[HISTORY: Adopted by the Town Board of the
Town of Clay 5-1-1978 by L.L. No. 15-1978. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Parks and Recreation Law of the Town of Clay."
The purpose of this chapter is to establish
rules and regulations for the use and operation of parks and recreation
areas of the Town of Clay in order to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Clay.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any beach or pool area designated by the Commissioner of
Recreation and Human Resources as a bathing area.
Any path designated and maintained for persons riding on
horseback.
Any path or trail maintained for pedestrians.
Any person, firm, association, copartnership or corporation
owning, operating, or having the exclusive use of a vehicle, animal,
or other property under a lease or otherwise.
Unless specifically limited, includes all parks, parkways,
spurs, open spaces, roads, and boulevards and also entrances and approaches
thereto, docks and piers, and bridges in, leading to, or connecting
such park or parks or parts thereof and such other rights and appurtenances
as the Town of Clay shall utilize whether the same be now or hereafter
owned or acquired by the Town of Clay in fee or otherwise. The specific
areas not covered by this chapter shall be designated by the Town
Board.
Any person designated by the Commissioner of Recreation and
Human Resources as a Town of Clay park ranger.
Any written license issued by or under the authority of the
Commissioner of Recreation and Human Resources permitting the performance
of a specified act or acts.
Any natural person, corporation, company, association, joint
stock association, firm or copartnership.
Bringing a vehicle to a complete stop on the road in a park
or on a parkway other than in a parking place, or other than in conformity
with traffic regulations and other than because of a defect in said
vehicle.
A.
Construction. In the interpretation of this chapter,
its provisions shall be construed as follows:
(1)
Any term in the singular shall include the plural;
(2)
Any term in the masculine shall include the feminine
and the neuter;
(3)
Any requirement or prohibition of any act shall respectively
extend to and include the causing or procuring, directly or indirectly,
of such act;
(4)
No provision hereof shall make unlawful any act necessarily
performed by any officer or employee of the town in line of duty or
work as such, or by any authorized person, which is necessary to execute
the terms of any agreement with the county;
(5)
Any act otherwise prohibited by this chapter or any
rules or regulations adopted pursuant hereto provided it is not otherwise
prohibited by the Town of Clay Municipal Code or other applicable
law, shall be lawful if performed under, by virtue of and strictly
within the provisions of a permit so to do and to the extent authorized
thereby;
(6)
This chapter is in addition to the Vehicle and Traffic
Law of the State of New York and any other provisions of the Town
of Clay Municipal Code.
B.
Territorial scope. This chapter and all rules and
regulations adopted pursuant hereto shall be effective within and
upon all town parks and recreational areas.
A permit to do any act shall authorize the same
only insofar as it may be performed in strict accordance with the
terms and conditions thereof. Any violation by its holder or his agents
or employees of any term or condition thereof shall constitute grounds
for its revocation by the Commissioner of Recreation and Human Resources
whose action therein shall be final. In case of revocation of any
permit, all moneys paid for or on account thereof shall, at the option
of the Commissioner of Recreation and Human Resources be forfeited
to and be retained by the town, and the holder of such permit, together
with his agents and employees who violated such terms and conditions,
shall be jointly and severally liable to the town for all damages
and loss suffered by it in excess of money so forfeited and retained;
but neither such forfeiture and retention by the town of the whole
or any part of such moneys nor the recovery or collection thereby
of such damages, or both, shall in any manner relieve any person from
liability or punishment for any violation of this chapter or any other
provisions of the Town of Clay Municipal Code.
A.
Boating. Boating of any kind in a bathing area is
forbidden except such boating as is necessary to keep such areas properly
protected and policed. The launching, storage, or use of privately
owned boats, canoes, outboards, rafts, floats, or any kind of hand-
or power-propelled craft on any park waters is prohibited, except
in designated areas.
B.
Protection of bathing areas. No person shall throw,
cast, lay or deposit any glass, crockery, or any part thereof or any
metallic substance on any bathing areas in or adjoining any park.
C.
Firearms. No person except employees or officers of
the Town of Clay shall carry firearms of any description, unless authorized,
within the park, except as permitted under hunting regulations as
specified hereunder.
D.
Explosives. No person shall bring into or have in
any park any explosive or explosive substance, unless specifically
authorized by the Commissioner of Recreation and Human Resources.
E.
