[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneck 9-14-1988 by L.L. No. 15-1988, effective 9-19-1988. Amendments
noted where applicable.]
This chapter shall apply to all parks owned,
operated, licensed, used or otherwise under the control or supervision
of the Village of Mamaroneck.
Village parks shall open at 7:00 a.m. and shall
close at 10:00 p.m.
The following acts are prohibited within Village
parks, and no person shall:
A.
Cut, break or in any way injure or deface grass, shrubs,
flowers, trees, plants, posts, railings, chains, lamps, lampposts,
benches, signs, tree guards, buildings, structures or any other property
in or upon any Village park or of any paths, roads or roadways upon
or across the same.
B.
Distribute or display any commercial advertising material
or post any sign or placard of any type whatsoever in any Village
park without previous permission therefor from the Recreation and
Parks Commission.
C.
Have or carry while in a park, whether concealed on
his person, any pistol, air rifle, spring gun or other instrument
or other weapon in which the propelling force is air or a spring other
than an explosive, without previous permission therefor from the Recreation
and Parks Commission.
D.
Operate any hand sleds, bobs, carts, snowmobiles or
similar type vehicles, motorcycles, minibikes, trailbikes, motor scooters,
all-terrain vehicles or other vehicles on wheels or runners in any
park, except at such places as may be designated therefor.
E.
Use any bathing beach, tennis court, athletic field,
parking space or other park facilities without the permission of the
Recreation and Parks Commission.
F.
Cause or permit any dog or other animal owned by him/her
or under his/her custody or control to be in or upon any public park,
recreation area, athletic field or beach in the Village of Mamaroneck,
except as follows:
[Amended 12-15-1998 by L.L. No. 13-1998, effective 12-21-1998; 3-10-2003 by L.L. No. 1-2003, effective 3-20-2003[1]; 3-27-2013 by L.L. No. 4-2013, effective 4-4-2013; 10-13-2020 by L.L. No.
3-2020, effective 10-20-2020; 5-8-2023 by L.L. No. 7-2023, effective 5-15-2023]
(1)
In Harbor Island Park, between May 1 and November
1, a person holding a valid mooring or municipal dock permit may escort
the dog or other animal directly to and from a boat, on a leash not
exceeding six feet in length.
(2)
In Harbor Island Park, year-round, between 7:00 a.m. and dusk, dogs
are permitted in all areas of the park other than the playing fields,
playgrounds and the beach when under the supervision of a person having
custody or control of the dog and on a leash not exceeding six feet
in length.
(3)
Inside the Harbor Island Dog Park, dogs are permitted in accordance
with the rules and regulations established by the Village Manager.
(4)
In Harbor Island Park and in Columbus Park, Village-issued volunteer
or contracted "Goose Corps" licensed dogs are allowed to run off-leash
to chase geese and other nuisance animals out of the parks, and Goose
Corps dogs are allowed on the Harbor Island Beach for this purpose.
(5)
Police dogs are exempt from any prohibitions under this chapter.
[1]
Editor's Note: By resolution adopted 6-25-2012 (a complete
copy of which is on file in the Village offices), certain dog walking
prohibitions in Harbor Island Park were suspended through 6-30-2013,
unless extended or rescinded.
G.
Permit any animal owned, kept or harbored by him to
soil, deface or commit any nuisance in any public park or recreation
area located within the Village of Mamaroneck.
H.
Use, ride or drive a horse in any Village park.
I.
Throw, drive, cast, catch, kick or strike any ball
of any kind or other object, except in areas designated or maintained
therefor.
J.
Use ice skates or roller skates in the parks, except
at such places as may be designated therefor.
K.
Remain on the beach, bathe, wade or swim in any park
waters or waters adjacent thereto, except at such times and in such
places as the Recreation and Parks Commission may designate and unless
so covered with a bathing suit as to prevent any indecent exposure
of the person.
L.
Dress or undress in the parks, except in such bathhouses
as may be maintained by the Recreation and Parks Commission or at
such places as may be designated for that purpose by the Commission.
M.
Be entitled to use the facilities of any of the parks
of the Village which require a permit, pass or ticket therefor, without
first having a valid permit, pass or ticket issued to him. If such
a permit holder causes or allows such a permit, pass or ticket issued
to him to be used by any person not lawfully entitled to use same,
such permit, pass or ticket shall be forfeited.
N.
Have charge of, run or drive a boat propelled by steam,
naphtha, gasoline, diesel, propane, electric or other motor or engine
in, on or upon any waters subject to the jurisdiction of the Recreation
and Parks Commission, unless he shall first have obtained a permit
therefor from the Commission.
O.
Row or paddle a boat, canoe or raft in or upon any
waters subject to the jurisdiction of the Recreation and Parks Commission,
unless he shall first have obtained a permit therefor from the Commission.
P.
