[HISTORY: Adopted by the Town Board of the
Town of East Fishkill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-9-1976 by L.L. No. 2-1976]
As used in this article, the following terms
shall have the meanings indicated:
The East Fishkill Department of Parks and Recreation.
[Amended 3-31-2011 by L.L. No. 1-2011]
A person who is a member of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
A park, playground or any other recreation area in the Town
owned by the Town and devoted to recreation purposes. "Park" shall
also be deemed to include any building or recreation facility located
on Town property used for recreation purposes. The above properties
include Red Wing Park as well as all other recreation properties owned
by the Town.
A person who is appointed and/or employed by the Town Board
and in charge of any park area and/or the activities conducted thereon.
A "park official" is also any employee or duly appointed official
of the Town who is conducting any activity or is working or employed
in any area of any park for park or recreation purposes.
The Town of East Fishkill.
The Town Board of East Fishkill.
No person in a park shall:
A.
Willfully mark, deface, disfigure, injure, tamper
with, displace or remove any building or portion thereof, any bridge,
table, bench, fireplace, railing, paving, light, dock, waterline or
other public utility or part thereof, sign, notice or placard, monument,
stake, fence, post or other boundary marker, or other structure or
equipment, facilities or park property or appurtenances whatsoever,
either real or personal.
B.
Use the rest rooms, washrooms or bathhouse facilities
designated for the opposite sex.
C.
Dig or remove any sand, earth, rock, stone, tree,
shrub, plant, flowers, grass, timber or log, whether standing or cut,
or any other material, or make any excavation by tool, equipment,
blasting or other means or agency, or attach or cause to be attached
any rope, wire or other device to any tree, plant or building without
the prior approval of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
D.
Cause or permit any animal owned by him, in his custody
or under his control to go or become at large. Dogs shall be restrained
by a leash not exceeding six feet in length. It shall be the duty
of each dog owner or person having possession, custody or control
of a dog to remove any feces left by his dog in any park and to dispose
of the same in a safe and sanitary manner.
[Amended 6-14-2001 by L.L. No. 3-2001]
E.
Ride or drive a horse except when allowed by a permit.
Such permits may be issued at the discretion of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
F.
Hunt, molest, harm, frighten, kill, trap, chase, tease,
shoot or throw stones or any missiles at or give or offer any poisonous
food to any animal, reptile, bird or the eggs of same, except that
the foregoing shall not prohibit the killing of any deadly reptile.
G.
Throw, discharge or otherwise place or cause to be
placed in the waters or upon the ground or trees or plants of any
park any substance, matter or thing, whether liquid or solid, which
will or may result in the pollution of said waters or damage to said
ground, tree or plant.
H.
Dump, deposit or leave, or cause to be dumped, deposited
or left, any bottle, broken glass, ashes (other than ashes from and
in a designated and permanently constructed fireplace or temporary
fireplace designated by a permit), paper, boxes, cans, dirt, rubbish,
waste, garbage or refuse or other trash upon the grounds or waters
of a park or leave such materials anywhere in a park, except for those
items that are placed in the receptacles so provided for the deposit
of such items. Where no receptacles are so provided, all such rubbish
and waste shall be carried away from a park by the person or persons
responsible for its presence and properly disposed of elsewhere.
I.
Golfing activity is prohibited.
[Added 6-14-2001 by L.L. No. 3-2001]
A.
No person in any park shall:
(1)
Fail to comply with all the applicable provisions
of the Vehicle and Traffic Laws of the State of New York, together
with such supplemental regulations as are herein set forth.
(2)
Fail to obey all police officers, traffic officers,
members or park officials, whenever such persons are directing traffic
or parking in a park, such police officers, traffic officers, members
and park officials being hereby authorized and instructed to direct
traffic and parking whenever and wherever needed in a park.
(3)
Fail to observe and obey all traffic and parking signs
indicating speed, directions, caution, stopping, parking or no-parking
and all other signs posted for proper control and to safeguard life
and property.
(4)
Park and leave a motor vehicle overnight in any area
of a park, except as authorized by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
(5)
Park a motor vehicle on park property, unless the
operator or owner thereof shall use or be making use of the recreation
facilities of such park during the time that the said motor vehicle
is parked in said park.
(6)
Operate a snowmobile, trail bike or unlicensed motor
vehicle in any park in the Town.
A.
No person in any park shall:
(1)
Take part in or abet in the playing of any game or
other recreational entertainment except in areas so designated for
such forms of entertainment. The throwing, shooting or projecting
of any stones, arrows or javelins or the operation of any model airplane
shall not be permitted in a park unless in an area specifically designated
by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
(2)
Leave a picnic area before all trash and refuse is
placed in receptacles, when provided, and if no such receptacles are
provided, leave such picnic area without carrying away from said area
the aforesaid trash or refuse. No person shall leave such picnic area
before a fire being used by such person is completely extinguished.