Fires, lighted cigars, etc. No person shall kindle,
build, maintain, or use a fire other than in places provided or designated
for such purpose except by special permit. Any fire shall be continuously
under the care and direction of a competent person over 16 years of
age, from the time it is kindled until it is extinguished. No person
shall throw away or discard any lighted match, cigar, cigarette, or
other burning object within, on, or against any structure, boat, vehicle,
or enclosure, or under any tree or in underbrush or grass.
F.
Alms and contributions. No person shall solicit alms
or contributions for any purpose, except by written permission from
the Commissioner of Recreation and Human Resources.
G.
Commercial enterprises. No person shall, without a
permit, do any of the following:
(1)
Sell or offer for sale, lease or let out, any object
or merchandise, or any other thing, whether corporeal or incorporeal.
(2)
Take photographs within the limits of any park for
the purpose of selling the negatives thereof, or prints therefrom
in public.
(3)
While operating a boat or aircraft for hire, land
or receive passengers at any dock or wharf under the jurisdiction
of the Commissioner of Recreation and Human Resources.
(4)
Hire, lease or let out property, which has been entrusted
to him for personal use, to any other person.
(5)
Operate a bus or other commercial vehicle designed
or used for the transportation of passengers or property from within
the park upon park roads without having first obtained a permit.
H.
Advertising. No sign or notice shall be erected or
posted at any place in the park without the permission in writing
from the Commissioner of Recreation and Human Resources, nor shall
any musical instrument, radio, public address system, or drum be operated
or any noise be made for the purpose of attracting attention to any
exhibition of any kind, except by written permit.
I.
Gambling. Gambling, games of chance or fortune telling
within the park are prohibited; and no person shall participate in
the conduct of a lottery, or use or operate any slot machine, or bring
into any park or have in his possession while there any implement
or device commonly used, or intended to be used, for gambling purposes.
J.
Aviation. No person shall voluntarily bring, land
or cause to descend or alight within or upon any park, any aeroplane,
flying machine, balloon, parachute, or other apparatus for aviation,
except under permit. "Voluntarily" in this connection will mean anything
other than a forced landing.
K.
Meetings, exhibitions, parades, racing, etc.
(1)
No person shall erect any structures, stand or platform,
hold any meeting, perform any ceremony, make a speech, address or
harangue; exhibit or distribute any sign, placard, notice, declaration,
or appeal of any kind or description; exhibit any dramatic performance,
or the performance in whole or in part of any interlude, tragedy,
comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment,
motion picture, public fair, circus, juggling, rope-walking or any
other acrobatics, or show of any kind or nature; or run or race any
horse, or other animal, or being in or on a vehicle, race with another
vehicle or horse, whether such race be founded on any stake, bet or
otherwise; in any park, except by permit.
(2)
No parade, drill, or maneuver of any kind shall be
conducted, nor shall any procession form for parade or proceed in
any park without a permit.
L.
Disorderly conduct prohibited. No person shall disobey
an order of a town park ranger, or refuse to obey an order given by
an employee designated by the Commissioner of Recreation and Human
Resources to give orders and identified by a uniform, badge, or other
identification, or disobey the directions of any park sign; use threatening,
abusive, or insulting language; do any obscene or indecent act; throw
stone or any other missiles; annoy persons; interfere with, encumber,
obstruct or render dangerous any drive, path, walk, dock, beach, or
public place; do any act tending to or amounting to a breach of peace;
climb upon any structure; enter or leave except at established ways
or exits; engage in, instigate, aid or encourage a contention or fight;
whether or not a ring or prize fight; assault any person; spit upon
any walk or structure.
M.
Restricted hours. The following parks shall be closed
to the public between the hours of 10:00 p.m. and 6:00 a.m.: Clay
Park Central, Clay Park South, Clay Park North and Meltzer Park. All
other parks shall be closed to the public between the hours of 9:00
p.m. and 6:00 a.m. Exceptions to the above time limitations may be
obtained by permit.
[Amended 9-4-1984 by L.L. No. 1-1984]
N.
Minors. No parent, guardian or custodian of any minor
shall willfully permit or allow him to do any act prohibited by this
chapter or rules and regulations adopted pursuant hereto.
O.
Smoking: Smoke- and vaping-free zones.
[Added 12-4-2023 by L.L. No. 4-2023]
(1)
Tobacco
or marijuana smoking and/or vaping and tobacco or marijuana use shall
be prohibited in all Town-owned buildings owned, leased, used, operated,
or maintained by the Town of Clay or any department of the Town of
Clay (hereinafter "Town building"), without exception.