Burn or allow or permit the burning of an outdoor
fire, gas grill, charcoal or wood stove, with the exception of recreational
fires which have been approved in advance by the Recreation and Parks
Commission and/or the Village Manager.
Q.
Conduct any commercial enterprise without the advance
written approval of the Village Manager.
[Added 9-26-1994 by L.L. No. 8-1994,
effective 10-3-1994]
R.
Feed any geese or other waterfowl.
[Added 9-26-1995 by L.L. No. 12-1995, effective 10-2-1995]
S.
Smoke or burn tobacco, a tobacco substitute, or cannabis or concentrated
cannabis as defined in Cannabis Law § 3; carry burning tobacco,
a tobacco substitute, or concentrated cannabis as defined in Cannabis
Law § 3 in the form of a cigarette, cigar, pipe or any other
smoke-producing product or device; use electronic cigarettes, vapes,
or other similar products that rely on vaporization or aerosolization;
or dispose of tobacco or cannabis products, lit or unlit, including
cigarette butts, cigar butts, electronic cigarettes, vapes, or other
similar products, except in containers designated for that purpose.
[Added 4-16-2014 by L.L. No. 6-2014, effective 4-30-2014; amended 2-14-2022
by L.L. No. 3-2022, effective 2-28-2022]
A.
Any person who, with intent to provoke a breach of
the peace or whereby a breach of the peace may be occasioned, commits
any of the following acts within a Village park shall be deemed to
have committed the offense of disorderly conduct:
(1)
Congregates with others, or who is alone in a park,
and refuses to move on when ordered by any police officer, park patrolman
or any peace officer.
(2)
By his actions causes a crowd to collect, except when
a permit has been issued to address such a crowd.
(3)
Stations himself in a park or follows pedestrians
or passengers in any vehicle for the purpose of soliciting contributions
in a park without a permit.
(4)
Throws stones or other objects.
(5)
Interferes with, encumbers, obstructs or renders dangerous
any drive, path, walk, lawn, park or public place.
(6)
Climbs upon any wall, fence, shelter, seat, statue,
tree, shrubbery or other objects.
(7)
Enters or leaves, except at designated entranceways
or exits.
(8)
Introduces, carries or fires any firecrackers, torpedoes,
fireworks or pistols without possession of a valid permit.
(9)
Plays games of chance, except by permit.
(10)
Participates in the conduct of a lottery without a
permit.
(11)
Uses or operates any slot machine, gaming table or
instrument of chance without a permit.
(12)
Tells fortunes or futures.
(13)
Spits upon any walk, crossing, safety zone or the
floors of any structures, bridge, platform or stairway.
(14)
Casts, throws or deposits on any drive, walk, crossing,
path, safety zone, floor park surface or bathing beach any food, glass,
paper or other litter.
(15)
Leads, takes, allows or permits any dog or other animal on any bathing beach or in the waters adjacent thereto, notwithstanding the provisions of Subsection A(6), (7) and (8) of this section.[1]
[1]
Editor’s Note: By resolution adopted 6-25-2012, certain
dog walking prohibitions in Harbor Island Park are suspended through
6-30-2013, unless extended or rescinded. A complete copy of the resolution
is on file in the Village offices.
(16)
Possesses any open container containing any alcoholic
beverage other than at a Village-approved function where prior approval
to have alcoholic beverages has been given and subject to any requirements
of the New York State Liquor Authority.
B.
No person shall remain in any park in a vehicle or
otherwise between the hours of 10:00 p.m. and 7:00 a.m., except at
a Village-approved function and no later than 30 minutes after the
closing of such function.
C.
No person shall, without the permission of the Recreation
and Parks Commission, erect in any park any structure, stand or platform,
hold any meetings, picnics, perform any ceremony, make a speech, address,
harangue or exhibit to the public any dramatic performance or the
performance in whole or in part of any play, farce, minstrelsy, dancing,
entertainment, motion pictures, circus or any other exhibition of
acrobatics; engage in any parade, drill, maneuver or civic or other
procession; or run or race any horse or other animal or, being in
a vehicle, race with another vehicle or horse, whether such race is
founded on any stake, bet or otherwise.
D.
No person, except by printed or written sign or signs,
the form thereof to be approved by the Recreation and Parks Commission,
shall solicit passengers for any automobile, coach, taxicab, omnibus
or other vehicle.
E.
No person shall eat any basket lunch or hold, conduct
or participate in a basket party on any part of the beach or elsewhere
in a park, except in such portions designated and allotted for such
purposes by the Recreation and Parks Commission.
F.
No person shall fail, neglect or refuse to comply
with or obey the lawful direction or command of any park patrolman,
official or attendant of any instruction, direction, regulation, warning
or prohibition written or printed, displayed or appearing in a park
or in any enclosure, building or other structure or in any part thereof.
G.
No person shall sell or offer for sale any object
or merchandise or any other thing, whether tangible or intangible,
nor perform any personal service for hire in any park, except under
a written permit by the Recreation and Parks Commission and then only
at the place or places designated in the permit.
