[HISTORY: Adopted by the Town Board of the Town of Esopus 7-16-2009 by L.L. No.
4-2009.[1] Amendments noted where applicable.]
This article shall be known and may be cited as the "Town Park
Law of the Town of Esopus."
A.
PARK or PARKS
As
used in this article, the following terms shall have the meanings
indicated:
Includes all parks, playgrounds, athletic fields, community
centers, swimming pools, beaches, Town-owned lands and underwater
land owned by the Town of Esopus and used for recreational purposes,
and other recreation areas under the jurisdiction of the Town Board,
such other rights and appurtenances as the Town Board may utilize,
whether the same is now or hereafter owned by or acquired by the Town
of Esopus in fee or otherwise, including all land under and space
above the surface of the ground.
B.
The
Town Board hereby delegates to itself the authority to carry out the
spirit and intent of this article.
Use of Town parks shall be restricted as follows:
A.
Town
parks, playgrounds, athletic fields, community centers, swimming pools,
or beaches are for the use of Town residents, their guests, and other
visitors to the Town. Only Town residents shall have the right and
ability to reserve the pavilion at Freer Park, Ross Park, and the
Community Center at Town Hall. Deposits and/or fees for usage shall
be determined, from time to time, by the Town Board. The Town of Esopus
Town Board shall designate the area to be occupied. Reservations take
precedence for use of facilities. Reservations are for the community
room, the pavilions, or portions thereof only. Except as set forth
herein, recreation and park areas are open to the public at all times
during open hours.
B.
The
Town Board shall, from time to time, determine by resolution which
Town beach or beaches shall be restricted to Town residents and which
shall be open to the general public and shall fix the amount of the
fee or fees to be charged to nonresidents for admission to those beaches
or pools designated as open to the general public.
C.
Trucks
or buses shall be admitted to any of the parks by special permission
from the Town Board granted through its duly appointed park employee.
D.
A
resident of the Town of Esopus is a person who resides in the Town
of Esopus.
E.
Use
of any boating and docking facilities which may be provided by the
Town in any of the Town parks shall be subject to the payments of
such fees and charges as the Town Board may, from time to time, establish
by resolution, and to such rules and regulations for the proper and
efficient operation of said facilities as the Town of Esopus Town
Board may see fit to impose. Such rules and regulations shall be posted
on a sign or bulletin board within each park where such facilities
are provided. Any violation thereof shall be deemed a violation of
this chapter.
Town of Esopus parks and beaches will open at dawn and close
at dusk for the season dates specified periodically by the Town Board.
Out of season, gated parks shall be available to pedestrian access.
The park at Sleightsburgh will be available out of season to Town
residents only. Residents will be able to access its use through the
use of a key. The Town Clerk of the Town of Esopus will collect a
deposit and issue a key with proper identification. The deposit will
be refunded upon return of the key. The amount of the deposit will
be determined by the Town Board.
The determination as to what is proper use of Town parks, beaches
and community centers is the responsibility of the Town of Esopus
Town Board. Any resident person or resident group wishing to secure
the use of the parks, community centers, or beaches for a civic or
private function must make a request at the Town Hall of the Town
of Esopus with the Town Clerk, at least one week in advance of the
planned event. The Town of Esopus Town Board reserves the right to
approve or disapprove requests for use of the parks, community centers,
or beaches. Reservations will be given to Town residents and organizations;
proper identification will be required.
No person shall make use of or gain admittance to or attempt
to use or gain admittance to the facilities of any park for the use
of which a charge is made by the Town Board unless he shall pay the
charge or fee as fixed by the Town Board.
The Town will not be responsible for loss, damage or theft to
cars and their contents, to private property nor to the contents of
lockers. Such loss, whether inside of buildings or on the grounds
of the parks or beaches, shall be the patron's responsibility.
No person shall bathe, wade or swim in any waters of any park
or beach.
No person shall operate a boat, vessel or other watercraft or
contrivance used or capable of being used as a means of transportation
in water or air upon any of the waters within the Town of Esopus or
upon any of the waters under the jurisdiction of the Town Board, which
said operation causes discomfort or inconvenience to any person or
patron by reason of speed, noise or causing the disturbance of the
land under the waters. No boat or vessel or other craft or contrivance
for the purpose of towing skis or any other form of aquatic sports
or games shall be operated within 500 feet of the shoreline of any
beach. No boat, vessel or other watercraft or contrivance may park,
dock or launch, except in areas designated by the Town of Esopus Town
Board. Parking is prohibited at all designated boat launch areas.
A.
The Town of Esopus Town Board shall designate the area to be occupied
and shall regulate the use of recreational facilities under the supervision
of the Town of Esopus Town Board so as to prevent congestion and shall
distribute patrons of the park over the park area in order to ensure
the maximum use of the park area and on behalf of the comfort of said
patrons. All organized picnics and outings which require the use of
any pavilion or community room shall first obtain a special permit
at the Town Hall from the Town Clerk.
B.
No person shall erect any structure, game, trampoline, entertainment
device, stand or platform in any park except by special permit from
the Town of Esopus Town Board.
Fishing is permitted only in designated areas of any park or
beach area.
No person shall kindle, build, maintain or use a fire within
the confines of any park except in grills provided for that purpose
by the Town or in suitable grills with fuel provided by the individual
and approved by the park attendant. No person shall remove any grill
placed in a park by the Town from the location where placed by the
Town to any other location within or without the park. No fire in
any park shall be started, kindled or maintained by any person under
the age of 21 years, and any person who starts or kindles any fire
shall keep it under his continued care and direction and shall extinguish
it.
