[HISTORY: Adopted by the Board of Trustees of the Village
of Ballston Spa 3-11-2024 by L.L. No. 1-2024. Amendments noted where
applicable.]
The purpose of this chapter and the rules and regulations authorized
hereunder is to preserve the public peace and good order on lands
operated as public parks by the Village of Ballston Spa and to enhance
and promote safety, well-being and enjoyment of the users of such
parkland.
As used in this chapter, the following terms shall have the
meanings indicated:
The definitions of "cannabis," "cannabis products," and "cannabis-infused
products," shall be the same as they are defined in the New York State
Marijuana Regulation and Taxation Act.
An electronic device that contains cartridges filled with
substances that may include nicotine, cannabis, flavoring, and/or
chemicals that are turned into vapor when inhaled by the user, and
shall include any refill, cartridge and any other component of such
a device.
All lands and facilities under the jurisdiction, supervision,
and control of the Village of Ballston Spa, including but not limited
to park lands, trails, ball fields, playgrounds, basketball courts,
swimming pools, skate parks, water courses, historic sites, nature
preserves, and all other recreation facilities; and shall also include
buildings, structures, parking areas, and all other Village of Ballston
Spa owned property associated with park land.
The act of inhaling or exhaling the smoke of burning tobacco
or tobacco substitute or herbs, including cannabis, cannabis products,
or cannabis-infused products, and also to carry burning tobacco or
tobacco substitutes in the form of a cigarette, cigar, or any other
smoke-producing product or device, including pipes. This also includes
the use, or "vaping," of electronic cigarettes.
The smoking and/or chewing of tobacco.
All persons entering upon and/or using the parks and/or park
facilities for any purpose, other than to carry out their duties and
responsibilities as agents or employees of the Village of Ballston
Spa.
A.
The parks and park facilities are for the peaceful use and safe enjoyment
of residents of and visitors to the Village of Ballston Spa. Use of
the parks and park facilities shall conform to this chapter and to
all rules and regulations promulgated thereunder.
B.
Except for emergencies or another special reason, the various parks
in the Village shall be open to the public every day of the year during
designated hours as determined by the Board of Trustees by resolution.
The opening and closing hours for each individual park shall be posted
therein and in the Village Hall for public information, as well as
on the Village's website and shall be determined, from time to
time, by resolution of the Board of Trustees. Any part or the whole
of any park may be closed to the public at any time and for such interval
of times as may be reasonably necessary in the public interest as
determined by the Superintendent of Public Works. Such closing shall
be accomplished by the posting of signs at the parks and on the Village's
website containing the word "Closed" and such other information as
may be reasonably required to inform the public.
C.
The parks and park facilities shall not be used other than during such times as the Village of Ballston Spa Board of Trustees or Village Superintendent of Public Works shall have determined or designated. Exceptions for special uses at times not specified for use by the general public shall require a special permit issued by the Village of Ballston Spa. Groups, clubs, businesses, or other organizations wishing to use the parks or park facilities for an event must first secure, in writing, a special permit issued by the Village. The Village may charge a permit fee and/or require insurance as set forth in § 150-3E below.
D.
The parks or any portion thereof and park facilities or any part
thereof may be closed or rendered unavailable for access or use, for
such interval of times as may be deemed appropriate or necessary,
by the Village Superintendent of Public Works, Village Police Chief,
Mayor, or Village Board of Trustees. Such closing may be accompanied
by the posting of notices and/or signs to such effect upon the affected
property and/or facilities, and otherwise may best give notice of
same to the public.
E.
The Village Board of Trustees is authorized to adopt a schedule of
fees, which shall be charged for the use of parks or park facilities
and/or equipment upon permit. The Village Board is authorized to require
the posting of security, in the form of cash or check, and insurance
as a condition of the use of the park or park facilities and/or equipment.
Should damage be done to the premises for which the cost to repair
shall be in excess of said sum, then either the individual making
application for said permit or the group which they represent or on
whose behalf they sign, or both, may be held legally responsible for
such excess.
F.
Use of the parks and park facilities shall be at the sole and complete
risk of the user. The Village of Ballston Spa assumes no responsibility
and is not liable for any injury, damage, or losses to any persons
or property arising from the use of the parks and/or park facilities.
G.
