[HISTORY: Adopted by the Town Board of the
Town of Kent 9-24-1973 by L.L. No. 16-1973; amended in its entirety 8-3-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
The following terms, wherever used in this chapter, shall have
the respective meanings assigned to them unless another meaning clearly
appears from the context:
Any beach, shore or area designated as a "bathing area,"
including the water area and lands underwater adjacent to said area
and the docks and structures therein.
Any person owning or having the use, possession or control
of a vehicle, animal or other property by lease or otherwise.
All of the parks, playgrounds, athletic fields, tennis courts,
swimming pools, beaches, boardwalks, piers, docks and other recreational
areas, open places, roadways, roads, paths, walks, waters and lands
underwater and other appurtenances as the same shall be utilized,
whether now owned or hereafter acquired by the Town of Kent. Said
district shall be defined as all that property shown on a certain
map entitled "Lake Carmel, Town of Kent, Putnam County," filed in
the Putnam County Clerk's office May 17, 1930, as Map No. 130-1,
130-AA, 130-BB, 130-CC, 130-DD, 130-EE, 130-FF, 130-GG, 130-HH, 130-I,
130-J, 130-K, 130-L and 130-MM, excepting therefrom any exclusion
of record.
Any written authorization issued by the Town Clerk of the
Town of Kent or other authorized individual for a specified privilege
within the aforesaid park district.
Any natural person, corporation, association, society, organization,
firm or partnership.
Any member of the police force of the Town of Kent, or any
constable, sheriff or deputy sheriff assigned by the Town Board of
the Town of Kent or other proper authority to duties in said park
district.
The interpretation of these rules and regulations and provisions
shall be construed as follows:
A.Â
Any term in the singular shall include the plural.
B.Â
Any term in the masculine shall include the feminine and neuter.
C.Â
Any requirement or provision involving any act shall include the
causing, procuring, aiding or abetting, directly or indirectly, of
such act, or the permission or allowance of any minor in the custody
of any adult, doing any act prohibited herein.
D.Â
These provisions shall not make unlawful any act necessarily performed
by any officer or employee in the line of duty or work.
Residents, inhabitants and taxpayers of Park District No. 1
shall at all times have access to and may enter upon and use the privileges
appurtenant to the parklands defined herein. However, at such times
when deemed necessary by the proper authorities in the interests of
public safety, welfare or emergency, such access to said parklands
and permission to use said parklands may be revoked for any period
of time necessary.
A.Â
All residents, inhabitants and taxpayers of said Park District No. 1 shall be required to obtain a park district photo ID for identification at park district beaches. Residents shall produce their park district photo ID when called upon to do so by any authorized representative of the Town Board or any person assigned to such duty by the Town Board or its agents. All other persons shall be required to display a permit issued pursuant to § 50-4 hereof.
B.Â
The use of the beach areas shall be restricted to all property owners
and their lessees and the members of their immediate families and
their guests. Only those persons shall be admitted to beach areas
who are properly identified as members of those groups named above.
All motor vehicles and other vehicles shall have their identification
verified by a car sticker to be issued by the Lake Carmel Park District.
These stickers are to be issued for each motor vehicle or other vehicle
belonging to the residents and owners of the park district upon presentation
of a paid tax bill or proof of residency covering the current year.
These stickers may be obtained at the Town Hall during regular business
hours.
A.Â
Registration stickers.
(1)Â
All property owners and their lessees and the members of their immediate
families maintaining boats on Lake Carmel shall register each boat
with the Town of Kent Park District Office. The Park District Office
will assign a number and will issue two registration stickers to each
boat, free of charge. However, boat owners shall be charged a replacement
fee, as set by resolution of the Town Board, for the reissuance of
a registration sticker that has been lost or misplaced. The Park District
Office shall provide the registration numbers to the Kent Police Department.
(2)Â
The number and registration stickers must be displayed on both sides
of the boat. The numbers must be displayed in characters at least
three inches high. If a boat is not registered or if a boat is abandoned
within the judgment of the park officials, the same shall be impounded
by the park officials, and a fee as set by resolution of the Town
Board shall be collected before the same is returned. Said fee shall
be added to the Park District funds.
(3)Â
Trolling motors must display a current registration sticker. Trolling
motors must be registered yearly at the fee established through Town
Board resolution.
B.Â
All boats shall be removed from the park district property around
Lake Carmel for the period of time from November 1 until March 15.
Within two weeks after November 1 of each year, the Town Board shall
notify the owner to remove his or her boat. Any person found guilty
of a violation will result in the park officials impounding said boat.
A fee as set by resolution of the Town Board shall be collected before
the same is returned. Said fee shall be added to the park district
funds.
C.Â
Wearable life jackets.
(1)Â
There shall be one wearable life jacket in any boat on Lake Carmel
for each occupant of said boat. Life preservers shall conform to United
States Coast Guard standards.
