[HISTORY: Adopted by the Town Board of the Town of Stillwater
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2013 by L.L. No. 4-2013; amended in its entirety 11-5-2020 by L.L. No. 4-2020]
A.
Findings
and determinations. It is hereby the finding and determination of
the Town Board that use of parks, park areas, Town beaches, public
swimming areas, and public navigable waters, within the Town of Stillwater
beyond established times or in violation of the following prohibitions
constitutes and creates disturbance for homeowners and others residing
within the vicinity of Town parks and park areas and jeopardizes the
health and safety of the people who use the said areas for recreational
purposes.
B.
PARKS
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
For purposes of this article, Town-owned or controlled property,
lands, waterways, beaches, swimming and boating areas, structures
thereon and appurtenant objects associated therewith intended for
the protection of the scientific, historic, cultural and architectural
interest thereof and to make such lands available for public recreation.
This shall include sports fields, courts, playground equipment, trails,
designated swimming and boating areas, roads and parking facilities
within those areas, and any other area or facility intended for any
form of lawful outdoor public recreation.
All parks and park areas within the Town of Stillwater shall
be open for public use from the hours of 5:30 a.m. until 10:00 p.m.
or as otherwise posted. This limitation shall apply to all exterior
areas and shall not be applicable to activities inside any buildings
within any of the aforesaid areas. This limitation may also be amended
if the Town Parks Coordinator receives advance notice and determines
that the request to extend the park hours is reasonable and will not
create a disturbance for homeowners and others residing within the
vicinity of the Town park areas.
It shall be unlawful and constitute an offense for any person
to:
A.
Utilize or make use of any park within the Town except during the hours set forth in § 152-2 hereinabove.
B.
Use or utilize any park within the Town for any act or use which
is prohibited by this article or by any other law or regulation.
C.
Vandalize, spray paint, break, or damage any property, fixture, building,
facility, improvement or structure, or any trees, shrubbery, landscaping
materials, and the like in any park or park area within the Town.
D.
Operate any motor vehicle of any sort on any field, court, or recreational
facility other than for official purposes and in designated areas.
This shall include motor vehicles, all-terrain motorized vehicles,
snowmobiles, motorized trail bikes, motorcycles, boats, jet skis,
wave runners, or any other motor-driven craft or watercraft, except
as provided for herein.
It shall be unlawful and constitute an offense under this article
for any person to park any motor vehicle in a Town park or public
park at a time when the operator of the motor vehicle is not utilizing
the park or park facilities for their lawful purpose(s). This provision
includes, but is not limited to, boats and other watercraft at Town
beaches, waterways, and docks, such that any unauthorized boat or
other watercraft parking and/or anchoring at any Town park, beach,
marina, dock, slip, courtesy dock or waterway shall constitute an
offense subject to the provisions herein.
The Town expressly adopts the provisions of New York Penal Law
§ 245.01, as amended from time to time, to prohibit sunbathing
in Town parks in a manner that amounts to "exposure" as defined by
law. A person is guilty of exposure if he or she appears in a public
place, park, recreation area, swimming area, boating area, waterway,
or beach in such a manner that the private or intimate parts of his
or her body are unclothed or exposed. For purposes of this section,
the private or intimate parts of a female person shall include, but
not be limited to, her genitalia and that portion of the breast which
is below the top of the areola. This section shall not apply when
actively breastfeeding infants. The private or intimate parts of a
male shall include, but not be limited to, his genitalia.
B.
Any person found to have violated any of the provisions of this article
shall be guilty of a violation and shall be subject to a fine of up
to $250 for the first offense, and up to $1,000 for every subsequent
offense committed within 18 months, or, in either case, imprisonment
for a term not to exceed 15 days, or both such fine and imprisonment,
in addition to restitution for any damage to Town property.
In addition to the provisions of §§ 152-2, 152-3, 152-4, 152-5, 152-6, and 152-7 of this article, it shall be unlawful and constitute an offense for any person at Brown's Beach on Saratoga Lake to:
A.
Park, dock,
moor, tie, anchor or otherwise store any boat or recreational watercraft
in any area at Brown's Beach or in Saratoga Lake except for those
persons who are members of the Marina and who rent dock space or are
lawfully utilizing a public access dock ("courtesy dock.") This prohibits
unauthorized anchoring or mooring in any water area other than authorized
users of the specified docks herein. Courtesy docks are for short-term
use only and any person found parking any such watercraft beyond two
hours in any day and use shall be guilty of a violation of this article.
Marina docks are for members or authorized boaters who enter into
an agreement with the Marina operator to rent dock/slip space. Such
docks are reserved solely for the Marina members and unauthorized
watercraft parking is prohibited.
B.
Sunbathe,
dive, run, jump, play, fish or swim from, or on, any marina dock or
courtesy dock; docks are intended for boat and watercraft parking
only and are not to be used for sunbathing, swimming, fishing, diving,
or any other form of water recreation.
C.
Diving
headfirst from any dock, courtesy dock, or slip is expressly prohibited
due to the inherent risk of injury due to shallow water and/or obscured
underwater risks. Swimming and bathing in the lake shall be done safely
and only within the designated swimming areas. Bathers must ascertain
and thereby assume all risks of diving swimming, boating and recreational
water activities.
D.
Any person
found to have violated any of the provisions of this section shall
be guilty of a violation and shall be subject to a fine of up to $250
for the first offense, and up to $1,000 for every subsequent offense
committed within 18 months, or, in either case, imprisonment for a
term not to exceed 15 days, or both such fine and imprisonment, in
addition to restitution for any damage to Town property.