Entering upon and using the parks and/or park facilities shall constitute
an agreement by the user to hold the Village of Ballston Spa harmless
from all claims from injury, damage or loss to any persons or property
arising from the use of the park and/or park facilities. Injury, damage
or loss of property of the Village of Ballston Spa, including the
parks and/or park facilities, resulting from the use of the park and/or
park facilities shall be the responsibility of the user, who shall
be liable to the Village of Ballston Spa for the actual cost or value
of such injury, damage or loss, in addition to such other claims and
sanctions as may be allowed or imposed by law.
H.
Minors under the age of 10 shall at all times be under the supervision
and control of a parent, guardian, or responsible custodian while
on park property or in park facilities.
A written permit issued by the Village Clerk to do any act shall
authorize the same insofar as it may be performed in strict accordance
with the terms and conditions thereof. The Village Board of Trustees
may set a fee schedule by resolution from time to time, which schedule
will be on file in the office of the Village Clerk. Any act authorized
pursuant to the permit may be performed only by the person or entity
named therein, and any such authorization may not be assigned or delegated
unless and except as provided in the permit. Any permit may be revoked
at the option of the Village Superintendent of Public Works, the Village
Board of Trustees, or the Village Code Enforcement Officer, and such
action shall be deemed final. In case of such revocation, all money
paid for or on account thereof shall, at the option of the Village,
be forfeited to and retained by the Village. 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, they shall be jointly and severally
liable to the Village of Ballston Spa for any damages or loss suffered
by it in excess of money forfeited and retained by the office. Neither
the forfeiture and the retention of such money by the office 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 the office or the violation thereof.
A.
The Village Board of Trustees, the Village Superintendent of Public
Works, the Village Police Department, and the Village Code Enforcement
Officer shall have the authority to monitor compliance and seek enforcement
of the provisions of this chapter and any rules and regulations promulgated
hereunder.
B.
The Village Board of Trustees shall have the authority to promulgate
rules and regulations regarding the use of the parks and/or park facilities.
A current copy of all such rules and regulations for each Village
park and/or park facility shall be maintained on file in the Village
Clerk's office, on the Village's website, and a summary
shall be posted at the respective park and park facility.
C.
Unless otherwise designated and permitted in the rules and regulations
of the specific park or park facility, all dogs must be leashed while
in parks, park facilities, and/or on Village-owned property, with
the exception of areas specifically designated by the Village as "dog
parks" or "dog run areas" located in parks. Such dog parks or dog
run areas shall be designated by the Village Board of Trustees and
identified in a schedule of parks to be approved by the Village Board
of Trustees by resolution and amended from time to time, with signage
installed and maintained to indicate such areas. Other than service
dogs, dogs are prohibited in areas designated by the Village as "playgrounds"
located in parks. In all cases, owners must pick up with a disposable
bag and place in a trash container any excrement left by their dog
on park or Village-owned property.
D.
In addition to any specific rules for each individual park, all persons
are prohibited from doing any of the following in or upon any park
or any park facilities:
(1)
Entering, remaining upon, and/or using the parks and/or park facilities
at any other time other than as scheduled or made available for use
by the Village authority.
(2)
Failing to obey all signs, signals, speed limit signs and other directions
and instructions from the Village of Ballston Spa or other lawful
authorities in or on park property and park facilities.
(3)
Carrying or having in possession while in any Village park any glass
containers, bottles, or breakable glass products unless specifically
approved by permit from the Village Board of Trustees.
(4)
Making or causing loud noise and/or music in or on park property
and park facilities in such manner as disturbs or interferes with
other users, residences, or businesses; or in any fashion impairing
the ability of any person to quietly enjoy and use the same unless
specifically approved by permit from the Village Board of Trustees.
(5)
Possessing and/or using explosives, fireworks, rockets, dangerous
chemical and/or devices or substances in or on the parks and park
facilities, unless specifically approved by permit from the Village
Board of Trustees.
(6)
Littering, dumping, disposing, or otherwise placing household trash,
solid or liquid waste or debris in or on the park property or park
facilities except in appropriate receptacles provided therefor. No
person shall use park receptacles for household waste, construction
and demolition debris or waste, medical waste, radioactive waste,
chemical waste, or other waste material which is generated or originated
anywhere except on or from the park's property.
(7)
Acting, behaving, and/or using language in a disorderly, disturbing,
indecent or obscene manner; or harassing, annoying, disturbing or
interfering with other persons using the parks and/or park facilities.
(8)
Possessing, using, selling or conveying to another person alcohol or substances containing alcohol, except as hereinafter provided in § 150-6, or illegal chemicals, compounds or drugs.
(9)
Being in or upon or using the parks or park facilities while intoxicated
or under the influence of alcohol or drugs or while abilities are
impaired by same.
