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.
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.
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) and the New York State civil rights laws. (Seeing Eye
dogs are one example of a service animal.)
(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)]
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. All of the provisions of said laws shall apply to County
lands notwithstanding that such lands may not be classified as streets
or highways.
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.
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.