Dangerous activities such as toy aviation, golf playing or driving
or model boating are strictly prohibited in any park or beach area.
No person shall tent or camp or erect or maintain a tent, lean-to,
shelter or camp in any park except by special permit of the Town of
Esopus Town Board.
Animals are allowed in the parks only if they are leashed and
under the control of their owner or custodian. Any waste from animals
must be cleaned up by the owner or custodian immediately, or the owner
or custodian will be subject to a $100 fine. Fines will be strictly
enforced.
No person shall solicit alms or contributions for any purpose.
No person shall post, distribute, cast or leave about any bills, placards,
tickets, handbills, circulars or advertisements or any other matter
for advertising purposes. No vendors, etc., will be allowed on a beach
or park property without a special permit from the Town of Esopus
Town Board.
No person shall leave, throw, lay, drop or discharge into or
on the parks or on the beaches any tin cans, bottles, refuse, garbage,
rubbish or waste. Papers, cartons or any other type of litter must
be placed in receptacles for that purpose. No glass containers of
any sort shall be allowed in the parks or on beaches. Certain parks
or beaches are strictly carry-in, carry-out areas, indicated by signage
and subject to fines for failure to comply.
No person shall deface, injure, displace, remove, fill in, raise,
destroy or tamper with any drive, path or walk; take up, remove or
carry away trees, shrubs, turf or any material or substances; or remove
or destroy any structure, building or any appurtenance connected with
the park or any other property or equipment, real or personal, owned
by the Town of Esopus or under the jurisdiction and control of the
Town of Esopus Town Board.
There shall be no motorized vehicles of any kind permitted on
the park and beach properties except in authorized parking areas.
Vehicles will only be permitted in the parks and beach for necessary
maintenance or for use of specified groups with permission of the
Town of Esopus Town Board.
Every person shall conduct himself in an orderly manner and
shall endeavor to cause no discomfort or inconvenience to any other
person or patron in the parks and beach areas.
Any person who shall violate the provisions of this article
or the rules and regulations adopted hereunder shall be guilty of
an offense and shall be liable to a fine not exceeding $250 or imprisonment
for a term not exceeding 15 days, or both.
It is the intent of the Town Board of the Town of Esopus, in
the exercise of its police powers, to promote the general health,
safety and welfare of the residents of the Town by enacting this article.
Any person or organization applying for an alcohol permit agrees to
defend, indemnify and hold harmless the Town of Esopus, its officers,
agents, servants and employees from any and all causes of action,
claims, damages, and judgments whatsoever arising out of their use
of the parks when alcohol is being served at an event. In the future,
the Town may mandate the issuance of a policy of liability insurance
for any individual or organization intending to serve alcohol. Said
insurance policy would name the Town as an additional insured.
This article shall be known and may be cited as the "Town Parks
Alcoholic Beverages and Illegal Substances Law."
A.
No person shall have, possess or drink, sell, carry or transport
any liquor, wine, beer or other alcoholic beverage in an open bottle
or other open container in the Town parks of the Town of Esopus.
B.
No person shall possess, sell, consume or use any beer, wine, liquor
or any controlled substance, drug, stimulant, depressant or hallucinating
agent within any parks or on other public lands.
A.
Anything to the contrary herein notwithstanding, in the event that
any individual or organization desires to have, distribute or consume
alcoholic beverages in the Town parks, Town of Esopus, said individual
or organization must apply to the Town Board, Town of Esopus, or its
duly authorized representatives, for a permit therefor at least seven
days prior to the date scheduled for using such beverage. A fee may
be charged for the granting of said permit. A fee for the permit shall
be determined, from time to time, by the Town Board. Any individual
or organization applying for a permit to serve alcohol agrees to defend,
indemnify and hold harmless the Town of Esopus, its officers, agents,
servants and employees from any and all causes of action, claims,
damages, and judgments whatsoever arising out of their use of the
park when alcohol is being served at an event.
B.
A permit shall be issued only upon the following conditions:
(1)
Such individual or organization, by its duly authorized agent, must
agree, in writing, to assume full responsibility for supervising the
conduct of the group or individuals benefiting from such permit and
to properly clean up and restore the premises after use to their prior
condition. The permit shall be available for display upon the request
of any police or enforcement officer, or by the request of a Town
Board member.
(2)
Such individual or organization must further agree, in writing, that
adequate precautions shall be taken to ensure that minors will not
be served or allowed to consume alcoholic beverages at the permitted
event or gathering.
(3)
No alcoholic beverages shall be distributed or consumed other than
on the specific premises described in the permit and only during the
time stated therein.
(4)
No permit shall be issued to any individual or organization which
has previously been issued a permit and has failed to comply with
the provisions thereof, except when authorized by the Town Board.
(5)
No alcohol shall be sold.
(6)
The Sheriff's Department will be notified by the Town Clerk
when a permit is issued, identifying the organization or individual
requesting the permit, and the date and time of its specific usage.
No person shall discard alcoholic or other beverage containers
within the Town parks, except in appropriate Town trash receptacles.
The violation of any of the provisions of this article shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment. Each day any violation
shall continue shall constitute a separate violation.
Should any section or provision of this article be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect or impair the validity of this article as a whole or any
part thereof other than the particular provision as declared to be
unconstitutional or invalid.
This article shall take effect immediately upon filing with
the Secretary of State.
