 by L.L. No. 3-1984; 5-21-1985 by L.L. No. 1-1985; 11-18-1986 by L.L. No. 9-1986; 2-26-1991 by L.L. No. 3-1991; 12-20-1994 by L.L. No. 5-1994]
A. 
Any person desiring to use a campsite shall pay a fee as established by the Owego Town Board at the annual organizational meeting. Such fee may vary according to whether the campsite is provided with electricity and according to the length of stay.
B. 
The dumping station shall be used free of charge by registered park campers only. Noncampers shall pay a fee established by the Owego Town Board at the annual organizational meeting.
C. 
No person shall be allowed to use any unauthorized electrical receptacle. No person shall be allowed to connect to another trailer for the purpose of obtaining electric service or obtain electric service in any other manner without first obtaining permission of the park superintendent and paying the appropriate fee for its use.
D. 
Grassed areas may be used for daily overflows of campers upon the discretion of the park superintendent or the person designated by him to be in charge.
E. 
Any person desiring to use the camping area must be at least 18 years of age. Any person under 18 years of age must, at all times, have a parent, guardian or other legally responsible adult in residence at the camping site and in charge during the entire period of the minor's use of the camping area.
F. 
The Hickories camping area is designated as a family camping ground and as such will maintain quiet hours from 11:00 p.m. until 7:00 a.m. No loud radios, televisions, musical instruments, parties, gatherings, etc., deemed disturbing to surrounding campers shall be allowed.
G. 
A maximum of 30 days continuous camping shall be allowed, except with the special permission of the park superintendent.
H. 
All other regulations as set forth in this chapter shall also apply in camping areas.
A. 
No person or organization shall post or distribute advertising matter or sell or offer for sale any merchandise, tickets, service or any other thing of value or solicit within the park area in connection with things to be sold or provided outside of the park, except pursuant to a park vendor's permit issued by the Town Clerk pursuant to § 80-14 of this chapter.
[Amended 2-4-1992 by L.L. No. 2-1992]
B. 
The selling of campers' supplies, such as milk, bread, vegetables, groceries, newspapers, etc., shall be allowed only by duly authorized concessionaires in Town parks under the rules and regulations governing the license of the concession.
[Amended 5-21-1985 by L.L. No. 1-1985]
[Amended 5-2-1978; 5-21-1985 by L.L. No. 1-1985]
No person shall keep or permit any animal, except domesticated household pets on leashes or in cages or horses on bridle paths, to enter Town parks. Any animal found at large may be seized or disposed of by employees of the Town, county or state. The Town of Owego Dog Ordinance will be enforced at all times.[1]
[1]
Editor's Note: See Ch. 46, Dogs, Art. I.
[Amended 5-2-1978]
A. 
No person shall disobey an order of a park patrolman, superintendent, caretaker, state trooper, local policeman or constable when such officials are engaged in enforcing state or local laws or the rules and regulations of the Town, nor shall any person use threatening, abusive or insulting language to such officials.
B. 
No person shall:
(1) 
Injure, steal or molest park property, including road and trail barricades, flowers, plants, shrubs and trees.
(2) 
Do any obscene act or throw stones or missiles.
(3) 
Obstruct roads, walks or docks.
(4) 
Set off fireworks of any nature.
(5) 
Engage in brawls or fights.
(6) 
Annoy or assault other persons.
(7) 
Be under the influence of intoxicants.
(8) 
Throw or deposit bottles, glass, cans, garbage, refuse or litter in any place except the receptacles provided for that purpose.
C. 
No person except a camper who has purchased a permit and his guests, by permission from the Park Superintendent or park patrolman, shall enter or remain within any Town park after the hour officially designated for the closing of such park for the night.
[Amended 5-21-1985 by L.L. No. 1-1985]
D. 
No person shall refuse to obey any reasonable instructions or orders given by an official employee of the Town, county or state, and such instructions or orders are for the purpose of protecting the health and safety of park visitors or the person himself.
E. 
No beer, in kegs, packs or cases, and no wine, whiskey or other intoxicating liquor may be brought into, possessed or consumed in any Town park without an alcoholic beverage permit issued by the Town Clerk pursuant to § 80-14 of this chapter.
