[HISTORY: Adopted by the Cayuga County Legislature 7-24-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
Whenever used in this chapter, the following terms shall mean and include the meanings expressly set forth in this section, unless otherwise expressly defined:
COMMISSION
The Cayuga County Parks and Trails Commission, including its employees and any individuals or agencies designated by same to act in its behalf.
MOTOR VEHICLE
Any vehicle designed or maintained for use primarily on a highway and powered by any power other than muscular power, other than a snowmobile, all-terrain vehicle or similar wheeled or air-cushioned vehicle.
PARKS
All those areas (including, trails) that are presently or shall in the future be under the jurisdiction, custody or control of the Commission.
PERSONAL PROPERTY
Any property, or interest therein, other than real property.
PROPERTY
Real or personal property.
REAL PROPERTY
Lands, improvements and structures thereon, rights, franchises and interests therein, lands under water and riparian rights, and any interests in lands less than full title, including, without limitation, temporary or permanent easements (including scenic or conservation easements), divided or undivided interests, rights, of way, uses, leases, licenses, and any other estate, interest or right in lands, legal and equitable.
Any term contained in this chapter shall be construed as follows:
A. 
Any term in the singular shall include the plural.
B. 
Any term in the masculine shall include the feminine and neuter.
C. 
The prohibition of any act shall extend and include an attempt to commit such act and the causing and/or the procuring, directly or indirectly, of such act.
D. 
No provision contained in this chapter shall cause to be deemed unlawful any act performed by an officer or employee of the Commission in the line of duty or in the scope of employment, or any act performed by a person, his agent or employees in the performance or execution of the terms of authority granted by or through the Commission or the County.
The provisions of this chapter shall be effective within, upon and in the airspace above all property that is presently or shall in the future be under the jurisdiction, custody or control of the Commission, unless otherwise provided.
If any section, subdivision, paragraph or provision of this chapter shall be determined to be invalid, such determination shall apply only to that particular section, subdivision, paragraph or provision, and all other provisions of this chapter shall remain valid and in effect.
A. 
A written permit issued by the Commission (or a person duly authorized by the Commission) to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof.
B. 
Any act authorized pursuant to a permit may be performed only by the person or entity or group named therein, and any such authorization may not be assigned, or delegated, unless and except as provided in such permit.
C. 
Any permit may be revoked at the option of the Commission (or a person duly authorized by the Commission) and such revocation may be appealed only to the Commission whose, judgment shall be final. In case of such revocation (if for cause), all monies paid for or on account thereof, may, at the option of the Commission, be forfeited to and retained by the Commission.
D. 
In any case where the holder of a permit or his agent or employee shall have been found to have violated a term or condition thereof, such holder and his agent or employee who has violated such terms and conditions shall be jointly and severally liable to the County of Cayuga for any damages or loss suffered by it in excess of money forfeited and retained by the Commission.
E. 
Neither the forfeiture and retention of any such money by the Commission nor the recovery or collection of any damages, or both, shall preclude the prosecution of any person for a violation of a rule or regulation of this chapter or the violation of any other state or local law, ordinance, rule or regulation.
In any case where the Commission may require a cash deposit or indemnity bond as security to protect park property against loss or damage, or to limit the extent or duration of the use of such property, or to guarantee compensation to the Commission for property rented or engaged, such cash deposit or indemnity bond shall be forfeited:
A. 
In the case of loss of or damage to park property, provided that no such forfeiture shall prevent the Commission from recovering any damages over and above the amount of the deposit or bond resulting from loss or damage of property.
B. 
In the case of a violation of any agreement or condition upon which the requirement of a cash deposit or indemnity bond is based.
In any case where the Commission has established a fee or charge for the use of a facility under its jurisdiction, custody or control, a refund of such charge or fee may be made under the following circumstances, provided that a service charge to be established by the Commission shall be deducted and withheld from any refund made pursuant to the provisions of Subsection A of this section:
A. 
Where no financial loss occurs to the County through the cancellation of reservations for the use of space or property.
B. 
Where, in the judgment of the Commission, the cancellation is predicated on circumstances beyond the control of the reserving party.
C. 
Where, in the judgment of the Commission, it is clear that there has been a misunderstanding on the part of the patron as to space or facilities reserved.
D. 
Where an error has been made by the Commission as to the property or space reserved.
