[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:
A park or any other area owned or used by the Town of Wallkill devoted
to active or passive recreation.
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.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
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.
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.
(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]