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 has found
it necessary to enact this article.
As used in this article, the following terms shall have the
meanings indicated:
PARK
A park, reservation, 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.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
VEHICLE
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. The term shall also include watercraft.
The term shall not include baby carriages, bicycles and vehicles in
the service of the parks or other police or emergency vehicles.
[Amended 10-14-2021 by L.L. No. 3-2021]
A. Except as otherwise posted, parks shall be used and operated during
the hours of 6:00 a.m. through 10:00 p.m., except that park areas
may be used and operated at other times as may be from time to time
determined by the Board of Trustees, which shall, in its discretion,
issue a written permit for extended hours or use. Notwithstanding
the foregoing, the parks listed in this section shall have the following
hours of operation:
(1) Memorial Park shall be open and operate between 6:00 a.m. through
10:00 p.m.
(2) The Nyack Village Marina Park, including, but not limited to, the
parking lots adjacent to the Marina, shall be open and operate between
the hours of 6:00 a.m. through 12:00 a.m.
(3) Veterans Park on the corner of Main Street and Cedar Street shall
be open and operate 24 hours a day.
B. It shall be unlawful for any person to enter or remain on the Village of Nyack Park properties during any period of time the parks are not open and operating. A violation of this section shall be subject to the penalties set forth in Village Code §
250-18.
No person in a park shall engage in any of the following prohibited
acts:
A. Smoking and vaping, as defined in § 1399-N(8) and § 1399-N(9)
of the New York State Public Health Law, shall be prohibited in the
following parks:
[Amended 10-14-2021 by L.L. No. 3-2021]
(2) The
Nyack Village Marina Park.
C. Buildings and other property. The performance of any activities set forth in Subsection
C(2) and
(3) shall require a permit for such purpose from the Village Engineer after resolution of the Board of Trustees approving same.
(1) Disfiguration and removal: willfully mark, deface, disfigure, injure,
tamper with or displace or remove any building, bridge, tables, benches,
fireplaces, railings, paving or paving material, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or not, or other boundary markers,
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
(2) Removal of natural resources: dig or remove any beach sand, whether
submerged or not, or any soil rock, stones, trees, shrubs or plants,
down timber or other wood or materials or make any excavations by
tool, equipment, blasting or other means or agency.
(3) Erection of structures: construct or erect any building or structure
of whatever kind, whether permanent or temporary in character, or
run or string any public service utility lines into, upon or across
such lands.
D. Trees, shrubbery and lawns.
(1) Injury and removal: damage, cut, carve, transplant or remove any
tree or plant or injure the bark or pick the flowers or seeds of any
tree or plant; nor shall any person attach any rope, wire or other
contrivance to any tree or plant. A person shall not dig in or otherwise
disturb grass areas or in any way injure or impair the natural beauty
or usefulness of any area.
(2) Climbing trees, etc.: climb any tree or walk, stand or sit upon monuments,
vases, fountains, railings, fences or gun carriages or upon any other
property not designated or customarily used for such purpose.
(3) Hitching of animals: tie or hitch a horse or other animal to any
tree or plant.
E. Wild animals, birds, etc.
(1) Hunting; hunt, molest, harm, frighten, kill, trap, chase, tease,
shoot or throw missiles at any animal, reptile or bird; nor shall
a person remove or have in his or her possession the young of any
wild animal or the eggs or nest or young of any reptile or bird; nor
shall he or she collect, remove, have in his or her possession, give
away, sell or offer to sell, or buy or offer to buy, or accept as
a gift any specimen, alive or dead, of any fauna found in the parks.
(2) Feeding: give or offer or attempt to give to any animal or bird any
tobacco, alcohol or other known noxious substances.
F. No person
or entity shall operate any private or public business or recreational
program, including, but not limited to, any day camp or other similar
recreational program, whether conducted as a for-profit business,
on a not-for-profit basis, or as a community service, in a Village
park unless specifically authorized under a permit issued by the Village
Board of Trustees pursuant to the provisions of this chapter.
[Added 7-12-2018 by L.L.
No. 2-2018]
G. No person or entity together with a recognizable group of 10 or more persons, whether riding in vehicles or not, shall enter or remain in a Village Park unless specifically authorized under a permit issued by the Village Clerk or Board of Trustees pursuant to the provisions of §
250-16D of this chapter, with permitting authority being administered as follows:
[Added 10-10-2019 by L.L.
No. 6-2019]
(1) For recognizable groups of at least 10 but not more than 40 persons,
a permit may be issued by the Village Clerk.
(2) For recognizable groups of 40 or more persons, a permit must be issued
by the Village Board of Trustees following a vote on the permit application
at a regularly scheduled meeting of the Board of Trustees.
No person in a park shall:
A. Pollution of waters: throw, discharge or otherwise place or cause
to be placed in the waters of any fountain, pond, lake, stream, bay,
river or other body of water in or adjacent to any park or any tributary,
stream, storm sewer or drain flowing into such waters any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
B. Refuse and trash: have brought or dump, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage
or refuse or other trash. No such refuse or trash shall be placed
in any waters in or contiguous to any park, or left anywhere on the
grounds thereof, but shall be placed in the proper receptacles, where
these are provided; where receptacles are not provided, all such rubbish
or waste shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall operate any vehicle in a park unless specifically
permitted by this article. Where vehicles are permitted, all persons
shall operate their vehicles in accordance with applicable traffic
laws, rules and regulations, and the following acts or omissions shall
constitute a violation of this article:
A. State Motor Vehicle Law applies: failure to comply with all applicable
provisions of the State Motor Vehicle and Traffic Law in regard to
equipment and operation of vehicles, together with such regulations
as are contained in this article and other local laws of the Village.
B. Enforcement of traffic regulations: failure to obey all traffic officers
and park employees, such persons being hereby authorized and instructed
to direct traffic whenever and wherever needed in the parks and on
the highways, streets or roads immediately adjacent thereto in accordance
with the provisions of these regulations and such supplementary regulations
as may be issued subsequently by the Board of Trustees.
C. Obey traffic signs: failure to observe carefully all traffic signs
indicating speed, direction, caution, stopping or parking and all
others posted for proper control and to safeguard life and property.
D. Speed of vehicles: riding or driving a vehicle over a parkland road
at a rate of speed exceeding five miles an hour, except upon such
parkland roads as the Board of Trustees may designate, by posted signs,
for speedier travel.
E. Operation confined to road: driving any vehicle on any area except
designated parkland roads or parking areas, or such other areas as
may on occasion be specifically designated as temporary parking areas
by the Board of Trustees.
F. No idling: No vehicle shall idle in excess of two minutes in any
park within the Village, except that mobile vendors shall be entitled
to idle for a maximum of 15 minutes.
G. No buses, trucks in excess of 10,000 pounds, or recreational vehicles.
Buses, trucks in excess of 10,000 pounds, and large recreational vehicles
(including campers) are prohibited from entering Village parks and
recreational areas, except those used in connection with an event
approved by the Village Board of Trustees.
[Added 5-25-2017 by L.L.
No. 1-2017]
Conviction of an infraction of this article shall constitute
a violation. The minimum penalty for a first offender shall be $250;
for a second offender, $500; and for a third and subsequent offender,
$1,000 and 15 days in jail.