[HISTORY: Adopted by the Town Board of the
Town of Ithaca 3-11-2002 by L.L. No. 4-2002. Amendments noted where
applicable.]
This chapter amends and restates Local Law No.
1 for the Year 1980 and No. 1 for the Year 1982 as the same may have
been amended from time to time. To the extent there is any inconsistency
between the terms of this chapter and the above referenced local laws,
the terms of this chapter shall prevail.
The Town of Ithaca, in order to provide for
balanced Town development and to safeguard and promote the general
health and welfare of the community, has established a variety of
park areas, trails and facilities. Such park areas, trails and facilities
vary greatly in size, development, and appropriateness of various
activities. To enhance and promote the safety and enjoyment of each
individual in the use of Town of Ithaca parks, trails, and facilities,
and to assure each individual equal opportunity in the use and enjoyment
of such facilities, the rules and regulations of this chapter are
established to govern the conduct of the public with respect thereto.
A.
No persons shall use any Town of Ithaca park facilities
or trail facilities during the period commencing 1/2 hour after
sunset and ending 1/2 hour prior to sunrise. Notwithstanding
the foregoing, the Town Board, the Town Highway Superintendent, or
the Town Parks Maintenance Manager may prohibit use of any park or
trail facility at any time, or close a park or trail at any time,
for purposes of repairs, or for safety during certain seasons of the
year, or at any other time when reasonably necessary for the safety
of the public, the users, or the community. Notices of closing at
hours other than the normally closed hours, except in an emergency,
shall be posted conspicuously on or about the park or trail facility.
B.
All users of the parks and trails will behave in a
reasonable and responsible manner at all times and will take due account
of the presence of other persons using the facilities, especially
when choosing a site to picnic or play field games.
[Amended 11-18-2013 by L.L. No. 10-2013]
C.
Any person having custody or control of a minor will
be responsible for ensuring that such minor complies with the rules
and regulations of this chapter.
D.
Minors under six years of age shall at all times be
under the supervision and control of a parent, guardian, or responsible
adult.
E.
Domesticated household pets are allowed on Town of
Ithaca parks or trails provided that the pet shall at all times be
caged or restrained by a leash or other device. Animals shall at all
times be under the supervision and control of the owner or person
having custody of the animal. Owners shall clean up any feces or other
bodily waste emanating from such animal.[1]
[Amended 11-18-2013 by L.L. No. 10-2013]
[1]
Editor's Note: Former Subsection F, which required field games
to be played only in designated areas, and former Subsection G, which
permitted picnics only in designated areas, both of which immediately
followed, were repealed 11-18-2013 by L.L. No. 10-2013.
The following rules shall apply to the use of
Town trails:
A.
The trails shall be used only for bicycle traffic
and pedestrian traffic either on foot or with snowshoes or with cross-country
skis with cross-country type bindings, and for no other purposes except
as otherwise specifically authorized by this chapter. For purposes
of this chapter, "bicycles" shall be defined as every devise propelled
by the feet acting upon pedals and having wheels any two of which
are more than 14 inches in diameter. Specifically excluded from the
definition of bicycles shall be any device which is (or may be) motorized
notwithstanding the fact that it may also be propelled by feet acting
upon pedals. Notwithstanding the foregoing, wheelchairs, including
motorized wheelchairs, may be used by persons who suffer from a disability
that requires the use of a wheel chair to move about.
B.
The trails shall be used only for continuous travel
and passage. Without limiting the foregoing, the following acts are
prohibited on the trails: loitering, picnicking, littering, or otherwise
depositing or dropping objects on the trail, the tossing of balls
or other objects, playing games or other recreational use.
C.
Both bicycle and pedestrian traffic shall keep to
the right of the center of the trail and travel in a single file when
passing oncoming traffic. Upon overtaking another bicycle or pedestrian,
bicyclists shall signal and proceed to pass with due care. Pedestrians
shall yield to bicycles.
D.
On those trails where horseback riding is permitted,
horses shall travel in a single file and keep to the right of the
center of the trail when passing oncoming traffic. Upon overtaking
horses, bicyclists shall signal and proceed to pass with due care,
minimizing the startling of the horses. Horses overtaking pedestrians
shall be walked past any pedestrians. Bicyclists and pedestrians shall
yield to horses. Horses shall be under control of the rider at all
times.
