[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 72 of the 1974
Code. Amendments noted where applicable.]
[Amended 11-3-1976 by L.L. No. 10-1976; 3-16-2010 by L.L. No. 1-2010]
A.
The use of pools, parks, lakes and immediate adjacent
areas under the control of the Clarkstown Parks Board and Recreation
Commission shall be deemed a privilege and shall be opened solely
and exclusively to the residents of the Town of Clarkstown and their
guests. Residents of the Town of Clarkstown shall be required to exhibit
identification as may be required by the Superintendent of Recreation
and Parks and/or the Clarkstown Parks Board and Recreation Commission,
and no nonresident guests may enter the facilities or areas of the
Clarkstown Parks Board and Recreation Commission unless accompanied
by an adult resident of the Town of Clarkstown bearing proper identification.
B.
The use of the property known as the "Charles B. Davenport
Preserve" is not restricted solely to residents of the Town of Clarkstown.
No person shall injure, deface, disturb, befoul
or in any manner destroy or cause to be destroyed any part of any
park or any facility, building, sign, structure, equipment, utility
or other property found therein. No person shall dig for, remove,
injure or destroy any tree, flower, shrub, plant or growing thing,
or any rock, mineral, artifact or other material within the boundaries
of any park. No person shall kill, trap, hunt, pursue or in any manner
disturb or cause to be disturbed any wild bird or animal within the
boundaries of any park.
[Amended 3-16-2010 by L.L. No. 1-2010]
No person shall deposit or abandon in any park,
park driveway or parking lot, or in the waters in any such park or
adjacent to any such park, any garbage, sewage, refuse, trash, waste
or other obnoxious material, except in receptacles provided for such
purposes.
No person shall kindle, build, maintain or in
any way use a fire except in fireplaces provided, or in self-supporting
barbecue grills or stoves in places designated as picnic areas, or
by special permit. Any fire shall be continuously under the care and
direction of a competent person over 18 years of age, from the time
it is kindled until it is extinguished, and no fire shall be built
within 10 feet of any tree or building or beneath the branches of
any tree or in any underbrush.
No person shall have in his possession within
the boundaries of any park any alcoholic beverages.
[Amended 5-23-1995 by L.L. No. 7-1995; 5-15-2018 by L.L. No. 6-2018; 10-6-2020 by L.L. No. 3-2020]
No dogs or other pets shall be permitted in
any area of any park unless they are in an area in the dog park at
the Congers Lake Memorial Town Park that has been designated for dogs,
except animals used by disabled individuals to assist that individual
in performing one or more major life activities. "Major life activities"
are defined as functions such as caring for oneself, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and
working. Dog park rules and regulations are posted at the dog park.
There shall be a limit of one dog per dog handler inside the dog park.
No person shall have in his possession or control
any rifle, shotgun, pistol or other firearm, slingshot, pellet gun,
air rifle, fireworks, explosives, knife, bludgeon or other dangerous
weapons within the boundaries of any park, provided that this rule
shall not apply to any law enforcement officer who has been duly appointed
by the government of the United States, the State of New York or the
Town of Clarkstown.
[Amended 3-16-2010 by L.L. No. 1-2010]
No person shall loiter or remain in any park
except from dawn to one hour after sunset on each and every day without
special permission from the Superintendent of Recreation and Parks.
A.
Swimming, bathing and wading are permitted only in
those areas and buildings designated for that purpose by the Superintendent
of Recreation and Parks and/or the Parks Board and Recreation Commission.
B.
No swimmer or bather shall enter the water or any
adjacent bathing area unless clothed in a suitable bathing dress or
suit.
C.
No person shall swim, dive or enter the water of any
swimming pool or bathing beach while wearing or carrying air or gas
tanks for the purpose of underwater breathing in the activity commonly
known as "skin or scuba diving."
Picnicking is permitted only in designated areas.
Camping shall not be permitted in any area without
first obtaining a permit to use recreation facilities and areas from
the Superintendent of Recreation and Parks.
Boating shall be permitted only in designated
areas. No person shall land a boat of any kind on any park shore,
except at designated landing places or in case of emergency. Boating
in any bathing area is forbidden. No person shall operate any kind
of boat upon any waters under the jurisdiction of the Clarkstown Parks
Board and Recreation Commission unless he is able to control his boat
so that his passengers and the life, limb, property and reasonable
comfort of others are not endangered or disturbed.
A.
The maximum speed limit for all vehicles shall be
25 miles an hour, except where otherwise posted. Motor vehicles will
be driven only on designated park roads and parked only in designated
parking spaces.
B.