(2)
Tobacco
or marijuana smoking (or vaping) and tobacco or marijuana use in any
form shall also be prohibited within 30 feet of any Town building
not located in a park, recreation area or playground.
(3)
Tobacco
or marijuana smoking (and vaping) and tobacco or marijuana use of
any type shall be prohibited in all Town-owned parks, playgrounds,
and recreation areas.
(4)
The
Town Board further determines and declares that all Town -owned parks,
recreation areas and playgrounds shall be designated as tobacco-free
and marijuana-free zones.
A.
Hunting and fishing.
(1)
No person within the confines of any park, except
under permit from the Commissioner of Recreation and Human Resources,
shall hunt, pursue, trap, or in any way molest any wild birds or animals,
nor shall any person have any wild bird or animal in his possession
within any park.
(2)
No person shall fish in any waters in any park except
at such times and such places where fishing shall be permitted by
the Commissioner of Recreation and Human Resources.
(3)
No person, except hatchery personnel in performance
of regular duties, shall be allowed to take trout, bass, or any other
variety of fish by angling, spearing, or any other means, from any
trout or bass pools so designated and posted by the town.
B.
Bathing, boating and water activities.
(1)
No person shall bathe, wade or swim in any waters
under the jurisdiction of the town except in such areas as the Commissioner
of Recreation and Human Resources may designate as bathing areas;
and at such times as he may establish; or unless properly garbed in
bathing suit or similar garment which shall be safe and suitable for
the use intended and which shall prevent any indecent exposure of
the person, or in any manner contrary to the instructions of life
guards or other bathing supervisors stationed at such designated areas.
(2)
No person shall dress or undress in automobiles or
comfort stations, or any place except the bathing houses maintained
by the town for that purpose.
(3)
No person shall take, use, or operate any boat, canoe,
or small craft maintained for hire by the town unless such craft is
engaged and entered at the dock or landing place maintained by the
Commissioner of Recreation and Human Resources for that purpose. Going
voluntarily overboard from or swimming or bathing from such hired
small craft, or using said craft for contest, games, jousting, towing,
or racing, is prohibited. The entry or embarkation of passengers in
or from said hired craft at places provided, or the beaching of said
craft except in storm or emergency for safety reasons, or the portaging
of said craft to other waters, or the abandonment of said craft is
prohibited.
(4)
The use of boating, beach or waterfront facilities,
or the engagement in water activities or sports by persons unfit for
such use or activity because of age, physical or mental infirmity
either permanent or temporary, intoxication or other impediment; or
the participation in such boating, bathing or waterfront activity
by any person in such a manner as to endanger public health and safety,
is prohibited; and the Commissioner of Recreation and Human Resources
may consider any specific act of the aforesaid nature as disorderly
conduct and a prohibited use under this chapter.
C.
Camping. No camp shall be maintained in any park except
under permit, and at such particular places and for such specified
periods as may be designated by the Commissioner of Recreation and
Human Resources.
D.
Games. No person shall throw, cast, catch, kick, or
strike any baseball, golf ball, football, bean bag, discus, or shot-put,
or other object except in places designated therefor.
E.
Coasting, skating, skimobiles, snowmobiles and minibikes.
No person shall coast with handsleds, bobs, carts, or other vehicles,
on wheels or runners, except at such places as may be designated therefor.
No person shall use roller skates, or minibikes, except at such times
and upon such places as may be designated therefor, or skate, sled,
walk or go upon any ice or ski, except at such times and upon such
places as may be designated therefor, and until such ice is declared
by or under the authority of the Commissioner of Recreation and Human
Resources to be in a safe condition therefor; nor shall towing of
persons on skis, sleds, or skates be allowed.
F.
Horses. No person shall use, ride or drive a horse
except to, from, or along a bridle path, or other designated areas,
nor shall any horse be hitched to any shrub, tree or building, nor
be walked or ridden on foot paths, foot bridges or stairs within said
park.
G.
Animals at large. No person shall cause or permit
any animal owned by him, in his custody, or under his control, except
a dog restrained in accordance with the Town of Clay Municipal Code
to enter any park, except by special permit for hunting purposes,
and each such animal found at large may be seized and disposed of
as provided by law covering disposal of stray animals on highways
or public property then in effect at the place where such stray animal
may be seized. Dogs shall not be allowed in bathing areas or park
buildings under any circumstances.
H.
Picnicking. Picnicking, or the spreading or preparation
of picnic meals, at other than areas designated for picnicking is
prohibited.
