[HISTORY: Adopted by the Town Board of the Town of Colonie 12-28-1978 by L.L. No. 6-1978; amended in its entirety 1-18-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Adopt a park — See Ch. 45, Art. I.
Community Center — See Ch. 69.
Vehicles and traffic — See Ch. 181.
Off-road vehicles — See Ch. 184.
Zoning and land use — See Ch. 190.
[Amended 10-27-2022 by L.L. No. 5-2022]
The legislative intent and purpose of this chapter is to provide a framework for the use of parks and recreation areas owned, operated, or under the control of the Town of Colonie. This chapter shall be enforced together with Chapter 79 of the Town of Colonie Town Code.
As used in this chapter, the following terms shall have the meanings indicated, and all other terms and words shall be given their common meanings:
BICYCLE
Every device propelled by the feet acting upon pedals and having wheels any two of which are more than 14 inches in diameter.
BICYCLE PATH/BIKE PATH
An off-street route especially designed for bicycles to be used by bicyclists only, as designated by official signs or markers.
CURB
The lateral boundaries of that portion of a street, designed for the use of vehicles, whether marked by a curb or not.
DOG PARKS
A fenced-in area within a Town-owned property designated and approved for dog exercise, where dogs are allowed off leash while under the direct supervision of their owner(s). Owners are subject to all state and local laws, rules and regulations that govern dogs.
DRIVER/OPERATOR
Every person who drives or is in actual physical control of a vehicle.
MINIBIKE
A two-wheeled motorized vehicle with less than twenty-inch wheels usually designed for trails and off-street use.
MOTOR VEHICLE
Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
MOTORBIKE
A vehicle of the bicycle or tricycle type propelled by a motor.
PARK or PARKS
All parks, parkland, pocket parks, bicycle paths, playgrounds, athletic fields, swimming pools, golf courses, beaches, canals, bays, lagoons, or inlets, Town-owned lands such as designated nature areas and land under water owned by the Town of Colonie and other recreation areas under the jurisdiction of the Town Board, such other rights and appurtenances as the Town Board may utilize, whether the same be now or hereafter owned or acquired by the Town of Colonie in fee or otherwise, including all land under, and space above, the surface of the ground.
PARKS AND RECREATION COMMITTEE
A committee composed of at least two Town Board members and the Commissioner of Public Works or his or her designee.
RESIDENT
A person who resides in the Town of Colonie or pays real property taxes to the Town of Colonie.
STREET/HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
The admission to any Town park shall be subject to the payment of such fees and charges as the Town Board may, from time to time, establish by resolution.
The use of any Town park shall be subject to any rules and regulations for the safe, proper and efficient operation of any park or parks as the Parks and Recreation Committee may promulgate. Any such rules and regulations shall be posted where applicable in a conspicuous place.
Equipment and facilities designed for obvious and common usage shall be put to such commonly intended use and none other. Nonintended uses are prohibited if they may occasion damage or excessive wear, inhibit others from using the parks as intended, or which use would likely, in the opinion of the Parks and Recreation Department, subject the user and/or others to injury.
A. 
A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions of said permit.
B. 
Fees for permits will be charged in accordance with the scale of fees adopted from time to time by the Town Board for this purpose.
C. 
Permits for groups or team uses will be issued to a responsible official or representative of the team or group. The permittee will be held responsible for the conduct of the group. Users must leave the park in as good condition of repair and cleanliness as found.
D. 
Noncompliance by the holder of or a member of the team or group whom a permit was issued with any of the terms or conditions of said permit shall constitute grounds for revocation by the Parks and Recreation Department of said permit in addition to subjecting any such individual or group to such other sanctions as are or may be provided for herein.
Town parks shall be opened and closed at the times and hours designated by the Parks and Recreation Department and said hours shall be posted at each park.
A. 
Traffic and motor vehicle regulations pertaining to parks shall be promulgated from time to time by the Parks and Recreation Committee and thereafter shall be posted on signs throughout the parks.
B. 
No person shall operate any motor vehicle in or on any recreation area, except on the roads and within the spaces specifically designated for parking. This restriction shall not apply to golf carts as used upon Town golf courses within designated areas.
C. 
No person shall park, stand, store or leave a motor vehicle within or on a park except in the portions thereof specifically designated for that purpose and only during the hours when use of the area is permitted. Proof of ownership shall be presumptive evidence in an action for enforcement of this section that the owner parked, caused his vehicle to be parked, left standing, stored or left his vehicle within such recreation area.
