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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
[Amended 9-5-1985; 7-15-2013 by Ord. No. 37.63.13]
The public ground and enclosure in front of the Academy on Park Place, Elk Street and Eagle Street and Washington Avenue shall be known and designated as "Academy Park"; the public ground west of North Pearl Street and south of Clinton Avenue shall be known and designated as "Clinton Park"; the public ground south of Madison Avenue and east of Lark Street shall be known and designated as "Delaware Square"; the public ground between Eagle Street, State Street and Swan Street and Washington Avenue shall be known and designated as "Capitol Park"; the public ground and enclosure below the junction of Central Avenue and Western Avenue shall be known and designated as "Townsend Park"; the public ground on the south side of Hudson Avenue, at the intersection of Liberty Street and Union Street, shall be known and distinguished as "Hudson Avenue Park"; the public ground on Madison Avenue, east of Eagle Street, shall be known and designated as "Bleecker Park"; the public ground between Washington Street, Ontario Street, State Street and Partridge Street shall be known as the "Beaverwyck Park"; the public ground west of Ten Broeck Street, north of Second Street, shall be known as "Van Rensselaer Park"; the public ground west of Ten Broeck Street and north of First Street shall be known as "St. Joseph's Park"; the public ground located at 77 Philip Street between Philip Street, Bleeker Place, Eagle Street and Elm Street shall be known and designated as "77 Philip Street Park"; the public ground located at 88 Philip Street between Philip Street, Wilbur Street, Grand Street and Myrtle Avenue shall be known and designated as "88 Philip Street Park"; and the approximately 5.36-acre parcel of public land within the Corning Preserve bounded to the east by the Hudson River, on the west by Quay Street, on the south by the state water intake facility property and on the north by the Corning Preserve tidal ponds shall be known and designated as "Jennings Landing."
[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall cut down, destroy or willfully break, mutilate or injure, or aid and assist in breaking, mutilating or injuring, any gate, fence or fences or deface or injure any of the grounds or injure any of the trees, shrubbery or fixtures now or hereafter erected, made, planted, set out or being in or upon any of the streets, places, parks or public squares or enclosures of this City or do any willful damage thereto, under a penalty not to exceed $250 for every such offense; and the offender shall besides be prosecuted for damages for every such misconduct.
No person shall use any of the parks, places or squares as a bleaching ground, nor spread thereupon any article of wearing apparel, cloth or cloths, or any goods whatever, nor hang any clothing or other article upon any of the fences surrounding the same, nor shake, beat or cleanse any carpets, floor cloths or mats, in any of said parks, places or public enclosures; nor shall any person tie or fasten any horse or horses to the fences surrounding the same, under the penalty of $2 for each offense against any provision of this section.
[Amended 5-19-2008 by Ord. No. 25.42.08]
No person shall cut, tread down, pull up, trample upon or injure the grass growing in either of the public parks, places, enclosures or squares within this City, or that portion of the sidewalk sodded under authority of law on any of the streets, nor stand, walk or lie upon any part of such parks or sodded portions of sidewalks aforesaid which is laid out and appropriated for grass or shrubbery, under a penalty not to exceed $250 for each offense.
[Amended 12-19-1983; 3-3-1986]
A. 
The following rules, regulations and ordinances made by the Commissioner of Public Works for the government, management and care of the parks of the City, the streets in and through the same and the parkways are hereby approved:
(1) 
All persons are forbidden to discharge firearms, shoot or in any way disturb or annoy the birds or squirrels, throw stones or other missiles or play boisterous games within the limits of such parks, boulevards, avenues and driveways.
(2) 
All persons are forbidden to trample on the grass, handle or appropriate the trees, shrubs, flowers or plants or injure or deface any of the buildings, fences, construction or settees around or in such parks, boulevards, avenues and driveways.
(3) 
All persons are forbidden to use indecent or profane language, or do any indecent or obscene act, or post any bill, notice or advertisement upon any tree or structure in such parks, boulevards, avenues and driveways.