E.
No bicycle should be used to carry more persons at
one time than the number for which it is designated and equipped.
F.
Whenever a trail intersects a street, highway, walkway
or other thoroughfare, traffic on the trail shall come to a complete
halt before proceeding to cross said thoroughfares. Bicyclists and
pedestrians shall observe all other applicable state and local laws,
rules and regulations relating to the crossing of any thoroughfare
and the use thereof.
No person shall in a Town park, on a Town trail,
or in or on any other Town recreational facility:
A.
Cause any rubbish, garbage, refuse, organic or inorganic
waste, or other offensive matter or any abandoned property or material
to be left in or on any such Town park or trail facility.
B.
Make an excavation or injure, destroy, deface, remove,
fill in, tamper with, or cut any real or personal property, tree or
other plant life, or otherwise alter in any way the condition and
appearance of any park or trail property, real or personal, except
for the picking of edible berries and except as may be otherwise allowed
by this chapter.
C.
Operate any motor vehicle, including cars, trucks,
minibikes, trail bikes and mopeds outside of designated parking areas
and roadways; park any motor vehicle on grass, except where the designated
parking area is grass; or operate a snowmobile on Town park or trail
property.
[Amended 12-7-2009 by L.L. No. 22-2009[1]]
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
D.
Ride a bicycle or other wheeled device in a park facility
except on a road, designated parking area, or a designated bikeway.
E.
Introduce, possess, discharge or use rifles, guns,
revolvers, or other firearms or weapons, fireworks, explosives, traps,
archery equipment, or any other dangerous instrument, or any instrument,
weapon, or ammunition the propelling force of which is a spring, rubber,
gas, or air, or any other dangerous force.
F.
Commit any act which may result in injury to any person
or damage to real or personal property or create a hazardous condition.
G.
Engage in or encourage fighting or violent or threatening
behavior.
H.
Make any unreasonable noise, including the making
of unreasonable noise with the use of any device capable of amplifying
sound such as musical instruments, radios, tape cassette players,
loud speakers, CD players, and public address systems.
I.
Engage in camping.
J.
Make or maintain a fire other than in cooking grills
erected and maintained by the Town for cooking purposes, but if there
is no such equipment available, a person may make a fire in a grill
or fire containment equipment made of metal but only in picnic areas,
with all such fires to be completely extinguished after use. Notwithstanding
the foregoing, the Town Highway Superintendent or the Town Parks Maintenance
Manager may prohibit the making of a fire at any time.
K.
Throw away or discard any lighted match, cigar, cigarette,
charcoal, or any other burning object.
L.
Distribute leaflets or other printed or written material.
M.
Advertise, promote, or conduct a commercial event
or enterprise.
N.
Swim in Cayuga Lake at any park which has access to
Cayuga Lake.
O.
Ride horses in any park or on any trail except the
South Hill Recreation Way and the Game Farm section (from Maple Avenue
to Game Farm Road) of the East Ithaca Recreation Way.
A.
The following activities may be engaged in only when
undertaken pursuant to a written permit issued by the Town Board of
the Town of Ithaca or its designated agent, and in accordance with
the terms thereof and any other conditions contained in this chapter:
(1)
The conducting of a picnic or other event by a group
or organization in excess of 50 persons.
(2)
Any event by a group of more than five people at which
alcoholic beverages are being possessed or consumed.
(3)
Other special events which the Town Board of the Town
of Ithaca may, by resolution, permit that are not otherwise covered
by this chapter.
B.
Notwithstanding the foregoing, no permit shall be
required if the event is sponsored by an organization providing recreational
services for the benefit of the Town of Ithaca pursuant to a contract
with the Town or its authorized representative.
The permit referred to in § 200-6 shall be issued by the Town Clerk in accordance with the following:
A.
At least 48 hours in advance of the operation of the
permit, such permit application should be filed with the Town Clerk
of the Town of Ithaca between the hours of 8:30 a.m. and 4:00 p.m.
on Mondays through Fridays, except legal holidays. The Town Clerk
may at the Town Clerk's discretion waive the requirement that the
application be applied for 48 hours in advance.