H.
No person shall engage in toy or model aviation or
radio-controlled aircraft or rockets and parachutes, model boating
or model automobiling, except at such times and at places designated
and maintained therefor by permit.
I.
No unauthorized person shall harm, disturb or annoy
any wildlife which may exist in the parks.
A.
The Village shall have the authority to regulate vehicular
traffic around Village park areas.
B.
No vehicles shall be allowed in a park, except at
places designated therefor.
C.
No person shall drive, operate or cause to remain
in a park during any part of the period between 10:00 p.m. and 7:00
a.m. any vehicle, the lights of which are not displayed in the same
manner as lights are required to be displayed upon vehicles when used
on public highways.
D.
Whenever any park patrolman, official or attendant
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 direction.
E.
No person shall fail, neglect or refuse to comply
with any instruction, direction or regulation displayed upon any post,
standard sign or marking on any drive or other device installed or
placed for the regulation of traffic in a park.
F.
No person shall cause or permit a vehicle in tow of
another vehicle to enter a park or proceed therein, except that, in
case of a breakdown, a disabled vehicle may be towed to the nearest
exit.
G.
No person shall ride a bicycle, tricycle or other
self-propelled or motor-driven vehicle or toy upon any walk or footpath.
H.
No person shall operate or park a motor vehicle in
a park with any object placed or hung in or upon the vehicle, except
required or permitted equipment of the vehicle, in such a manner as
to obstruct or interfere with the view of the occupants through the
windshield or to prevent them from having a clear and full view of
the area surrounding such vehicle.
I.
No person shall operate or drive a motor vehicle,
trailer, snowmobile, all-terrain vehicle or motorbike over any grass
area in any park in the Village or park a motor vehicle, trailer,
snowmobile, all-terrain vehicle or motorbike upon any grass area in
any park in the Village, except by permission received from the Village
Manager or by Village employees engaged in park maintenance.
J.
No person shall park any motor vehicle upon any road,
path or place in any Village park, except in such places therein designated
as parking areas.
K.
Parking permit areas are established within the Harbor Island Park, with fees as set forth in Chapter A347 of the Village Code for such permits, with penalties as set forth in § 326-66.
[Added 5-27-2010 by L.L. No. 15-2010, effective 6-11-2010]
L.
Exceptions
to parking permit requirements within Harbor Island Park may be authorized
by the Village Manager upon request.
[Added 5-27-2010 by L.L. No. 15-2010, effective 6-11-2010]
A.
No person shall bring, land or cause to descend or
alight within or upon a park or any portion thereof any airplane,
helicopter, flying machine, balloon, parachute or other apparatus
for aviation.
B.
No person shall operate any airplane, flying machine,
balloon or other apparatus for aviation over any park of the Village
of Mamaroneck at an altitude of less than 1,000 feet above the ground.
C.
No person operating any airplane, flying machine,
balloon or other apparatus for flying shall engage in any stunt flying
or in the giving of any aerial exhibition over any park in the Village
of Mamaroneck without first obtaining a permit therefor from the Recreation
and Parks Commission.
[Amended 3-27-2013 by L.L. No. 4-2013, effective 4-4-2013]
A.
Members of the Village of Mamaroneck Police Department
and any other police agency or peace officer acting under authority
of the Village of Mamaroneck Police Department, and the Village of
Mamaroneck Harbor Master, shall, in connection with their duties imposed
by law, diligently enforce the provisions of this chapter.
B.
The Chief of Police, or his designated representative,
and the Village Manager, or his designated representative, shall,
in the interest of public safety, have the authority to close a park
to the public in the event of an emergency.
C.
Members of the Village of Mamaroneck Police Department
and any other police agency or peace officer acting under authority
of the Village of Mamaroneck Police Department, and the Village of
Mamaroneck Harbor Master, shall have the authority to eject from a
park any person acting in violation of this chapter.
D.
Any police officer, auxiliary police officer or peace
officer acting under authority of the Village of Mamaroneck Police
Department shall have the power to seize and confiscate any property,
contraband, thing or device in a park, which is used in violation
of this chapter.
E.
The Village of Mamaroneck reserves the right to revoke
any permit issued, as provided for herein, if the permittee is determined
to be in violation of any of the provisions of this chapter by the
Recreation and Parks Commission, after a hearing upon due notice to
the permit holder, who shall be afforded an opportunity to be heard
in his defense.
[Amended 3-27-2013 by L.L. No. 4-2013, effective 4-4-2013]
A.
A violation of any provision of this chapter shall
be punishable by a fine not to exceed $250, or by imprisonment for
not more than 15 days, or both. Further, where appropriate, those
found guilty of committing acts of defacement or vandalism may be
required to restore the property so damaged.
B.
In addition, a violation of this chapter shall constitute
disorderly conduct, and the person violating same shall be a disorderly
person.
