[HISTORY: Adopted Malone Village Board 2-27-1978 by Local Law No. 1, 1978. Amendments noted where applicable.]
Recreation Commission — See Ch. 43.
Editor's Note: This local law superseded former Ch. 44, Recreation Park Regulations, adopted 7-31-1972.
All persons bathing, swimming or playing at, entering or remaining upon or in any way using or occupying that area of land situate in the Town and Village of Malone generally known as the "Malone Recreation Park," to include that body of water located thereon and commonly known as "Rotary Lake," and supervised by the Town and Village of Malone and the Malone Recreation Commission shall be subject and amenable to the terms of this local law, the directives and regulations promulgated by the said Commission and the directives of those lifeguards, playground superintendents and other personnel employed by the said Commission and/or the Town or Village of Malone to supervise the said Malone Recreation Park.
No person shall bathe, swim or play at or in any way enter or remain upon, use or occupy the said Malone Recreation Park at any time other than the periods of time specified herein, without the express written consent of the Malone Recreation Commission and the Village Board of the Village of Malone.
The hours for public use of the Recreation Park, under jurisdiction of the Malone Recreation Commission, shall be set at the discretion of the Recreation Commission.
During the said season, swimming, bathing, wading and any other form of use of said Rotary Lake, and the beaches and docks adjoining same, shall be allowed only during those hours specified for swimming and only when lifeguards, employed as such by the said Commission, town or village, shall be on duty. During those times so permitted for swimming, bathing, wading and any other form of use of the said Rotary Lake, and the beaches and docks adjoining same, such use shall be confined to those areas so designated for same by the Commission, town, village, their agents or employees.
No person shall take any boat, motor-powered or otherwise, raft, mattress, tube or other apparatus, inflatable or noninflatable, to include any and all types of snorkel or diving gear, to the said park or lake for use in the said lake, except as permitted at the direction of said lifeguards.
Any use of the said lake, docks or beaches at any time or place not specifically authorized by this local law, and/or any use of same at a time when the said lifeguards are not in attendance and on duty shall constitute a violation of this local law and an act of trespass.
Except as permitted herein or as otherwise permitted by law, no person other than a member of the said Commission or an agent or employee of the said Commission, town or village shall use or operate any vehicle, as defined in the Vehicle and Traffic Law, and/or any snowmobile, as defined in the Conservation Law, on, across or upon any portion of the said Recreation Park, including but not limited to the said Rotary Lake.
During that period of time specified as the season for use of the said park, and between the hours of 8:00 a.m. and 9:00 p.m., no person other than a member of the said Commission or an agent or employee of the said Commission, town or village shall use, operate or park any vehicle of any kind on, across or upon any portion of the said Recreation Park, except in those areas specifically authorized for the use, operation and/or parking of said vehicles.
Any such use or operation of any such vehicle on, about or upon the said Recreation Park and/or the said lake at any time or place not specifically authorized by this local law shall constitute a violation of this local law and an act of trespass.
No person shall, at any time, bring or permit to run at large at the said Recreation Park any dog, cat, horse or other animal of any kind.
Except as otherwise permitted by law, no person or persons shall carry, fire or discharge any gun, pistol, firearm, bow and arrow or any weapon of any kind at the said Recreation Park.
No person or persons shall trap or hunt wild birds, quadrupeds or fur-bearing animals.
No person shall fish at the said Recreation Park and/or the said Rotary Lake, except at those times and in those places specifically authorized by the said Commission.
No person shall engage in skiing, skating, sledding, sleighing or hockey or in any other winter sport without written consent of the said Commission and village, and, if such written permission is obtained, only at such times and places as may be specifically so authorized.
No person or persons shall play and/or practice golf at the said Recreation Park without the written consent of the Malone Recreation Commission.
No person shall play or practice any other sport at the said Recreation Park, or on the said lake unless permission is first obtained from the said Commission, town or village and unless the playing or practicing of such sport is supervised by the Commission, town or village or an agent or employee of one of them.
No container, receptacle or bottle comprised of glass or glassware may be sold, transferred, brought, conveyed, carried or in any way utilized at the said Recreation Park or the said lake, except in those areas specifically designated by the said Commission and the village.
