This chapter shall apply to all parkland and/or parks and/or
green areas owned by the Town of Mount Hope.
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.
[Amended 2-18-2020 by L.L. No. 3-2020]
A. Illegal
drugs are prohibited within all Town facilities, including, but not
limited to, parks and green areas.
B. Alcoholic
beverages are prohibited within all Town facilities, including, but
not limited to, parks and green areas, without approval by the Town.
Such approval shall be granted only upon receipt and review of a facilities
use application by the Town. Such application shall be complete with
all required attachments, including, but not limited to, evidence
of all required insurances. The form of the application may be designated
by the Town Board by resolution from time to time.
[Amended 3-16-2020 by L.L. No. 4-2020]
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 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.
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.
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.
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.
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.
[Added 8-16-2021 by L.L. No. 2-2021]
A. Findings.
The Town of Mount Hope finds that restrictions on smoking are necessary
to achieve the following:
(1) Protect
the public health, safety and general welfare by eliminating exposure
to secondhand smoke.
(2) Acknowledge
the need of nonsmokers, especially children, to breathe smoke-free
air, recognizing the danger to public health which secondhand smoke
causes.
(3) 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 Town parks, beaches and recreation areas
and within 25 feet of all public entrances to Town buildings.
(4) Recognize
the right and benefit to municipal residents and visitors to be free
from unwelcome secondhand smoke upon or within all Town parks, beaches
and recreation areas and within 25 feel of all public entrances to
Town facilities.
B. Definitions.
(1) Inhaling
of, exhaling of, burning of, or carrying of any substance, including,
but not limited to, lighted cigars, cigarettes, pipes, marijuana,
or other plant in any manner or any form, as well as any substances
used in the act of vaping.
C. Applicability.
Smoking shall be banned upon or within all Town parks, recreation,
and green areas as defined in this chapter. It shall also be banned
within 25 feet of all public entrances to Town facilities.
D. 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 Town Code chapter.
If such a sign is placed at the entrance to a public building, it
shall also state that there exists a 25 feet distance requirement
as previously defined in this chapter.
E. Enforcement.
All law enforcement officers of Town, county or state may enforce
these regulations; this shall include Town constables, county sheriff
deputies and state police officers.
F. Penalties
for offenses. Any person or organization violating the provisions
of this chapter shall, upon conviction thereof, be guilty of a violation
and shall be subject to the payment of a fine not exceeding $500 or
imprisonment for a period not to exceed 15 days, or both. Each violation
shall be considered a separate and additional violation, notwithstanding
the penalty hereinbefore provided.