Any person finding or taking possession of personal property not his own, shall immediately return such property to its lawful owner or custodian. If the lawful owner or custodian cannot be immediately found or ascertained, the property shall be turned over to the Commission, or to a state or local police agency.
Unless permitted in writing by the Commission, the activities and uses enumerated in this section shall be absolutely prohibited on property under the jurisdiction, custody and control of the Commission:
A. 
Alms. No person shall solicit alms or contributions without permission of the Commission.
B. 
Pollution of waters. No person shall in any manner cause to be placed in waters or into any storm sewer, drain or stream flowing into such waters, any sewage, garbage, trash, litter, debris, waste material or any noxious or offensive matter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Littering. No person shall in any manner cause any rubbish, garbage, refuse, organic or inorganic waste, diseased or dead animal, or other offensive matter or any abandoned property or material to be placed or left in or on any property, except in receptacles provided for that purpose.
D. 
Drains and sewers. No person shall discharge into any openings or gutter leading into any sewer, receiving basin or drain in or leading into any property, any gas or vapor, or any substance which may form a deposit tending to choke same, or any volatile liquid which may emit an inflammable vapor at a temperature below 160° F., or any steam or water above 100° F.
E. 
Injury to property. No person shall make an excavation on or injure, destroy, deface, remove, fill in, tamper with or cut any real or personal property, tree or other plant life.
F. 
Disorderly conduct. No person shall do any of the following:
(1) 
Disobey any lawful order of the Commission or its agents or employees or the directions of any sign erected by or at the direction of the Commission.
(2) 
Use abusive or obscene language or make an obscene gesture.
(3) 
Throw stones or other objects or missiles, which may inflict bodily injury or damage to persons or property or may annoy persons.
(4) 
Obstruct vehicular or pedestrian traffic.
(5) 
Climb upon any wall, fence, bridge railing, structure or monument.
(6) 
Engage in or encourage fighting or violent threatening behavior.
(7) 
Spit upon grounds or other surfaces.
(8) 
Make any unreasonable noise, which tends to annoy others.
(9) 
Throwaway or discard any lighted match, cigar, cigarette, charcoal or other burning object other than in a receptacle provided for that purpose. If a receptacle is not available, the person shall extinguish and carry away said object.
(10) 
No person shall start or maintain a fire except in a fireplace, which may be provided for that purpose or at places especially indicated by the Commission, and all fires shall be continuously under the care of a competent person. This does not exclude the use of privately owned metal grills within designated picnic area, but such privately owned metal grills shall not be used within 50 feet from any building or structure.
(11) 
Operate any watercraft, wheeled vehicle, snowmobile, or other equipment in such a manner as to endanger other persons or property or in such a manner so as to create an unreasonable noise or disturbance or annoyance to others.
(12) 
Commit an act, which may result in injury to any person or damage to real or personal property or create a hazardous or offensive condition by any act, which serves no legitimate purpose.
(13) 
Without lawful authority, disturb any lawful assembly or meeting of persons.
(14) 
Congregate with other persons and refuse to comply with a lawful order to disperse.
(15) 
Be intoxicated from drinking an alcoholic beverage or under the influence of illegal drugs.
G. 
Charges. No person shall enter upon or use any facility or property where the use of which a charge or fee is imposed, unless he shall have first paid such charge or fee.
H. 
Property closed to the public. No person shall enter or remain upon any property or within any structure during such hours, seasons, or other periods that such property or structure has been designated as closed or apparently is closed from its appearance.
I. 
Minors. No persons having custody or control of a minor shall permit such minor to do any act in violation of a rule or regulation of the Commission. Minors under 10 years of age shall at all times be under the supervision and control of a parent, guardian or responsible custodian. Any violation of this rule by a minor shall be considered a violation by the adult who brought the minor to the area.
J. 
Gambling.
(1) 
Gambling, lotteries, games of chance and fortune telling are prohibited.
(2) 
The sale of tickets for the New York State Lottery by concessionaires approved by the Commission shall be permitted and the Commission, at its discretion, may issue a permit to nonprofit charitable organizations to conduct games of chance.
K. 
No person shall introduce, possess or use any machete or cutting tool other than an axe, hatchet or sheath knife, which may be used for the purpose of preparing wood for a cooking fire. Such wood shall be brought to the park and shall not include any tree or other plant life, which is a part of park property.
L. 
