[HISTORY: Adopted by the Board of Trustees
of the Village of Piermont 12-4-1990 by L.L. No. 3-1990. Amendments
noted where applicable.]
A public park is an area set aside for the recreation
of the public so as to foster its health, welfare and enjoyment. In
order to ensure these benefits to the public, the Village Board has
found it necessary to enact this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A park, reservation, playground, beach, recreation center
or any other area in the Village owned, designated or used by the
Village as parkland and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. The term shall not include baby carriages,
bicycles and vehicles in the service of the parks or other police
or emergency vehicles.
The Village of Piermont.
Parks shall be used and operated during the
hours of 6:00 a.m. through 9:00 p.m., except that park areas may be
used and operated at other times as may be from time to time determined
by the Board of Trustees, which shall, in its discretion, issue a
written permit for night activities or use.
No person in a park shall engage in any of the
following prohibited acts:
A.
Buildings and other property. The performance of any activities set forth in Subsection A(2) and (3) shall require a permit for such purpose from the Village Engineer after resolution of the Board of Trustees approving same.
[Amended 8-15-2000 by L.L. No. 16-2000]
(1)
Disfiguration and removal: willfully mark, deface,
disfigure, injure, tamper with or displace or remove any building,
bridge, tables, benches, fireplaces, railings, paving or paving material,
waterlines or other public utilities or parts or appurtenances thereof,
signs, notices or placards, whether temporary or not, or other boundary
markers, or other structures or equipment, facilities or park property
or appurtenances whatsoever, either real or personal.
(2)
Removal of natural resources: dig or remove any beach
sand, whether submerged or not, or any soil, rock, stones, trees,
shrubs or plants, down timber or other wood or materials or make any
excavations by tool, equipment, blasting or other means or agency.
(3)
Erection of structures: construct or erect any building
or structure of whatever kind, whether permanent or temporary in character,
or run or string any public service utility lines into, upon or across
such lands.
B.
Trees, shrubbery and lawns.
(1)
Injury and removal: damage, cut, carve, transplant
or remove any tree or plant or injure the bark or pick the flowers
or seeds of any tree or plant; nor shall any person attach any rope,
wire or other contrivance to any tree or plant. A person shall not
dig in or otherwise disturb grass areas or in any way injure or impair
the natural beauty or usefulness of any area.
(2)
Climbing trees, etc.: climb any tree or walk, stand
or sit upon monuments, vases, fountains, railings, fences or gun carriages
or upon any other property not designated or customarily used for
such purpose.
(3)
Hitching of animals: tie or hitch a horse or other
animal to any tree or plant.
C.
Wild animals, birds, etc.
(1)
Hunting: hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw missiles at any animal, reptile or bird;
nor shall a person remove or have in his or her possession the young
of any wild animal or the eggs or nest or young of any reptile or
bird; nor shall he or she collect, remove, have in his or her possession,
give away, sell or offer to sell, or buy or offer to buy, or accept
as a gift any specimen, alive or dead, of any fauna found in the parks.
(2)
Feeding: give or offer or attempt to give to any animal
or bird any tobacco, alcohol or other known noxious substances.
E.
Recreational programs.
[Added 11-6-2018 by L.L.
No. 7-2018]
(1)
No person or entity shall operate any private or public business or recreational program, including but not limited to any day camp or other similar recreational program, whether conducted as a for-profit business, on a not-for-profit basis, or as a community service, in a Village park unless specifically authorized under a permit issued by the Village Board of Trustees pursuant to the provisions of § 143-9D of this chapter.
(2)
No person or entity together with a recognizable group of 25 or more persons, whether riding in vehicles or not, shall enter or remain in a Village Park unless specifically authorized under a permit issued by the Village Clerk or the Village Board of Trustees, pursuant to the provisions of § 143-9D of this chapter, with permitting authority being administered as follows:
(a)
For recognizable groups of at least 25 but not more than 40
persons, a permit may be issued by the Village Clerk.
(b)
For recognizable groups of 40 or more persons, a permit must
be issued by the Village Board of Trustees following a vote on the
permit application at a regularly scheduled meeting of the Board of
Trustees.
No person in a park shall:
A.
Pollution of waters: throw, discharge or otherwise
place or cause to be placed in the waters of any fountain, pond, lake,
stream, bay, river or other body of water in or adjacent to any park
or any tributary, stream, storm sewer or drain flowing into such waters
any substance, matter or thing, liquid or solid, which will or may
result in the pollution of said waters.
