[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill 10-15-2024 by L.L. No. 2-2024. [1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance amended in its entirety Ch. 104, Parks and Recreation Areas, 8-20-1979 as L.L. No. 1-1979; amended 3-18-1996 by L.L. No. 2-1996; 11-19-2019 by L.L. No. 2-2019
A. 
It is the intent of the Village of Cobleskill as an exercise of its police power to promote the general health, safety and welfare of the Village by enacting this chapter since it is the finding of the Board of Trustees that the uncontrolled and unregulated use of the parks and recreational facilities of the Village results in the creation of nuisances and other problems affecting the residents of the Village adversely.
B. 
This chapter is intended to provide for the regulation of parks, playgrounds, pools and other recreational facilities within the Village.
For the purpose of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
MOTOR VEHICLE
Any motor vehicle as that term is defined in the Vehicle and Traffic Law of the State of New York, whether licensed or not, and shall include any snowmobile, moped, dirt bike or trail bike but shall not include a bicycle.
PARK
Any park, playground, pool or other recreational facility within the Village under the jurisdiction of the Village Board of Trustees.
All recreational facilities shall be open between the hours of 7:00 a.m. to 9:00 p.m. except that the closing hour for Centre Park shall be 10:00 p.m., unless the Village has posted different hours at any location or closed any facility for the off-season. No person shall enter or remain in any park or recreational facility at any time other than those specified in this section, except for an activity for which a permit, in writing, has been granted by the Village.
No motor vehicle shall be operated in any park except to and from designated parking areas. No motor vehicles shall enter or remain in any park except during the hours and times provided for in § 104-4.
A. 
No person shall, within any park:
(1) 
Dump or deposit any ashes, garbage, waste, debris or litter or burn any substance other than at receptacles provided for such purposes.
(2) 
Trees and plants.
(a) 
Cut, injure, deface, alter, remove, tamper with, or destroy any shrub, tree or plant under the jurisdiction of the Village without permission of the Village. Violation of this subsection constitutes a misdemeanor punishable by not more than six months imprisonment or by a fine of not more than $15,000, or by both. For purposes of this subsection, "destroy" shall include, but not be limited to, kill, carve, prune, or inflict other physical damage to the tree.
(b) 
Deface, write upon, sever, mutilate, kill or remove from the ground any plants, flowers, shrubs or other vegetation under the jurisdiction of the Village without permission of the Village.
(c) 
Go upon or allow any animal or child in his or her custody to go upon any newly seeded lawn or grass plot.
(d) 
Go upon or allow any animal or child in his or her custody to go upon any area enclosed by a fence, temporary or permanent, where such fencing or signs posted thereon reasonably indicate that entry into such is forbidden.
(e) 
Possess any tools commonly used for gardening, or any plant, tree, shrub or other vegetation, in any park except where such possession is specifically designated to be permissible by the Village.
(f) 
Use a metal detector in any park.
(3) 
Injure, deface, alter, write upon, tamper with, destroy, abuse, or remove any property, whether real or personal, owned by the Village of Cobleskill, under the jurisdiction of, or maintained by the Village or any entity associated with the Village, in a manner that causes significant damage or expense. Significant damage or expense includes, but is not limited to, damage that will require the replacement of a Village attachment, fixture, piece of equipment, or structure; major landscaping or planting; construction; or excavation. Violation of this subsection constitutes a misdemeanor punishable by not more than six months imprisonment or by a fine of not more than $15,000, or by both.
(4) 
Dangerous items.
(a) 
Possess, bring into or have in his or her possession in any park, any firearms, slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound, or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, or discharge any firearm or weapon capable of emitting a projectile, propelling missiles, exploding or decomposing to produce flames, combustion, noise, or noxious or dangerous odors. Violation of this subsection constitutes a misdemeanor.
