[HISTORY: Adopted by the Town Board of the Town of Rye 8-15-1978. Amendments noted where applicable.]
This chapter shall be known as the "Parks Ordinance For the
Unincorporated Area of the Town of Rye."
The purpose of this chapter shall be to preserve the public
peace and good order on lands operated as public parks by the Town
of Rye and to contribute to the safety and enjoyment of the users
of such park land by regulating the hours of use, the use of motorized
vehicles and by prohibiting certain activities inimical to customary
park recreation use.
The Department of Recreation of the Town of Rye is charged with
the administration of this chapter and the posting of signs designating
park lands within the Town of Rye. The rules and regulations set forth
herein shall apply to and be in effect in all parks under the control,
supervision and jurisdiction of the Department of Recreation of the
Town of Rye.
For the purpose of this chapter, the terms used herein are defined
as follows:
An organization exempt from the payment of income tax under
Section 501(a) of the Internal Revenue Code of 1954.
The grounds, building thereon, waters therein any other property
necessary for the operation thereof and constituting a part thereof,
which are now or hereafter will be maintained, operated and controlled
by the Town of Rye for public park purposes.
Any individual, firm, partnership, corporation or association
of persons, and the singular number shall include the plural.
A member of the Rye Town Recreation Commission appointed
by the Rye Town Board.
Every device in, upon or by which a person or property is
or may be transported.
A.
No person shall be permitted to remain, stop or park within the confines
of any park between the hours of 9:00 p.m. and 8:00 a.m., prevailing
local time, in the Town of Rye, except in case of an emergency or
with special permit of the Recreation Commission.
A.
A permit must be obtained from the Recreation Commission for the
following uses and activities:
(1)
The use of park or building located at the park site.
(2)
Picnicking on park grounds or the use of any playing fields or other
park facilities by groups larger than 24 persons.
(3)
Camping within a park where allowed.
(4)
Serving or preparing of food and drinks, including alcoholic beverages,
by permission, by Town ordinance.
B.
Permits shall be issued by the Recreation Commission at the Town
Hall, Town of Rye, 10 Pearl Street, Port Chester, New York 10573.
C.
All permit applicants must be 21 years of age or older. All permits
must be signed prior to use of a park facility or prior to the activities
for which a permit is obtained. The signer of a permit shall be responsible
for all damages to park facilities or contents thereof and shall agree
to indemnify the Town of Rye for such damages.
D.
All permits issued shall be in writing by the Recreation Commission
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 or rule or regulation governing
parks. Any violation of any term or condition thereof, or any law
or ordinance or rule or regulation governing parks, shall constitute
grounds for revocation of said permit by the Recreation Commission,
whose action therein shall be final. No permit for the same purpose
shall be issued to the person 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 Town of Rye in an amount established by the Town Board of the
Town of Rye. Such fee may vary according to the activity permitted
and the facilities used.
A.
Park buildings may only be used upon the obtaining of a permit as
provided herein.
B.
Rules and regulations particular to each park's building or pavilion
shall be established by the Town Board of the Town of Rye within such
facility. Nonobservance of such rules and regulations shall constitute
a violation.
C.
All permits for park use must be picked up at the Rye Town Hall at
least 72 hours prior to use.
A.
No person shall commit any of the following acts within parks without
a written permit from the Recreation Commission:
(1)
Post or display any sign, banner or advertisement of any kind within
any park.
(2)
Use any loudspeaker or other sound-amplifying equipment.
(3)
Picnic or cook in any area not designated by the Recreation Commission
for that purpose or make or kindle any fire, except in places provided
therefor and subject to such regulations as may be prescribed.
(4)
Write, paint or carve on any tree, bench or park structure or sleep,
camp, lodge or reside in any park building, except in such places
as may be designated for said purposes by the Recreation Commission.
(5)
Ascend or land with any aircraft, including gliders or parachutes,
except in an emergency situation, or engage in stunt flying or parachute
landing or model airplane flying or model rocket launching using liquid
or solid fuel as a propellant.
(6)
Construct, repair or relocate utility fixtures, such as sewers, hydrants,
posts, lines and conduits, or open trenches or make excavations or
engage in any construction in or on park lands.
(7)
Carry any flower or shrub, slingshot, axe, saw, shovel or spade within
the parks; violate the regulations of the Recreation Commission relating
to any building or place; damage any notice posted by order of the
Recreation Commission; cut parkway curbs for private drives; locate,
grade or construct paths, driveways and roadways across or along any
parkway or park road; or deposit materials in or upon any park or
park road.