B.
Refuse and trash: have brought or dump, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. No such refuse or
trash shall be placed in any waters in or contiguous to any park,
or left anywhere on the grounds thereof, but shall be placed in the
proper receptacles, where these are provided; where receptacles are
not provided, all such rubbish or waste shall be carried away from
the park by the person responsible for its presence and properly disposed
of elsewhere.
[Amended 6-1-1993 by L.L. No. 2-1993]
No person shall operate any vehicle in a park
unless specifically permitted by this chapter. With respect to the
form Erie right-of-way park, no motor vehicles shall be permitted
except in an emergency as defined by the Board of Trustees. Where
vehicles are permitted, all persons shall operate their vehicles in
accordance with applicable traffic laws, rules and regulations, and
the following acts or omissions shall constitute a violation of this
chapter:
A.
State Motor Vehicle Law applies: failure to comply
with all applicable provisions of the State Motor Vehicle and Traffic
Law in regard to equipment and operation of vehicles, together with
such regulations as are contained in this chapter and other local
laws of the Village.
B.
Enforcement of traffic regulations: failure to obey
all traffic officers and park employees, such persons being hereby
authorized and instructed to direct traffic whenever and wherever
needed in the parks and on the highways, streets or roads immediately
adjacent thereto in accordance with the provisions of these regulations
and such supplementary regulations as may be issued subsequently by
the Board of Trustees.
C.
Obey traffic signs: failure to observe carefully all
traffic signs indicating speed, direction, caution, stopping or parking
and all others posted for proper control and to safeguard life and
property.
D.
Speed of vehicles: riding or driving a vehicle over
a parkland road at a rate of speed exceeding 15 miles an hour, except
upon such parkland roads as the Board of Trustees may designate, by
posted signs, for speedier travel.
E.
Operation confined to road: driving any vehicle on
any area except designated parkland roads or parking areas, or such
other areas as may on occasion be specifically designated as temporary
parking areas by the Board of Trustees.
F.
Piermont Pier Park.
[Added 6-19-2007 by L.L. No. 7-2007]
(1)
No standing or parking of any motor vehicle shall be permitted at any location within the Piermont Pier Park without first obtaining a pier parking permit from the Village Clerk's office, which permit shall issue upon the completion of the application form provided by the Village Clerk, and according to the fee schedule set forth in § 102-4F of the Village Code.
(2)
Exception. Vehicles shall be permitted to park in the Department of Environmental Conservation (DEC) designated parking lot located at the southeast portion of the Piermont Pier Park free of charge; however, parking at any other location in the Piermont Pier Park shall require a permit as set forth in Subsection F(1) above.
(3)
No vehicles in excess of 10,000 pounds shall be permitted within
the Piermont Pier Park without first obtaining approval from the Village
Board of Trustees.
[Added 10-7-2014 by L.L. No. 5-2014]
G.
Goswick
Pavilion Park.
[Added 9-17-2019 by L.L. No. 8-2019; amended 10-11-2022 by L.L. No.
6-2022]
(1)
No standing or parking of any motor vehicle shall be permitted at any location within the Goswick Pavilion Park, or in the parking areas located in the public right-of-way adjacent to the Park, without first obtaining a parking permit from the Village Clerk's office, unless parking is permitted by signage specifically designating areas for public parking as approved by resolution of the Board of Trustees. Parking permits required under this section shall issue upon the completion of the application form provided by the Village Clerk, and according to the fee schedule set forth in § 102-4F of the Village Code.
A.
Bathing and swimming.
(1)
Designated areas. No person shall swim, bathe or wade
in any waters or waterways in or adjacent to any park, except in such
waters and at such places as are provided therefor and in compliance
with such regulations as are herein set forth or may be hereafter
adopted; nor shall any person frequent any waters or places customarily
designated for the purpose of swimming or bathing or congregate thereat
when such activity is prohibited by the Board of Trustees upon a finding
that such use of the water would be dangerous or otherwise inadvisable.
(2)
Certain hours. No person shall frequent any waters
or places designated for the purpose of swimming or bathing or congregate
thereat except between such hours of the day as shall be designated
by the Board of Trustees for such purposes for each individual area.
(3)
Structure on beach. No person shall erect, maintain,
use or occupy on or in any beach or bathing area any tent, shelter
or structure of any kind unless there shall be an unobstructed view
into said tent, shelter or structure from at least two sides; nor
shall any guy wire, rope or extension or exterior brace or support
be connected or fastened from any such structure to any other structure,
stake, rock or other object outside thereof.
