[HISTORY: Adopted by the Town Board of the Town of Carmel 3-1-1989. Amendments noted where applicable.]
The purpose of this chapter is to establish rules and regulations for park districts in the Town of Carmel.
It is the intent and purpose of this chapter to protect the health, safety and welfare of those engaged in recreational pursuits, as it applies to the use of parklands in the park districts of the Town of Carmel.
The following terms, wherever used in this chapter, shall have the respective meanings assigned to them unless another meaning clearly appears from the context:
- BATHING AREA
- Any beach, shore or area designated as a "bathing area," including the water area and lands underwater adjacent to said area and the docks and structures therein.
- Any person owning or having the use, possession or control of a vehicle, animal or other property by lease or otherwise.
- PARK DISTRICT
- A park district duly formed by the Town of Carmel.
- All of the parks, playgrounds, athletic fields, tennis courts, swimming pools, beaches, boardwalks, piers, docks and other recreational areas, open places, roadways, roads, paths, walks, waters and land underwater owned or leased by the Town of Carmel within the geographic boundaries of a park district.
- Any written authorization issued by the Town Clerk of the Town of Carmel or other authorized individual for a specified privilege within a park district.
- POLICE OFFICER
- Any member of the police force of the Town of Carmel or any constable, sheriff or deputy sheriff assigned by the Town Board of the Town of Carmel or other proper authority to duties in a park district.
Property owners in each park district, members of their immediate family and their guests and invitees shall have access to and may enter upon and use the parklands within their respective park district. However, at such times when deemed necessary by the proper authorities, in the interests of public safety, welfare or emergency, such access to said parklands and permission to use said parklands may be revoked for any period of time necessary.
Use of all parklands shall be limited to the hours between sunrise and sunset unless special permission is granted by the Town Board or said use is for an activity sponsored by the Town.
All property owners, members of their immediate families and their guests and invitees shall be required to provide proper and sufficient identification proving they are authorized users of a park district's parklands when requested by any authorized police officer, representative of the Town Board or by any person assigned to such duty by the Town Board.
Where boating facilities are available in a park district, all boats shall be registered in accordance with applicable New York State law and local laws and ordinances of the Town of Carmel.
Use of all bathing areas in a park district should be prohibited except when a lifeguard is on duty. When a lifeguard is on duty, use is permitted only in accordance with the rules and regulations posted at the particular bathing area.
The use of alcoholic beverages in and on parklands is prohibited unless a permit for the use of the same has been granted by the Town Board.
Hunting and carrying of firearms on all parklands is prohibited, except for the carrying of firearms by police officers of the State of New York.
No dogs shall be allowed at any time on the parklands. The owners of or persons harboring such dogs or otherwise responsible for such dogs shall be liable for violation of this provision of this chapter.
No picnics, outings or gatherings shall be permitted at any time upon parklands except in designated picnic areas or by written permission of the Town Board.
Behavior which causes public inconvenience, annoyance or results in restricting the enjoyment of such recreational facilities or restricts the enjoyment of recreation activities is prohibited.
The following is a list of such behavior:
Disobeying an order of a police officer or other supervisory persons designated by the Town Board or disobeying the notices, prohibitions, instructions, directions or rules and regulations on any park sign.
Using threatening, abusive or insulting language.
Doing any obscene or indecent act.
Throwing stones or other missiles.
Soliciting subscriptions or contributions for any purpose.
Interfering with, encumbering, obstructing or rendering dangerous any drive, path, walk, dock, bathing area, boardwalk or public place.
Climbing or lying upon any wall, fence, shelter, seat, statute, monument, boardwalk or other structure.
Entering or leaving any parklands except at established entrances or exits or at established times.
Carrying or firing firecrackers, torpedoes or fireworks, except by permit of the Town Board.
Engaging in, instigating, aiding or encouraging a contention or fight.
Doing, aiding, abetting or assisting in doing any act injurious to any person, animal or property within any parklands or on any park street.
Dressing or undressing in autos, trucks, buses or other conveyances anywhere in or on parklands except in such places as may be designated or maintained by the park district for such purposes.
Intentionally destroying, cutting, breaking, defacing, mutilating, injuring, disturbing, severing from the ground or removing any growing thing, including but not limited to any plant, flower, flower bed, shrub, tree, growth or any branch, stem, fruit or leaf thereof.
Leaving, throwing, casting, laying, dropping or discharging any glass, plastic, metal or paper product in, on or about any parklands.
The speed limit for all vehicles within the parklands of a park district may be provided for by the Town Board and designated by suitable signs on the roads and roadways in said district. All owners and operators of motor vehicles and other vehicles shall comply with the Vehicle and Traffic Law of the State of New York while operating any vehicle in or on parklands, subject to any modifications of said law as provided for herein.
Commercial vehicles shall not be allowed in or on said parklands except as may be necessary for building or construction purposes or for the rendering of some necessary and useful service. The Town Board may designate and limit such roads and roadways as, in its discretion, may be used for the operation of any commercial vehicle.
Nothing in this section shall apply to vehicles and apparatus of the Fire Department, Police Department or public service emergency vehicles in case of fire or other emergency.
No persons shall cause or permit any motor vehicle or other vehicle unnecessarily to obstruct traffic on any road, street or roadway, in or on any parklands or to stop or park in or on any parklands except at such places as may be designated, except in case of emergency.
Any person found guilty of a violation of this chapter or any part thereof or any rule or regulation made hereunder shall, upon conviction thereof, be subject to a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
Any requirement or provision involving any act shall include the causing, procuring, aiding or abetting directly or indirectly, of such act, or the permission or allowance of any minor, in the custody of any adult, to do any act prohibited herein.