B.
Permits shall be issued on a first-come-first-served
basis except if there is a conflict with an event of an organization
contracting with or on behalf of the Town for the provision of recreational
services, in which situation the event by the contracting organization
shall take precedence.
C.
Any permit may be revoked for good cause shown or
as the Town Board of the Town of Ithaca or its designated agent in
the reasonable exercise of its discretion may determine, which action
shall be final. In the case of such revocation, all monies paid for
or on account thereof shall, at the option of the Town Board of the
Town of Ithaca, be forfeited to and retained by the Town.
D.
Neither the forfeiture and retention of any such money
by the Town nor the recovery or collection of any damages or both
shall preclude the prosecution of any person for a violation of a
rule or regulation of the Town of Ithaca or the violation of any other
local or state law, ordinance, rule or regulation.
E.
The provisions of this section are not exclusive,
but additional requirements may be reasonably added with respect to
any specific application at the discretion of the Town Board of the
Town of Ithaca or its designated agent.
F.
Notwithstanding the foregoing, arrangements for use
of the Coddington Road play field are to be made through the Coddington
Road Community Center. Town permit applications for use of this play
field shall be obtained from the Center and the Center shall indicate
by signature of its designated agent on the permit application if
such use is an activity of the Center. Use of the play field which
is sponsored by the Center shall be exempt from the fee and security
deposit requirements described in this chapter or other Town local
laws and ordinances.
G.
A permit may be denied by the Town Clerk to a group
or organization that in the past failed to comply with the provisions
of this chapter. Any denial may be appealed to the Town Board, provided
the appeal is filed in writing with the Town Clerk no more than 30
days after the denial.
[Amended 12-7-2009 by L.L. No. 22-2009[1]]
The following requirements are established for
the purposes of utilizing the parks or trails of the Town of Ithaca
pursuant to this chapter.
A.
Fees. The Town Board shall set from time to time by
resolution fees for activities reasonably expected to directly or
indirectly involve five or more persons where such activities also
require a permit.
B.
Security deposits:
(1)
The
Town Board shall set from time to time by resolution security deposit
amounts required by groups of 25 or more persons.
(2)
The
security deposit shall be returned to the group after the event, provided
there is no damage to, or littering of, any of the facilities utilized
by the group and there has been no parking in prohibited areas.
D.
Damages. Any damages or littering cleanup costs not
covered by a security deposit and/or insurance proceeds shall be payable
by the group to the Town within 10 days of mailing to the person who
signed the permit application of a statement of the damages and/or
cleanup costs and the amounts remaining to be paid.
E.
Other requirements:
(1)
In the case of events which are of more than two hours'
duration, the permit applicant shall furnish at his own cost and expense
portable toilet facilities sufficient for the size of the user group,
where toilet facilities are not already available.
(2)
Written notification of cancellation of event shall
be made no later than 48 hours prior to the event date to the Town
Clerk's Office. If cancellation is timely made, a refund of the permit
fee shall be issued within 30 days after the cancellation date.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
The Town Board may, upon application and upon
good cause shown, grant variances from the requirements of this chapter
including authorization of events that would otherwise be prohibited
herein. Good cause shall include, but not be limited to, circumstances
where the benefit to the Town for the proposed event or variance outweighs
the detriment to the community and applicant that would result from
the strict enforcement of the terms of this chapter. In granting such
variance, the Town Board may impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
use of the park or trail. Such conditions shall be consistent with
the spirit and intent of this chapter and shall be imposed for the
purpose of minimizing any adverse impact such variance may have on
the neighborhood or community.
A.
The Director of Building and Zoning of the Town of Ithaca, and such person's deputies, are hereby designated by the Town Board of the Town of Ithaca as agents for enforcing this chapter. Such agents are authorized to issue and serve appearance tickets for violations of this chapter as provided for by Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca, or any amendment thereof.
B.
This chapter may also he enforced by any police officer
authorized to act within the Town of Ithaca, Tompkins County, New
York.