(4)
Costume. No person shall allow himself or herself
to be so covered with a bathing suit as to indecently expose his or
her person or call forth merited criticism. No person shall appear
in bathing costume at any place in the parks except within the limits
of designated bathing places or areas, and all bathing costumes shall
conform to commonly accepted standards.
(5)
Bathhouse. No person shall dress or undress on any
beach or in any vehicle, toilet or other place, except in such bathing
houses or structures as may be provided for that purpose.
B.
Boating.
(1)
Designated areas. No person shall bring into or operate
any boat, raft or other watercraft, whether motor-powered or not,
upon any waters, except at places designated for boating by the Board
of Trustees. Such activity shall be in accordance with applicable
regulations as are now or may hereafter be adopted.
(2)
Public docks. No person shall use the public docks
for dockage or other purpose without first making arrangements for
such accommodations with the Board of Trustees, which shall assign
space and collect reasonable rental charges in conformity with established
regulations and rates.
(3)
Operation of boats. No person shall navigate, direct
or handle any boat in such a manner as to unjustifiably or unnecessarily
annoy or frighten or endanger the occupants of any other boat.
(4)
Prohibition during closing hours. No person shall
launch or dock any boat of any kind on any Village waters between
the closing hour of the park at night and opening hour the following
morning.
C.
Hunting and firearms. No person shall hunt, trap or
pursue wildlife at any time. No person shall use, carry or possess
firearms of any description, or air rifles, spring guns, bows and
arrows, slings or any other forms of weapons potentially harmful to
wildlife and dangerous to human safety, or any instrument that can
be loaded with and fire blank cartridges, or any kind of trapping
device. Shooting into park areas from beyond the park boundaries is
forbidden.
D.
Picnic areas and use.
(1)
No person shall picnic or eat in a place other than
those designated for that purpose. The Board of Trustees shall have
the authority to regulate the activities in such areas where necessary
to prevent congestion and to secure the maximum use for the comfort
and convenience of all. Visitors shall comply with any directions
given to achieve this end.
(2)
Park facilities shall be available on a first-come-first-served
basis.
(3)
Duty of picnicker. No person shall leave a picnic
area before the fire is completely extinguished and before all trash
in the nature of boxes, papers, cans, bottles, garbage and other refuse
is placed in the disposal receptacles, where provided. If no such
trash receptacles are available, then refuse and trash shall be carried
away from the park area by the picnicker to be properly disposed of
elsewhere.
E.
Camping. No person shall set up tents, shacks or any
other temporary shelter for the purpose of overnight camping, nor
shall any person leave in a park after closing hours any movable structure
or special vehicle to be used or that could be used for such purpose,
such as a house trailer, camp trailer, camp wagon or the like.
F.
Games. No person shall take part in or abet the playing
of any games involving thrown or otherwise propelled objects such
as balls, stones, arrows, javelins or model airplanes except in areas
set apart for such forms of recreation. The playing of rough or comparatively
dangerous games such as football, baseball and quoits is prohibited
except in the fields and courts or areas provided therefor.
G.
Horseback riding. No person shall ride a horse except
on designated bridle trails. Where permitted, horses shall be thoroughly
broken and properly restrained and ridden with due care and shall
not be allowed to graze or go unattended, nor shall they be hitched
to any rock, tree or shrub.
A.
Intoxicating beverages.
(1)
Prohibition. No person shall bring into or drink alcoholic
beverages at any time in the park.
(2)
Exceptions. At certain specifically designated recreation
centers where meals or lunches are served under licenses issued by
the Board of Trustees, the consumption of alcoholic beverages by such
licensee will be permitted under the strict regulation and control
of the Board of Trustees and the State Liquor Authority. Sales of
alcoholic beverages shall be made only in individual drinks (not in
original packages, except beer and wine, or otherwise in bulk) and
shall be served for consumption on the immediate premises.
B.
Fireworks and explosives. No person shall bring or
have in his or her possession or set off or otherwise cause to explode
or discharge or burn any firecrackers, torpedoes, rockets or other
fireworks or explosives of flammable material or discharge them or
throw them into any such area from land or highways adjacent thereto.
This prohibition includes any substance, compound, mixture or article
that in conjunction with any other substance or compound would be
dangerous from any of the foregoing standpoints. Holiday or other
similar fireworks display may be permitted by authority of the Board
of Trustees.
C.