D. 
In parking areas, all persons shall comply with the directions of the parking attendants and shall park only in areas designated therefor.
E. 
Any vehicle illegally parked shall be towed away at the owner's expense.
F. 
Unless otherwise posted, the speed limit throughout any park shall be 15 miles per hour.
G. 
No trucks or buses shall be admitted to any of the parks except by special permission from the Parks and Recreation Department.
H. 
No person shall operate or bring into any park or have in his or her possession or control while within the park any power-driven off-the-road or all-terrain vehicle whether on wheels, tracks, skis, sleds, air-supported or a combination of any of the foregoing except as part of an approved program or on an officially designated course and while going directly to or from said program or course.
I. 
In addition to all the foregoing, all motor vehicles must be operated in conformance with all applicable vehicle and traffic laws of the Town of Colonie and State of New York.
A. 
No person shall annoy persons or people or do any act tending to create a nuisance and breach of the peace.
B. 
All persons shall so comport themselves as to enjoy the park without detracting or restricting the enjoyment by others also legally entitled to be there. Rowdy and boisterous behavior may be cause for expulsion from any park.
C. 
No person shall use threatening, abusive, profane or obscene language or perform any obscene or indecent act.
D. 
No person shall fail, neglect or refuse to comply with or obey the lawful direction or command of any member of the Colonie Police Department, employees of the Parks and Recreation Department or other duly authorized personnel, or fail, neglect, or refuse to comply with or obey any instruction, direction, regulation, warning, or prohibition, written, printed or displayed in any park, or other recreational facility.
E. 
No parents, guardians or custodians of any minor child shall permit or allow him or her to do any act which would constitute a violation of this law.
F. 
No person shall bring in or have in his or her possession in any park any firearms, weapons, or fireworks of any nature whatsoever.
G. 
No person shall throw stones, objects or other missiles or in any way disturb or annoy birds, squirrels and other wildlife within the parks.
A. 
The Town will not be responsible for loss, damage or theft to cars or their contents, to private property nor to the contents of lockers. Such loss, whether inside of buildings or on the grounds of any Town park, shall be the patron's responsibility.
B. 
Lost articles or money which are found shall be turned over to the park personnel or Town Police. A record will be kept of the receipt of and disposition of such articles. If the lawful owner of any article or money does not claim the same within a period of 60 days, it shall be returned to the finder and an appropriate receipt retained.
A. 
All trash is to be deposited in trash containers where available. Where containers are not available, trash is to be removed from the parks by those who brought the material in.
B. 
No person shall leave glass, cans or broken crockery or any material with sharp projections or edges in any place where it creates danger to others.
C. 
No person shall discharge litter, garbage, glass, cans, oil, dye, chemicals or other objects or substances upon park grounds or into park lakes or waters.
D. 
No person shall leave, deposit or discard any garbage, debris, or refuse in or on any park, except in receptacles provided for such purpose.
E. 
No person shall transport onto any park garbage, debris, or refuse with the intent to deposit the same in receptacles provided on premises for garbage and refuse.
A. 
No person shall deface, injure, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or any material or substance; remove or destroy any structure, building or any appurtenances connected with the park or any other property or equipment, real or personal, owned by the Town of Colonie or under the jurisdiction of the Town Board.
B. 
No person shall kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wild bird, reptile, snake or animal within the boundaries of any park unless special permission is granted by the Parks and Recreation Department.
A. 
No person shall use park property for business or professional purposes involving the sale of any goods or the rendering of any service for a fee unless authorized to do so by the Parks and Recreation Department.
B. 
No person shall solicit for any purpose whatsoever.
C. 
No person shall post, distribute, leave or display any placards, tickets, handbills, circulars, advertisements, flags or banners or any other matter for advertising purposes.
A. 
Horses and other animals may not be ridden in the parks or allowed to browse or graze in any park.
B. 
Dogs, cats and other pets must remain on a leash, and in the immediate control of the animal owner or other adult, while in Town parks, along the bike paths and on all Town property, except when within designated dog parks.
[Amended 10-27-2022 by L.L. No. 5-2022]
C. 
No person shall allow any animal in their custody to discharge fecal matter in any parks. Any such fecal matter shall be removed by the owner immediately.
A. 
No person shall drink or possess beer, wine, ale or any other alcoholic beverages or intoxicating substance in any park at any time.
