[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan 2-6-1989 by L.L. No. 5-1989 (Ch. 53 of the 1969
Code). Amendments noted where applicable.]
[Amended 9-6-1993 by L.L. No. 4-1993; 1-20-2015 by L.L. No.
2-2015]
Under the authority of General Municipal Law § 241,
the following are designated for use as parks, playgrounds and community
centers:
A.
Parks. Red Jacket Park, Indian Pines Park, Keuka Street Boat Launch
Park, Lake Street Park, Mini Park on Main Street, Firemen's Field,
Angler Boat Park, Elm Street Sports Complex and Keuka Outlet Trail.
B.
Playgrounds. Hutton Street playground, men's slo-pitch field (Howard
Street), Elm Street Sports Complex and the Boat Launch.
C.
Hours.
[Amended 10-17-2023 by L.L. No. 15-2023]
(1)
Parks
and playgrounds are closed to the public from 1/2 hour after sunset
to 1/2 hour before sunrise each day with the following exceptions:
(a)
Participating in a sport or exercise activity in the immediate area
of an active lighting source specifically provided by the Village
for sport or exercise activity, provided that the participants and
spectators have left the park or playground within 30 minutes of the
termination of the sport or exercise activity;
(b)
A continuous walking, jogging or running activity in or through a
Village park or playground;
(c)
Participants in events sanctioned by the Village of Penn Yan, provided
that the participants have left the park or playground within 30 minutes
after the termination of the activity;
(d)
Individuals or groups in the boat launch area who are in the process
of launching boats, parking vehicles related to use of boats in the
launch areas and/or landing and trailering boats and/or exiting the
boat launch area subsequent to landing.
(2)
Any person loitering in or on a park or playground when the park or playground is closed will presumptively not be participating in the exceptions specified in Subsection C(1)(a) and (b) hereof. For purposes hereof, the term "loitering" shall mean standing, sitting or waiting around idly without apparent legitimate purpose related to permitted activities at the time of the individual's presence.
[Amended 1-20-2015 by L.L. No. 2-2015; 9-20-2022 by L.L. No. 11-2022]
Alcoholic beverages are not permitted in any community center,
playground or park, except under the following circumstances:
[Added 6-21-2022 by L.L. No. 8-2022]
No person shall smoke or vape any product in or on any Village-owned
parks, recreation areas, playgrounds, outdoor sporting facilities,
outdoor stages or parking lots for such facilities or any other Village-owned
property. For the purposes hereof "smoking" and "vaping" shall be
defined pursuant to the provisions of §§ 1399-n(8)
and 1399-aa(13) of the Public Health Law of the State of New York.
No person shall have, possess, carry or consume
any beverage in any container made in whole or in part of glass material
in or upon any Village park or playground.
No person shall take, attempt to take or kill,
injure or unnecessarily disturb any fish, waterfowl, birds or animals
within the confines of any Village park, except that fishing may be
allowed at the boat launching site and channel in areas designated
for such activity by the Village Board of Trustees within the Village
limits.
[Amended 1-20-2015 by L.L. No. 2-2015]
A.
No person shall bathe, wade or swim within a Village park except
at such areas as may be designated for that purpose by the Village.
B.
Beach hours shall be determined by the Recreation and Facilities
Director and posted accordingly.
C.
No person shall appear nude in public or dress or undress, other
than in facilities provided therefor; enter or remain in an area or
facility in such attire as may be prohibited by any sign; or bathe
in other than a bathing suit safe and suitable for such purpose.
D.
The use of life rafts, surfboards, inner tubes and other objects
intended to support persons is prohibited in park waters with the
exception of United States Coast Guard approved life vests for swimming
and children's swim aides used for instructional purposes under the
direct supervision of a responsible adult in the water with the child.
E.
Diving into park waters is prohibited except under supervised swimming
programs authorized by the Village of Penn Yan.
F.
Snorkels are prohibited with the exception of those used in accordance
with programs of the Department of Parks and Recreation.
G.
Animals, except for service animals, are prohibited in all swimming
areas and beaches.
H.