(3)
Camp or erect a tent or any other temporary or any
mobile shelter, except as otherwise permitted upon application to
the Department, and in such cases only in the area so designated for
such camping purposes.
[Amended 3-31-2011 by L.L. No. 1-2011]
B.
No person in Red Wing Park shall:
[Amended 3-31-2011 by L.L. No. 1-2011]
(1)
Swim, enter into or wade in any waters located thereon,
except in compliance with such rules and regulations pertaining thereto
as are established from time to time by the Department, such rules
and regulations to be posted prominently within the confines of Red
Wing Park.
(2)
Bring in or operate any boat, raft or other watercraft,
whether motor-powered or not, upon any waters in the park, except
at such time, in such places and under such conditions as are designated
by the Department. Motor-powered boats are to be strictly forbidden
from Red Wing Park except as they are required for official duties
authorized by the Department.
(3)
Fish in any waters of Red Wing Park, whether by the
use of a hook and line, net or other device, except in such waters
and at such times as designated by the Department.
No person in a park shall:
A.
Bring in or upon, have brought in or upon or cause
to be brought in or upon a park or grounds thereof any alcoholic beverage,
nor sell, purchase, consume or drink any alcoholic beverage at any
time in a park. Any person entering a park or found within a park
to be under the influence of alcoholic liquor shall be immediately
removed by a police officer.
B.
Bring in or cause to be brought in, or have in his
possession or set off or otherwise cause to be exploded, discharged
or burned, any firecracker, torpedo, rocket or other fireworks or
explosive or flammable material, or discharge them or throw them into
any area of a park or from any area of a park upon the land adjacent
thereto. Notwithstanding the foregoing, park grounds or facilities
thereon may be used for a scheduled fireworks program under a permit
granted by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
C.
Bring in or cause to be brought in or have in his
possession:
(1)
Any pistol, revolver or objects upon which loaded
or blank cartridges may be used. Official starters at authorized athletic
events are excepted from this restriction.
(2)
Any rifle, shotgun, air gun, spring gun, slingshot,
bow or other instrument or weapon in which the propelling force is
a spring or air.
D.
Build or attempt to build a fire except in a fireplace
designated and constructed for such purposes and under such regulations
as may be adopted from time to time by the Department. No person shall
drop, throw or otherwise scatter lighted matches, burning cigars or
cigarettes, tobacco or other flammable material within a park. Notwithstanding
the foregoing, gas stoves and charcoal grills are permitted in authorized
picnic areas but must be attended at all times when in use.
[Amended 3-31-2011 by L.L. No. 1-2011]
E.
Enter upon ice except such ice designated by the Department
for skating purposes, provided that a safety signal of the Department
is displayed on said ice or on an adjacent area.
[Amended 3-31-2011 by L.L. No. 1-2011]
F.
Engage in any disorderly conduct or any behavior tending
to cause a breach of the public peace. No person shall disturb or
otherwise interfere with any other person or group of persons occupying
any area or engaging in any organized activity.
G.
Sell or offer for sale any object, merchandise or
service or any other thing within a park, except by a permit from
the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
H.
Ride a bicycle or roller skate or rollerblade without
wearing a helmet. Proper protective gear shall be worn for all sports
and activities.
[Added 6-14-2001 by L.L. No. 3-2001]
[Amended 3-31-2011 by L.L. No. 1-2011]
A.
The Department is hereby authorized to adopt any additional
rules and regulations with respect to parks and recreational facilities
of the Town and with respect to the conduct of the public in said
parks, provided that such rules and regulations are not inconsistent
or in conflict with the provisions herein set forth, and provided
that any material changes herein shall be approved by the Town Board.
B.
The opening and closing hours of the parks shall be
set by the Department and shall be posted at the entrance to each
park so that opening and closing times will be easily noticeable by
the public. No person or persons shall enter upon or remain in a park
or any buildings or grounds thereof at times when the park is closed.
C.
There shall be no charges or fees for admission to
or in the parks of the Town except:
(1)
Red Wing Park for which there shall be a fee or charge
which will be used solely to offset the expenses of such park.
(2)
As established or authorized by the Department, provided
that the proceeds thereof and therefrom, less the reasonable expenses
of such event, shall be paid to the Department and deposited and used
by it as provided by law.
D.
Notwithstanding the provisions of Subsection C above, fees or admissions may be charged for special facilities and services in the parks of the Town under the operation of the Department.
E.
The parks and facilities of the Town shall be open
to residents of the Town of East Fishkill and their guests. The Department
may establish rules and regulations with respect to determining the
number and eligibility of such guests.
[Amended 3-31-2011 by L.L. No. 1-2011]
A.