Driving instruction of persons operating motor vehicles,
motorcycles or minibikes, either under a New York State learner's
permit or otherwise, shall be prohibited in all parks.
No person shall operate or have in his possession
within the boundaries of any park any off-the-road motor-driven vehicle,
including, by way of example but not by way of limitation, any minibike,
motorcycle, dunemobile, snowmobile, converted snowmobile, all-terrain
vehicle, amphibious vehicle or similar motorized device.
No person shall, by way of example but not by
way of limitation, fish, engage in athletic sports, games or contests,
fly kites, ride a horse, operate toy planes, whether radio-controlled
or hand-operated, roller skate, ride a bicycle, ice skate or sled
within the area or boundaries of any park, except in areas specifically
designated for each such activity.
No field day, carnival, concert, address, rally,
dramatic presentation or the like at which more than 25 persons are
in attendance, hereafter called "large group events," shall be held
or conducted in any park owned by the Town of Clarkstown unless a
permit for such event has first been granted by the Superintendent
of Recreation and Parks and/or the Parks Board and Recreation Commission.
Permits for large group events will be granted on the following conditions:
A.
Written application for a large group event permit
must be made through and filed with the office of the Superintendent
of Recreation and Parks and/or the Parks Board and Recreation Commission
at least two weeks in advance of the event, indicating its time of
duration and the approximate number of persons expected to be in attendance.
B.
Permits for large group events will be granted as
conditions of park usage and availability of park facilities warrant.
C.
Every large group event permit will designate the
time and park area at which the planned event is to be held and will
state the approximate number of participants in the event, together
with other conditions, if any, upon which the permit is granted. Considerations
relating to the size of the expected group and the chances of unduly
disturbing other park occupants will determine whether sound amplification
equipment may be used in connection with the event and the maximum
volume levels at which any such equipment may be operated.
D.
Each applicant for a large group event permit agrees
that the applicant and all persons involved in the presentation of
the event will observe the terms and conditions of the permit, when
issued, and will comply with requests of park officials concerning
traffic, arrangements, alcoholic beverages, noise, crowd control measures
and the use of park facilities.
Any application for a permit to use the recreation
facilities and areas required herein shall be made, in writing, at
the office of the Superintendent of Recreation and Parks and/or the
Parks Board and Recreation Commission, with a proper fee, if required,
at least two weeks before the proposed use. The granting of a permit
to use recreation facilities and areas shall be in the sole discretion
of the Superintendent of Recreation and Parks and/or the Parks Board
and Recreation Commission, in accordance with established policies
of the Parks Board and Recreation Commission, and shall be made, where
possible, within one week after receipt of written application.
[Amended 3-16-2010 by L.L. No. 1-2010]
A person shall not use park property for business
or professional purposes involving the sale of any goods, the rendering
of any service for a fee, the soliciting of alms or contributions
or any other sales, marketing or related activity unless authorized
to do so by the Parks Board and Recreation Commission or the Superintendent
of Recreation and Parks.
No person shall post, distribute, cast or leave
about any bills, placards, tickets, handbills, circulars, advertisements
in any form or any other matter for advertising purposes, directly
in or in the immediate vicinity of any park, unless duly authorized
by the Parks Board and Recreation Commission or the Superintendent
of Recreation and Parks.
The Town will not be responsible for loss, damage
or theft of personal property brought into any park unless such property
is received by authorized Town personnel at designated facilities
provided for that purpose. Upon delivery of said personal property
to a duly authorized Town employee, the bailor shall receive a receipt
therefor which shall be surrendered upon return of the property. The
Town's liability upon such a bailment shall not exceed the sum of
$150.
[Amended 3-16-2010 by L.L. No. 1-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any
provision of this chapter will be subject to the loss of park privileges
herein granted and the following monetary fines:
A.
First
offense: Any person found guilty of a violation of any provision of
this chapter shall be punished by a fine up to $1,000;
B.
Second
offense: Any person found guilty of a second offense of any provision
of this chapter within 18 months of the date of the first conviction
shall be punished by a fine of not less than $2,500 and not more than
$5,000;
C.
Third
offense: Any person found guilty of a third offense of any provision
of this chapter within 18 months of the date of the second conviction
shall be punished by a fine of not less than $5,000 and not more than
$7,500.
D.
Each day
such violation shall continue shall be considered a separate violation.
[Added 3-16-2010 by L.L.
No. 1-2010; amended 10-6-2020 by L.L. No. 3-2020]
Enforcement of this chapter is hereby delegated to the Superintendent
of Recreation and Parks, the Superintendent's designee(s), the Clarkstown
Police Department, and Code Enforcement personnel of the Town of Clarkstown.