No alcoholic beverages of any kind may be sold, transferred, brought, conveyed, carried or in any way utilized at the said Recreation Park or lake, except in those areas specifically designated by the said Commission and the village.
No person shall deposit rubbish, papers, cans or waste materials of any kind on any portion of the said park or lake, excepting in baskets or receptacles maintained and provided for such purpose.
The areas of parks where children are present including picnic areas, sports areas, spectator areas, park buildings, beach areas and parking lots in the Village of Malone are designated as tobacco-free zones and will be posted as such.
No person shall camp on any portion of the said park for any period of time, without specific written permission of the Commission and village. "Camp" shall include but not be limited to the use of any vehicle to sleep in and the sleeping on any portion of the said park after sundown.
No campfires, bonfires or fires of any kind or nature shall be permitted on any portion of the said Recreation Park, except at those times and in those places specifically designated by the said Commission and the village.
No fireworks or explosive devices of any kind or nature shall be displayed, sold, transferred, brought, conveyed, carried or in any way utilized at any time or place in the said Recreation Park without the specific written consent of the said Commission and the said village.
Groups of 20 or more persons must obtain a permit from the said Commission or village to hold a picnic or party at the said park. Upon approval of the Park Superintendent, such a permit shall be issued subject to the following conditions:
The said picnic or party must be restricted to areas specifically designated for such purpose.
The granting of the permit does not give the recipients thereof exclusive use of the park or any area thereof.
The permit shall specify which area of the park the group may use for such picnic or party.
The permit shall expire at 9:00 p.m. of the day for which it is granted, unless a written extension is obtained from the said Commission or village.
The applicant assumes liability for the acts of all persons comprising the group to whom the permit was granted and is responsible for the conduct of members of his group.
Such permit may be revoked for the violation of any of the provisions of this local law.
It is hereby declared the policy of the Village Board to provide for proper usage of the said park by preventing all manner of removal or destruction of the grass and natural vegetation in the park areas and to help control erosion, waste and destruction of such lands. By this local law, the Village Board seeks to remove the danger of erosion caused by the removal or destruction of grass or natural vegetation.
No person shall move, remove or destroy any grass or natural growth of vegetation whatsoever from any lands in the said park, except as herein provided.
This local law shall apply to an owner of the whole or of any interest in said lands and to any lessee, tenant or occupant thereof and to any person whatsoever, whether or not legally or illegally upon said lands.
The Commission, town or village is hereby authorized and empowered to issue a written permit for the taking, destroying, moving, transplanting or replanting of beach grass or natural vegetation in the park, subject to any rules and regulations adopted by the Town Board or Village Board. Such permit shall be issued if it appears that the issuance of the permit will not endanger the welfare and property of the park and will not cause or contribute to the erosion, wasting or destruction of said lands.
An applicant for a permit shall file with the town or village a verified application in duplicate for such permit. The application shall set forth:
The name of the applicant.
His interest in the area concerned.
If the applicant is not the owner, his right of authority to do the work under the permit.
A description of the area concerned.
The reason for the application.
If the area concerned is to be improved with a structure, an agreement to replant the adjacent area, or, if the area concerned is not to be improved, an agreement to replant the area from which the beach grass or other vegetation is removed.
The time within which the work under the permit will be commenced and completed.
An agreement to comply with the requirements of the Building Inspector of the Village of Malone and any rules and regulations adopted by the village pursuant hereto.
The village will not be responsible in any manner for any article that may be stolen from bathhouses or automobiles, nor for any automobile that may be stolen from or damaged while upon the said park.
Any person who, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:
Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.
Acts in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others.
Unlawfully congregates with others at the park and refuses to move on when ordered by an authorized agent or employee of the said Commission, town or village.
By his actions causes a crowd to collect, except when lawfully addressing such a crowd.
Interferes with any person in any place by jostling against such person or unnecessarily crowding him.
Any person who violates any portion of this local law shall be subject to a fine not to exceed $50 and/or imprisonment for a period of 16 days for each offense.
If any section or part of a section or paragraph of this local law is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this local law.
All previous ordinances and beach regulations inconsistent with this local law, including Chapter 34 of the Village Code of the Village of Malone, are hereby repealed.
This local law shall be effective immediately.