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:
CANNABIS
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.
ELECTRONIC CIGARETTE (E-CIGARETTE)
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.
PARK(S) AND PARK FACILITIES
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.
SMOKING
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.
USER
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 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.
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.