[HISTORY: Adopted by the Board of Trustees
of the Village of Westbury 4-21-1977 by L.L. No. 4-1977 (Ch. 33, Art. II, of
the 1964 Code); amended in its entirety 8-21-2003 by L.L. No. 6-2003.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks Commission — See Ch. 42.
For the purpose of this chapter, the terms used
herein are defined as follows:
The Commission established by Chapter 42 of the Westbury Code.
Includes all parks, playgrounds, athletic fields, swimming
pools, tennis courts, picnic areas, indoor facilities and other recreation
areas and facilities owned or controlled by the Village and under
jurisdiction of the Village Board, the Parks Commission or the Superintendent
of Recreation of the Village and such other rights and appurtenances
as the Village may utilize, whether the same is now or hereafter owned
or acquired by the Village in fee or otherwise, including all land
under and space above the surface of the ground.
Any natural person who resides in the Village.
A.
The use of recreation facilities shall be restricted
to:
(1)
Residents of the Village.
(2)
Lessees or owners of property located within the village.
(3)
Employees of such lessees or owners who are regularly
employed within the village.
(4)
Guests of residents of the village.
(5)
Staff members of the Parks Department, whether paid
or volunteer.
(6)
In the case of recreation activities cosponsored with
other organizations, the members of such other organizations who are
participating in such cosponsored activities while actually participating
therein.
B.
No person under eight years of age shall be admitted
to any recreation facility unless accompanied by a person at least
16 years of age or such other age as may be determined by resolution
of the Parks Commission, and such companion shall assume full responsibility
for the safety and conduct of such minor.
Recreation facilities shall be opened and closed
at the time and hour designated by the Parks Commission. Opening and
closing times for particular areas and activities shall be determined
by the Superintendent of Recreation. Signs with the designated opening
and closing times and hours shall be posted for the convenience and
information of the public.
A permit for the use of any recreation facility
shall authorize the same only insofar as it may be utilized in strict
accordance with the terms and conditions of said permit. Any violation
by its holder of any terms or conditions shall constitute grounds
for revocation by the Parks Commission or its authorized representative.
Applications for all permits shall be made to the Parks Commission
at the office of the Recreation Center or in such other manner or
place as the Parks Commission shall direct.
The Superintendent of Recreation is authorized
to issue official identification entrance permits to residents upon
request therefor and to require that such permits be exhibited before
any person or vehicle is admitted to a recreation facility. Any false
statements contained in the application for official identification,
any alteration in such identification or the misuse of such identification
by permitting it to be given to or displayed by a person other than
the person so identified in such official entrance permit shall constitute
grounds for its revocation by and surrender to the Superintendent
of Recreation or his authorized representative.
No person shall make use of or gain admittance
to or attempt to use or gain admittance to any recreation facility
of any park for the use of which a charge or fee is established by
the Parks Commission unless such person shall pay the charge or fee
so established.
Neither the village nor its employees, including
voluntary staff, shall be responsible for loss, damage or theft to
vehicles or their contents, to bicycles or to other personal property
of patrons or others occurring in any recreation facility.
It shall be unlawful for any person to do any
of the following acts or to aid and abet another to do such acts in
any recreation facility:
A.
Advertising; soliciting contributions: to post, distribute,
cast about or affix to or insert, in or upon any property, building
or vehicle located in a park or recreation facility, handbills, circulars,
advertisements or other matter for commercial advertising purposes,
except when and in the manner authorized by the Superintendent of
Recreation; to solicit alms or contributions for any purpose.
B.
Alcoholic beverages: to bring into any recreational
facility or to possess or consume therein any alcoholic beverages,
except in picnic or concession areas expressly designated by the Superintendent
of Recreation and appropriately posted by signs.
C.
Animals: as the owner or custodian of any animal,
to cause or permit such animal to enter or remain in a recreation
facility, except when such animal is part of a show or contest then
being conducted therein under the auspices, and then only in accordance
with the rules, regulations or directions of the Superintendent of
Recreation.
D.
Assemblies; parades: to erect any structure, stand
or platform, hold any gatherings or assemblies, perform any ceremonies,
make a speech or address, exhibit any performance or form or conduct
any parade or procession in any recreational facility, except pursuant
to a special permit issued for such conduct by the Village Board.
E.
Business activities: to peddle, solicit, vend, exhibit,
offer or expose for sale any merchandise or services of any kind,
except by concession operators or vendors expressly authorized by
the Parks Commission.
F.
Camping: to camp or tent or erect or maintain a tent,
shelter, camp or camping vehicle in any recreation facility, except
pursuant to a special permit issued for such purpose by the Parks
Commission.
G.
Fires; fireworks: to kindle, build, maintain or use
a fire, except in fireplaces or receptacles provided for that purpose;
to possess, handle or ignite fireworks or to possess or carry firearms,
knives, clubs or weapons, except pursuant to a special permit issued
for that purpose by the Parks Commission.
H.