Animals. No person shall introduce or possess any animal except as follows, and any animals brought into a park under any other circumstances may be confiscated by the Commission:
(1) 
Service animals as defined by the Federal Americans with Disabilities Act (ADA)[1] and the New York State civil rights laws. (Seeing Eye dogs are one example of a service animal.)
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2) 
Domesticated household pets transported by motor vehicle to a boat launching area provided such pet is transferred immediately to a boat.
(3) 
Horseback riding may be permitted by the Commission at locations specifically designated by the Commission for such activity.
(4) 
Domesticated household pets under the control of the owner by leash are permitted in areas so designated by the Commission via signage. Domesticated household pets are strictly prohibited in all other areas except as provided in Subsection L(2) and (3) above. In all areas owners are required to pickup after their pets.
(5) 
Hunting dogs used exclusively while engaged in legal hunting in an area designated as a hunting area by the Commission.
M. 
All-terrain vehicles (ATV). No person shall use or operate an all-terrain vehicle or other similar wheeled or air-cushioned vehicle designed or equipped to operate outside of highways. This prohibition shall not be interpreted to include snowmobiles unless equipped with a wheeled conversion to an all-terrain vehicle. It is understood that all-terrain vehicles may be used to facilitate maintenance of park areas and the Commission may in the future designate some areas for licensed recreational ATV use as defined in § 206-11I.
N. 
Attire. No person shall appear nude in public as defined in the New York State Penal Law or in a state of undress considered lewd under law other than in County restrooms or changing facilities.
O. 
Artificial swimming aids.
(1) 
No person shall use tubes, floats, swim fins, aqualungs or skin diving equipment of any kind, or any other inflated or buoyant objects or artificial or mechanical aids for swimming or diving. This prohibition shall not apply to Coast-Guard-rated life jackets.
(2) 
Notwithstanding Subsection O(1), under special circumstances the use of skin or scuba diving equipment may be authorized in accordance with the terms of a permit issued by the Commission or its agent or employee.
P. 
Music.
(1) 
No person shall play or permit to be played any radio, stereo, record player, musical instrument or other such device in a loud manner, which, in the sole discretion of the employee or agent of the Commission, is objectionable and annoying to other people.
(2) 
Notwithstanding Subsection P(1) above, the Commission may, at its discretion, issue permits allowing for the amplification of music for specific events approved by the Commission.
Q. 
Hunting and firearms. No person shall hunt or have in his or her possession any gun, ammunition, explosives (including fireworks), or gas operated, spring operated, or air operated weapon or bow and arrow except where permitted by Commission designation and appropriate signage.
No persons shall engage in any of the following activities or uses on park property except pursuant to a permit issued by the Commission and in accordance with the terms thereof and any other conditions contained in this section:
A. 
Meetings, public exhibitions, etc. The holding of any meeting, ceremony, religious service, parade, procession, speech, lecture or any form of entertainment, performance, motion picture, contest or other such event, the distribution or posting of handbills or advertisements in connection therewith, or the erection of any structure, stand or platform in connection therewith.
B. 
Fireworks and explosives. The introduction, possession or use of fireworks, gun powder, powder used in blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause an explosion.
C. 
Commercial activities. The selling or offering for sale, hire or lease any merchandise, service or other thing of value.
D. 
Passenger services. The receiving or discharge of passengers for or upon any wharf, dock or other property under the jurisdiction of the Commission by a vessel or aircraft which carries such passengers for hire other than on an occasional basis.
E. 
Aviation. The voluntary landing of any aircraft, balloon or other weight-carrying machine or device designed for flight in or navigation of the air other than in an emergency.
F. 
Advertising. The posting or distributing of advertising matter or the oral advertising for sale of any merchandise, article, service or other thing of value.
G. 
Promotion activities. The promotion of any event, belief or philosophy either by means of the posting or distribution of printed or written matter or orally.
H. 
Camping. Camping is prohibited within park property except upon written authorization issued by the duly authorized representative of the Commission in accordance with the following requirements:
(1) 
No laundry shall be hung or spread on trees, shrubs, or lawns.
(2) 
Campsites kept in a clean and sanitary condition.
(3) 
No person shall wash dishes, clothes or his person at a water fountain or other outlet.
(4) 
Trailer campers shall provide suitable receptacles to prevent the discharge of waste from outlets onto real property or a body of water.
(5) 
No person under the age of 18 will be permitted to camp unless accompanied and supervised by a person 18 years of age or older who has been issued a permit.
(6) 
No person shall make any structural change or alteration in any campsite.