[Amended 5-19-1981; 5-21-1985 by L.L. No. 1-1985; 2-4-1992 by L.L. No. 2-1992]
F. 
No person under 21 years of age shall possess or consume alcoholic beverages within any Town park, and any alcoholic beverages found to be in the possession of anyone under 21 years of age may be confiscated.
[Amended 5-21-1985 by L.L. No. 1-1985; 2-4-1992 by L.L. No. 2-1992]
G. 
Transporting of alcoholic beverages is permitted only in unopened containers, and consumption of such beverages is restricted to picnic areas, camping areas or other areas designated by the Park Superintendent or park patrolman.
[Amended 5-19-1981; 5-21-1985 by L.L. No. 1-1985]
[Amended 5-21-1985 by L.L. No. 1-1985]
No person except a peace officer shall carry or have in his possession, vehicle or camp any gun, firearm, bow and arrow, sling shot, air rifle, ammunition or explosive within a park area, and no person shall hunt or molest or drive any game or trap within or from the park areas.
No person shall start or maintain a fire except in the fireplace provided for that purpose or at places especially indicated by the official in charge of the park, and all fires shall be continuously under the care of a competent person. No person shall allow any fire to injure or destroy any shrub, tree or branches thereof, nor shall any person discard or throw away lighted matches, cigarettes or cigars in such a manner as to create a fire risk of any sort.
[Amended 5-2-1978; 5-21-1985 by L.L. No. 1-1985]
A. 
Bathing is prohibited in waters not specifically designated as a bathing area and protected by lifeguard service. Bathing after the hours of darkness is likewise prohibited. Bathing without proper dressing is prohibited.
B. 
Skin or scuba diving is prohibited in any body of water adjoining the park when preparations are made from or based on park property without written permission from the Town Board. Approved training exercises by fire departments shall not require permission.
[Amended 5-2-1978; 5-21-1985 by L.L. No. 1-1985]
A. 
No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech, address or harangue, exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description, exhibit any dramatic performance or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, ropewalking or any other acrobatics or show of any kind or nature, run or race any horse or any other animal or, being in or on a vehicle, race with another vehicle or horse, whether such race is founded on any stake, bet or otherwise, in any Town park except by written permit issued by the Town Clerk of the Town of Owego as authorized by the Town Board.
B. 
No parade, drill or maneuver of any kind shall be conducted, nor shall any procession form for a parade or proceed in any Town park without a written permit issued by the Town Clerk of the Town of Owego.
C. 
Games of various kinds shall be played only at places provided for such games or as designated by the Park Superintendent or a park patrolman.
[Amended 5-2-1978]
A. 
No omnibus or taxi shall operate within any Town park except as duly authorized by the Park Superintendent or by such other person as may be delegated by the Town Board.
[Amended 5-21-1985 by L.L. No. 1-1985]
B. 
The rate of speed for any motor vehicle being operated within any Town park shall not exceed 20 miles per hour, except that the rate of speed for any motor vehicle operating within the camping area shall not exceed 10 miles per hour.
[Amended 5-21-1985 by L.L. No. 1-1985]
C. 
No vehicles shall be parked in any place except duly designated parking areas nor in excess of the posted sign limits. Parking must also be in accordance with the instructions of the park officials in charge of parking areas.
D. 
No vehicle shall at any time stop or park on any roadway or on any grassed area adjacent to the roadway unless the adjacent grassed area is a duly designated parking area.
E. 
No person shall drive or propel vehicles on lawns or other park property off the established roads and parking areas, except as directed by park officials.
F. 
Every driver of a vehicle operated on a park road within any Town park or any parking area shall comply with instructions conveyed by any stop, yield, slow, speed, caution, movement, alignment, exclusion, restriction, parking or other regulation sign, signal or marking established or maintained by the Town Board within any Town park.