Bathing with soap is prohibited in park waters.
I.
Smoking and the consumption of beverages or foodstuffs within park
waters is prohibited,
J.
Persons with open wounds, sores and skin infections are not permitted
in park waters.
[Amended 1-20-2015 by L.L. No. 2-2015]
It shall be unlawful to operate, dock or anchor a marine vessel
within park boundaries or designated swim areas except at the Village
Boat Launch site. Marine vessels shall not be launched from Village
property, except at the Village boat launch site. Exempted from this
provision are the following which must be launched and used within
an area designated by the Parks and Recreation Committee, which area
shall not include designated swim areas.
A.
Vessels used in accordance with authorized recreation programs.
A.
No person shall disturb the peace and good order in
any park by fighting, quarreling or wrangling with loud voices or
shouts, threatening by violence to the person or property of others
or engaging in riotous clamor or tumult.
B.
No person shall congregate with other persons in a
park or playground and refuse to comply with a lawful order of the
police or the parks and recreation personnel to disperse or leave
the park.
C.
No person shall have or carry any firearm, switchblade,
hunting knife, slingshot, dagger, metal knuckles or other dangerous
weapon concealed on or about his person while in any park or playground.
D.
No person shall use obscene, profane or abusive language
while in a park or playground.
E.
No person shall loiter in or near park buildings.
[Amended 9-6-1993 by L.L. No. 4-1993]
All games of any description must be conducted
in an orderly and safe manner, with no rough and boisterous practices
allowed.
No person shall deface, disturb, destroy or
remove any part of any park or playground, whether it is buildings,
signs, equipment, shrubs, fences, trees or other material found within
the park.
[Amended 9-6-1993 by L.L. No. 4-1993; 11-20-2006 by L.L. No.
3-2006; 1-9-2007 by L.L. No. 1-2007]
A.
No person shall drive any automobile, motorcycle or other motorized vehicle upon any part of the parks or parkway, except for the proper drives and parking areas, or permit the same to stand upon any driveway, except vehicles of the Village of Penn Yan being used on official business. In no event shall any person operate a snowmobile or all-terrain vehicle within any park or playground, except that snowmobiles may be operated on the Outlet Trail and on the designated trail through the Elm Street Sports Complex. All such snowmobile operation must comply with regulations set forth in Subsection F of this section.
B.
No person shall operate a vehicle along or over any
road or drive within a park in a reckless manner or without due regard
for the safety and the rights of pedestrians and drivers and occupants
of all other vehicles so as to endanger the life, limb or property
of any other person.
C.
At Indian Pines Park and the boat launch site, the
maximum speed limit on driveway and parking areas shall be 10 miles
per hour.
D.
At Red Jacket Park, the maximum speed limit in parking
areas shall be 10 miles per hour, and no vehicle shall be parked with
a trailer attached.
E.
No horseback riding is allowed in parks except in
parking lots.
F.
Regulations for operation of snowmobiles upon the
Outlet Trail and the Elm Street Sports Complex within the Village
of Penn Yan:
(1)
The maximum speed limit for snowmobiles shall be 15
miles per hour, unless otherwise posted at a lower speed limit or
at times when a lower speed is necessary based upon conditions.
(2)
Snowmobiles shall not be operated when there is inadequate
snow cover or in the event snowmobile operation is prohibited by posting
by the Village of Penn Yan.
(3)
All persons operating snowmobiles shall comply with
the rules, regulations and restrictions pertaining to snowmobile operation
set out in §§ 25.03, 25.17, 25.19; 25.21; 25.24; 25.25;
and 25.27 of the Parks, Recreation and Historical Preservation Law
of the State of New York, or any amendments or successor laws thereto
and such operation shall be subject to those rules, regulations and
restrictions contained therein as if set out herein in detail.
(4)
All snowmobiles shall be registered with the State
of New York pursuant to Article 47 of the Vehicle and Traffic Law
of the State of New York.
(5)
No snowmobile may be operated between the hours of
11:00 p.m. and 6:00 a.m.