Games and sports: to play or practice golf, archery
or horseshoe pitching; to use roller skates or ice skates, skateboards,
motorized bikes, mopeds, scooters, minibikes or carts; to engage in
toy aviation, kite flying or other dangerous activities; to throw
or use any type of ball, bean bag, frisbee or other object; or to
play any game or sport in a recreation facility, except in such areas
thereof expressly designated for such activity by the Superintendent
of Recreation and posted with appropriate signs.
I.
Injury to property: to injure, deface, displace, remove,
fill in, raise, destroy or tamper with any sign, structure, building,
equipment, fence, gate, drive, path, walk, appurtenance or facility
in a park; to take up, remove, carry away or move any tree, shrub,
plant, flower, turf or other material or substance from or within
a recreation facility, except with the express permission or at the
direction of the Parks Commission.
J.
Littering: to take into, carry through, leave in,
throw, lay, drop or discharge, into or on a recreation facility, any
metal or glass container, refuse, garbage, paper, rubbish or other
waste, except in containers or receptacles provided for that purpose;
to dump or leave, in or upon a recreation facility, soil, sand, gravel,
stone, metal, concrete or other object or substance, except by express
permission or at the direction of the Parks Commission.
K.
Picnicking: to picnic or consume food or beverages
of any kind, except in areas expressly designated for that purpose
by the Superintendent of Recreation and so posted by signs.
L.
Photography: to take photographs, either still, motion
or videotape, for commercial purposes, except within the express permission
of the Village Board.
M.
Repairing vehicles: to repair any motor vehicle or
motorcycle in a recreation facility, except to perform such minor
and emergency repairs as are required to enable said vehicle or motorcycle
to be removed from a recreation facility when disabled therein.
N.
Other violations: to violate any rule, regulation
or instruction adopted by the Village Board, the Parks Commission
or the Superintendent of Recreation for the public health, safety
or good order of patrons of recreation facilities and prominently
posted therein by an appropriate sign prominently displayed.
All rules of the road contained in the Vehicle and Traffic Law shall apply to the operation of vehicles within parks. Vehicle operators and bicycle riders shall, in addition, obey all directions for control of traffic and parking as may be from time to time posted by signs and all directions of village employees or parties authorized by the Superintendent of Recreation to act as parking attendants. The maximum speed limit on any road or driveway or in any parking area in any recreation facility shall be five miles per hour. No vehicle or bicycle shall be operated in recreation facility areas other than on roads, driveways or parking areas therein and then only in accordance with signs and road markings thereon. The provisions of Chapter 237, Vehicles and Traffic, of this Code, except as inconsistent herewith, shall apply to operation and parking of motor vehicles within recreation facilities. No bicycle or carriage or other object shall be left where it will obstruct any walk, gate, doorway or parking area.
Every person in a recreation facility shall
conduct himself or herself in an orderly manner and shall endeavor
to cause no discomfort or inconvenience to any other person or patron.
Any violation of this chapter or any part thereof
shall constitute disorderly conduct, and any person violating any
of the provisions hereof shall be and is hereby declared a disorderly
person. Any person violating this chapter or any part thereof shall
be liable for and forfeit and pay a penalty not exceeding $250 for
each offense, except as otherwise provided herein. In addition to
being subject to any other penalty provided for herein, such person
so violating this chapter or any part thereof may be forthwith removed
from any park or recreation facility by the person in charge thereof
and may be barred from further use of such park or recreation facility.
[Added 6-6-2013 by L.L. No. 2-2013; amended 3-6-2014 by L.L. No.
5-2014]
A.
Criminal history check.
(1)
No person shall be hired by the Village of Westbury as a full-time
or part-time employee in the Parks and Recreation Department, or in
any other position where the Village Clerk determines that a substantial
part of the duties of such position involves contact with minor children,
unless such person first has undergone a criminal history check performed
by the New York State Division of Criminal Justice Services.
(2)
Prior to hiring any person described in § 194-12A(1) hereof, the person shall submit his/her fingerprints to the New York State Division of Criminal Justice Services in the form and manner as described by the Division of Criminal Justice Services, and the Village shall forward the applicable fee for said service.
(3)
The Village Clerk and the Deputy Village Clerk shall be responsible
for reviewing the criminal history record information report disseminated
by the Division of Criminal Justice Services.
(4)
If a prospective employee has been convicted of a felony and/or a
misdemeanor, any decision regarding such prospective employee's
fitness for a position shall be made upon consideration of New York
Correction Law §§ 701 through 703-b and 751 through
753.
B.
Drug and alcohol testing.
(1)
No person shall be hired by the Village of Westbury as a full-time
or part-time employee in the Parks and Recreation Department, or in
any other position where the Village Clerk determines that a substantial
part of the duties of such position involves contact with minor children,
unless such person first has undergone a drug and alcohol test performed
by a drug and alcohol testing facility selected by the Village.
(2)
Prior to hiring any person described in § 194-12B(1) hereof, the person shall submit to drug and alcohol testing at a testing facility selected by the Village, in the form and manner as directed by said testing facility, and the Village shall forward the applicable fee for said service.
(3)
The Village Clerk and the Deputy Village Clerk shall be responsible
for receiving and reviewing the report from said drug and alcohol
testing facility.
