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:
PARK
A park or any other area owned or used by the Town of Montgomery
devoted to active or passive recreation.
PERMIT
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.
PERSON
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
VEHICLE
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.
G. Conduct themselves in such a manner as to:
(1) Endanger the life, limb or property of the other visitors to the
park.
(2) Be offensive or injurious to the morals of any person frequenting
the park.
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.