[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.
[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.
[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.