(2)Â
Occupants of boats, who are under 13 years of age, must wear approved
life preservers while on the water of Lake Carmel. However, between
November 1 and May 1, all persons, regardless of age, must wear approved
life preservers while on the water of Lake Carmel.
(3)Â
(4)Â
Any owner or registrant who permits a boat to be on the waters of
Lake Carmel in violation of any provision of this section shall be
guilty of an infraction as above stated.
D.Â
No boat shall be allowed on the waters of Lake Carmel that is over
20 feet in length from bow to stern. No floating device shall be allowed
on the waters of Lake Carmel that is over 20 feet from one end to
the other lengthwise or more than six feet in width.
There is hereby imposed a curfew on bathing areas and bathing
area parking lots. Curfew hours shall be from 9:30 p.m. until 6:00
a.m.
A.Â
No person shall, in any park or park street, destroy, cut, break,
deface, mutilate, injure, disturb, sever from the ground or remove
any growing thing, including, but not limited to, any plant, flower,
flower bed, shrub, tree, growth, or any branch, stem, fruit or leaf
thereof.
B.Â
No person shall bring into any park or park street any tool or instrument
such as a hatchet, axe or saw for the cutting of any living thing.
C.Â
No person shall bring into the park any spade, shovel, rake, hoe
or any of the so-called garden or agricultural implements or tools
for the removal of any tree, shrub or plant.
D.Â
No person shall pile or maintain any material or debris of any kind
against or upon any tree, shrub, grass or plant.
E.Â
No person shall attach any rope, cable or other contrivance to any
tree, shrub or other plant.
F.Â
No person shall set fire or assist another to set fire to any timber,
tree, shrubs, plants, flowers, grass or plant growth, or suffer any
fire upon other land to extend into parklands.
G.Â
No person shall hitch any animal to, or leave the same standing near
enough so as to injure, any lawn or grass plot.
H.Â
No person shall go upon any tree, shrub, grass or plant, except at
such times when permission to do so shall have been given by the Town
Board to the public.
A.Â
Rubbish and refuse matter. No person shall take into, carry through,
leave in, or throw, cast, lay, drop or discharge into or on, or suffer
or permit any servant, agent, employee or person in his or her charge
to take into, carry through, leave in, throw, cast, lay, drop or discharge
into or on, any park or park street any rubbish of any sort, including,
but not limited to, ashes, dross, cinders, shells, fruit, fruit skins,
vegetable foodstuff, paper, pasteboard, dirt, sand, oil, grease, clay,
loam, stone or building rubbish, hay, straw, oats, sawdust, shavings,
or manufacturing, trade or household waste, vehicles or parts thereof
as junk, old iron or other metal, or objects made therefrom; or sick,
diseased or dead animals, organic refuse or other offensive matter,
including swill, brine, urine, offal, fecal matter, garbage or rubbish.
B.Â
Spitting prohibited. No person shall, in any park or park street,
spit upon any walk, crossing, safety zone, structure, bridge, platform,
stairway or floor of any building.
C.Â
Pollution of waters. No person shall throw, cast, lay, drop or discharge
into or leave in the waters used for bathing or waters in any park
or in any storm sewer or drain flowing into said waters, any substance,
matter or thing, liquid or solid, which may or shall result in the
pollution of said waters.
D.Â
Drains and sewers. No person shall discharge, directly or indirectly,
into any opening or into any gutter leading into any sewer, receiving
basin or drain, in or leading into any park or park street, any gas
or vapor or any substance which may form a deposit tending to choke
same, or any violatile liquid which will emit an inflammable vapor
at a temperature below 160° F., or any steam or hot water above
100° F.
E.Â
Protection of bathing area. No person shall throw, cast, lay or deposit
any bottle or piece of crockery, or any glass or glassware or any
part thereof, or metallic or other substance with sharp edges or projections,
on any beach or bathing area in, on or adjoining any park.
No person shall have or carry, whether or not concealed upon
his person, any pistol or revolver, or any instrument or weapon commonly
known as a "toy pistol" or in which or upon which loaded or blank
cartridges may be used, or any loaded or blank cartridges or ammunition
therefor, except when so authorized by law. No person shall use any
rifle, shotgun or fowling piece, or any air gun, spring gun or other
instrument or weapon in which the propelling force is a spring or
air, within the confines of Park District No. 1.
No dogs shall be allowed at any time on the designated beaches,
and the owners of or persons harboring such dogs or otherwise responsible
for such dogs shall be liable for violation of this provision of this
chapter.
Any person shall be guilty of violating these rules and regulations
for the following:
A.Â
Disobeying an order of a police officer, playground director, parking
attendant or other person designated by the Town Board to give orders,
or disobeying the notices, prohibitions, instructions or directions
on any park sign.
B.Â
Using threatening, abusive or insulting language.
C.Â
Doing any obscene or indecent act.
D.Â
Throwing stones or other missiles.
E.Â
Interfering with, encumbering, obstructing or rendering dangerous
any drive, path, walk, dock, beach, boardwalk or public place.