(4) 
All persons are forbidden to drive over the paths devoted to pedestrians; to ride bicycles or tricycles on the paths or walkway; or to trundle barrows or obstruct the paths in any manner; or to ride, drive, propel or operate any wagon, vehicle or motor vehicle on any of the driveways of such parks, boulevards and avenues at a rate faster than 15 miles an hour.
(5) 
All persons are forbidden to obstruct the driveways by standing single or in groups, or to permit any animal or vehicle to do so, or to ride without a saddle or bridle, or to walk, drive or ride a horse led by a strap or rope.
(6) 
All persons are forbidden to lounge on the settees or in or about the buildings.
(7) 
All persons bringing dogs to City parks must comply with the applicable provisions of Chapter 115 of the Code of the City of Albany. All persons are forbidden to permit any animal other than a dog to run at large within the boulevards, avenues or driveways connected with the park system or to pasture any animal therein.
[Amended 2-5-1995 by Ord. No. 24.102.95]
(8) 
All persons are forbidden to expose or offer anything for sale within park limits, unless by special permission from the Superintendent of Parks.
(9) 
All persons are forbidden to move any seat or settee into the shrubbery or thicket or, after sundown, to move any seat or settee from the paths or elsewhere.
(10) 
The Commissioner of Parks and Recreation shall have the authority to regulate fishing, swimming, boating and other uses of park waters in all City-owned parks.
(11) 
All persons are forbidden to enter or leave the parks except by the proper entrances or exits.
(12) 
Heavy trucking will not be allowed on the driveway of Manning Boulevard and its extension.
(13) 
The parks will be open to the public daily during the months of May, June, July, August, September and October, from sunrise to 11:00 p.m., and during the other months of the year from sunrise to 10:00 p.m.
(14) 
All persons, and any entity whether governmental or private, are forbidden to undertake or engage in any use or display of fireworks of an explosive nature in Washington Park.
[Added 2-4-2008 by Ord. No. 1.11.08]
B. 
All persons violating Subsection A or any of its provisions shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine which shall not exceed $250 in amount or to imprisonment not exceeding 150 days, or to both such fine and imprisonment.
[Amended 5-19-2008 by Ord. No. 25.42.08]
[Amended 12-19-1983]
A. 
The lake will be open to the public for skating between the hours of 8:00 a.m. and 10:00 p.m., whenever the ice is in proper condition, and will be closed whenever it is deemed unsafe, or at such times as it may be necessary to clean the surface.
B. 
The throwing of stones, gravel or any obstructions on the ice is forbidden.
C. 
The use of any sled or of the racing or Donaghue skate or the playing of boisterous games of any kind, such as head on, tag, prisoner's base, shinny, snap-the-whip, all hands around, hockey or any game involving a temporary obstruction of the ice or the inconvenience of the skating public, will not be permitted.
D. 
The ordinance, rules and regulations relative to the government of the parks are to be regarded as in force upon the lake and in the lake house, as far as they may be applicable.
[Amended 6-18-1990]
A. 
No animals, bicycles, tricycles or motors or vehicles shall be permitted to either stand, congregate or loiter upon the driveways of these parks or in any other parts thereof to the obstruction of the way or to the inconvenience of or interference with travel therein, except on such occasions as may be specially designated by the Superintendent of Parks.
B. 
Neither shall bicycles, tricycles, motors or vehicles go together in numbers or abreast, except in pairs, to the inconvenience, obstruction or interference with the driving public.
C. 
No part of such parks shall be used for a place of instruction in the use or management of any vehicle, including bicycles, tricycles and motors, and drivers or wheelmen must turn to the right hand in passing, and in all cases bicycles, tricycles and motors must carry lighted lamps after dark.
D. 
No vehicle drawn by horses, or propelled in any other way, including bicycles, tricycles and motors, shall travel or use the park roads at a greater rate of speed than eight miles an hour, and on short curves four miles an hour.
E. 
The use of bicycles, tricycles or vehicles of any kind is not permitted on the paths or walks of these parks.
F. 
