Hours of operation. City parks, beaches and recreation
areas, or portions thereof as designated by the Common Council, shall
be open to the public on such days and during such hours as the Common
Council shall from time to time fix by resolution. Notice of such
hours of operation shall be clearly posted at the entrance(s) to any
such area. City-authorized and sanctioned recreational activities
or programs shall be exempt from the normal hours of operation as
set forth herein or as adopted by resolution of the Common Council.
Facilities; supervision. Operations of the City parks,
beaches and recreation areas shall be under the supervision of the
Superintendent of Recreation. It shall be the duty of the Superintendent
and his department to equip and supervise such area as desired.
Loitering. No person or persons shall loiter or remain in or about a City park, beach or recreation area during any time such area is not open to the public as such hours are designated by the Common Council as set forth in § 389-1B above.
Parking. Except as permitted and only then in designated
areas, no person or persons shall park a motor vehicle, motorcycle
or recreational vehicle of any type in a City park, beach or recreation
area. The foregoing shall not apply to any authorized or supervised
activities of the Recreation Department or such other department having
jurisdiction thereof.
Alcoholic beverages. It shall be unlawful for any
person or persons to carry upon, have in their possession upon or
cause to be carried upon any City park, beach or recreation area any
alcoholic beverage, including wine, beer or liquor.
Glass containers. It shall be unlawful for any person
or persons to carry upon, have in their possession upon or cause to
be carried upon, sell or use upon any City park, beach or recreation
area any glass container.
Animals. No animals shall be allowed in or on the grounds of any City park, beach or recreational area. Such shall be enforced by any police officer, peace officer or the Animal Control Officer as defined in § 215-8.
Findings.
The City of Port Jervis finds that smoking shall be prohibited upon
or within all City parks, beaches and recreation areas and within
25 feet of all public entrances to City buildings in order to:
Acknowledge the need of nonsmokers, especially children, to breathe
smoke-free air, recognizing the danger to public health which secondhand
smoke causes.
Recognize that the need to breathe air free of the disease-causing
toxins in secondhand smoke should have priority over the desire and
convenience of smoking upon or within all City parks, beaches and
recreation areas and within 25 feet of all public entrances to City
buildings.
Recognize the right and benefit to municipal residents and visitors
to be free from unwelcome secondhand smoke upon or within all City
parks, beaches and recreation areas and within 25 feet of all public
entrances to City facilities.
Applicability. Smoking shall be banned upon or within all City parks, beaches and recreation areas as defined in § 389-1A of this chapter. It shall also be banned within 25 feet of all public entrances to City facilities.
Posting
of signs. Signs clearly stating "Smoking is Prohibited" or "No Smoking"
and/or signs consisting of the universal pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it shall be predominantly and conspicuously posted upon the entrance
to all areas where smoking is regulated by this City Code chapter.
If such a sign is placed at the entrance to a public building it shalt
also state that there exists a 25 feet distance requirement as previously
defined in this chapter.
Enforcement.
Enforcement shall be the responsibility of the City of Port Jervis
Police Department, the City of Port Jervis Building Official or Deputy
Building Official, or any other authorized law enforcement officer.
The enforcement officer may cause to have issued and served upon the
person complained against a written notice, together with a copy of
the complaint made against him, which shall specify the provisions
of this chapter of the City Code of which such person is said to be
in violation and a statement of the manner in which that person is
said to violate it and shall require the person so complained against
to answer the charges of such complaint at the Port Jervis City Court.
Any person committing an offense against any provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I.
The City of Port Jervis does hereby create the Watershed Recreational
Area within the areas occupied by existing City parklands and the
City's water reservoirs; the City tax lots contained within the
Watershed Recreational Area are designated as:__________.[1] This area contains abundant natural, scenic and recreational
resources, including walking, hiking and biking trails. The City encourages
and facilitates the use and enjoyment of this recreational area and
the facilities the City has created for the use and enjoyment of the
public believing that the use of these facilities promotes and enhances
the well-being of the citizens of the City of Port Jervis and visitors
to the City.
However, there may be dangers created by natural hazards within the
recreational area, and the use of the recreational area and its facilities
by the public for varied and divergent purposes may also, if not controlled,
endanger the safety of individual users and the environment of the
area.
Therefore, in order to enhance and promote the safety, well-being
and enjoyment of each individual in the use of the Watershed Recreational
Area, the enjoyment of the facilities within the area and the protection
of the natural, scenic and recreational resources, this article has
been created to establish rules and regulations to govern the conduct
of the public with respect to the use of the area.
Activities by incorporated groups, school groups, legally formed
entities, clubs and organizations must be approved in advance by a
vote of the Common Council of the City of Port Jervis.
No parking of a motor vehicle, motorcycle or recreational vehicle
of any type shall be permitted within the recreational area, except
10 designated parking areas established by the City. This prohibition
shall not apply to any authorized or supervised activities of the
Recreation Department or any other City Department having jurisdiction
over the recreational area.
It shall be unlawful for any person or persons to carry upon, have
in their possession upon or cause to be carried upon or within the
recreational area any alcoholic beverage, including wine, beer or
liquor.
It shall be unlawful for any person or persons to carry upon or within
the recreational area, in their possession, or to sell or use any
glass containers.
No swimming, boating, selling or offering for sale, hire or lease
of any merchandise, service or thing of value shall be permitted within
the recreational area.
No form of entertainment, performance, contest or any such event
for commercial purposes nor the posting of advertising or handbills
in connection therewith shall be permitted within the recreational
area, except with the specific consent of the Common Council of the
City of Port Jervis.
Disorderly conduct, abusive or obscene language or gestures, obstruction
of pedestrian traffic, climbing upon any tree, fence, structure or
monument, violent or threatening behavior, unreasonable noise, gambling,
use of a snowmobile or ATV or any other motorized vehicle shall be
prohibited within the recreational area.
Penalties for violation of any section of this article are those set forth in the general provisions of Chapter 1, Article 1, of the Port Jervis City Code.