[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 9-9-2014 by L.L. No. 2-2014. Amendments noted where
applicable.]
The purpose of this chapter is to preserve the public peace
and good order on lands owned and operated as public parks by the
Village of Holley and to promote safety and enjoyment of the users
of such park space by regulating the hours of use and the use of motorized
vehicles and by prohibiting certain activities associated with customary
park recreation use.
A.
A permit must be obtained from the Village Clerk for the following
uses and activities:
(1)
The use of park structures or pavilions.
(2)
The use of any playing fields or other park facilities by groups
larger than 10 persons.
(3)
Camping within a park, where allowed.
(4)
Vending of food and drink (including alcoholic beverages, but excluding
other nonalcoholic beverages) by nonprofit service organizations.
(6)
Docking of boats or other watercraft along the canal.
(7)
Use of water and electrical hookups by boaters or users of watercraft.
(8)
Use of restrooms, showers, and other structures adjacent to the Erie
Canal in the Village of Holley.
B.
Permits shall be issued by the Village of Holley Clerk, 72 Public
Square, Holley, New York 14470. Conditions for the issuance of permits,
and any cost associated therewith, shall be solely within the discretion
of the Village of Holley Board. Said conditions and costs shall be
reviewed and modified by the Village of Holley Board from time to
time by resolution.
C.
All permit applicants must be 18 years of age or older, unless otherwise
designated by the Clerk. All permits must be signed prior to use of
a park facility or prior to the activities for which the permit is
obtained. The permit holders shall have the permit available for inspection
at any time during use of parklands within the Village of Holley.
The person obtaining the permit shall agree to wholly indemnify the
Village of Holley for any damages incidental to such use.
D.
All permits issued shall be in writing by the Clerk and shall be
subject to park rules and regulations. A permit to do any act shall
authorize the same only insofar as it may be performed in strict accordance
with the written terms and conditions thereof and not in violation
of any law, ordinance, rule or regulation governing parks. Any violation
of any term or condition thereof or any law, ordinance, rule or regulation
governing parks shall constitute grounds for revocation of said permit
by law enforcement, whose action therein shall be final. No permit
for the same purpose shall be issued to those persons whose permit
has been revoked during the year in which such revocation is made.
E.
Upon obtaining a permit, the applicant shall pay a permit fee to
the Village of Holley in an amount established by the Village of Holley
Board. Such fee may vary according to the activity permitted and the
facilities used. The fee schedule is located in the Clerk's office.
F.
The Village Clerk reserves the right to request a certificate of
insurance naming the Village of Holley as an additional insured, as
a condition precedent to issuing a permit, and said certificate shall
be in an amount to be determined in the discretion of the Village
of Holley Board but shall be in the amount of $1,000,000 if 50 or
more people are expected to attend.
A.
Park structures and pavilions may only be reserved upon the obtaining
of a permit as provided herein.
B.
Rules and regulations particular to each park's structure or
pavilion shall be established by the Village of Holley Board and posted
within such facility. Noncompliance with such rules and regulations
shall constitute a violation.
C.
Park structures or pavilions may not be made available for overnight
use.
D.
All permits for park structures or pavilions must be picked up at
the Village Office during normal business hours.
E.
Use of structures or pavilions not already reserved will be open
to the public.
A.
Camping within parks is permitted only within designated areas upon
obtaining a permit.
B.
Camping in the parks, where permitted, shall not exceed two consecutive
overnight stays.
C.
When camping sites are made available within a park, rules and regulations
particular to each site shall be established by the Village of Holley
Board. Noncompliance with such camping rules and regulations shall
constitute a violation.
A.
Docking boats or other watercraft along the canal in the Village
of Holley is permitted only within designated areas and only upon
obtaining a permit if staying beyond 48 hours.
B.
Regulations and rules regarding the use of restroom and shower facilities
when docked shall be established by the Village of Holley Board. Noncompliance
with such rules and regulations shall constitute a violation.
C.
Rules and regulations regarding use of restroom and shower facilities
shall be posted within such facility. Noncompliance with such rules
and regulations shall constitute a violation.
