Town of New Windsor, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Windsor 7-8-1987 by L.L. No. 5-1987 (Ch. 29B of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 88.
Amusements — See Ch. 92.
Animals — See Ch. 96.
Fireworks — See Ch. 147.
Littering — See Ch. 185.
Peddling and soliciting — See Ch. 217.
Solid waste — See Ch. 246.
This chapter is enacted to provide for the protection, care and control of public parks and recreation areas in the Town and to regulate the conduct of persons using such facilities.
As used in this chapter, the following terms shall have the meanings indicated:
PARK
Includes all public parks, playgrounds, recreation areas and other facilities within the Town and under ownership of the Town or under the control and supervision of the Town Board.
SPECIAL EVENT
Any activity or event conducted, sponsored or organized by a group other than the Town Recreation Department.
A. 
The parks are for the enjoyment of Town of New Windsor residents and guests for any proper purpose, subject to the restrictions set forth in this chapter.
B. 
The use of parks by any person or persons shall be subject to the prior right of use by the Town Recreation Department while engaged in actual conduct of its recreational programs.
Permits shall be required for special events as follows:
A. 
The person or persons seeking issuance of such a permit shall file an application, in writing, signed by the applicant, with the Town Recreation Department stating:
(1) 
The name and address of the applicant.
(2) 
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
(3) 
The day and the hours for which the permit is desired.
(4) 
The park and portion thereof for which such permit is desired.
(5) 
A reliable estimate of the anticipated attendance.
(6) 
The type of activity for which such permit is desired.
(7) 
The anticipated age group of the expected participants.
(8) 
The names and addresses of the adult persons who would supervise and be responsible for the proposed activity.
(9) 
Such other information as may be reasonably required.
(10) 
That the applicant is aware of § 212-6 of this chapter and the rules of conduct in § 212-11 and has or will advise all members of the applicant's group of the provisions of said § 212-6 and advise the group of the rules of conduct.
B. 
Issuance of a permit shall be made by the Town Recreation Department based on the following criteria and may contain special conditions as appropriate:
(1) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(2) 
The nature and character of the proposed activity or use of the park is not reasonably anticipated to incite violence, crime or disorderly conduct.
(3) 
The proposed activity or use of the park will not entail extraordinary or burdensome expense of police operation by the Town.
(4) 
The park area or facility desired has not been reserved for other use at the date and hour desired in the application and it does not conflict with any other activity of the Town Recreation Department.
Any person aggrieved by the issuance or nonissuance of a permit may appeal the decision of the Town Recreation Department to the Town Board within 10 days from issuance of the permit or rejection of the application.
The person or persons to whom any permit is issued hereunder shall be fully liable for any and all loss, damage or injury sustained by any person whatever by reason of the willful misconduct or negligence of the person, persons or one of the group to whom such permit shall have been issued.
All persons obtaining a permit shall, in all respects, be required to observe the conditions of this chapter and any regulations promulgated pursuant hereto, as well as any special conditions contained in the permit.
A. 
Park hours. Except for emergencies or another special reason, the various parks in the Town shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein and in the Town Hall for public information and shall be determined, from time to time, by resolution of the Town Board. If no opening or closing hours are established and posted as herein provided, parks shall open at 8:00 a.m. and close at sunset, except those parks which are publicly lighted, which shall open at 8:00 a.m. and close 15 minutes after the lights go out.
B. 
Maintenance of parks shall be provided by the Town Recreation Department.
C. 
Any part or the whole of any park may be closed to the public at any time and for such interval of time as may be reasonably necessary in the public interest. Such closing shall be accomplished by the posting of signs containing the word "Closed" and such other information as may be reasonably required to inform the public.
A. 
The rules of conduct set forth in § 212-11 of this chapter shall regulate the conduct of persons, as individuals or members of a group or groups of persons, and govern their use of parks, playgrounds or recreational areas of the Town.
B. 
The Town Board may, by resolution, adopt special provisions of a temporary nature inconsistent with the rules of conduct as set forth in § 212-11 of this chapter or in addition thereto.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $250 for each offense or by imprisonment for a term not to exceed 15 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person or group of persons shall, while upon any Town park, playground or recreational facility:
A. 
Be in or use the same for any purpose during the hours that such facility is closed or when such facility or a part thereof is posted "Closed."
B. 
Damage, deface, injure, destroy, remove or interfere with any property of the Town, including plant life or wildlife.
C. 
Bring any domestic animal or animals into such facility or bring or ride a horse thereon.
D. 
Kindle, build or maintain a fire of any sort.
E. 
Picnic or bring foodstuffs into any area except such areas, if any, as may be clearly marked therefor by signs posted.
F. 
Bring or consume any alcoholic beverage or be thereon while intoxicated.
G. 
Bring in or dump upon, deposit or leave any bottles, broken glass, trash, garbage or other refuse, except in connection with the proper use of the property and placed in proper receptacles where provided for such matter, and, where receptacles are not provided, such matter shall be carried away by the person responsible for its presence and properly disposed of elsewhere.
H. 
Post or other place any sign, placard or advertisement whatever, unless authorized by proper authority.
I. 
Carry or possess firearms of any description, air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden. This section shall not apply to law enforcement officers.
J. 
Have in his possession or cause to be exploded or discharge any firecrackers, fireworks or similar thing.
K. 
Ride a bicycle on other than a paved vehicular road designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or trail or paved area reserved for pedestrian use.
L. 
Drive, operate, use or bring into any park any automobile, motorbike, minibike, moped, motorcycle or any other motor vehicle, except that properly licensed vehicles may be brought to designated parking areas, if any, using designated roads for that purpose.
M. 
Gamble or participate in any way in a game of chance or engage in wagering or participate in any game or sport for money or other valuable thing.
N. 
Bring golf clubs or similar equipment or use the same in any park facility.
O. 
Solicit contributions or support for any purpose, public or private.
P. 
Sell or offer to sell any article of merchandise or thing or display for sale any article or thing.
Q. 
Disturb or interfere unreasonably with any person or persons occupying any area or participating in any activity under authority of a permit.
R. 
Conduct himself in a disorderly or indecent manner or commit any indecent act or use profane, indecent or obscene language or gestures or interfere with or disturb any other person using or enjoying such facility.