B. 
Exceptions.
(1) 
Consumption of alcoholic beverages shall be permitted by persons of legal age within facilities duly licensed by the State Liquor Authority.
(2) 
Lawful alcoholic beverages may be consumed by persons of legal age therefor, within the West Albany Park Pavilion Area, Crossings of Colonie Park Pavilion Area, and the Town Park Pavilion Area, by special permit only and must be so consumed or possessed only within the terms and conditions of said special permit. Said special permit may be granted only by the Parks and Recreation Department.
(3) 
Consumption and possession of lawful alcoholic beverages such as beer, wine and ale is permitted within the specifically designated picnic area of the Town park by persons of legal age but only during the hours posted therefor and provided that no such alcoholic beverages are brought into said park in a keg or similar device without obtaining a special permit therefor.
No person shall kindle, build, maintain or use a fire within the confines of any park except in devices designed for that purpose. No person shall remove any grill placed in the park by the Town from the location where placed by the Town to any other location within or without the park. No fuel may be used for any fire in any park grill except charcoal or sterno. Gas grills are not permitted.
Golf course cards and pool passes (individual, monthly, family season) which are lost, mutilated or destroyed will be replaced in the first instance free of charge. For each succeeding replacement thereafter, a fee will be charged.
A. 
No personal shall bathe, wade or swim in any waters of any park except at such times and places and in such proper swimming attire as the Parks and Recreation Department may designate.
B. 
All such designated bathing areas shall be kept free from any form of water equipment unless the Parks and Recreation Department grants special permission therefor.
C. 
Anyone swimming or bathing in any waters of any park does so at their own risk.
D. 
No person shall dress or undress in any park except in bathing houses or places provided therefor.
A. 
All traffic ordinances shall apply to persons driving bicycles on a Town bicycle path. Any person operating a bicycle shall obey instructions of official traffic-control devices applicable to vehicles unless otherwise directed by a police officer.
B. 
Entry and exit to any Town bicycle path or bicycle route shall be at designated spots only.
C. 
Motorbikes, minibikes, motor vehicles and class 2 and class 3 E-Bikes, as defined by New York State Vehicle and Traffic Law, are prohibited from all Town bicycle paths.
[Amended 11-17-2022 by L.L. No. 6-2022]
D. 
Hikers, snowshoers, and cross-country skiers shall be permitted upon a bicycle path, with right-of-way given to bicycles.
A. 
No person shall operate a boat, vessel or other water craft or contrivance used or capable of being used as a means of transportation in water or air upon any of the waters within the Town of Colonie or upon any of the waters in any lagoon, creek, bay, inlet, or canal under the jurisdiction of the Town Board, which operation causes discomfort or inconvenience to any person by reason of speed, noise or causing the disturbance of the land under the waters.
B. 
No boat, vessel or other craft or contrivance for the purpose of towing skis or any other form of aquatic sports or games shall be operated within 500 feet of the shoreline of any beach.
No person shall tent a camp or erect or maintain a tent, lean-to, shelter or camp in any park except by special permit of the Parks and Recreation Department.
A. 
Sport fishing must conform to New York State Law and park waters may be closed to fishing when necessary in the opinion of the Parks and Recreation Department.
B. 
No commercial fishing is allowed.
C. 
Fishing is prohibited in the vicinity of any bathing area in any park during the bathing season.
D. 
No trapping is allowed on land or water and no hunting of any kind is permitted.
E. 
Firearms, air rifles, air pistols, bee-bee guns, slingshots, and bows and arrows are prohibited from all parks.
A. 
No person shall throw or use any type of ball, bean bag, or other object or play any ball game or other game except in such places designated for such use.
B. 
Team games of baseball, football, soccer, lacrosse and any and every type of organized athletics shall be conducted only in areas provided for the same.
C. 
Air- , gasoline- , alcohol- , or other fuel-powered model aircraft, autos, boats, rockets or other small-scale vehicles are prohibited from all parks except by permit and in areas and at times specifically designated for same.
Ice skating will be permitted in designated areas only and only when the ice has been approved and posted for same.
A. 
The Parks and Recreation Department shall designate the area to be occupied and shall regulate the use of the parks so as to prevent congestion and shall distribute patrons of the parks over the park area in order to ensure maximum use of the park area and on behalf of the comfort of said patrons.
B. 
