[HISTORY: Adopted by the Board of Trustees of the Village
of Highland Falls as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-5-2009 by L.L. No. 7-2009]
A public park is an area set aside for the recreation of the
public so as to foster its health, welfare and enjoyment. In order
to ensure these benefits to the public, the Village Board of Trustees
has found it necessary to enact this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A park, public recreation area, playground, beach, recreation
center or any other area in the Village owned, designated or used
by the Village as parkland and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All Village parks and recreation areas shall be open only from
dawn to dusk. The presence of any person in a Village park or recreation
area between dusk and dawn shall be a violation of this chapter. Each
day a violation occurs shall be deemed a separate and distinct violation.
Village parks' and recreation areas' opening and closing hours may
be amended from time to time by resolution of the Board of Trustees.
[Amended 11-15-2010 by L.L. No. 3-2010; 3-7-2022 by L.L. No. 2-2022]
A.
Smoking
of any substance by any method is hereby prohibited in all Village-owned
parks, including, but not limited to, Center Street Park, Ladycliff
Park and Memorial Park, and Roe Park.
B.
All dogs,
whether on or off leash, shall be prohibited in Center Street Park,
Ladycliff Park and Memorial Park, and Roe Park. The presence of any
dog in Center Street Park, Ladycliff Park or Memorial Park shall be
prima facie evidence of a violation of the provisions of this section,
and the owner of such dog shall be subject to the penalty provisions
of this chapter. This section shall not apply to a service dog accompanying
a handicapped person.
A.
Enforcement of this chapter. Any member of the Village of Highland
Falls Police Department shall enforce the provisions of this chapter.
B.
Ejection. In addition to and not in lieu of the penalties set forth
herein, the Village of Highland Falls Police Department shall have
the authority to eject from a park or recreation area any person acting
in violation of this chapter.
A.
Except as otherwise set forth herein, conviction of a violation of
this chapter shall result in a warning for a first offense; a minimum
penalty of $25 and maximum penalty of $50 for a second offense committed
within one year of the first offense; and a minimum penalty of $50
and maximum penalty of $150 for a third and each subsequent offense
committed within one year of the first offense.
B.
Any person who is convicted of a violation of § 146-4 of this chapter shall be subject to a minimum fine of $25 and a maximum fine of $250 or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for conviction of a second violation committed within one year of the first violation, such person shall be subject to a minimum fine of $50 and a maximum fine of $250 or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for conviction of a third violation committed within one year of the first violation, such person shall be subject to a minimum fine of $100 and a maximum fine of $250 or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for conviction of a fourth violation committed within one year of the first violation, such person shall be subject to a minimum fine of $150 and a maximum fine of $250 or a maximum of 15 days imprisonment, or both such fine and imprisonment.