(7) 
No person shall occupy a site after the time specified in the permit or renewal thereof.
(8) 
No person shall attach a rope, line or other device to a tree, shrub or park structure.
(9) 
Any other rules ordered by the commission and posted in public view or delivered in writing.
I. 
The use or operation of toy or model rockets or aircraft. Persons using or operating such devices shall be required to produce evidence of insurances against property damage or personal injury, according to guidelines set by the Commission.
J. 
Trapping. No person shall trap or have in his or her possession traps of any nature unless they have a written permit from the Commission. Any trapping conducted under said permit must be per all local, state and federal regulations.
The following activities are prohibited on park property, except in areas specifically designated therefor, by the Commission and during such hour or seasonal periods specifically authorized by the Commission and subject to conditions as may be herein:
A. 
The throwing, striking, kicking and catching of any ball, horseshoe or other object or the conduct of any game or athletic activity, or the use of any device or equipment used in any such game or athletic activity.
B. 
The engaging in toy or model boating or automobiling.
C. 
The use of a sled, skates or other equipment or device used for the purpose of moving on snow or ice on runners, wheels or other means.
D. 
Roller-skating, roller-blading (including all other forms of rolling footwear), skateboarding, and scooters, including those powered by motor or by foot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Kite flying.
F. 
Swimming, diving, bathing or wading.
G. 
The use, launching, beaching, docking, mooring, or anchoring of a boat or watercraft used as a means of transportation on water:
(1) 
No boat or watercraft shall be operated within a bathing area.
(2) 
No boat or watercraft shall be operated at a speed greater than five miles per hour in the channel of the Owasco River, the channel connecting Little Sodus Bay with Lake Ontario and within 1,000 feet of land.
(3) 
No person shall permit a vessel to be moored in a channel in such a manner that free movements of boats in the channel would be inhibited.
H. 
The use or operation of a snowmobile.
(1) 
Snowmobiles may be operated only on a trail designated for snowmobile use by the Commission. They shall be strictly prohibited in all other areas.
(2) 
The operator of any snowmobile shall carry liability insurance in an amount equal to that prescribed by law for such operation on highways and carry evidence of same.
(3) 
No person shall operate a snowmobile in any area where the snow cover is less than three inches or between April 1 and November 15.
(4) 
No person under 18 years of age shall operate a snowmobile on property under the jurisdiction, custody or control of the Commission unless he has received safety training as prescribed by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation and has received the appropriate snowmobile safety certificate issued by the Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
No person shall operate a snowmobile on lands under the jurisdiction, custody or control of the Commission in violation of the provisions of New York State law pertaining to the operating of snowmobiles on a street or highway while under, the influence of alcohol or drugs.[1] All of the provisions of said laws shall apply to County lands notwithstanding that such lands may not be classified as streets or highways.
[1]
Editor's Note: See Parks, Recreation and Historic Preservation Law § 25.24.
I. 
The use or operation of an ATV.
(1) 
ATVs may be operated only in areas designated for ATV use by the Commission via signage. They shall be strictly prohibited in all other areas.
(2) 
The operator of any ATV shall carry liability insurance in an amount equal to that prescribed by law for such operation on highways and carry evidence of same.
(3) 
No person shall operate an ATV in any area where the conditions are such that the ATV is sinking in more that 1/2 inch.
(4) 
No person under 16 years of age shall operate an ATV on property under the jurisdiction, custody or control of the Commission.
(5) 
All ATVs have warning labels advising the appropriate age for riding that particular machine. No underage person is to operate any ATV on property under the jurisdiction, custody or control of the Commission.
(6) 
No person shall operate an ATV on lands under the jurisdiction, custody or control of the Commission in violation of the provisions of any New York State Law pertaining to the operating of an ATV on a street or highway while under the influence of alcohol or drugs. All of the provisions of said laws shall apply to County lands notwithstanding that such lands may not be classified as streets or highways.
J. 
Golf. Engaging in the game of golf or in practice therefore. It is understood that this provision does not limit the game of disc golf in areas designated for that activity.
K. 
Fishing. It is understood that fishing is allowed per New York State regulations in all areas of County parks except designated swimming areas, designated boat slip areas and other areas as may be posted by the Commission as no fishing areas.
A. 
No person shall cause or permit a vehicle to be operated on a park road at a speed in excess of the posted speed limit as designated by the Commission.
B. 