[Amended 5-21-1985 by L.L. No. 1-1985]
[Amended 5-21-1985 by L.L. No. 1-1985; 6-6-2017 by L.L. No. 1-2017]
No person shall operate a snowmobile, a minibike, a go-cart or any other unlicensed vehicle propelled by other than muscular power within any Town park, with the exception that the use of an unlicensed, motorized vehicle such as a scooter or golf cart may be used in Town parks, provided the operator or occupant has a visible and valid accessible hang tag on the vehicle.
[Amended 5-2-1978; 5-19-1981; 3-16-1982; 5-21-1985 by L.L. No. 1-1985; 2-4-1992 by L.L. No. 2-1992]
A. 
Reservations for use of any Town park other than for camping sites shall be made with the Town Clerk in accordance with such rules and regulations as the Town Board of the Town of Owego may adopt.
B. 
Reservations for special uses of the park grounds or the pavilions shall be in accordance with Subsection A above.
(1) 
Any person, whether as an individual or as a representative of any group, organization or other gathering, who applies for and receives a special permit for the use of the pavilions or park grounds shall be totally responsible to:
(a) 
Ensure that all sections of this chapter are maintained and adhered to at all times.
(b) 
Ensure that all people attending such gatherings are aware that the permit holder is the person responsible for ensuring compliance with this chapter during the time the special permit is in effect.
(2) 
The person requesting and signing said permit shall be in attendance throughout the entire period that said permit is in effect.
C. 
All permits expire at the designated closing hour of the park, at which time all areas shall have been cleaned and vacated in accordance with the provisions of this chapter. Failure to leave the grounds by the designated closing hour shall be considered a violation of § 80-7C of this chapter. Leaving the grounds in an unclean or disorderly manner as determined by the Park Superintendent or park patrolman shall be a violation of this chapter and shall be punishable in accordance with § 80-17 of this chapter.
D. 
Use of pavilions.
[Amended 2-28-1995 by L.L. No. 1-1995]
(1) 
Any person desiring to reserve a small pavilion shall pay a fee of $25 for a weekday and $50 for a weekend day or holiday. Any person desiring to reserve a large pavilion shall pay a fee of $50 for a weekday and $100 for a weekend day or holiday.
(2) 
Any person reserving a pavilion who will be using Town electricity for catering or live entertainment shall pay an additional fee of $15.
(3) 
Pavilion rental fees and electrical fees are to be paid within 10 business days of making the reservation. Failure to pay the rental and electrical fees within the 10 days will automatically cancel the reservation. In the event of cancellation, the following amounts will be refunded:
[Amended 2-23-1999 by L.L. No. 4-1999]
(a) 
For cancellations 60 days or more prior to the date of the reservation: the total rental and/or electrical fee less a processing charge of $10.
(b) 
For cancellations less than 60 days but more than 30 days prior to the date of the reservation: 1/2 the total rental and/or electrical fee.
(c) 
For cancellations 30 days or less prior to the date of the reservation: no refund.
(4) 
Any person 21 years of age or older who rents a pavilion automatically obtains an alcoholic beverage permit at no additional cost and without the necessity of posting a deposit.
E. 
Reservations. Use of any Town park or portion thereof for special events or for groups with more than 25 people may be required to make reservations with the Town Board. Such use shall be in accordance with the terms and conditions set by the Town Board for the particular group or special event, which terms and conditions may include, among others, the following:
(1) 
The Town Board may require that a cash bond be posted with the Town Clerk in an amount recommended by the Town Park Superintendent.
(2) 
The Town Board may charge for parking, actual labor and expenses incurred by the Town for preparation and cleanup of the reserved site, garbage hauling, actual damages to the reserved site and such other and further expenses or charges specified by the Town Board at the time the reservation is made.
(3) 
In the event that the person, group or association reserving the site fails to pay the charges set forth in the above subsection within 30 days of billing, the Town may, in addition to any other remedies available at law, use the money posted as a bond to obtain payment in full.
F. 
Alcoholic beverage permit.
[Amended 2-28-1995 by L.L. No. 1-1995]
(1) 
Any person desiring to obtain an alcoholic beverage permit shall pay a deposit of $25 to the Town Clerk, except as provided in § 80-14D(4).
