[HISTORY: Adopted by the Council of the City
of New Rochelle by Ch. 3 of the 1965 General Ordinances. Amendments
noted where applicable.]
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall modify, alter or in any manner
interfere with the line or grades of any park or park street, nor
take up, move or disturb any curb, gutter stone, flagging, tree, tree
box, railing, fence, sod, soil or gravel thereof, except by direction
of the Commissioner of Parks and Recreation or under the Commissioner's
permit.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall attach or string any electric
or other wires, or adjust or carry the same into or over any park
or park street, except under a permit from the Commissioner of Parks
and Recreation.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall go upon any lawn or grass plot
in any park or parkway where prohibited by any special order of the
Commissioner of Parks and Recreation, which prohibition shall be indicated
by proper signs.
No person shall throw, cast or lay, or direct,
suffer or permit any servant, agent, employee or person in his or
her charge to throw, cast or lay, any ashes, offal, vegetables, garbage,
dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish
of any kind whatsoever in any park, or in any lake, lawn, path, walk,
road or drive thereof, or in any park street; nor shall any person
at any time sweep any of the aforementioned rubbish or refuse from
the sidewalk into the gutter. All such sweepings shall be picked up
and placed into a proper receptacle therefor.
[Added 5-18-2021 by Ord. No. 2021-62]
No person shall smoke, chew tobacco or engage in vaping of any
kind within the public parks, beaches, pools, playgrounds and athletic
facilities.
[1]
Editor's Note: Former § 224-5, Public
meetings, was repealed 3-16-2004 by Ord. No. 60-2004.
[Amended 7-14-1969 by Ord. No. 189-1969; 9-21-1982 by Ord. No. 194-1982; 5-17-1983 by Ord. No. 117-1983]
No person shall drink alcoholic beverages of
any kind in any of the public parks, playgrounds or ball fields of
the city, nor shall any person carry or possess any open container
in any such place with the intent of the carrier or possessor to consume
the beverage or for another to do so. This section shall not be applicable
to any person or persons attending a picnic, gathering or any other
affair in any public park, playground or ball field of the City for
which a permit has been duly issued.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004; 10-21-2004 by Ord. No. 219-2004]
No person shall expose any article, food, or beverages for sale or exhibition, nor perform any personal service for hire, in any park or parkway except under a permit to be issued by the Commissioner of Parks and Recreation. Such permit shall set forth the term, location, hours of operation, and fee for such permit, together with such other terms and conditions as shall be established by the Commissioner of Parks and Recreation. An itinerant vendor as defined under § 235-1 of the City Code may not obtain a permit under this § 224-7 without first having obtained a license as an itinerant vendor under Chapter 235 of the City Code.
[Amended 9-21-1999 by Ord. No. 229-1999; 11-20-2007 by Ord. No. 259-2007]
No person or entity shall post any bill, placard,
notice or other paper upon any structure, tree, rock, article or thing
within any park or upon any park street, nor paint nor affix thereon
in any other way any advertisement or notice, except for signs placed
on the inside of fences at City athletic facilities during sports
seasons, which signs recognize contributions from sponsors of such
athletic activities and which have been approved by the Commissioner
of Parks and Recreation. Such signs shall not be affixed to such fences
more than 10 days prior to the start of the sports season to which
they pertain and shall be removed not more than 10 days following
the end of such season. No person or entity shall distribute, hand
out or cast about any card, circular, pamphlet or other printed matter
within any park or upon any park street.
[Amended 7-15-1968 by Ord. No. 211-1968; 1-16-2007 by Ord. No. 21-2007]
A.
A person who owns, possesses, or controls a dog that
has a current New York State Dog License attached to its collar shall
be permitted to be in any public park, provided the dog is effectively
restrained by a leash not more than six feet long, except that dogs
are not permitted at any time in public playground/picnic areas, tennis
courts, athletic fields, swimming pool facilities, and beaches.
[Amended 5-18-2021 by Ord. No. 2021-62]
B.
No person being the owner or having the custody and
control of a dog shall allow or permit such dog to go and/or remain
in Ward Acres Park except in full compliance with the following requirements:
(1)
No person being the owner or having the custody and
control of a leashed or unleashed dog shall allow or permit such dog
to go and/or to remain in Ward Acres Park without such person being
in possession of a current New York State license issued to the owner
of such dog (“State Dog License”) and without such dog
having a tag for such State Dog License attached to its collar.