(8)
Move or carry any tables or equipment found within a park for park
use to a different area of the park.
(9)
Beg, hawk, peddle or solicit within any park.
B.
Nonobservance of any part of this section shall constitute a violation.
Nonobservance of the following park regulations shall constitute
a violation:
A.
Disorderly conduct.
(1)
No person shall disturb the peace and good order in any park by fighting,
quarreling or wrangling with loud voice or shouts, threatening violence
to the person or property of others or engaging in riotous clamor
or tumult.
(2)
No person shall congregate with others in a public place and refuse
to comply with a lawful order of the police or the Recreation Commission
to disperse or leave the park.
(3)
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 any other representation of value, nor shall
any person be allowed to maintain or exhibit any gaming table or other
instrument of gambling or gaming.
(4)
No person, except peace officers of the county or other law enforcement
officers, shall have or carry any pistol, switchblade, hunting knife,
slingshot, dagger, metal knuckles or other dangerous weapons concealed
or about his person while in the park.
(5)
No person shall use obscene, profane or abusive language while in
the park.
(6)
No person shall loiter in or near toilet buildings or parking areas.
B.
Games. No person shall engage in potentially dangerous games involving
thrown or propelled objects, such as footballs, baseballs, 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 Recreation Commission. 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 fee.
C.
Hunting, fishing and molesting wildlife. No person shall take or
attempt to take any fish from, or send or throw any animal or thing
into, a pond or any of the waters of the parks, except with permission
of the Recreation Commission. No person shall kill, injure or unnecessarily
disturb any fish, waterfowl, birds or animals. 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 the eggs of any bird.
D.
Preservation of property and natural features. No person shall injure,
deface, disturb or befoul any part of a park, or any building, sign,
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, without the specific written consent of the Recreation
Commission, 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 other glassware 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 a park or endanger
the health of visitors in a park.
F.
Alcoholic beverages.
(1)
The consumption of alcoholic liquors or beverages, including beer,
and the bringing of such items into the parks are permitted by making
a request to the Recreation Commission, and the drinking of alcoholic
beverages shall be in accordance with the Public Drinking Ordinance
of the Town of Rye.[1]
(2)
No person shall become intoxicated.
(3)
No person shall bring into any park or drink any alcoholic liquors
or beverages, including beer, in any park except by permission as
contained in this chapter.
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 other wildlife, except that dogs or
cats are permitted if held in control by a leash.
H.
Bicycles, snow vehicles and motorbikes.
(1)
No person shall ride a bicycle upon the lawn, walks, foot trails
or bridle trails or any park or parkways unless otherwise posted.
(2)
No motorized snow vehicles shall be permitted in any area of a park.
(3)
No unlicensed motorbikes or other unlicensed vehicles shall be permitted
in any area of a park.
(4)
Riders of bicycles shall comply with the rules for the regulation
of other vehicles and, in addition thereto, shall be subject to the
following rules and regulations:
(a)
Riders shall proceed in the extreme right-hand lane of the drive
at all times, in single file only.
(b)
Riding crosswise and curving to and from are strictly prohibited.
(c)
No rider shall take both hands off the handles or steering mechanism
or ride recklessly in any manner.
(d)
A bicycle shall not be towed by a rope or otherwise, nor shall
any rider hold onto any moving vehicle for the purpose of being drawn
along.
(e)
No bicycles shall be pushed upon any park or parkway drive where
an adjoining footwalk is available.
(f)
Children under the age of 12 years, riding small bicycles with
wheels less than 20 inches in diameter, may use the footwalks.
(g)
Wherever possible, bicycles shall be parked in places provided
for such purpose.
I.
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 person shall drive any automobile, motorcycle, motorized bike
or other vehicle of traffic or burden upon any part of the parks or
parkways, except on the proper drives and parking areas, or permit
the same to stand upon the drives or any part thereof so as to congest
traffic or obstruct the drive. Paths established as bridle paths,
footpaths or bicycle paths shall not be used for vehicular traffic.
B.
No person shall cause any taxi, bus, limousine or other vehicle for
hire to attend upon any part of the parks or parkways for the purpose
of soliciting or taking in passengers or persons other than those
carried to the parks or parkways by said vehicle.
C.
No person shall cause any bus, with or without passengers, or any
cart, wagon, truck or trailer or other vehicle carrying goods, merchandise,
manure, soil or other articles or solely in use for the carriage of
goods, merchandise, manure or other articles to enter or to be driven
in any part of the park or parkway. This section shall not apply to
vehicles engaged in the construction, maintenance or operation of
the parks or parkways nor to buses under a permit of the Recreation
Commission.