No person shall erect any structures, stand or platform, hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any park except by special permit from the Parks and Recreation Department.
Skiing, downhill or cross-country, will be permitted in designated areas only and only at times posted therefor.
A. 
No audio equipment of any nature shall be operated within the Town park, pavilions or pocket park sites in such a manner as to interfere with the use and enjoyment of those facilities by others.
B. 
No musical equipment of any nature is allowed in the Town parks, pavilions or pocket park sites except by special permit from the Parks and Recreation Department.
A. 
The Parks and Recreation Department may establish a musical program for the purpose of providing concerts to the public. Such program may include the creation of one or more Town bands, ensembles, or similar musical groups.
B. 
The Town Board of the Town of Colonie may, by resolution, hire band directors necessary for such musical program.
C. 
Funding of the public band concerts and band director(s) shall be provided for in the Town's annual budget.
D. 
Concerts for any bands, ensembles or musical groups established pursuant to this chapter may be held at any time during the calendar year and at such times and dates as approved by the Parks and Recreation Department.
A. 
Activities requiring special permits:
(1) 
Group golf outings at Town golf course.
(2) 
Golf club house banquets or organized group use of said facility.
(3) 
Use of West Albany Pocket Park, Crossings of Colonie, and Town Park Pavilions.
(4) 
Use of any ball field under jurisdiction or control of the Parks and Recreation Department.
(5) 
Camping in any Town park.
(6) 
The bringing of any keg or similar device containing any alcoholic beverages into the designated picnic area of the Town park.
(7) 
The erection of any structure, stand or platform, hold any meeting, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any Town park.
(8) 
Use of any Town of Colonie-operated skating rinks for the playing of ice hockey.
(9) 
Operation of air- , gasoline- , alcohol- or other fuel-powered model aircraft, autos, boats, rockets or other small-scale vehicles in any Town park.
(10) 
Consumption of alcoholic beverages at Town pocket park sites.
(11) 
Use or operation of musical equipment of any nature in the Town park, pavilions or pocket parks.
B. 
All special permits provided for herein must be obtained from the Parks and Recreation Department.
A. 
The Parks and Recreation Committee is empowered to adopt such additional rules and regulations governing the use of any and all Town parks as may be deemed necessary, in the interest of public health, safety, and welfare.
B. 
Any such rules and regulations shall be filed in the office of the Town Clerk and made available for public inspection.
A. 
Any person or persons, associations or corporations committing an offense against this chapter or any section or provision thereof or any rule or regulation promulgated pursuant thereto may have their privileges revoked by the Parks and Recreation Department.
B. 
A violation of any provision of this chapter, or any rule or regulation promulgated pursuant thereto, shall be an offense punishable by a fine not to exceed $250 or imprisonment for 15 days, or both. Each day such offense shall continue shall be a separate violation and subject to a separate fine, imprisonment, or combination thereof.
C. 
Notwithstanding any conviction for an offense against any provisions or section of this chapter or any rule or regulation promulgated pursuant thereto, the person convicted shall be subject to revocation of any privileges without reimbursement of fees paid.
D. 
In lieu of, or in addition to, any penalty imposed for a conviction of an offense of this chapter or rule or regulation promulgated pursuant thereto, each such offense may be subject to a civil penalty not to exceed $250 to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be subject to a separate civil penalty.
E. 
The Town Attorney or his or her designee may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter or any rule or regulation promulgated pursuant thereto.
F. 
Where any offense of this chapter or rules or regulations promulgated pursuant thereto causes expense to the Town, such offense may also be punished by a civil suit against the offender, brought by the Town Attorney or his or her designee in the name of the Town in a court of competent jurisdiction to recover such additional cost.
The enforcement of this chapter and any rules and regulations promulgated pursuant thereto will be by the Police Department and the Parks and Recreation Department and such persons as may be from time to time authorized by the Town Board of the Town of Colonie.
A. 
A Parks and Recreation Appeals Board is hereby established, to provide for a process by which disciplinary measures imposed by the Parks and Recreation Department pursuant to this chapter and/or any rule or regulation promulgated pursuant thereto, may be appealed.
B. 
Such board shall consist of from three to five residents of the Town of Colonie, appointed by the Supervisor with approval of the Town Board. Members shall serve a term of one year and thereafter be appointed on an annual basis. Members shall serve without pay and vacancies shall be filled for an unexpired term in the same manner as the original appointment.