(b) 
Subsection A(3)(a) of this subsection shall not apply to: a sworn member of the uniformed force of the Police Department, whether on or off-duty; persons in the military or other service of the United States who are in pursuit of official duty or duly authorized by federal law, regulation, or order to possess the relevant firearm or other item; persons in the military service of the state of New York when on duty and duly authorized by applicable regulations to possess the relevant firearm or other item; police officers as defined by Subdivision 34 of § 1.20 of the Criminal Procedure Law, if not otherwise specified by this subsection, when on duty; or peace officers as defined by § 2.10 of the Criminal Procedure Law, when on duty.
(5) 
Littering; unattended items; glass.
(a) 
No person shall litter in any park. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any park receptacle.
(b) 
No person shall throw, drop, allow to fall, discharge into or leave in, or otherwise introduce into parks waters any substance, liquid or solid, gas, or other item which may or will result in the pollution of said waters. Violation of this subsection constitutes a misdemeanor.
(c) 
No person shall, within or adjacent to any park, store or leave unattended personal belongings.
(6) 
Possess glass bottles or other glass containers in parks. The Village may, in its discretion, designate certain parks, or portions thereof, as areas wherein glass bottles or other glass containers will be permitted. Failure to comply with such prohibition on glass bottles or containers shall constitute a violation of these rules. This subsection shall not apply to glass bottles or containers used in the care and feeding of infant children.
(7) 
Aerial crafts.
(a) 
No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, hot air balloon, parachute, hang glider, or other aerial craft or device that endangers any person or property, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. Violation of this subsection constitutes a misdemeanor.
(b) 
No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, hot air balloon, parachute, hang glider, or other aerial craft or device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters.
(c) 
For the purposes of this Subsection A(7), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.
(8) 
Animals.
(a) 
Except pursuant to a permit for trapping issued by the Village, molest, chase, harass, injure, wound, trap, hunt, shoot, throw missiles at, kill or remove any animal, any nest, or the eggs of any amphibian, reptile or bird, or otherwise harm or intentionally take actions that could reasonably harm any animal, nest, or such eggs. Further, no person shall knowingly buy, receive, have in his or her possession, sell or give away any such animal or egg taken from or killed within the jurisdiction of the Village. Violation of this subsection constitutes a misdemeanor.
(b) 
Feed animals in any park except unconfined squirrels and birds, and where specifically authorized by the Village. The Village may also designate certain areas where all feeding of animals is prohibited. It shall be a violation of these rules to feed animals in any area where such feeding is prohibited.
B. 
The possession or drinking of any alcoholic beverages is subject to the provisions of Chapter 48, Alcoholic Beverages, Article I, regulating open containers on public lands.
C. 
The use of tobacco products, vaporizer devices, marijuana, marijuana byproducts, and electronic aerosol delivery systems shall be prohibited within all Village-owned parks and outdoor recreation areas. For purposes of this section, "Village-owned parks" shall further include all parks or outdoor recreation areas owned or operated by the Village of Cobleskill.
D. 
Animal control.
(1) 
No person owning, possessing or controlling any animal shall cause or allow such animal to be unleashed or unrestrained in any park unless permitted by the Village or authorized by law. No person owning, possessing or controlling any animal shall cause or allow such animal to be out of control in any park under any circumstances. Animals that are out of control may be seized and impounded. Violation of this subsection constitutes a misdemeanor.
(2) 
Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and Village of Cobleskill and restrained by a leash or other restraint not exceeding six feet in length, may be brought into a park, except in no event shall dogs or other animals be allowed to enter any playground, swimming pool and swimming pool facility, bathing area (unless otherwise permitted by the Village), fountain, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Village. Nothing in this subsection shall be construed to prohibit persons with disabilities from bringing service animals into areas under the Department's jurisdiction as authorized by federal, state, or village law.
E. 
No person shall allow any dog in his custody or control to discharge any fecal matter in any park unless he promptly removes and disposes of same.
F. 
No person shall urinate or defecate in any park, or in or upon any park building, monument or structure, except in a facility which is specifically designed for such purpose.
G. 
