Alcoholic beverages — See Ch. 45.
Animals — See Ch. 74.
Firearms — See Ch. 90.
Littering — See Ch. 109.
Peddling, soliciting and transient merchants — See Ch. 128.
Subdivision of land — See Ch. 150.
Vehicles and traffic — See Ch. 162.
Zoning — See Ch. 175.
§ 125-1Legislative intent; applicability.
§ 125-3Preservation of property, resources and wildlife.
§ 125-4Refuse disposal.
§ 125-6Alcoholic beverages and illegal drugs.
§ 125-8Firearms and other weapons.
§ 125-9Motor vehicles.
§ 125-10Large group events.
§ 125-11Vending and soliciting.
§ 125-13Hours of operation.
§ 125-15Penalties for offenses.
§ 125-17Appearance tickets.
§ 125-18Improvement projects.
§ 125-19Permit application procedures.
It is the purpose of this chapter to help preserve and maintain the clean and wholesome character of village parks and green areas by establishing regulations governing activity in these village lands.
For this chapter, the following terms shall have the meanings indicated:
- Twenty minutes before sunrise and/or 20 minutes after sunset.
- GREEN AREAS
- Those areas designated as "green areas" on the subdivision maps of the Village of Washingtonville, New York.
- Park, reservation, playground, recreation center or any other public areas in the village owned and operated by the village and devoted to active or passive recreation.
- Any person, firm, partnership, corporation, association or legal entity acting individually, jointly or in a representative capacity.
- PUBLIC PLACES, PUBLIC LANDS
- Includes but are not limited to streets, highways, alleys, sidewalks, drives or parking lots located within the Village of Washingtonville, New York.
- The Village of Washingtonville, New York.
- VILLAGE PROPERTY
- All lands, buildings, village garage, Sewer and Water Department property, parks, parking facilities and/or any other property owned by the Village of Washingtonville, New York.
No person shall injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park or green area or any facility, building, sign, structure, equipment, utility or other property found therein.
No person shall dig, remove, injure, mark or destroy any tree, shrub, plant or growing thing or any rock, mineral, artifact or other material within the boundaries of any park or green area.
No person shall deposit or abandon in any park or green area any garbage, litter, sewerage, refuse, ashes, trash, waste, grass clippings, branches, shrubbery or other large or obnoxious waste material.
No person shall kindle, build, maintain or in any way use a fire in a park or green area, except in fireplaces provided or in self-supporting barbecue grills or stoves in places designated as picnic areas or by special permit.
Any fire shall be continuously under the care and direction of a competent person 18 years of age or older from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building or beneath the branches of any tree or in any underbrush.
Alcoholic beverages and illegal drugs are prohibited within village parks and green areas.
No domestic animal may be allowed to run at large in a village park or green area. All domestic animals in said areas shall be restrained on adequate leashes or under supervision by their owners.
No person owning or in charge of any dog shall allow such dog to soil, defile, defecate on or commit any nuisance in any park or green area, unless:
The person immediately removes all feces deposited by such dog by any sanitary method.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this section.
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, fireworks, explosives, knife, bludgeon or other dangerous weapons within the boundaries of any park or green area, provided that this rule shall not apply to any law enforcement officer who has been duly appointed by the government of the United States, the State of New York or any government entity.
The following rules shall be observed in parks and green areas:
No person shall operate or have in his possession within any park or green area any off-the-road motor-driven vehicles, including but not limited to any minibike, motorcycle, dunemobile, snowmobile, all-terrain vehicle, amphibious vehicle or similar motorized device.
Parking of motor vehicles shall be permitted only in designated areas.
Any vehicle parking or standing on any park or green area parking lot in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic. The Chief of Police may provide for the removal of such vehicle and payment by the owner of reasonable cost of the removal.
No field day, carnival, concert, address, rally, domestic presentation or the like at which more than 18 persons are in attendance (hereafter called "large group events") shall be held or conducted in a park or green area unless a permit for such event has first been granted by the Board of Trustees.
Each applicant for a large group event permit agrees that the applicant and all persons involved in the presentation of the event will observe the terms and conditions of the permit when issued and will comply with requests of the Board of Trustees and police concerning traffic, arrangements, alcoholic beverages, noise, crowd control measures and the use of village facilities.
A person shall not use village-owned property or any parklands or green areas for business or professional purposes involving the sale of any goods or the rendering of any service for a fee or for the purposes of soliciting alms or contributions unless authorized to do so by the Board of Trustees.
A person shall not post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars or advertisements in any form for advertising purposes directly in or in the immediate vicinity of any park or green area unless duly authorized by the Board of Trustees.
Parks and green areas are open to the public during the hours from sunrise until dusk.
It shall be unlawful for any person or persons, other than village personnel conducting village business therein, to occupy or be present in any park or green area during any hours in which a park or green area is not open to the public unless written permission has been previously obtained from the Board of Trustees.
It shall be unlawful for any person to violate any rule or regulation governing conduct in village parks or green areas.
Any person convicted for any activity declared illegal by the laws of the State of New York or the village, when such activity is engaged in within the confines of any park or green area, shall be deemed a violation of the provisions of this chapter, subjecting such person to the provisions of § 125-15, Penalties for offenses.
Any person who is convicted of or pleads guilty to violating any provision of this chapter shall be subject to a fine as set forth below:
For purposes of this section, a plea of guilty shall be deemed equivalent to a conviction.
The Village Police Department, Building Inspector, any employee of the Department of Public Works or any other village employee or official designated by resolution of the Board of Trustees shall enforce all provisions established by this chapter.
In addition to any other method of enforcement, appearance tickets shall be issued pursuant to Article 150 of the Criminal Procedure Law for any violation of this chapter. An answer to an appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the personal appearance time stated on the appearance ticket.
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form authorized by this chapter, enter a plea of guilty to the appropriate office and forward the form and appearance ticket. A check or money order in the amount of the penalty schedule appearing on the answer form must be submitted with the answer.
If the person charged with the violation denies part or all of the violation, he may complete an appropriate form prescribed for that purpose, enter a plea of not guilty and forward such form and appearance ticket, together with security in the amount of $15, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such person shall be notified by return mail of the date and place of such return date, and the security shall be returned upon appearance of the accused. If a person fails to appear at a return date when such appearance is required, the security posted shall be forfeited, and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
The form for answer by plea of guilty or not guilty shall include a statement setting forth in substance the provisions of this section and the schedule of penalties that can be imposed if a plea of guilty is entered. The form format and content shall be approved by the Board of Trustees.
Any person or community group that wishes to commence or conduct an improvement project or maintain any village park or green area shall petition the Village Board for a permit. No improvement project or private maintenance program can be conducted without a permit.
Applications for permits required by this chapter shall be submitted to the Village Clerk in writing and shall:
The Board of Trustees may establish rules for the issuance of permits and may delegate the authority for the issuance of permits to the Village Manager.
The Board of Trustees may establish a permit fee to be prescribed in the schedule of fees adopted by resolution of the Board of Trustees. The Village Board of Trustees may establish liability insurance requirements and a permit fee by resolution from time to time.
The Board of Trustees may grant an exception to any of the provisions of this chapter upon receipt of a written request setting forth the relief desired and the basis for the relief. The Board may grant an exception if it is in the best interests of the village. The Board may establish adequate conditions which will eliminate or reduce any expenses or adverse effects.