[1]
Editor's Note: This article was previously amended in its
entirety 9-10-2018 by L.L. No.
2-2018.
This article shall be known as the "Diamond Point Beach and
Playground Ordinance of the Town of Lake George, New York."
The purposes of this article are the protection of government,
order, conduct, the general welfare, safety, morals, health and well-being
of the persons using Diamond Point Beach and Playground.
Nothing herein contained shall be construed to prevent the adoption
or enforcement of a law, ordinance or regulation which is more restrictive
or establishes higher standards than those provided in this article.
This article shall apply to all persons present in, using the
facilities of or in any way conducting themselves in any manner having
relevance to Diamond Point Beach and Playground.
[Amended 9-12-2022 by L.L. No. 5-2022]
A.
Hours of operation. The hours of operation of the beach shall not
be earlier than 7:00 a.m. or later than 10:00 p.m.
B.
Parking. No parking shall be allowed in front of the fence or along
the south side of Lake Road. Diagonal parking, restricted for beach
use only, is limited to the north side of Lake Road, between the hours
of 7:00 a.m. and 10:00 p.m. No cars, trucks or motorcycles shall be
permitted to enter the dock area. Violators will be towed. Violations
are subject to a fine of $25, plus towing charges.
C.
Picnicking. Picnicking will be allowed in an area so designated for
the same.
D.
Swimming and conduct. No one under the age of 10 years shall use
the beach unless accompanied by a mature, responsible adult. Swimming
is an authorized activity only when the lifeguard is on duty, between
the hours of 9:30 a.m. and 6:00 p.m. Swimming is allowed inside the
rope and float perimeter only. The lifeguard/attendant, when on duty,
assumes responsibility for the safety and operation of the dock and
beach. The lifeguard/attendant has the authority to expel a user from
the dock or beach area for breach of safety or conduct that he deems
contrary to the welfare of other users or if the user is in violation
of any of the Diamond Point rules and regulations.
E.
Safety equipment and furniture must not be altered, moved or used
by unauthorized persons.
F.
Emergency signals must be observed. Swimmers must leave swimming
areas immediately upon the signal or request of the lifeguard. Patrons
are not permitted to use whistles.
G.
People under the influence of alcohol or narcotics are prohibited
from using the beach. The park and beach are an alcohol- and smoke-free
facility.
H.
Glass bottles or items (other than eyeglasses), sticks, stones or
any object which is not part of regular equipment items are not allowed
in the swimming area.
I.
Abusive or foul language is prohibited.
J.
Town residents only. Only persons with a Town-issued Lake George Diamond Point Beach identification (ID) card for the Diamond Point Beach Card Reader, and no more than four of their guests, may use the beach facility. The sole exemption to this rule is identified in Subsection J(7). Identification (ID) cards are not transferable, and replacement cards shall cost $25 each. Town staff at Diamond Point Beach may use their discretion in allowing more than four guests for Town residents, based on the current capacity of the facility or other factors. Proof of residency requirements shall be as follows:
(1)
Personal visit to Town center, not phone call or mail, to obtain
the ID card or key-fob.
(2)
Property tax receipt (if owner) or rental lease agreement from landlord
(if renter). No seasonal or short-term renters are allowed at the
residents-only facility.
(3)
Driver's license or other picture ID showing Lake George address.
(4)
Town of Lake George resident only, not school district.
(5)
Children under 16 must be accompanied by parent or guardian to secure
card, and parent or guardian must prove residency.
(6)
Each person in household must have an ID card.
(7)
Exemption from full-time residency requirement. Users of Diamond
Point Beach with a seasonal residency (but not necessarily ownership
of a property), such as the residency at a seasonal campground, of
at least one month each year, who can also prove to the Town that
they had access to, and an ID card for, the Diamond Point Beach prior
to or during the year 2000, will be exempt from the residency requirements
above and may be granted an ID card for Diamond Point Beach at the
Supervisor's discretion, as agreed upon by the Buildings and
Grounds Director.
K.
Children under the age of 10 years of age should be accompanied in
the water by a mature, responsible adult who has swimming abilities.
Any person directed to leave the Diamond Point Beach by the
lifeguard/attendant or a law enforcement officer shall do so immediately
or be in violation of this article. Such person may return to the
beach only with the express permission of the lifeguard/attendant
or law enforcement officer who directed said person to leave the beach,
or by express permission of the Town Board.
Any person directed to leave the beach (see § 117-16) shall have the opportunity to be heard by the Town Board at any regular Board meeting, subject to such request being in writing and presented to the Town Clerk at least five days prior to said meeting.
A.
It shall be unlawful for any person to bring or otherwise possess
any domestic animal, leashed or otherwise, within the area designated
as the Diamond Point Beach and Picnic Area. Users who bring domestic
animals onto the beach will be asked to leave immediately.
B.
The only exemption from this rule is for guide dogs, service dogs
and hearing dogs, per New York State Civil Rights Law, Article 4-B,
and the Americans with Disabilities (ADA) Act. Note that New York
law applies only to dogs, not other animals.
(1)
A service dog is a dog that has been, or is being, trained to work
or perform tasks for a person with a disability (including psychiatric
disabilities).
(2)
A guide dog is a dog that has been, or is being, trained to assist
a person who is blind.
(3)
A hearing dog is a dog that is being or has been trained to assist
a person with a hearing impairment.
C.
The ADA or New York definition does not include what some call "emotional
support animals," animals that provide a sense of safety, companionship,
and comfort to those with psychiatric or emotional disabilities or
conditions. Although these animals often have therapeutic benefits,
they are not trained to perform specific tasks for their handlers.
Under the ADA and New York law, owners of public accommodations are
not required to allow emotional support animals, only service dogs
(which includes psychiatric service dogs). These laws also do not
apply to regular pets.
The launching of boats or other motorized vessels is prohibited. Boat docking is prohibited from the last week in June to after Labor Day. Emergency docking will be allowed. Boats will not be allowed to stop and unload trash, and violations are subject to penalties. Boats will not be allowed to stop for unloading or pickup of passengers (see § 117-26).
Scuba diving is not permitted from Memorial Day through Labor
Day.
No fishing will be allowed in the dock area from Memorial Day
through Labor Day. Access to the lake from Diamond Point Beach for
seasonal ice fishing in the winter is also prohibited.
It shall be unlawful to play any ball game or any other games
that may annoy or disturb users of the swimming or beach area.
It shall be unlawful for any persons other than authorized Town
personnel to turn off, move or break the dock bubbler during the winter
season or tamper with any other equipment used and owned by the Town
at Diamond Point Beach.
The dock area is not a refuse collection area. The refuse containers
are for ordinary park litter only. Each user assumes the responsibility
of not creating litter and shall follow a "carry-in, carry-out" policy.
The public is not allowed to use refuse containers for home garbage.
Violators will be subject to penalties.
The Diamond Point Playground is available for all game activities
during the hours of 9:00 a.m. to 9:00 p.m. No activities shall be
conducted after 9:00 p.m. Motorized vehicles are prohibited.
Any violation of this article shall be punishable, for each
violation, by a fine of not more than $250 or imprisonment for not
more than 15 days, or both.
