[Adopted 3-14-1988 by L.L. No. 1-1988;
amended in its entirety 6-22-2005 by L.L. No. 4-2005]
Pursuant to §§ 7-730 and 7-725-a,
Subdivision 5, of the Village Law, plats and site plans requiring
approval shall show in proper cases and when required by the Planning
Board, a park or parks suitably located for playground or other recreation
purposes. If the Planning Board should determine that a suitable park
or parks of adequate size cannot be located in any such plat or site
plan or is otherwise not practical, such Board may require a payment
to the Village of a sum of money to be determined by the Board of
Trustees, which sum shall constitute a trust fund to be used by the
Board of Trustees exclusively for neighborhood park, playground or
recreation purposes including the acquisition of land.
This article shall be enacted pursuant to the
provisions of Article 3 of the Municipal Home Rule Law and of § 21-2100
of the Village Law as the same applies to the adoption of local laws.
[Adopted 9-21-2016 by L.L. No. 3-2016]
Any park, playground or other outdoor recreation area of the
Village of Montebello shall be open for use only in accordance with
the schedule of hours posted on the facility in question. If hours
are not posted, it shall be understood that the outside areas are
open no earlier than dawn nor later than dusk. The only exceptions
are at the times necessary to park and access the Village Hall and
its environs for planned evening activities, including meetings, the
Justice Court when in session, or the Community Center for meetings
of the Village Board, and other boards and commissions, and other
events scheduled and approved by the Village for which permits have
been issued. Access to the environs of the Community Center is also
permitted for those attending events sponsored by the Village's
tenant of the office portion of the building.
The Village Clerk or designee shall cause a sign to be placed
in or upon outside areas as affected, setting forth the hours during
which the area is closed.
No person, except pursuant to a permit as aforesaid or except
a Village official on Village business, shall occupy, use or be present
in or upon any such park, playground or other such recreation area
at any time other than those prescribed in the schedule filed in the
office of the Village Hall or posted at the facility. Any use, presence,
or occupancy without the hours so listed and not separately approved
by the Village shall constitute a violation of this article.
No person within any park, playground or other recreation area
of the Village of Montebello shall:
A. Operate a motor vehicle or motorized conveyance of any kind within
any of the aforesaid facilities except to gain ingress or egress over
vehicular roads to a designated vehicular area for the purpose of
parking or exiting from parking, except by specific authorization
of the Village Clerk or designee for a Village purpose.
B. Discard trash, litter, bottles, papers or boxes within or upon the
aforesaid facilities, except in containers provided for such purpose.
C. Possess, carry or exhibit and set off or light any firearm, firecracker
or explosive device, or display, carry or discharge a weapon of any
kind, whether of the aforedescribed types, or capable of launching
a projectile of any type such as an arrow or dart, or object launched
by a slingshot, within the aforesaid facilities.
D. Permit or allow any dog or other domestic animal within the aforesaid
facilities; provided, however, that the following exception applies:
(1) In Kathryn Gorman Ponds Park, or on Village Hall grounds, pet owners
may walk their leashed pets, such as dogs and cats, with a leash no
more than six feet in length, and only during posted hours that the
park is open. Such owner shall not allow any animal in his or her
custody to discharge fecal matter in the park, and if such does occur,
he or she shall remove the same immediately.
(2) Service dogs assisting physically challenged persons.
E. Operate a motor vehicle within the aforesaid facilities upon access
roads or in parking areas at a speed greater than 10 miles per hour.
F. Swim, bathe, ice skate, or engage in any activity in or on the water,
or on the ice, or boat in or on the ponds or waterways in the Kathryn
Gorman Ponds Park.
G. Engage in boisterous conduct, horseplay or any activity which will
interfere with the enjoyment of the aforesaid facilities by other
users.
H. Fish for commercial purposes. Sport fishing must conform to New York
State law, including possessing a license as required.
I. Refuse to obey instructions of authorized employees and personnel,
as well as law enforcement personnel, in regard to safety and conduct.
J. Sell or offer for sale any food, goods, wares or merchandise within
said facilities, except as authorized by the Village Board of Trustees.
K. Kindle, build, maintain or in any way use fire in the facilities
except if expressly approved by the Village, such as for commemorative
purposes.
L. Refuse to obey posted rules and regulations.
A violation of any provision of this chapter shall constitute
an offense punishable by a fine not to exceed $500 for each and every
such first offense; $1,000 for each second offense over a twenty-four-month
period, measured occurrence to occurrence; and, $1,500 for each third
offense or 15 days of incarceration, or both, for each third offense,
measured within a twenty-four-month period, occurrence to occurrence.