F.Â
Climbing or lying upon any wall, fence, shelter, seat, statue, monument,
boardwalk or other structure.
G.Â
Doing any act tending to or amounting to a breach of peace.
H.Â
Entering or leaving any restricted park area except at established
entranceways or exits or at established times; or using or gaining
admittance to, or attempting to use or gain admittance to, the facilities
in any park.
I.Â
Introducing, carrying or firing firearms, firecrackers, or fireworks, except as provided by § 50-9 hereof.
J.Â
Engaging in, instigating, aiding or encouraging a contention or fight.
K.Â
Assaulting any person.
L.Â
Doing, aiding, abetting or assisting in doing any act injurious to
any person, animal or property within any park or on any park street
not specifically prohibited herein.
M.Â
Acting as crier or advertiser, through the media of voice, public
address system or other mechanical device, on beaches or boardwalks
or in the vicinity of same.
N.Â
Dressing or undressing in autos, trucks, buses or other conveyances
or anywhere within the parkland except in such places as may be designated
or maintained by the park district for such purpose.
O.Â
Feeding any waterfowl on Lake Carmel and anywhere along the shores
of Lake Carmel is prohibited. The shores on Lake Carmel for purposes
of this section shall be defined as the land extending from the shoreline
to the pavement of the nearest roadway.
A.Â
The speed limit for all vehicles within the area of said parkland
may be provided for by the Town Board and designated by suitable signs
on the roads and roadways in the parkland. All owners and operators
of motor vehicles and other vehicles shall comply with the Vehicle
and Traffic Law of the State of New York while operating any vehicle
within the parkland, with such modifications of said law as provided
for herein.
B.Â
Commercial vehicles shall not be allowed within said parkland except
as may be necessary for building or construction purposes or for the
rendering of some necessary and useful service, or those vehicles
owned and/or used by residents necessary for their transportation
to and from their work.
C.Â
The Town Board may designate and limit such roads and roadways as
in its discretion may be used for the operation of any commercial
vehicle.
D.Â
Nothing in this section shall apply to vehicles and apparatus of
the Fire Department, Police Department or public service emergency
vehicles when in such parkland in case of fire or other emergency.
E.Â
No person shall cause or permit any motor vehicle or other vehicle
unnecessarily to obstruct traffic on any road, street or roadway,
or stop or park except at such places as may be designated, except
in case of emergency. This provision shall be deemed to include parking
at night.
F.Â
Parking of any motor vehicle or other vehicle is prohibited on the
lakeshore side of any road abutting Lake Carmel.
A.Â
The Town Board shall have the right to remove or cause to be removed
any and all existing projections, encroachments, docks, piers and
other impediments when, in the opinion of the Town Board, such removal
shall be necessary or desirable for the improvement of the parkland.
B.Â
Hereafter, no person shall erect a wharf, pier or other structure
on the park property without obtaining the prior consent of the Town
Board by resolution passed at a meeting of the Town Board duly called
and held, and such resolution, if passed, shall provide appropriate
safeguards to assure that the structure, when erected, shall be available
to all the inhabitants of the park district.
Pursuant to § 198, Subdivision 4, of the Town Law,
the operation of motorboats, airplanes, drones, or any internal combustible
vehicles with the exception of registered electric trolling motors
on Lake Carmel in Park District No. 1 of the Town of Kent is hereby
prohibited.
Any person found guilty of a violation of this chapter or any
part thereof or any rule or regulation made thereunder, that does
not have its own penalty provision, shall, upon conviction thereof,
be subject to a fine of not more than $250 or to imprisonment of not
more than 15 days, or to both such fine and imprisonment.
A.Â
In the interest of public safety, no fishing shall be permitted along
Route 311 where Route 311 crosses Lake Carmel at any time, nor within
any bathing area.
B.Â
Any person violating any of the provisions of this section shall
be liable for and shall pay a penalty to be set by Town Board resolution.
No person shall take into, carry through, leave in or throw,
cast, lay, drop or discharge into or on any park or park road, with
the exception of the Lake Carmel Community Center and that property
leased to tenants at 640 Route 52, Tax No. 33.-1-76, any glass container
of any sort, including, but not limited to, bottles, jars and glasses.
No person shall enter or remain upon any parklands of Park District
No. 1, with the exception of the Lake Carmel Community Center and
that property leased to tenants at 640 Route 52, Tax No. 33.-1-76,
while in possession of any alcoholic beverage.
No entry shall be permitted from Champlain Drive onto Terry
Hill Road, nor entry from Terry Hill Road onto Champlain Drive. A
physical barrier, removable only in case of emergency, shall be erected
to prevent passage on Champlain Drive either from or to Terry Hill
Road.
Smoking on any and all of the beaches located within Park District
No. 1 in the Town of Kent is strictly prohibited. For the purposes
of this section, "smoking" shall include cigarettes, cigars, pipes
and any other form of smoking.