D.
It shall be the duty of every person operating an automobile, motorcycle
or other vehicle of traffic or burden within the parks or parkways
to comply with the Vehicle and Traffic Law of the State of New York
and with all orders, directions and regulations issued by traffic
officers or officially displayed on any post, standard, sign or device
installed for the regulation of traffic.
E.
No vehicle shall be operated on any road or drive in any park or
parkway at a speed exceeding 15 miles per hour, unless otherwise posted.
F.
No vehicle shall pass another vehicle proceeding in the same direction
if the center of the road is marked with a solid double line.
G.
Signs indicating one-way traffic must be obeyed.
H.
All stop signs and other traffic control devices must be obeyed.
I.
No person shall park any vehicle or permit any vehicle to remain
standing on any highway or roadway within the boundaries of a park
or parkway in excess of the length of time and between the hours as
hereinafter specified. No parking shall be allowed on any of the park
roads between the hours of 9:00 p.m. and 9:00 a.m. No parking shall
be allowed on the major roads, which will be designated by signs,
during the hours the parks are open. Parking areas in the parks are
established for the convenience of patrons while using the facilities
of the parks. It shall be unlawful for any person to park, stop or
leave standing any vehicle in any parking area in any park, except
during the time he remains in the park. The term "parking" shall mean
the standing of any vehicle, whether occupied or not, upon any highway
otherwise than temporarily or while actively engaged in loading or
unloading or while standing in obedience to traffic regulations or
traffic signals.
J.
No person shall operate a vehicle along or over any road or drive
within a park in a reckless manner or without due regard for the safety
and the rights of pedestrians and drivers and occupants of all other
vehicles, so as to endanger the life, limb or property of any person
while in the lawful use of said park drive or road.
K.
No person shall participate in a drag race upon any park drive or
park property. Drag racing is defined as the operation of two or more
vehicles from a point side by side at accelerating speeds in a competitive
attempt to outdistance each other or the operation of one or more
vehicles over a common selected course from the same point to the
same point wherein timing is made of the participating vehicles involving
competitive accelerations or speeds. The operation of two or more
vehicles side by side, either at speeds in excess of permitted speeds
on park drives or rapidly accelerating from a common starting point
to a speed in excess of such permitted speeds, shall be prima facie
evidence of drag racing.
L.
No person who is under the influence of intoxicating liquor, narcotic
drugs or opiates shall operate any vehicle within the park.
M.
No person shall drive, move, cause, or knowingly permit to be driven
or moved within the park, any vehicle or combination of vehicles which
is in unsafe condition so as to endanger any person.
N.
No person shall use or shine spotlights or unnecessarily or continuously
shine automobile headlights onto park lands, except under direction
of a police officer or park employee or except where necessary for
the preservation of life or property.
No parent, guardian or custodian of any minor shall permit or
allow him or her, as the case may be, to do any act which would constitute
a violation of this chapter. Nonobservance of this section shall be
a violation.
A.
No person shall fail or refuse to comply with any reasonable order
relating to the regulation, direction or control of traffic or to
any other order lawfully given by any police officer or Town official
in the execution of his office, or willfully resist, obstruct or abuse
any police officer or Town official in the execution of his office
or duties. Nonobservance of this section shall be a violation.
B.
No official or employee of the Town of Rye shall, while acting pursuant
to the provisions of this chapter, be personally liable for any damage
that may accrue to persons or property as the result of any act required
or permitted in the discharge of his official duties, provided that
such acts are performed in good faith and without gross negligence.
A.
This chapter shall be enforced by the Recreation Commission and by
the Rye Town Police Department within the Town of Rye.
B.
Any police officer may issue an appearance ticket, pursuant to Article
150 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 Rye 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 Magistrate having competent
jurisdiction, and he shall have at all times the right to enter the
premises of any building, structure or enclosure or any park, including
such grounds, buildings and structures which may be leased or set
aside for private or exclusive use of any individuals or group of
individuals, for the purpose of arresting violators hereof, and may
use all necessary means to attain that end.
If any clause, sentence, phrase, paragraph or any part of this
chapter shall, for any reason, be adjudged finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or part thereof directly involved in the controversy or action in
which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this chapter would
have been adopted had any such provision not been included.
This chapter shall take effect and be enforced immediately after
its passage, publication of notice of adoption and posting as prescribed
by law.