(10)
Smoking of tobacco, cannabis, electronic cigarettes, and vapor
products in or upon all public parks, sidewalks immediately adjoining
any park, pedestrian route though any park, public parking lots, Village-sponsored
outdoor gathering of people, and all property within 24 feet of a
public park except for private property.
(11)
Carrying or possessing any kind of weapons in or on park property
or park facilities, including but not limited to firearms, bows, slingshots,
air or spring guns; or firing or discharging firearms or weapons on,
from, into or across park property and/or park facilities. This prohibition
does not include knives four inches or less which are used solely
and specifically for food preparation and/or consumption.
(12)
Conducting illegal activities of any kind.
(13)
Parking any vehicle, trailer or other human or animal conveyance
or apparatus anywhere other than in designated parking areas, or contrary
to the instructions of lawful authority; parking overnight in or on
any park parking facility or area. Parking areas are for use by vehicles
or persons using the parks or other park facilities. Parking areas
shall not be used by persons not using the parks or park facilities.
Exceptions must be preauthorized by the Village Board of Trustees.
(14)
Obstructing, impairing, burdening, damaging, altering, or destroying
the parks, park facilities and property; disturbing, destroying, injuring,
damaging, or removing any property within the parks, including, but
not limited to, vegetation, wildlife, signs, equipment or facilities,
except as unavoidably impacted by normal minimal wear and tear resulting
from authorized use of the park or park facilities.
(15)
Selling, vending, or conducting or soliciting private business, commerce, or commercial transactions or for-profit activities on park property or park facilities or Village-owned land using same in pursuit thereof unless specifically approved by the Village Board of Trustees and by following any applicable provisions of § 150-6B below. Should anything in this section be inconsistent with Chapter 153 of this Code at the time this chapter becomes effective, this chapter shall govern.
(16)
Using or renting for private profit or charging a private fee
for the use of the parks or park facilities by any individual or group
or entity, corporate or otherwise, for any purpose whatsoever.
(17)
Starting or maintaining a fire or open flame; operating a portable
stove, grill or any other device for heating, cooking, or preparation
of food without a special permit issued by the Village, or at designated
Village-installed grilling facilities.
(18)
Planting of trees or other vegetation within park property or
park facilities unless specifically approved by the Village Board
of Trustees upon recommendation of the Village Park and Tree Board.
(19)
Creating or installing shrines or other forms of decoration
on or around trees or other vegetation within park property or park
facilities unless specifically approved by the Village Board of Trustees
upon recommendation of the Village Park and Tree Board.
(20)
Posting of signs, advertising, billboards, or banners without
prior written notice to the Village Clerk at least five days'
prior to the start date of the Village-permitted event during which
signs will be posted. Such written notice can be provided annually.
(21)
Unless otherwise permitted in the rules and regulations of the
specific park, biking, skateboarding, riding scooters or other similar
vehicles in nondesignated areas within park property and park facilities.
This prohibition does not apply to such modes of transportation required
for mobility access by individuals with disabilities.
A.
The use of alcohol is not permitted in any Village park or park facilities
without a special event permit with alcohol issued by the Village.
B.
To obtain permission to possess, consume, and/or sell beer and/or wine as part of an event, the person or entity must, after fulfilling the relevant requirements of § 150-5D(15) above:
(1)
Submit an application to the Village Clerk at least 30 days'
prior to the date of the event or function.
(2)
Submit proof to the Village Clerk of an application to the New York
State Liquor Authority within five days of submission to NYS.
(3)
Obtain a permit from the New York State Liquor Authority and provide
it to the Village Clerk no later than 24 hours prior to the start
time of the event.
(4)
Submit a certificate of liquor legal liability insurance coverage
to the Village Clerk no later than five days' prior to the event
or function. The certificate must name the Village of Ballston Spa
as an additional insured. Coverage amounts will be listed on the schedule
maintained in the Clerk's office.
(5)
Sign a statement agreeing that under no circumstances shall any person
under the age of 21 years be served, sold, given, or allowed to drink
or consume any alcoholic beverage at the event or function.
Any person or entity who violates any of the sections of this
chapter shall, for a first violation thereof, be liable for a civil
penalty of not less than $100 nor more than $400; for a second violation,
both of which were committed within a period of 12 months, be liable
for a civil penalty of not less than $500 nor more than $1,000; and
for a third or subsequent violation, all of which were committed within
a period of 12 months, be liable for a civil penalty of not less than
$1,000 nor more than $2,000. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