The Commissioner of Parks and Recreation shall regulate the parking of motor vehicles within and upon the roadways of Washington Park in connection with special events and theatrical events held therein and may establish and collect fees to offset the expense thereof.
[Amended 12-19-1983]
A. 
The courts will be open to the public at such time and between such hours as may be deemed proper by the Superintendent of Parks.
B. 
The use of the courts and nets is free to the public, but is restricted to persons wearing tennis shoes.
C. 
Children under 14 years of age will not be permitted the use of the courts after 5:00 p.m.
D. 
When all the courts are occupied, the use of them will be restricted to one hour. The keeper is instructed and empowered to designate in rotation such courts as may become vacant under this rule, and possession must be given to him or a person designated by him as soon as the game in progress is finished.
E. 
Spectators or visitors are not allowed within the limits of the grounds occupied by the courts.
F. 
The ordinance, rules and regulations relative to the government of the parks are to be regarded as in force upon these grounds as far as they may be applicable.
[Amended 12-19-2011 by Ord. No. 58.102.11[1]]
A. 
Smoking is responsible for the premature deaths of over 440,000 Americans each year from lung cancer, heart disease, and other smoking-related diseases. It kills more Americans each year than alcohol, cocaine, heroin, crack, homicide, suicide, accidents, fires and AIDS combined. Eighty percent of smokers started smoking before the age of 18, and the average initiation age is 12 years old. Each year in the United States alone, secondhand smoke is responsible for an estimated 42,000 deaths from heart disease in people who are current nonsmokers; about 3,400 lung cancer deaths in nonsmoking adults; worse asthma and asthma-related problems in up to 1,000,000 asthmatic children; between 150,000 and 300,000 lower respiratory tract infections (lung and bronchus) in children under 18 months of age, with 7,500 to 15,000 hospitalizations each year; and making children much more likely to be put into intensive care when they have the flu; they stay in the hospital longer, and they are more likely to need breathing tubes than kids who are not exposed to SHS. Cigarette butts also cause litter problems in the parks and ruin the natural atmosphere.
[Amended 8-4-2014 by Ord. No. 38.52.14[2]]
[2]
Editor’s Note: This ordinance provided that it would take effect immediately, which provision was amended 8-18-2014 by Ord. No. 43.82.14(MC)(UC), which provided an effective date of 1-1-2015.
B. 
No person shall smoke within the City’s parks, sport fields, swimming pools, or playgrounds. For purposes of this section, to “smoke” means to burn a lighted cigar, cigarette, or pipe or to use any other substance which contains tobacco.
[Amended 8-4-2014 by Ord. No. 38.52.14]
C. 
Violation of this section shall be an offense punishable by a fine of $50. Appropriate signage shall be posted designating tobacco-free zones; however, the presence or absence of signs shall not be a defense to a violation of this section.
[1]
Editor's Note: This ordinance provided an effective date of 4-1-2012.
Pursuant to authorization granted by Chapter 357 of the Laws of 1950 of the State of New York, it is hereby authorized and directed that the lands hereinafter described and heretofore occupied and used by the City of Albany for park, playground and other public purposes located on Colonie Street in the City of Albany be discontinued for such aforesaid purposes.
The lands referred to in § 251-10 of this article are located in the City of Albany, County of Albany and State of New York, and are bounded and described as follows:
Beginning at a point, the intersection of the north street line of Colonie Street and the westerly street line of Lark Street; thence running northwesterly along the northerly street line of Colonie Street for a distance of 480.67 feet; thence northeasterly on a line parallel to Lark Street for a distance of 200 feet; thence southeasterly parallel to the north street line of Colonie Street and 200 feet northerly therefrom (perpendicular distance) for a distance of 480.67 feet to a point on the westerly street line of Lark Street; thence running southwesterly along the westerly street line of Lark Street for a distance of 200 feet to the point and place of beginning.
