City of Port Jervis, NY Chapter 389 Parks and Recreation

[HISTORY: Adopted by the Common Council of the City of Port Jervis as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 215.

Recreation fees — See Ch. 280.

Article I General Provisions

[Adopted 6-10-1996 by L.L. No. 10-1996 (Ch. 113 of the 1981 Code)]

§ 389-1 City parks, beaches and recreation areas.

A. The following areas, facilities, parcels or locations are hereby designated parks, beaches or recreation areas for the purpose of this chapter:

	Veterans Park (formerly Orange Square)
	Elks-Brox Park
	West End Beach
	Church Street Park
	Riverside Park
	Tri-State Parks
	Mother's Park
	John Glenn Park
	Chris Marion Park
	Health Center

B. 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.

C. 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.

§ 389-2 Prohibited activities.

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

[Amended 11-26-2012 by L.L. No. 4-2012]

F. Swimming. No swimming shall be permitted at West End Beach except during those hours designated for swimming and when lifeguards are on duty.

G. Smoking.

[Added 2-27-2012 by L.L. No. 1-2012]

(1) 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:

(a) Protect the public health, safety and general welfare by eliminating exposure to secondhand smoke.

(b) Acknowledge the need of nonsmokers, especially children, to breathe smoke-free air, recognizing the danger to public health which secondhand smoke causes.

(c) 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.

(d) 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.

(2) 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.

(3) Definition. As used in this chapter, the following term shall have the meaning indicated:

SMOKING

Inhaling of, exhaling of, burning of, or carrying of any lighted cigar, cigarette, pipe, weed, or other plant in any manner or any form.

(4) 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.

(5) 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.

§ 389-3 Penalties for offenses.

Any person committing an offense against any provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I.

Article II Watershed Recreational Area

[Adopted 1-9-2017 by L.L. No. 3-2017]

§ 389-4 Statement of policy; creation of area.

A. 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.

[1] Editor's Note: So in original.

B. 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.

C. 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.

§ 389-5 Requirements; prohibited and permitted activities.

A. 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.

B. 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.

C. No loitering by a person or persons within the recreational area shall be permitted.

D. 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.

E. 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.

F. Dogs on leashes shall be permitted in the recreational area.

G. 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.

H. 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.

I. No posting or distributing of advertising materials or soliciting in connection with the same shall be permitted within the recreational area.

J. No camping, campsites, campfires or open fires shall be permitted within the recreational area.

K. No picnics or outings or group activities shall be permitted within the recreational area except in specifically designated areas.

L. No fishing, hunting or the use of bows and arrows, guns or firearms shall be permitted within the recreational area.

M. The pollution of waters within the recreational area, injury to property and the environment shall be prohibited within the recreational area.

N. 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.

§ 389-6 Penalties for offenses.

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.