[Adopted 7-25-2022 by L.L. No. 5-2022]
A.
Purpose. The purpose of this article is to promote the health, safety
and general welfare of the Town of Stillwater and of its inhabitants
by establishing in this chapter a local law governing the Brown's
Beach and park and facilities to establish certain rules and regulations
for all persons entering, using or visiting or who are otherwise within
the boundaries of said park and establishing penalties for violations
thereof.
B.
Title. This article shall be known as the "Local Law Governing Prohibited
Conduct at Brown's Beach."
C.
Authority. This article is enacted pursuant to Section 10 of the
Municipal Home Rule Law.
Rules and regulations for the conduct of persons entering upon
the park shall be as follows:
A.
Boating, courtesy dock and marina.
(1)
The marina docks/boat slips are reserved exclusively for customers
who have rented dock space. All other watercraft is prohibited from
parking, anchoring, mooring, or otherwise occupying marina dock space.
(2)
No person shall use the marina for any purpose unless he or she is
a member of the marina with a designated slip for use while boating.
(3)
Panza's may provide a courtesy dock for boaters for the sole
purpose of egress and ingress to its facilities. Docking is limited
to a maximum of two hours. Swimming from or near the courtesy dock
is expressly prohibited.
C.
Vehicles and traffic.
(1)
No person shall use any portion of the park for purposes of way except
drives, roadways, paths, walks and trails established for such purposes.
Paths established as footpaths or bicycle paths shall not be used
for vehicular traffic.
(2)
Parking.
(a)
No person shall park any motor vehicle upon any roadway in any
location where posted signs or symbols painted on the pavement prohibit
parking.
(b)
No vehicle shall park in any area of the park after closing
hours and before opening hours.
(c)
Parking at the marina is reserved for those customers of the
marina who have rented dock space and are issued permission and/or
permits for the parking area at the marina. All other vehicles are
expressly prohibited.
(3)
Penalties for offenses.
(a)
Persons found to have violated the provisions of Subsection C herein may have their vehicle towed, at the expense of the violator.
(b)
Violators shall also be guilty of a violation and shall be issued
an appearance ticket in the Justice Court for the Town of Stillwater
and shall be subjected to a fine of not less than $250.
D.
Swimming, swimming areas and beaches.
(1)
Swimming is prohibited except in areas designated for that purpose
and only when lifeguards are on duty.
(2)
Swimming is prohibited near or from marina dock slips, courtesy docks
or near any other areas reserved for parking, docking or mooring boats.
(3)
Violators of Subsection D herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $150 for a first offense. For a second offense, the fine shall be not less than $350. For a third offense, the fine shall be not less than $750.
E.
Preservation of property; prohibited acts.
(1)
No person shall injure, deface, destroy, disturb, remove or misuse
any part of the park nor any building, sign, equipment, fencing, dock/marina
slips or other property.
(2)
No person shall use or access areas of the park afterhours or otherwise
be present at or access areas of the park that are otherwise prohibited
to them.
(3)
Violators of Subsection E herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250 for a first offense. For a second offense, the fine shall be not less than $500. For a third offense, the fine shall be not less than $1,000.
F.
Disposal of rubbish, garbage, sewage and noxious materials.
(1)
No person shall leave behind or dispose of any material of any kind
in the park except the refuse, ashes, garbage and other material of
a picnic or other permitted activity, and such material shall be deposited
in receptacles provided for such purposes.
(2)
No person shall, within the park, place or permit to be placed in
any body of water any liquid or aqueous waste which shall fail to
comply with the minimum requirements as set by New York State Department
of Health.
(3)
Violators of Subsection F herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $150 for a first offense. For a second offense, the fine shall be not less than $350. For a third offense, the fine shall be not less than $500.
G.
Disorderly conduct.
(1)
No person shall, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, engage in fighting
or violent, tumultuous or threatening behavior.
(2)
No person shall, with intent to cause public inconvenience, annoyance
or alarm or recklessly creating a risk thereof, obstruct vehicular,
pedestrian or boating traffic including on or near docks at the marina
or any other courtesy dock reserved for boaters as set forth herein.
H.
Alcoholic beverages; intoxicants.
(1)
No person shall bring any liquor, wine, beer, ale or other alcoholic
beverage in a keg, case, pack, carton or any other type of container
onto any portion of the park.
(2)
No person shall use or have in his or her possession any drugs, as
defined in the Penal Law of the State of New York, unless they have
been prescribed by a physician for the possessor or are legally available
without prescription to the public.
(3)
While retail sales of alcohol beverages are anticipated at the restaurant
and beach bar and during catered events, no such alcoholic beverages
shall be consumed in the beach area, along the shoreline, or in the
lakebed of Saratoga Lake.
(4)
No person shall operate, or be permitted to operate, any motorized
or nonmotorized vehicle or equipment while intoxicated or impaired
by alcohol or drugs.
(5)
Violators of Subsection G herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250. Nothing in this provision shall supersede any other provisions of the New York State Penal Code for alcohol-related violations.
I.
Liability of Town.
(1)
The Town shall not be responsible for loss, damage or theft to cars
and other contents, or to private property whether such loss occurs
inside or outside the Town's beach facilities or on the grounds
of the parking facilities connected therewith, but the same shall
be solely the patrons' responsibility. The Town shall not be
responsible for any injury incurred by any person unless the same
is a result of a willful act of an employee of the Town acting within
the scope of his or her employment.
A.
In addition to the above-provided penalties and punishments for each
section of this article, the Stillwater Town Board may also maintain
an action or proceeding in the name of the Town of Stillwater in a
court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of such chapter.
