[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 5-18-2004
by L.L. No. 10-2004. Amendments noted where applicable.]
A.
COMMISSION
ENFORCEMENT OFFICERS
FIELD
ONE-DAY EVENT
ORGANIZED ACTIVITY
PARK
(1)
(2)
(3)
As used in this chapter, the following terms have the
meanings indicated:
The Recreation Commission of the Town of Mamaroneck.
The persons described in § 34-2 of the Code, plus the Superintendent of Recreation and Town Administrator.
[Amended 9-22-2004 by L.L. No. 12-2004]
The Carpino-Steffens fields which are located along Hommocks Road
behind Hommocks School.
An activity which is to be conducted on a single day and which is
anticipated to attract to the park or the field where it will be conducted
50 or more persons who will participate in, work at (whether as paid staff
or as volunteers) and/or watch the event.
An event or series of events that is overseen, planned, run or sponsored
by a group (such as a club, a neighborhood association or an organization
affiliated with a place of worship) or by a league (such as the Little League
or the Mamaroneck Junior Soccer League) or by one or more individuals who
form a group of persons to participate in a specific activity on a regular
basis (such as weekly lacrosse games). The examples of organized activities
set forth above are for illustrative purposes only and are not intended to
limit the types of activities that are considered organized activities under
this chapter. Accordingly, the rule of statutory construction known as ejusdem
generis shall not be utilized when determining whether a particular activity
should be considered an organized activity within the meaning of this chapter.
Memorial Park which is bisected by Myrtle Boulevard with the northerly
portion lying along Myrtle Boulevard and Baldwin Avenue and the southerly
portion lying between Myrtle Boulevard, North Chatsworth Avenue and Vine Street;
Gardens Lake Park which lies between Lakeside Drive and the New York
State Thruway; and
The unnamed park located at the corner formed by the intersection of
Palmer Avenue and Weaver Street.
B.
Notwithstanding the foregoing definitions, an event sponsored
by the Town or any of its agencies, authorities, boards, commissions or departments
shall not be considered an organized activity or a one day event within the
meaning of this chapter.
No person shall:
A.
Intentionally break, deface, destroy, disfigure, displace,
mark, remove or tamper with any bench, building, bridge, chain, decorative
element, equipment, fence, flagpole, flower, fountain, grass, lamp or lamppost,
memorial marker, notice or placard, pavement, plant, playing surface, railing,
rock, sand, shrub, sign or signpost, stone, table, tree (whether cut, fallen
or standing), tree guard, wall, monument, stake, post or other boundary marker
within a park or a field;
B.
Allow an animal to break, deface, destroy, disfigure,
displace, mark, remove or tamper with any bench, building, bridge, chain,
decorative element, equipment, fence, flagpole, flower, fountain, grass, lamp
or lamppost, memorial marker, notice or placard, pavement, plant, playing
surface, railing, rock, sand, shrub, sign or signpost, stone, table, tree
(whether cut, fallen or standing), tree guard, wall, monument, stake, post
or other boundary marker within a park or a field;
C.
Connect to, disconnect, expose, open, remove, rupture,
tamper or interfere with any conduit, electric or telephone line, fountain,
pipe or any other public utility that is located within a park or field;
D.
Excavate any area of a park or a field;
E.
Carry or discharge any firearms or guns of any kind whatsoever,
including but not limited to air rifles, BB guns, paintball or pellet guns
and pistols within a park or field;
F.
Frighten, give or offer any food to, hunt, kill, molest,
shoot, tease, throw stones or any missiles at or trap any reptile or bird
or the eggs of a reptile or bird or any animal within a park or a field;
G.
Discharge, place or cause to be placed or throw into
the waters or upon the ground within a park or a field any substance which
may result in pollution of or damage to such waters or the ground within a
park or field or to any flower, grass, plant, shrub or tree located within
a park or field;
H.
Deposit, dump or leave or cause to be deposited, dumped
or left any ashes (other than ashes in a designated and permanently constructed
fireplace), bottles, boxes, broken glass, cans, dirt, garbage, paper, refuse,
rubbish, trash or other waste anywhere within a park or on a field except
for those items that are placed in the receptacles provided for deposit of
such items;
I.
Fail to remove excrement deposited by that person's
pet within a park or a field;
J.
Drop, scatter or throw cigars, cigarettes, flammable
material, matches or tobacco within a park or a field;
K.