No permit shall be required for use of the parks and
the facilities therein except as follows:
(1)
Whenever any organization or group desires to use
a certain area of a park for its exclusive use for a period of one
day or any part thereof, such organization or group shall make application
to the Department and shall set forth the name and address of the
organization or group; the name and address of the person, persons,
corporation or association sponsoring the activity, if any; the day
and hours for which the permit is desired; an estimate of the anticipated
attendance; the charges or fees, if otherwise permitted as aforesaid,
being charged to members or persons attending; and any other information
which the Department shall find reasonably necessary to determine
whether or not the permit should be issued hereunder.
(2)
If the Department determines that the applicant is
to be permitted to use the area of the park requested, such approval
of such permit may be conditioned upon the issuance of a certificate
of liability insurance to the organization or group, listing thereon
the Town of East Fishkill as an additional insured on the said policy
with coverage in the amount of $100,000/$300,000 for bodily property
damage per accident. Such approval shall further be conditioned upon
an agreement by the applicant to indemnify the Town in the event that
any damage or destruction is caused by members of such organization
or as a result of such applicant's use. No such permit shall be issued
until the aforesaid has been complied with.
(3)
Notwithstanding the aforesaid, no permit shall be issued to any organization other than an organization which has its principal office or meeting place in the Town of East Fishkill and of which more than 1/2 of its members shall be residents of the Town of East Fishkill. The Department is further empowered to waive any provision of this Subsection A.
B.
The Department shall only issue a permit hereunder
when it determines:
(1)
That the proposed activity or use of the park or recreation
facilities will not unreasonably interfere with or detract from the
proper enjoyment of the area by others.
(2)
That the proposed activity or use will not unreasonably
interfere with or detract from the promotion of the public health,
welfare, safety and recreation.
(3)
That the proposed activity or use is not unreasonably
anticipated to incite the participants therein or others to be disorderly.
(4)
That the proposed activity will not entail any additional
expense to the Town of East Fishkill.
(5)
That the requested area or facilities desired have
not been reserved for any other use or group on the day and hour requested
in the application.
(6)
That the proposed activity or use will be supervised
by or be under the immediate direction and control of responsible
residents of the Town.
C.
All applications shall be submitted at a regular meeting of the Department and at least 10 days prior to the date requested, and the Department shall apprise the applicant within five days thereafter as to whether or not the permit has been granted, and if so granted, any reasonable conditions that may be imposed by the Department, such Department being hereby authorized to impose any reasonable conditions to such permit. Any applicant, group or person denied a permit shall have the right to appeal to the Town Board, which shall consider the application under the aforesaid standards set forth in Subsection B and which may thereafter sustain or overrule the decision of the Department. The decision of the Town Board shall be final.
D.
All permits shall be subject to the rules and regulations
established by the Department, the applicable provisions herein contained
and any conditions set forth in the permit.
E.
The Department shall have the authority to revoke
any permit upon the finding or determination by it, in its discretion,
that there has been a violation of any conditions set forth in the
permit, any rule or regulation of the Department or any provision
herein contained.
[Amended 7-25-1985 by L.L. No. 8-1985]
Any person committing an offense against any of the provisions of Chapter 136 of the East Fishkill Code shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
In the interpretation of this article, the provisions
shall be construed as follows:
A.
Any term in the singular shall include the plural.
B.
Any term in the masculine shall include the feminine
and neuter.
C.
Any requirement or prohibition of any act shall, respectively,
extend to and include the causing and procuring, directly or indirectly,
of such act.
D.
No provision hereof shall make unlawful any act necessarily
performed by any officer or employee of the Department in the line
of duty or work, as such, or by any person, his agent or employees
in the proper and necessary execution of the terms of any agreement
with the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
E.
Any act otherwise prohibited by law or local ordinance
shall be lawful if performed under, by virtue of and strictly within
the provisions of a permit to do so, and to the extent authorized
thereby.
[Adopted 7-22-2021 by L.L. No. 4-2021]
The Town Board from time to time adopts rules and regulations
for persons to follow within Town parks. These rules are in addition
to regulations on behavior contained within the Penal Law. Unfortunately,
there has been an increase in vandalism and misbehavior within the
Town parks and it has become necessary to establish a system to exclude
these persons who fail to adhere to the rules. It is for these purposes
this article is adopted.
The Town Board will from time to time adopt and update rules
of conduct and use for all Town parks. These rules will be clearly
posted at the entrance or other appropriate areas of the parks.
A person found to be in violation of a rule adopted herein,
or any provision of the Penal Law, in addition to such other penalty
provided by law will be excluded from the Town parks for the time
period herein.
The Town Police Department will, upon investigation, issue the
appropriate level of exclusions to a violator. The Town Police will
maintain all records therefor.
Should a person issued an exclusion notice contest the facts,
they shall be entitled to appeal. They must file a request for appeal
with the Town Supervisor who will then designate a hearing officer
to hear the appeal. The determination of the hearing officer will
be final.
If a person is found to be in a Town park during a time period
that they are excluded, they will be charged with criminal trespass,
under the NYS Penal Law.
This article takes effect immediately upon its filing with the
NYS DOS.