Pursuant to authorization granted by Chapter 885 of the Laws of 1953 of the State of New York, it is hereby directed that the lands within Lincoln Park in the City of Albany and hereinafter described be and the same hereby are discontinued for park purposes for the purpose of using such lands for public school purposes and the construction of public school buildings, including streets for ingress and egress.
The 4 1/2 acres of land hereby authorized to be discontinued for park purposes are situated within that part of Lincoln Park which is bounded on the east by South Swan Street, on the west by Delaware Avenue, on the south by Morton Avenue and on the north by Park Avenue in the City of Albany.
[Added 6-21-1993]
The following described lands are hereby designated and dedicated as parklands within the City of Albany for public park and recreational purposes:
Tax Map Parcel 75.05-2-1, Tax Map Parcel 75.05-4-63, Tax Map Parcel 75.09-1-2, Tax Map Parcel 75.09-1-3, Tax Map Parcel 75.10-2-3 and Tax Map Parcel 75.10-2-1. Said lands being those conveyed to the City by deeds recorded at the Albany County Clerk's office in liber 2435 at page 745, liber 2299 at page 539, liber 2386 at page 135, liber 2038 at page 983 and liber 2402 at page 557, comprising approximately 122 acres.
[Added 6-30-2021 by L.L. No. 9-2021 (K-2021)]
A. 
Alienation of land. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the Laws of 2018, it is hereby directed that the lands within Lincoln Park in the City of Albany and hereinafter described be and the same hereby are discontinued for park purposes for the provision of underground piping through Lincoln Park in connection with the disinfection and floatables control project, and associated infrastructure, also known as the Beaver Creek Clean River Project (including the screening and disinfection satellite treatment facility).
B. 
Description of Alienated Land. The lands referred to in § 251-14.1A of this article are located in the City of Albany, County of Albany and State of New York, and are described more fully in Chapter 283 of the Laws of 2019 of the State of New York, but this total of ±4.54 acres within Lincoln Park may be generally described as follows: 1) ±3.25 acres of land within Lincoln Park bounded on the east by Dr. Martin Luther King, Jr. Boulevard, on the west by Delaware Avenue, on the north by Park Avenue and on the south by the Thomas O'Brien Academy of Science and Technology (Parcel 1); and 2) ±1.29 acres of land situated within that part of Lincoln Park generally east of Dr. Martin Luther King, Jr. Boulevard for underground piping to connect Parcel 1 to underground piping located at the north side of Morton Avenue at its intersection with South Swan Street.
C. 
Description of replacement dedicated parkland. Pursuant to authorization granted by Chapter 283 of the Laws of 2019 of the State of New York, amending Chapter 450 of the Laws of 2018, the following described lands are hereby designated and dedicated as parklands within the City of Albany for public park and recreational purposes and incorporated into Lincoln Park: ±0.36 acres of land currently consisting of road right-of-way to be replaced with green space to enhance adjacent green space in the park, with the following legal description: beginning at a point on the easterly highway boundary of South Swan Street at its intersection with the southerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 36°43'44" east along said South Swan Street boundary, a distance of 83.65 feet to a point on the northerly boundary of the Park Avenue R.O.W. through Lincoln Park; thence north 73°26'19" east along said northerly boundary of the park avenue R.O.W., a distance of 232.31 feet to a point on the southerly boundary of Myrtle Avenue; thence south 52°56'42" east along said Myrtle Avenue, a distance of 124.83 feet to a point on the said southerly boundary of the Park Avenue R.O.W.; thence along the said southerly boundary of the Park Avenue R.O.W. the following three courses and distances: 1) north 76°21'52" west, a distance of 65.48 feet to a point; thence 2) along a curve to the left having a length of 78.66 feet, a radius of 165.46 feet and a chord of south 86°27'41" west, 77.92 feet to a point; and 3) south 73°26'19" west, a distance of 240.90 feet to the point of beginning, containing 0.36 acres of land more or less. The Mayor is hereby authorized to execute a deed to effectuate the dedication of this land for park purposes.
D. 
The ±0.36 acres of land referred to in § 251-14.1C of this article is hereby discontinued as road right-of-way.