No person shall injure, deface, disturb, or
befoul any part of any park or any building, sign, equipment, or other
property found therein; nor shall any tree, flower, fern, shrub, rock,
or other plant or mineral be removed, injured, or destroyed; nor shall
any person view, approach or enter into or upon any waterfall, gorge,
cliff, or other natural or scenic feature by any means other than
established trails, roads, overlooks, and entries provided for such
public use, view or entry.
A.
Pollution of waters. No person shall, within any park,
throw, cast, lay, drop, or discharge into or leave in the waters in
any park or in any storm sewer or drain flowing into said waters in
any park, any substances, matter or thing, liquid or solid, which
may or shall result in the pollution of said waters.
B.
Garbage, sewage, refuse, and obnoxious material. No
person shall deposit in any part of the park any garbage, sewage,
refuse, waste, fruit, vegetables, foodstuffs, paper or other litter
or obnoxious material otherwise than in receptacles or pits provided
for such purposes, nor shall any person bring into any town park any
garbage or refuse for the purpose of disposing of such garbage or
refuse into available receptacles provided therein.
A.
Vehicles, where prohibited. No person shall drive
a vehicle in any park within or upon a safety zone, walk, bridle path,
or any part of any park not designed or customarily used for such
purpose. No person shall ride a bicycle, minibike, tricycle, snowmobile,
skimobile, velocipede, or motorcycle upon any walk or foot path.
B.
Parking. No owner or driver shall cause or permit
his vehicle to stand anywhere in any park outside of designated parking
spaces, except a reasonable time in a drive to receive or discharge
passengers, nor shall any person use any area in the town parks for
the purpose of repairing motor vehicles except under emergency circumstances.
C.
Obstructing traffic. No person shall cause or permit
a vehicle to obstruct traffic by unnecessarily stopping or parking.
D.
Speed limit. No person shall operate a motor vehicle
in any park at a rate of speed in excess of 20 miles per hour, or
in excess of any lesser rate posted in any zone on any portion of
a park road, parking area or other travelable way.
E.
Obeying officers. Whenever an officer of the prevailing
law enforcement agency, town park ranger, county sheriff, or state
policeman shall indicate or direct by gesture or otherwise, that the
speed of a vehicle shall be checked or stopped, or its course altered,
the driver thereof shall immediately obey such directions. The Commissioner
of Recreation and Human Resources or his designated representatives
shall have the right to impound or remove at owner's expense all improperly
parked vehicles.
[Amended 7-20-2009 by L.L. No. 3-2009]
F.
View into vehicles. Every car driven through any park
or parked in any parking space shall have the interior thereof open
to full view at all times.
G.
Prohibiting driving on grass. No person shall ride
or drive upon the grass, turf, or lawn of said parks except as directed
by the Commissioner of Recreation and Human Resources or his representative,
or except in designated areas.
[Amended 8-20-2001 by L.L. No. 1-2001]
Beer in kegs or cases or other intoxicants may
be brought into the parks by group picnic parties on written permits
issued by the Commissioner of Recreation and Human Resources or his
representative. There shall be no restrictions against the bringing
of such intoxicants into the park by individuals or family picnic
parties. However, in no case shall these privileges with respect to
intoxicants be construed to waive any of the other requirements of
this chapter.
No person shall enter or use any park or any
facilities therein for which a charge is made by the town unless he
shall pay the charge or fee fixed by the town therefor.
Any Town of Clay park ranger or any other person
authorized to enforce this chapter shall have the authority pursuant
to Article 150 of the Criminal Procedure Law to issue an appearance
ticket subscribed by him directing a designated person to appear in
a designated local criminal court at a designated future time in connection
with his alleged commission of a designated offense of any provision
of this chapter or any rules or regulations promulgated pursuant hereto
that such park ranger or other person is required or authorized to
enforce.
The Commissioner of Recreation and Human Resources
shall have the power and be authorized to promulgate and enact any
rules and regulations that he deems necessary or expedient to carry
out his duties pursuant to this chapter which shall not be in conflict
with this chapter and shall protect the health, safety, morals and
general welfare of the users of any town park.
[Amended 7-20-2009 by L.L. No. 3-2009]
This chapter shall be enforced by the prevailing
law enforcement agency, park rangers or any other authorized peace
officer.
[Amended 8-20-2001 by L.L. No. 1-2001]
A violation of any provision of this chapter
shall be deemed an offense punishable by a fine not exceeding $250
or imprisonment for a term not exceeding 15 days, or both.
