[HISTORY: Adopted by the Town Board of the Town of Montgomery 6-4-2009 by L.L. No.
3-2009. Amendments noted where applicable.]
This chapter is adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
The Town of Montgomery finds that parks and their public recreational
facilities contribute to the quality of life in the Town. As the Town
increases the amount of lands owned by the Town and utilized or planned
to be utilized for active and/or passive recreational purposes, the
Board finds that this chapter is required to ensure that the use of
the Towns parks is accomplished in a safe and enjoyable manner.
These regulations shall apply to all parks owned, operated,
licensed, used or otherwise under the control or supervision of the
Town of Montgomery at the time of enactment or in the future.
For the purposes of this chapter, the terms used herein are
defined as follows:
A park or any other area owned or used by the Town of Montgomery
devoted to active or passive recreation.
Any written license issued by or under the authority of the
Town Board permitting the performance of a specified act or acts of
the conduct of a particular function, program or activity.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
Any vehicle propelled by power of any nature, including but
not limited to, motorcars, motor carts, motorcycles, snowmobiles,
bicycles, wagons, go-carts and all-terrain vehicles.
The following acts are prohibited, and no person shall:
A.
Injure, deface, disturb or befoul any part of a park or any building,
sign, equipment or other property therein, nor remove, injure or destroy
any tree, flower, shrub, rock or other mineral found therein.
B.
Set fire or assist another to set fire to any trees, shrubs, grass,
leaves or growth or any other combustible material or suffer any fire
upon other land to extend onto any part of a park.
C.
Throw, cast, lay, drop, discharge, deposit, bring into or leave in
any part of a park any garbage, sewage, refuse, waste or other obnoxious
material otherwise than in receptacles or pits provided for such purpose.
D.
Operate a motorized vehicle of any type outside of clearly designated
vehicular accessways. Lands
of the former Wallkill Valley Railroad now designated as the Walden-Wallkill
Rail Trail shall not be considered a designated vehicle accessway.
Prohibited motorized vehicles shall include, but shall not be limited
to, passenger cars, vans, trucks, SUVs, motorcycles, mopeds, all-terrain
vehicles, snowmobiles, minibikes, go-carts, or other means of transportation
that utilizes an engine or motor for movement. Notwithstanding the
above, motorized devices such as wheelchairs, utilized to transport
persons with physical disabilities, shall not be prohibited.
E.
Park or store any motorcar, motorcycle, snowmobile, bicycle, wagon
or other vehicle within a park, except in places designated for such
purposes.
F.
Use loud, boisterous or indecent language or interfere with any officer
or agent of the Town in the performance of their duty.
H.
Introduce or carry any firecrackers, firearms or fireworks in a park
or throw, cast, kick or strike any baseball, golf ball, football,
basketball or other object, except in places designated therefor.
I.
Loiter or remain within the park or any part thereof in a vehicle,
or otherwise, after the posted closing hours at such park without
general or special permission.
J.
Possess or use alcohol beverages or be present or occupy the parks
while under the influence of the same, except when and where permitted
by special application made to and approved by the Town Board.
K.
Have unleashed animals or pets or animals or pets on leashes in excess
of 10 feet in length (except when such animals or pets are present
on the Walden-Wallkill Rail Trail the leash shall not be in excess
of six feet) and/or fail to promptly remove and properly dispose of
their wastes.
A.
Hours. Hours of operation, including seasonal or holiday closings,
for all public parks and parkland within the Town of Montgomery shall
be determined on an annual basis by resolution of the Town Board.
Any person found in a park outside of these times and/or during any
prohibited dates shall be in violation of these regulations unless
permission for such has been granted through a permit issued by the
Town Board.
[Amended 8-6-2009 by L.L. No. 5-2009; 1-3-2019 by L.L. No. 7-2018]
B.
Permits to use parks.
(1)
Groups wishing to use a park shall apply for a permit at least 20
days prior to the day requested. No permit shall be issued for the
conducting of a "for profit" purpose or use.
(2)
Applications shall be filed with the Town Clerk.
(3)
The Town Clerk shall issue a permit if the Clerk finds that:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park or with the health, welfare or safety of others.
(b)
The proposed activity or use is not reasonably anticipated to
incite disorderly conduct.
(c)
The facilities desired have not been reserved for other use
on the day and at the hour requested in application.
(d)
A refundable deposit is posted as security against damage to
park facilities. This deposit may be required at the discretion of
the Town Board in an amount to be determined by the Town Board in
view of the circumstances of the application.
(e)
The Town Clerk may consult with the Town Board in making any
of the above findings in regards to a particular permit application
determination.
(4)
Liability insurance may be required for groups using the park facilities
when a permit is required. An applicant who seeks a permit for use
of the park for First Amendment purposes may not be required to provide
liability insurance or post another form of security deposit.
(5)
Within 14 days after receipt of an application, the Town shall apprise
an applicant, in writing, of the reason for refusing a permit.
(7)
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by
reason of negligence of the person or persons to whom such permit
has been issued.
(8)
The Town shall have the authority to revoke a permit upon finding
a violation of any rule or ordinance or upon good cause shown.
A.
A violation of any provision of this chapter shall be punishable
by a fine not to exceed $500 for each violation. In addition thereto,
the actual cost of any damages to Town property shall be against the
party responsible for the same.
B.
The Town Board also ordains that a violation of this chapter shall
constitute disorderly conduct and the person or persons violating
the same shall be a disorderly person or persons.
C.
In addition to all other remedies, the Town Board may also enforce
obedience to these regulations by injunction.