Affix, draw, leave, paint, paste, place or post any advertisement,
bill, circular, notice, pamphlet, placard or other printed matter on any bench,
building, bridge, chain, decorative element, earth, equipment, fence, flagpole,
flower, fountain, grass, lamp or lamppost, log, memorial marker, pavement,
plant, playing surface, railing, rock, shrub, sign or signpost, stone,, table,
tree (whether cut, fallen or standing), tree guard, vehicle (whether motorized
or not), wall, monument, stake, post or other boundary marker within a park
or a field;
L.
Allow, cause or permit an animal over which a person
has control or custody to run at large or to be tethered by a leash exceeding
six feet in length within a park or a field;
M.
Hit golf balls within a park or a field;
N.
Enter, swim or wade in any waters located within a park
or a field;
O.
Camp or erect a tent or any other temporary or mobile
shelter within a park or a field;
P.
Project, shoot or throw any arrows, boomerangs, darts,
javelins or stones within a park or a field;
Q.
Possess any firecracker, rocket or other firework or
explosive within a park or a field;
R.
Detonate, discharge, explode or otherwise set off or
cause to be detonated, discharged or exploded any firecracker, rocket, torpedo
or other firework or explosive within a park or a field or aim, direct or
cause such items to be aimed at or directed into a park or a field;
S.
Climb upon any bench, building, bridge, chain, decorative
element, equipment (other than playground equipment designed for climbing),
fence, flagpole, flower, fountain, lamp or lamppost, log, memorial marker,
plant, railing, rock, shrub, sign or signpost, stone, table, tree (whether
cut, fallen or standing), tree guard, wall, monument, stake, post or other
boundary marker within a park or a field; or
A.
Except while an event sponsored by the Town or a one
day event is being conducted, no person shall bring or consume any alcoholic
beverage within a park or a field or exhibit or offer for sale any merchandise,
any durable goods or any food products within a park or a field.
B.
Except pursuant to rules promulgated by the Commission,
no person shall:
(1)
Bring in or operate any boat, raft or other watercraft
over three feet in length, whether motorized or not, upon any waters within
a park or a field;
(2)
Build a fire except in a fireplace designated and constructed
for such purpose within a park or a field;
(3)
Enter upon Gardens Lake when there is ice on its surface
except in areas designated by the Superintendent of Recreation for skating
or sledding. Such designation shall be done by displaying a safety flag or
sign on the ice or on an area adjacent to the ice;
(4)
Operate a motorized model airplane or rocket within a
park or a field;
(5)
Attach or string any banner, rope or wire above, across
or along the surface of a park or a field or attach any banner, rope or wire
to any bench, building, bridge, chain, decorative element, equipment, fence,
flagpole, flower, fountain, lamp or lamppost, log, memorial marker, pavement,
plant, playing surface, railing, rock, shrub, sign or signpost, stone, table,
tree (whether cut, fallen or standing), tree guard, wall, monument, stake,
post or other boundary marker within a park or a field: or
(6)
Ride a horse or a pony within a park or a field.
A.
The Commission hereby is authorized to adopt any additional
rules and regulations with respect to the parks and fields and with respect
to the conduct of the public therein, provided that such rules and regulations
are consistent and do not conflict with the provisions of this chapter.
B.
There shall be no fees for admission to or use of the
parks and fields of the Town except as established or authorized by the Commission.
The fees established or authorized by the Commission shall be set forth in
a written schedule, which may be amended by the Commission from time to time.
All fees shall be collected by the Town's Recreation Department.
C.
The Commission may delegate some or all of the duties
given to it by this chapter to the Superintendent of Recreation.
A.
The benches and paths of the parks shall be open to the
residents of the Town every day of the year at dawn for passive recreation
such as walking, jogging or sitting. The remaining areas of the parks shall
be open to the residents of the Town every day of the year starting at 9:00
a.m. All areas of the parks shall close at dusk except when an event sponsored
by the Town or a one day event is being conducted, in which case the park
where the event is held shall close at the later of dusk or 1/2 hour after
such event is concluded.
B.
The fields can be used only by those persons to whom
permits have been issued and can be used only for the reason specified in
the permit The fields shall be open for use by the persons to whom a permit
has been issued from 9:00 a.m. to dusk except when an event sponsored by the
Town or an organized activity or a one day event is being conducted in which
case the field where the event is held shall close at the later of dusk or
1/2 hour after such event is concluded.
C.
The opening and closing hours of a park or a field shall
be posted so that those hours are visible to the public.
A.
