[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-2010 by L.L. No. 3-2010.[1]]
[1]
Editor's Note: This local law also repealed former Ch. 91, Parks and Recreation Areas, comprised of Art. I, Regulatory Sign, adopted 5-13-1980, as amended; Art. II, Rules and Guidelines for Tournament Sponsors, adopted 5-13-1986 by Res. No. 6-86, as amended; Art. III, Park Use Permit, adopted 5-13-1986 by Res. No. 7-86; Art. IV, Use of Concession Stand, adopted 5-13-1986 by Res. No. 8-86, as amended; Art. V, Reserved; Art. VI, Use of Motor Vehicles, adopted 6-10-1986 by Res. No. 9A-86; Art. VII, Park Improvement Fund, adopted 7-8-1986 by Res. No. 14-86; and Art. VIII, Hours of Operation, adopted 9-12-1995 by L.L. No. 2-1995.
The purpose of this article is to promote the health, safety,
moral and general welfare of the inhabitants of the Village of Dundee
by providing regulations designed to preserve the peace, good order
and safety of the users of the Village parks and the physical amenities
thereof.
As used in this article, the following terms shall have the
meanings indicated:
Any park, reservation, playground, beach recreation center
or any other area in the Village of Dundee owned, designated or used
by the Village of Dundee for active or passive recreation.
A permit issued by the Village Clerk, in a form prescribed
by the Board of Trustees of the Village of Dundee, authorizing the
use of a park facility by a designated person for a specific purpose
on a designated date and time.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal drawn
or self-propelled, except as otherwise specified herein. The term
shall include any trailer in tow of any size, kind or description.
The term shall not include baby carriages, bicycles and vehicles in
the service of the parks, police or emergency vehicles.
The Village of Dundee.
The Clerk of the Village of Dundee.
Signs shall be placed at the entrances to the parks with the
following language thereon:
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Property of the Village of Dundee, New York
No One is Permitted on Park Grounds From
1/2 Hour After Sunset Until 1/2 Hour Before Sunrise
Except by Park Use Permit Issued by the Village Clerk
No Alcoholic Beverages Allowed
No Smoking Allowed
No Swimming Allowed
Violators Are Subject to Prosecution
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A park use permit must be obtained from the Village Clerk for
use of the parks by organizations or individuals who wish to hold
special events, activities, tournaments or any other functions, or
to use the park facility during a time when the park is not open to
the public.
Alcoholic beverages, illegal substances and smoking are not
permitted in or on any park.
No person shall have, possess, carry or consume any beverage
in any container made in whole or in part of glass material in or
upon any Village park.
The following is prohibited in or on park grounds:
A.
Disturbing the peace and good order by fighting, quarreling or threatening
violence to the person or property of others or engaging in disorderly
conduct.
B.
Possessing any firearm or illegal weapon.
C.
Use of obscene, profane or abusive language.
D.
Defacing, disturbing, destroying or removing any part of any park
property, whether a building, sign, equipment, shrubs, fences, trees
or other material found within the park.
E.
Leaving garbage, trash or rubbish therein.
F.
Disturbing of wildlife by other than the presence of a person or
persons.
G.
Disobeying an order of a Village Officer or employee, law enforcement
officer or any other official engaged in enforcing state or local
laws or the rules and regulations of the Village.
H.
Possession of or setting off fireworks of any type.
I.
Being under the influence of intoxicants.
J.
Moving or changing the location of any benches or other park property
without the prior authorization of the Superintendent of Public Works.
A.
Parking by motor vehicles is allowed in designated areas only.
B.
Park users who exhibit a New York State-authorized handicapped insignia
on their vehicle may operate their vehicle near the ball diamond and/or
playground areas for the sole purpose of parking their vehicles in
close proximity of those areas.
C.
Except as otherwise provided herein, operation of motorized vehicles
within parks is expressly prohibited.
No person or organization shall post or distribute advertising
matter or sell or offer for sale merchandise, tickets, service or
any other thing of value, or solicit within any park area in connection
with things to be sold or provided outside the park, except by authorization
of a permit issued by the Village Clerk.
No person shall keep or permit any animal, except household
pets on a leash or in cages, to enter the Village parks or playgrounds.
Any animal found at large in a park may be seized pursuant to law.
A.
No person shall erect any structure, stand or platform; hold any
meeting; perform any ceremony; make a speech, address or debate; exhibit,
display or distribute any sign, placard, notice, declaration or appeal
of any kind or description; exhibit any dramatic, musical or other
performance or run or race any horse or any other animal, or being
in or on a vehicle or horse, in a park, except by written permit issued
by the Village Clerk of the Village of Dundee.
B.
No parade, drill or maneuver of any kind shall be conducted, nor
shall any procession form for a parade or proceed in the Village parks
without a permit issued for same by the Village Clerk.
A fee schedule for the issuance of park use permits shall be
established by motion duly adopted by the Board of Trustees. Such
fee schedule may thereafter be amended from time to time by like motion.
A violation of any provision of this article shall be punishable
by a fine not to exceed $250, a period of incarceration not to exceed
15 days or by both such fine and incarceration.
[Adopted 10-12-2021 by L.L. No. 4-2021[1]]
No person shall smoke or vape any product in or on any Village-owned
parks, recreation areas, playgrounds, outdoor sporting facilities,
outdoor stages or parking lots for such facilities or any other Village-owned
property. For the purposes hereof, smoking and vaping shall be defined
pursuant to the provisions of §§ 1399-n(8) and 1399-aa(13)
of the Public Health Law of the State of New York.
A.
Any person
who violates any provision of this article shall, upon conviction,
be punished by a fine of not more than $250 or by incarceration for
not more than 15 days or both such fine and incarceration.
B.
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection A hereof, the person violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Dundee, and be pursuant to an order of conditional discharge issued by the Court.