(2)
No person, being the owner or having the custody and control of a leashed or unleashed dog, shall allow or permit such dog to go and/or to remain in the designated fenced-in dog run area in Ward Acres Park without such person being in possession of a current Ward Acres dog permit for such dog, issued to the owner of such dog by the City ("Ward Acres dog permit"), the annual fee for such Ward Acres Dog Permit being set forth in Chapter 133, Fees, of the City Code.
[Amended 12-9-2008 by Ord. No. 223-2008]
(3)
No person being the owner or having the custody and
control of a leashed or unleashed dog shall allow or permit such dog
to go and/or to remain in Ward Acres Park without such person being
in possession of a current rabies vaccination certificate for such
dog.
(4)
No person being the owner or having the custody and
control of a leashed or unleashed dog shall allow or permit such dog
to go and/or to remain in Ward Acres Park at the same time as more
than three other dogs which are also owned or under the custody and
control of such person.
(5)
No person being the owner or having the custody and
control of a leashed or unleashed dog shall allow or permit the feces
of such dog to remain in Ward Acres Park.
(6)
No person being the owner or having the custody and
control of a leashed or unleashed dog shall allow or permit such dog
to go and/or to remain in Ward Acres Park between dusk and dawn.
(7)
No person being the owner or having the custody and
control of a dog shall allow or permit such dog to be unleashed outside
the designed fenced-in dog run area in Ward Acres Park. In all areas
of Ward Acres Park outside the designated fenced-in dog run area,
dogs shall be restrained by a chain or leash not exceeding six feet
in length.
[Amended 12-11-2007 by Ord. No. 290-2007[1]]
[1]
Editor's Note: This ordinance provided that
this amendment shall take effect 4-1-2008.
(8)
Ward Acres dog permit holders must fully comply with the City's Dog
Park Rules and Regulations at all times. Those rules and regulations
are kept on file with the Department of Parks and Recreation.
[Added 3-19-2019 by Ord.
No. 2019-54]
C.
Ward Acres dog permit holders are subject to the procedures of § 188-5 of the New Rochelle City Code regarding suspension, revocation, and investigation.
[Added 3-19-2019 by Ord.
No. 2019-54]
(1)
Upon receipt of a written complaint that alleges that a dog has attacked, has bitten another person or dog, is dangerous or aggressive, or that the person being the owner or having custody and control of a dog is violating park rules and regulations, the Commissioner of Parks and Recreation, or his/her designee, shall send notice to the permit holder suspending the specific dog or dogs in question or suspending the dog park permit, preventing use of the dog park until after a hearing upon notice to the permit holder. Upon receipt of the notice of suspension, the permit holder shall have 10 calendar days to submit to the Commissioner a written request for a hearing to appeal the suspension. If a timely request for a hearing is made by the permit holder, then the Commissioner shall follow the procedures in § 188-5 and shall schedule a hearing. If such dog permit holder fails to timely request a hearing, then such dog park permit shall be suspended or revoked as indicated in the notice.
(2)
After a hearing in accordance with § 188-5, the Commissioner may suspend or revoke the permit for the individual dog in question, or an individual permit issued to a permit holder, or all dog park permits issued to the individual if, in the discretion of the Commissioner, the circumstances so justify. The Commissioner may also make determinations or recommendations regarding any future application for a dog park permit by the individual.
(3)
A permit holder whose permit has been suspended may not reapply for
a period of 90 days, except that upon a third violation of this chapter,
all Ward Acres dog park permits issued to the individual will be revoked.
(4)
Revoked or suspended permits are not eligible for refunds.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall prevent, delay or interfere
with the Department of Parks and Recreation or its employees in planting,
pruning, spraying or removal of a tree in a park or on a park street,
or in the removal of a stone, cement or other substance about the
trunk of a tree.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No vehicle for hire shall stand within a park,
parkway or park street for the purpose of taking up passengers for
hire over or upon any park or parkway, except upon traffic roads,
without a permit from the Commissioner of Parks and Recreation.
[Amended 3-16-2004 by Ord. No. 60-2004]
No garbage, ashes, manure or other offensive
material shall be carried over any parkway or through any park, except
upon traffic roads set apart for the purpose. When such refuse is
to be removed from residences fronting on any park or park street,
the vehicle collecting the same must leave the park or street as soon
as the collection has been accomplished, and within the time prescribed
by the Commissioner of Parks and Recreation. No earth, sand or broken
stone shall be carried over any parkway, except on traffic roads,
without a permit from the Commissioner of Parks and Recreation.
No person shall ride a bicycle upon the footpaths
of any park or parkways. Bicyclists walking upon a footpath may push
their wheels along the path, but in no case shall the machine be taken
upon the turf.