No person shall cause or permit a vehicle to be towed or pushed by another vehicle, except that a disabled vehicle may be towed to the nearest park exit by a tow truck operated for such purpose. Disabled vehicles shall be moved off the paved portion of a road so as to prevent obstruction of traffic, but a disabled vehicle shall be permitted to remain off the pavement only until temporary repairs are made or until power can be obtained to remove it. If such vehicle is not removed within 24 hours, it may be removed by the Commission at the expense of the owner or person in charge thereof. Any vehicle left on the paved portion of a park road or within an area designated by signage as a "Tow-Away Zone" or in an area not designated for parking may be immediately removed by the Commission at the expense of the owner or person in charge thereof.
C. 
No person shall operate a motor vehicle unless duly licensed in accordance with the laws of the State of New York, and no person having custody or control of a motor vehicle shall permit the same to be operated by another person not duly licensed in accordance with the laws of the State of New York.
D. 
No person shall cause or permit the interior of a motor vehicle to be closed from view, except those vehicles designed for camping purposes and then only when being used for camping.
E. 
No person shall cause or permit a motor vehicle to be driven or otherwise moved off the improved or paved portion of a park road or designated parking area or designated access road.
F. 
No person shall cause or permit a motor vehicle to be parked except in designated areas of as directed by the Commission. Any vehicle parked in an area not designated for parking may be immediately removed by the Commission at the owner's expense.
G. 
No persons shall cause or permit a motor vehicle to enter or leave property under the jurisdiction, custody or control of the Commission, except by designated routes.
H. 
No person shall cause or permit a motor to unnecessarily stop or obstruct traffic.
I. 
No person shall cause or permit a motor vehicle to be stopped on the improved or paved portion of any road for the purpose of removing or replacing a tire or making any repair to a vehicle.
A. 
The Commission may confiscate any alcoholic beverages found to be in possession of persons under the age of 21 years and may, at its discretion, confiscate any other alcoholic beverages possessed or being consumed by a person of any age in violation of this section.
B. 
No controlled substances shall be possessed, used or sold on park premises.
C. 
Any person who is either intoxicated or under the influence of illegal drugs may be immediately ejected from park property.
D. 
Alcoholic beverages may be brought into and consumed on park property only under the following conditions:
(1) 
Alcoholic beverages shall be permitted in reserve areas where the reserving group has been issued an alcoholic beverage permit.
(2) 
Alcoholic beverage may be purchased from a duly authorized concession facility that has been issued a permit for the sale of alcoholic beverages.
(3) 
Alcoholic beverages may be consumed in designated picnic areas. Designation of picnic areas shall be determined solely by the Commission and such designation may be modified or eliminated at any time. It shall be unlawful for any group or individual to bring into or possess excessive quantities of alcoholic beverages in said designated picnic areas. An amount in excess of 72 fluid ounces of beer, ale or other malt beverage per person over 21 years of age shall be considered excessive. The equivalent amount of hard liquor or wine shall also be considered excessive; 1.5 ounces of hard liquor or 6 ounces of wine shall be equivalent to 12 ounces of beer (also see Subsection D(7) permit requirement).
(4) 
Consumption or possession of alcoholic beverages is absolutely prohibited at the playground areas, children's ride area and in any other areas so designated by the commission. Alcohol is prohibited on the grounds of Emerson Park on July 3 before, during and after the Syracuse Symphony performance and annual fireworks display.
(5) 
Possession of open containers of alcoholic beverages in parking areas is not permitted.
(6) 
No person under the age of 21 years shall consume alcoholic beverages.
(7) 
Neither beer nor malt beverages in kegs nor wine or hard liquor in amounts described above as excessive shall be brought into the park without a permit.
A. 
Parks, trails and recreation areas shall be opened and closed at hours as determined by the Commission. Normal hours for all such properties shall be dawn to dusk.
B. 
Notwithstanding Subsection A above, the Commission may extend hours that the parks, trails and recreation areas may remain open for scheduled events. Such extended hours shall be determined on a case-by-case basis by the Commission.
C. 
No person or vehicle, without the written permission of the Commission, shall enter or remain in a restricted/controlled area or any part thereof when it is closed.
Any person who violates any provisions of this chapter or of any rule or regulation or order adopted pursuant thereto shall be guilty of a violation as defined in the New York State Penal Law, punishable by a fine not exceeding $500 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Law enforcement personnel may instead choose to prosecute the person under other provisions of state law if the activity is also in violation of said law.