Neither an organized activity nor a one day event shall
be conducted within a field unless the applicant is a resident of the Town
of Mamaroneck or if the applicant is not a person, it is an entity which conducts
its activities within the Town of Mamaroneck and a permit has been issued
therefor by the Superintendent of Recreation. The form of the application
for such permit shall be prescribed by the Commission but at a minimum shall
require the applicant to:
(1)
Supply the name and address of the group or person applying
for the permit;
(2)
State the entity with which the applicant is affiliated,
if any;
(3)
Specify the date or dates and the hours when the organized
activity or one day event will take place;
(4)
Specify the park or the field at which the organized
activity or one day event will take place;
(5)
Describe the organized activity or one day event in such
detail as is required by the Superintendent of Recreation;
(6)
Estimate the number of persons expected to participate
in, work at (whether as paid staff or as volunteers) and/or watch the organized
activity or one day event;
(7)
State whether it is expected that alcohol will be consumed
by persons present at the organized activity or one day event;
(8)
State whether it is expected that food will be consumed
by persons present at the organized activity or one day event; and
(9)
State whether any merchandise, durable goods or food
products will be exhibited or offered for sale.
B.
A permit shall not be required to conduct an organized
activity within a park.
C.
A one day event shall not be conducted within a park
unless the applicant is a resident of the Town of Mamaroneck or if the applicant
is not a person, it is an entity which conducts its activities within the
Town of Mamaroneck and a permit has been issued therefor by the Superintendent
of Recreation. The form of the application for such permit shall be prescribed
by the Commission but at a minimum shall require the applicant to:
(1)
Supply the name and address of the group or person applying
for the permit;
(2)
State the entity with which the applicant is affiliated,
if any;
(3)
Specify the date and the hours when the one day event
will take place;
(4)
Specify the park at which the one day event will take
place;
(5)
Describe the one day event in such detail as is required
by the Superintendent of Recreation;
(6)
Estimate the number of persons expected to participate
in, work at (whether as paid staff or as volunteers) and/or watch the one
day event;
(7)
State whether it is expected that alcohol will be consumed
by persons present at the one day event;
(8)
State whether it is expected that food will be consumed
by persons present at the one day event; and
(9)
State whether any merchandise, durable goods or food
products will be exhibited or offered for sale.
D.
The Superintendent of Recreation shall grant a permit
for an organized activity or a one day event, provided a properly completed
application form is submitted and the fee therefor, if any, is paid unless:
(1)
A permit for the park or field requested by the applicant
already has been issued for the same date and time; or
(2)
In the judgment of the Superintendent of Recreation,
the type of activity or the number of people that such activity may attract
could result in the park, the field or the environs being damaged or persons
being injured or would violate any federal, state, county or local law or
regulation; or
(3)
Less than 30 days shall have elapsed since the last one
day event was conducted on any field or park by the same permittee for the
same purpose.
E.
The Superintendent of Recreation shall have the power
to impose conditions on a permit that are reasonably calculated to prevent
damage to a park, a field, the environs or people attending or participating
in the activity or people in the vicinity of the park or the field where the
activity is being conducted.
F.
Upon request by an enforcement officer, a permittee shall
display the permit issued by the Superintendent of Recreation to that officer.
No person shall:
A.
Fail to comply with any applicable provision of the Vehicle
and Traffic Law of the State of New York while driving within a park or a
field;
B.
Fail to observe and obey traffic or a parking sign within
a park or a field;
C.
Park a vehicle or other means of transportation or leave
any other property within a park or a field overnight;
D.
Park a vehicle or other means of transportation within
a park or a field unless the operator thereof stays within that park or that
field during the time that such vehicle or other transportation device is
so parked;
E.
Ride a bicycle or a skateboard, rollerblade or skate
on other than a designated path, a paved road or a parking area within a park
or a field; or
F.
Operate an all-terrain vehicle (ATV), go-kart, golf cart
or a snowmobile on other than a paved road or parking area within a park of
a field.
Every enforcement officer shall have the power to issue court appearance
tickets, notices of violations, summonses or warnings for a violation of any
provisions of this chapter.
The violation of any provision of this chapter hereby is declared to
be a violation. Upon conviction for violating any of sections of this chapter,
the convicted person shall be punished by a fine not exceeding $250 or by
imprisonment not exceeding 15 days, or both.
This chapter shall not apply to the Town of Mamaroneck or any independent
contractors engaged by it while such contractors are acting within the scope
of their duties to the Town.