Town of Mount Hope, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Hope 5-23-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 75.
Mass public assemblies — See Ch. 81.
Campgrounds — See Ch. 101 and Ch. 250, § 250-42B.
Littering and dumping — See Ch. 195, Art. II.
This chapter shall apply to all parkland and/or parks and/or green areas owned by the Town of Mount Hope.
A. 
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.
B. 
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, sewage, refuse, ashes, trash, waste, grass clippings, branches, shrubbery or other large or obnoxious waste material.
A. 
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.
B. 
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 Town parks and green areas.
A. 
No domestic animal may be allowed to run at large in a Town park or green area. All domestic animals in said areas shall be restrained on adequate leashes or under supervision by their owners.
B. 
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:
(1) 
The person immediately removes all feces deposited by such dog by any sanitary method.
(2) 
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:
A. 
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, dune mobile, snowmobile, all-terrain vehicle, amphibious vehicle or similar motorized device.
B. 
Parking of motor vehicles shall be permitted only in designated areas.
C. 
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 Town Police may provide for the removal of such vehicle and payment by the owner of reasonable cost of the removal.
A. 
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 Town Board.
B. 
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 the requests of the Town Board and police concerning traffic, arrangements, alcoholic beverages, noise, crowd-control measures and the use of Town facilities.
A person shall not use Town-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 purpose of soliciting alms or contributions unless authorized to do so by the Town.
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 Town Board.
A. 
Parks and green areas are open to the public during the hours from sunrise until dusk.
B. 
It shall be unlawful for any person or persons, other than Town personnel conducting Town 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 Town Board.
Roller skates, in-line skates and skateboards shall not be permitted to be utilized on any macadam, concrete or any other surface within any Town of Mount Hope park unless such area(s) is specifically designated as a permitted area for the use of roller skates, in-line skates and/or skateboards.
A. 
It shall be unlawful for any person to violate any rule or regulation governing conduct in Town parks or green areas.
B. 
Any person convicted for any activity declared illegal by the laws of the State of New York or the Town, 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 § 160-15, Penalties for offenses.
A. 
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:
(1) 
First conviction: not to exceed $100;
(2) 
Second conviction: not to exceed $200;
(3) 
Third conviction: not to exceed $300;
(4) 
Fourth conviction: not to exceed $400; and
(5) 
Each succeeding conviction after the fourth conviction: not to exceed $100 for each succeeding conviction.
B. 
For purposes of this section, a plea of guilty shall be deemed equivalent to a conviction.
The Town Police Department, Building Inspector, any employee of the Highway Department or any other Town employee or official designated by resolution of the Town Board shall enforce all provisions established by this chapter.
A. 
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.
B. 
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.
C. 
If the person charged with the violation denies part or all of the violation, he may complete an appropriate form prescribed for the 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 warrant of arrest may be issued pursuant to the Criminal Procedure Law.
D. 
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 Town Board.
Any person or community group that wishes to commence or conduct an improvement project or maintain any Town park or green area shall petition the Town Board for a permit. No improvement project or private maintenance program can be conducted without a permit.
A. 
Applications for permits required by this chapter shall be submitted to the Town Clerk in writing and shall:
(1) 
State the name, address and telephone number of the applicant;
(2) 
Describe the proposed request and the reasons for the request; and
(3) 
State all relevant information the Board may need for a proper determination of the permit application.
B. 
The Town Board may establish rules for the issuance of permits and may delegate the authority for the issuance of permits to the Town Supervisor.
C. 
The Town Board may establish a permit fee to be prescribed in the schedule of fees adopted by resolution of the Town Board. The Town Board may establish liability insurance requirements and a permit fee by resolution from time to time.
The Town Board 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 Town Board may grant an exception if it is in the best interests of the Town. The Town Board may establish adequate conditions which will eliminate or reduce any expenses or adverse effects.
The Town Board shall be empowered to enact, by resolution or otherwise, such additional rules and regulations consistent with the letter and the spirit of this chapter.