[Amended 10-18-1988 by L.L. No. 1-1988; 3-16-2004 by Ord. No. 60-2004]
No person shall swim or bathe in or from any
public park of the City or in any City-owned lake, except that swimming
or bathing shall be permitted in or from Hudson Park in accordance
with the regulations of the Commissioner of Parks and Recreation and
the payment of fees prescribed by the City Council.
No person shall jump or dive from the pier adjoining
the easterly bathing beach in Hudson Park or from the railing or fences
appurtenant to said pier or from any dock, pier, rock or rocks in
any other public park into the waters adjacent to the same, and no
person shall jump or dive into any city-owned lake.
[Amended 8-18-1965 by Ord. No. 341-1965; 8-3-1970 by Ord. No. 215-1970; 8-13-1973 by Ord. No. 240-1973; 11-28-1973 by Ord. No. 321-1973; 12-15-1981 by Ord. No. 353-1981; 11-19-1991 by Ord. No. 252-1991; 4-25-1995 by Ord. No. 105-1995]
All public parks and public lands within the
City of New Rochelle shall be closed at dark until 6:00 a.m., and
no person shall bathe from or remain on the beach or any other part
of any park or loiter about any part of any public park or public
parklands within the City of New Rochelle during said hours. However,
said closing time shall be extended for city- and/or league-sponsored
activities which have been granted proper permission to utilize said
public parklands beyond such hours. In such instance, said public
park or parkland shall close 1/2 hour after the City and/or league
activity is completed. Public parks and public parklands as herein
referred to shall include all land within the City of New Rochelle
set aside for use by the public for park purposes or for active or
passive recreational use.
[Added 6-20-2006 by Ord. No. 161-2006]
The Commissioner of Parks and Recreation is
authorized to adopt rules and regulations as he or she may deem necessary,
subject to the approval of the City Manager, for the proper use of
City parks and recreational facilities. No person or entity shall
violate such rules and regulations adopted by the Commissioner of
Parks and Recreation.
[1]
Editor's Note: Former § 224-17,
Use of Hudson Park, was repealed 3-16-2004 by Ord. No. 60-2004.
[1]
Editor's Note: Former § 224-18,
Use of Davenport Park, was repealed 3-16-2004 by Ord. No. 60-2004.
[2]
Editor's Note: Former §§ 3-19.01,
Parking; 3-19.02, Parking - Cameron Pier and Sharkey Horseshoe Pitching
Court; and 3-19.03, Parking - Weight limit, which immediately followed
this section were deleted 10-18-1988 by L.L. No. 1-1988..
A.
The use of public piers, docks, floats, breakwaters or beaches in
the waters surrounding the City of New Rochelle for saltwater fishing
shall be limited to residents of New Rochelle holding a resident fishing
permit. Such permit shall be issued by the Department of Parks and
Recreation, upon the presentation of satisfactory evidence of residence
within the City of New Rochelle. Such identification shall consist
of automobile registration, operator's license, chauffeur's license
or any other document sufficient to identify the applicant and to
prove his residence in the City of New Rochelle.[1]
[1]
Editor's Note: Amended during codification.
B.
All permits issued shall remain in effect until revoked
and shall not be transferable under penalty of forfeiture.
C.
Every permit holder shall exhibit his permit upon
request by any police officer, harbor patrol officer, City official
or employee designated by the issuing officer.
D.
Fishing from the sun pier at Hudson Park and from
any public beach within the City of New Rochelle shall be prohibited
from May 1 through September 30, inclusive.
[Amended 10-7-1975 by Ord. No. 274-1975; 11-19-1991 by Ord. No. 253-1991]
E.
Fishing from any pier, dock, seawall or float in the
Municipal Marina or from any portion of Davenport Park shall be prohibited
at all times.
F.
No person shall cast any type of fishing line or gear
into or across any federal channel in such a manner as to interfere
with the passage of boat traffic in the federal channel or to endanger
the safety of boat traffic and persons aboard boats using the federal
channel or the safety of persons using the public dock and parking
area adjacent thereto.
G.
No person shall clean fish on any public pier, dock,
breakwater or beach, nor shall any person deposit refuse or debris
of any kind or nature thereon, nor shall any person deposit refuse
or debris of any kind or nature into the waters adjoining the same.
H.
Persons fishing from city-owned waterfront facilities
do so at their own risk, and the City of New Rochelle shall not be
held liable for accident or injury to persons or property arising
from such fishing from city-owned facilities.
[Added 6-20-2000 by Ord. No. 110-2000; amended 3-16-2004 by Ord. No. 60-2004]
No person shall launch any type of watercraft
from any park except where designated by the Commissioner of Parks
and Recreation.