(2) 
Upon satisfactory cleanup of the park area used and upon presentation to the Town Clerk of a signed refund approval from the Town Park Superintendent or Deputy Park Superintendent, $20 of the original deposit of $25 shall be refunded. The refund must be claimed within seven calendar days after the event or the entire deposit will be forfeited.
(3) 
No permit will be issued to persons under 21 years of age.
G. 
Park vendor's permit.
(1) 
Any person or organization desiring to obtain a park vendor's permit shall pay a fee of $10 if no electricity is to be supplied by the Town park and $25 if electricity is to be supplied by the Town park.
(2) 
The vendor shall have the park vendor's permit in his or her possession at all times while in the park and shall display the park vendor's permit upon the request of any Town official.
(3) 
No permit will be issued to persons under 16 years of age.
[Amended 5-21-1985 by L.L. No. 1-1985]
Any person finding or taking possession of any personal property of which such person is not the owner shall deliver the same immediately to the Park Superintendent or park patrolman or to the Town Clerk of the Town of Owego, and the losers of such property shall apply to said Superintendent or park patrolman or to the Town Clerk of the Town of Owego for the restoration of such lost articles.
[Added 5-2-1978]
A. 
The opening of any Town park shall be in the spring of each and every year, and a specific date and time shall be designated by order of the Town Board of the Town of Owego.
[Amended 5-21-1985 by L.L. No. 1-1985]
B. 
The hours of operation of the various Town parks shall be established by resolution of the Owego Town Board. The access gates may be opened or closed during the hours in which the parks are not in operation.
[Amended 5-19-1981; 5-21-1985 by L.L. No. 1-1985; 7-17-2007 by L.L. No. 4-2007]
C. 
The hours of operation may be altered at any time by the Superintendent of Parks or his representative when deemed necessary to accommodate special events and/or any public safety hazard that may exist.
D. 
Any person that remains in the park after the designated closing hour or who shall enter before or after the designated opening or closing hours shall be in violation of § 80-7C of this chapter.
E. 
While any Town park shall be officially closed during the winter of each year, hikers, skiers and fishermen shall be permitted reasonable use of the park, provided that such use is in conformance with the remainder of the rules and regulations of this chapter. The Superintendent of Parks or park patrolman shall have the right to remove any person or vacate any campsite when behavior is not consistent with this chapter.
[Amended 5-21-1985 by L.L. No. 1-1985]
[Added 8-15-2017 by L.L. No. 4-2017]
A. 
Members of the State Police, Tioga County Sheriff's Office, Village of Owego Police or any other peace officer shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
B. 
Ejectment. Members of the State Police, Tioga County Sheriff's Office, Village of Owego Police or any other peace officer, the Parks Supervisor and/or designated Town personnel shall have the authority to eject from parklands any person acting in violation of this chapter.
[Amended 5-19-1981; 5-21-1985 by L.L. No. 1-1985; 8-15-2017 by L.L. No. 4-2017]
A. 
Any violation of this chapter shall constitute a violation with a maximum civil penalty of $250 to be imposed; provided, however, that the violation of any provision of this chapter governing or regulating traffic within any Town park as authorized by the Vehicle and Traffic Law shall be a traffic infraction and shall be punishable in accordance with the New York State Vehicle and Traffic Law.
[Amended 11-3-2021 by L.L. No. 2-2021]
B. 
Notwithstanding the above, the Town Board of the Town of Owego may also, at its option, maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, the rules and regulations of this chapter.
C. 
Parents or legal guardians of infants over 10 and less than 18 years of age shall be liable for damages or destruction caused in Town parks by such infants, up to the sum of $5,000, pursuant to the provisions of § 3-112 of the New York State General Obligations Law.
D. 
In addition to any penalties described herein, any persons causing damage to park property, real or personal, shall be liable to the Town of Owego for such damage in a civil action.
E. 
Persons may be banned from use of Town parks by the Parks Supervisor for a time period to be determined by the Parks Supervisor or his/her designee. Banned individuals must petition in writing to the Parks Supervisor for return of park privileges.
[Added 8-15-2017 by L.L. No. 4-2017]
If any clause, sentence, paragraph, section, article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.