(6)
All snowmobiles shall yield the right-of-way to any
pedestrian walking or skiing on any bridge, crossing, or area where
the width of the trail creates unreasonable risk to such pedestrian.
(7)
Any snowmobile so operated shall be covered by a policy
of insurance, in such language and form as shall be determined and
established by the superintendent of insurance, issued by an insurance
carrier authorized to do business in this state. Such policy shall
provide coverage for any one person sustaining bodily injuries or
the death of one person in any one accident in the amount of at least
$10,000, and, subject to said limit of one person in the amount of
at least $20,000 because of bodily injury to or death of two or more
persons in any one accident, and in an amount of at least $5,000 because
of injury to or destruction of property of others in any one accident
for damage arising out of negligent operation of said snowmobile.
(8)
Any snowmobile so operated shall be equipped with
a muffler that shall limit the noise produced by such snowmobile to
not more than 73 decibels as measured on the "A" scale at 50 feet.
(9)
Operation of snowmobiles shall be limited to persons:
[Amended 1-20-2015 by L.L. No. 2-2015]
(a)
Who are at least 10 years of age but less than 14 years of age
and have received safety training as prescribed by the Commissioner
of Parks, Recreation and Historic Preservation of the State of New
York and have received the appropriate snowmobile safety certificate
issued by said Commissioner, and are accompanied by a parent or legal
guardian; or
(b)
Who are 14 years of age but less than 18 years of age who have
safety training as prescribed by said Commissioner of Parks, Recreation
and Historical Preservation of the State of New York and have received
the appropriate snowmobile safety certificate issued by said Commissioner,
and are accompanied by a person 18 years of age or older; or
(c)
Who are 18 years of age or older.
[Added 3-15-2011 by L.L. No. 8-2011; amended 1-20-2015 by L.L. No.
2-2015]
A.
BOARD OF TRUSTEES
BOAT TRAILER
PARKED or PARKING
VILLAGE CLERK
Definitions. The following words and phrases shall have the meanings
indicated with respect to the provisions of this section:
The Board of Trustees of the Village of Penn Yan.
Any wheeled device not propelled by its own power for the
transport of a boat or boats when attached to and drawn by a motor
vehicle.
The standing of a boat trailer, whether occupied or not,
otherwise than temporarily for the purpose of loading or unloading
a boat at the boat launch.
The Clerk of the Village of Penn Yan.
B.
Parking regulations. No boat trailer shall be parked in or at the
Keuka Street Boat Launch unless a permit has been obtained therefor
from the Village of Penn Yan. Such permits are available as follows:
(1)
Residents of and owners of real property in the Village of Penn
Yan may obtain an annual parking permit from the Village Clerk during
the regular office hours, free of charge, for any boat trailer registered
in the resident's name at an address located within the geographic
limits of the Village of Penn Yan. The parking permit shall be affixed
to the boat trailer in a conspicuous location at all times that the
boat trailer is parked at the Keuka Street Boat Launch.
(2)
Nonresidents of the Village of Penn Yan may acquire parking
permits as follows:
(a)
An annual parking permit may be obtained from the Village Clerk
by completion of the application therefor and the payment of the requisite
fee for such annual permit. The parking permit shall be affixed to
the boat trailer in a conspicuous location at all times that the boat
trailer is parked at the Keuka Street Boat Launch.
(b)
A daily parking permit may be obtained from the vending device
located at the Keuka Street Boat Launch. Upon payment of the requisite
fee, the parking permit shall be conspicuously displayed on the dashboard
of the vehicle which towed the boat trailer to the Keuka Street Boat
Launch.
C.
Parking fees shall be established by resolution duly adopted by the
Board of Trustees. Parking fees may be modified from time to time
as determined by the Board of Trustees.
[Amended 6-21-2022 by L.L. No. 8-2022]
A.
Any person
who violates any provision of this chapter shall, upon conviction,
be punished by a fine of not more than $250 or by incarceration for
not more than 15 days or both a fine and incarceration.
B.
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection A hereof, the person violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan, and be pursuant to an order of conditional discharge issued by the Court.