D.
All permits for boat docking must be picked up at the Village Office
during normal business hours.
A.
No person shall commit any of the following acts without a written
permit from the Clerk:
(1)
Post or display any sign, banner or advertisement of any kind within
any park. All persons must comply with ordinances or rules of the
Village of Holley.
(2)
Make any public speech, oration or harangue; hold any public meeting
or engage in any marching, drilling or driving as a member of a military,
political or other organization; conduct any funeral procession or
vehicle containing the body of a deceased person; or use any loudspeaker
or other sound-amplifying equipment.
(3)
Picnic or cook in any area not designated by the Village of Holley
for that purpose or make or kindle any fire, except in places provided
therefor, and then subject to such regulations as may be prescribed.
(4)
Ascend or land with any aircraft, including gliders and parachutes,
or engage in stunt flying or parachute landing.
B.
Nonobservance of any part of this section shall constitute a violation.
A.
Nonobservance of the following park regulations shall constitute
a violation:
(1)
No person shall disturb the peace and good order in any park by fighting,
quarreling or wrangling with loud voices or shouts, threatening by
violence to the person or property of others or engaging in riotous
clamor or tumult. No person shall behave in a manner equivalent to
disorderly conduct.
(2)
No person shall congregate with others in a public place and refuse
to comply with a lawful order of law enforcement, the DPW Superintendent
or Code Enforcement Officer to disperse or leave the park.
(3)
No person shall beg, hawk or peddle or solicit within any park.
(4)
No person shall play or bet at or against any game which is played,
conducted, dealt or carried on with cards, dice or other devices for
money, chips, credit or other representative of value, nor shall any
person be allowed to maintain or exhibit any gaming table or other
instrument of gambling or gaming.
(5)
No person, except peace officers of the county or other law enforcement
officers, shall have or carry any pistol, firearm, or other gun, switchblade,
hunting knife, slingshot, bow and arrow, dagger, metal knuckles or
other dangerous weapons concealed or about his person while in the
park.
(6)
No person shall use obscene, profane, or abusive language while in
the park.
(7)
No person shall loiter in or near toilet buildings or parking areas.
B.
Games regulated. No person shall engage in potentially dangerous
games involving thrown or propelled objects, such as footballs, horseshoes,
roller skates, golf balls or similar objects, except in areas designated
for such usage and then only subject to such rules as may be prescribed
by the Village of Holley Board. All games of any description must
be conducted in a safe and orderly manner, and no rough or boisterous
practices will be allowed. No one shall play games for which a permit
or fee is required without first obtaining such permit and paying
such a fee.
C.
Hunting, fishing and molesting wildlife.
(1)
No person shall throw any animal or thing into a pond or any of the
waters of the park, except that fishing may be permitted in season
in certain park waters designated by the Village of Holley Board.
(2)
No person shall kill, injure or unnecessarily disturb any waterfowl,
birds or animals.
(3)
No person within the confines of a park shall hunt, pursue with dogs,
trap or in any other way molest any wild bird or animal found within
the confines of a park or rob or molest any bird nest or take eggs
of any bird.
(4)
There shall be no hunting or carrying of guns, illegal weapons, etc.
D.
Preservation of property and natural features. No person shall injure,
deface, disturb or befoul any part of a park or any buildings, signs,
equipment or other property found therein, nor shall any tree, flower,
shrub, rock or other mineral be removed, injured or destroyed.
E.
Littering, rubbish, garbage, sewage and noxious material.
(1)
No person shall bring into, leave behind or dump any material of
any kind in the park, except the refuse, ashes, garbage and other
material of a picnic, camp or other permitted activity, and such material
shall be deposited in receptacles or pits provided for such purposes.
Refuse is not to be dropped, thrown or scattered on park property.
Tin cans, bottles or metallic substances containing sharp edges shall
be deposited in park receptacles.