No person shall engage in disorderly behavior in a park. Disorderly behavior includes violating the following rules:
(1) 
No person, unless authorized to do so, shall knowingly enter or remain in a building or other structure, or upon real property, which is fenced, barricaded or otherwise enclosed in a manner designed to exclude or otherwise discourage entrance by any unauthorized individual, or shall enter or leave the jurisdiction of the Village except by designated entrance ways or exits. Violation of this subsection constitutes a misdemeanor.
(2) 
No person shall climb upon any wall, fence, shelter, tree, shrub, fountain or other vegetation, or any structure or statue not specifically intended for climbing purposes.
(3) 
No person shall climb upon any statue or artwork not specifically intended for climbing purposes in a manner that damages or could reasonably damage such statue or artwork. Violation of this subsection constitutes a misdemeanor.
(4) 
No person shall gain or attempt to gain admittance to Department facilities or structures for the use of which charge is made without paying such charge. Violation of this subsection constitutes a misdemeanor.
(5) 
No person shall engage in any form of gambling or game of chance for money.
(6) 
Park roads.
(a) 
No person shall render dangerous any part of a park road. Violation of this subsection constitutes a misdemeanor.
(b) 
No person shall render dangerous any part of a park.
(c) 
No person shall obstruct vehicular or pedestrian traffic.
(7) 
No person shall engage in fighting or shall assault any person.
(8) 
No person shall engage in any form of sexual activity.
(9) 
No person shall engage in a course of conduct or commit acts that endanger the safety of others.
(10) 
No person shall operate a bicycle, motor vehicle, or similar vehicle in a manner that endangers any other person or property. Violation of this subsection constitutes a misdemeanor.
H. 
No person shall appear in public in such a manner that one's genitalia are unclothed or exposed. Violation of this subsection constitutes a misdemeanor.
I. 
No person shall use a bench or other sitting area so as to interfere with its use by other persons, including storing any materials thereon.
J. 
No person shall engage in camping, or erect or maintain a tent, shelter, or camp in any park without a permit.
K. 
It shall be unlawful for any person to spit or expectorate in or upon any park building, monument or structure.
L. 
No person shall use, or permit any animal under his or her control to use, any fountain, drinking fountain, pool, sprinklers, reservoir, lake or any other water contained in the park for the purpose of washing or cleaning himself or herself, his or her clothing or other personal belongings. This subsection shall not apply to those areas within the parks which are specifically designated for personal hygiene purposes (i.e., bathroom, shower room, etc.); provided, however, that no person shall wash his or her clothes or personal belongings in such areas.
M. 
Commercial activity; solicitation; advertisements; alterations.
(1) 
No person shall engage in any commercial activity or commercial speech in any park, except pursuant to a permit issued by the Village. Violation of this subsection constitutes a misdemeanor.
(2) 
No person shall solicit money or other property from persons not known to such person in any park, unless such person possesses a permit for noncommercial solicitation issued by the Village.
(3) 
No person shall place advertisements (personal, political, religious, commercial or other) without express written permission from the Village Board.
(4) 
No person shall perform maintenance or repair, alter or adorn any landscape, structures or fixtures of any sort, on Village property, without express written permission from the Village Board.
Violation of any paragraph or subsection of this section shall subject the violator to a civil penalty, as specified in the Department's penalty schedule. In addition, except as otherwise provided below, such violation shall also constitute an offense (classified as a "violation" under the Penal Law), which can be punished by a fine of not more than $250. As specified in this section, certain violations of specified paragraphs or subsection of this section are classified by the Administrative Code as misdemeanors. Except as otherwise provided in this section, a misdemeanor can be punished by a fine of not more than $1,000. Note that other laws, including but not limited to the Penal Law, may also apply to the conduct described below. Any person found guilty thereof may be liable as set forth in Chapter 1, General Provisions, Article II, General Penalty, for each such violation.
This chapter does not apply to law enforcement officials while engaged in the performance of their duties.