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Town of Wallkill, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 12-12-1974 by L.L. No. 2-1974]
This article shall be known and may be cited as the "Parks Law of the Town of Wallkill."
This article shall apply to all parks owned, operated, licensed, used or otherwise under the control or supervision of the Town of Wallkill at the time of enactment or in the future.
For the purposes of this article, the terms used herein are defined as follows:
PARK
A park or any other area owned or used by the Town of Wallkill devoted to active or passive recreation.
PERMIT
Any written license issued by or under the authority of the Town Board permitting the performance of a specified act or acts of the conduct of a particular function, program or activity.
PERSON
Any natural person, corporation, company, association, joint-stock association, firm, copartnership or other entity or form of association.
VEHICLE
Any vehicle propelled by power of any nature, including but not limited to, motorcars, motorcarts, motorcycles, snowmobiles, bicycles, wagons, go-carts and all-terrain vehicles.
[Amended 11-15-1990 by L.L. No. 16-1990]
The following acts are prohibited, and no person shall:
A. 
Injure, deface, disturb or befoul any part of a park or any building, sign, equipment or other property therein, nor remove, injure or destroy any tree, flower, shrub, rock or other mineral found therein.
B. 
Set fire or assist another to set fire to any trees, shrubs, grass, leaves or growth or any other combustible material or suffer any fire upon other land to extend onto any part of a park.
C. 
Throw, cast, lay, drop, discharge, deposit, bring into or leave in any part of a park any garbage, sewage, refuse, waste or other obnoxious material otherwise than in receptacles or pits provided for such purpose.
D. 
Drive, use, operate, propel or cause to be driven, used or operated any vehicle anywhere within a park.
[Amended 11-15-1990 by L.L. No. 16-1990]
E. 
Park, operate or store any motorcar, motorcycle, snowmobile, bicycle, wagon or other vehicle within a park, except in places designated for such purposes.
F. 
Use loud, boisterous or indecent language or interfere with any officer or agent of the town in the performance of his duty.
G. 
Conduct himself in such a manner as to:
(1) 
Endanger the life, limb or property of the other visitors to the park.
(2) 
Be offensive or injurious to the morals of any person frequenting the park.
H. 
Introduce or carry any firecrackers, firearms or fireworks in a park or throw, cast, kick or strike any baseball, golf ball, football, basketball or other object, except in places designated therefor.
I. 
Loiter or remain within the park or any part thereof in a vehicle, or otherwise, after the posted closing hours at such park without general or special permission.
J. 
Bring, carry, allow, accompany or transport, in any manner, any dogs, cats or other animals, whether leashed or unleashed, into a public park for any purpose whatever.
A. 
Hours. Parks shall be open to the public every day of the year from 8:00 a.m. to sundown unless otherwise designated by the Town Board. Any person found in a park after sundown shall be in violation of this article.
B. 
Permits to use parks.
(1) 
Groups of 15 or more persons using a park shall apply for a permit at least 14 days prior to the day requested.
(2) 
Applications shall be filed with the Town Clerk.
(3) 
The Town Board shall issue a permit if it finds that:
(a) 
The proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park or with the health, welfare or safety of others.
(b) 
The proposed activity or use is not reasonably anticipated to incite disorderly conduct.
(c) 
The facilities desired have not been reserved for other use on the day and at the hour requested in application.
(d) 
A refundable deposit is posted as security against damage to park facilities. This deposit may be required at the discretion of the Town Board in an amount to be determined by the Town Board in view of the circumstances of the application.
(4) 
Liability insurance may be required for groups using the park facilities on a periodic scheduled basis.
(5) 
Within seven days after receipt of an application, the Town Board shall apprise an applicant, in writing, of the reason for refusing a permit.
(6) 
Effect of a permit.
(a) 
A permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit.
(b) 
The permit shall cover use of the described site only and shall not include permission to use any other area.
(7) 
The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of negligence of the person or persons to whom such permit has been issued.
(8) 
The Town Board shall have the authority to revoke a permit upon finding a violation of any rule or ordinance or upon good cause shown.
[Added 4-14-1983 by L.L. No. 6-1983]
A. 
All fees required to be paid pursuant to this article shall be set by resolution of the Town Board.
[Amended 3-23-2006 by L.L. No. 3-2006]
Number of People
Fee Required
0 - 50
$25.00
50 - 100
$50.00
100 - 400
$100.00
400 - 500
$150.00
B. 
One-half of said fee in each case shall be retained by the town to cover the reasonable costs of upkeep, repair and maintenance to said park and pavilion, and said fees may be changed by resolution to the Town Board, from time to time, as the Board deems fit.
A. 
A violation of any provision of this article shall be punishable by a fine not to exceed $500 for each violation. In addition thereto, the actual cost of any damages to town property shall be against the party responsible for the same.
[Amended 11-15-1990 by L.L. No. 16-1990]
B. 
The Town Board also ordains that a violation of this article shall constitute disorderly conduct and the person or persons violating the same shall be a disorderly person or persons.
C. 
In addition to all other remedies, the Town Board may also enforce obedience to this article by injunction.
D. 
Any vehicle used in a town park in violation of this article shall be immediately impounded by the town police and held until all charges for any violations hereunder have been judicially terminated. During that time, a fee of $40 per day shall be charged for storage of said vehicle by the owner. Said vehicle may be sold by the town to satisfy the cost of any unpaid storage charges or to satisfy the cost of any damages to town property as determined by the court.
[Added 11-15-1990 by L.L. No. 16-1990]