(2)
No person shall, either within or outside of a park, discharge into,
throw, cast, lay, drop or leave in any river, brook, stream, storm
sewer or drain flowing into or through a park any substance, matter
or thing, either liquid or solid, which may or shall result in the
pollution of said river, brook or stream within a park or interfere
with the conservation of the natural resources of the park or endanger
the health of guests, visitors or users in a park.
(3)
No glass containers are allowed.
F.
Alcoholic beverages. The possession and/or consumption of alcoholic
liquors or beverages, and the bringing of such items into the parks,
are permitted under the following conditions:
(1)
No person shall become intoxicated. No person shall bring into or
drink any alcoholic liquors or beverages, including beer, in any park,
except in such areas as designated by the Village of Holley Board.
Alcoholic beverages may be brought into the parks for consumption
at private family or social picnic parties but may not be dispensed
or displayed at temporary bars or from kegs or other bulk dispensing
units.
(2)
Drinking alcoholic liquors or beverages, including beer, is prohibited
in the parking lots and rights-of-way within any park.
(3)
All alcoholic possession and/or consumption shall conform with New
York State law.
G.
Dogs, cats and other household pets. No person shall bring into,
permit, have or keep in the park any dog, cat, household pet or other
animal destructive to birds and wildlife, except that dogs or cats
are permitted if held in control of a leash.
H.
Horseback riding. Horseback riding is permitted only on designated
roadways or bridle paths and only on the condition that they are ridden
with care and under such control that they can be easily or quickly
turned or stopped. No person shall ride horseback in any park after
dark or before daybreak. No person shall smoke while mounted on horseback
on bridle paths within a park.
I.
Swimming. No person shall bathe, wade or swim within any park.
J.
Bicycles, snow vehicles, all-terrain vehicles (ATVs) and motorbikes.
K.
Indecent conduct and exposure. No person shall appear in a park in
a state of nudity or commit, perform or engage in any lewd, lascivious,
obscene or indecent act or behavior, and no person shall make any
indecent exposure of his or her person.
A.
No parents, guardians or custodians of any minor shall permit or
allow him or her, as the case may be, to do any act that would constitute
a violation of this chapter. Nonobservance of this section shall be
a violation.
B.
Each person shall fully comply with reasonable requests of police
or official agents.
C.
No person shall fail or refuse to comply with any reasonable order
relating to the regulation, direction or control of traffic or with
any other order lawfully given by any police officer or Village official
in the execution of his office or willfully resist, obstruct or abuse
any police officer or Village official in the execution of his duties.
Nonobservance of this section shall be a violation.
A.
This chapter shall be enforced as it pertains to the issuance ticket
for violation of parking and littering regulations by the Holley Police
Department or other designated personnel, and in all other cases by
the Holley Police Department, the Orleans County Sheriff's Department
and any other police agency having jurisdiction within the Village
of Holley.
B.
Any police officer, in the case of a violation of the parking regulations
set forth in the Village of Holley Code or a littering violation under
the Village of Holley Code and/or New York State law, may issue an
appearance ticket pursuant to the provisions of the Criminal Procedure
Law of the State of New York to any person when he has reasonable
cause to believe that such person has committed a violation of this
chapter. Said appearance ticket shall direct the designated person
to appear in the Justice Court of the Town of Murray at a designated
future time, not later than 30 days from the date of the issuance
of the appearance ticket, in connection with the alleged violation.
Any police officer may, without a warrant, arrest any person in violation
of any park rules or regulations as set forth in this chapter or as
posted within such park and take such person so arrested forthwith
before a judge having competent jurisdiction. Said police officer
shall at all times have the right to enter the premises of any building,
structure or enclosure or any park, including such grounds, buildings
or structures which may be leased or set aside for the private or
exclusive use of any individuals or group of individuals, for the
purpose of arresting violators hereof, and he may use all necessary
means to attain that end.
A.
Any person convicted of an offense of this chapter shall be guilty
of a violation and shall be subject to a fine not to exceed $250 or
imprisonment for a term not to exceed 15 days, or both such fine and
imprisonment.
B.
Any person damaging any park property shall be liable for any damages
incurred.