Domestic animals. No dogs or other domestic animals
shall be permitted in the parklands of the Village except as specifically
permitted by the Board of Trustees. Nothing herein shall be construed
as permitting the running of dogs at large. All dogs in those areas
where such animals are permitted shall be restrained at all times
on adequate leashes not greater than six feet in length.
D.
Dress. No person shall appear at any place in other
than proper clothing. With the exception of the restricted bathing
areas, "properly clothed" shall be construed to prohibit the wearing
of trunks or clothing that does not cover the upper portion of the
body.
E.
Alms. No person shall solicit alms or contributions
for any purpose, whether public or private.
F.
Fires. No person shall build or attempt to build a
fire except in such areas and under such regulations as may be designated
and promulgated by the Board of Trustees. No person shall drop, throw
or otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco, paper or other inflammable material within any park area
or on any highway, road or street abutting or contiguous thereto.
G.
Closed areas. No person shall enter an area posted
as "Closed to the Public," nor shall any person use or abet the use
of any area in violation of posted notice.
H.
Games of chance. No person shall gamble or be a participant
in or abet any game of chance.
I.
Going onto ice. No person shall go onto the ice on
any of the waters, except such areas as are designated as skating
fields and provided that a safety signal is displayed.
J.
Loitering and boisterousness. No person shall sleep
or protractedly lounge on the seats or benches or other areas or engage
in loud, boisterous, threatening, abusive, insulting or indecent language
or engage in any disorderly conduct or behavior tending to cause a
breach of the peace.
K.
Exhibit permit. No person shall fail to produce and
exhibit any permit from the Board of Trustees upon request of any
authorized person who shall desire to inspect the same for the purpose
of enforcing compliance with any local law or rule.
L.
Interference with permittees. No person shall disturb
or interfere unreasonably with any person or party occupying any area
or participating in any activity under the authority of a permit.
A.
No person in a park shall:
(1)
Vending and peddling: expose or offer for sale any
article or thing, nor shall any person station or place any stand,
cart or vehicle for the transportation, sale or display of any such
article or thing. Exception is made as to any regularly licensed concessionaire
acting by and under the authority and regulation of the Board of Trustees.
(2)
Advertising: announce, advertise or call the public
attention in any way to any article, thing or service for sale or
hire.
(3)
Signs: paste, glue, tack or otherwise post any sign,
placard, advertisement or inscription whatever, nor erect or cause
to be erected any sign whatever on any public lands or highways or
roads adjacent to a park.
B.
Closed areas. Any section or part of the park may
be declared closed to the public by the Board of Trustees at any time
and for any interval of time, either temporarily or at regular and
stated intervals (daily or otherwise) and either entirely or merely
to certain uses, as the Board of Trustees shall find reasonably necessary.
C.
Lost and found articles. The finding of lost articles
shall be reported to the Board of Trustees, which shall make every
reasonable effort to locate the owners. The Board of Trustees shall
make every reasonable effort to find articles reported as lost.
D.
Permit. For activities determined by the Board of Trustees to require
a permit, application shall be made as follows:
[Amended 11-6-2018 by L.L. No. 7-2018]
(1)
Application. A person seeking issuance of a permit hereunder shall
file an application with the Village Clerk for a determination or
referral to the Board of Trustees if required under this chapter.
The application shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The specific day and specific hours for which the permit is
desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Board of Trustees shall find
reasonably necessary to a fair determination as to whether a permit
should issue hereunder, including but not limited to a detailed description
of the event itself. Should the Village Clerk determine that further
information is required to determine whether to issue a permit the
Clerk may refer the permit application to the Village Board for consideration.
(2)
Standards for issuance. The Village Clerk or the Board of Trustees
shall issue a permit hereunder when it finds that:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
The proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Village. The applicant
shall be advised of any such determination, and given an opportunity
to reimburse the Village for such expenses as a condition of the issuance
of any permit pursuant to this article.
(e)
The facilities desired have not been reserved for other use
at the day and hour required in the application.
(3)
Appeal. Within 10 days after receipt of an application, the Village
Clerk, or the Board of Trustees as the case may be, shall apprise
an applicant, in writing, of its reason for refusing a permit, and
the decision of the Village Clerk may be appealed to the Board of
Trustees, but any decision of the Board of Trustees on any application
or appeal shall be final subject to any other remedy available under
law.
(4)
Effect of permit. A permittee shall be bound by any conditions placed
on the issuance of a permit, all park rules and regulations, and all
applicable local laws as though the same were inserted in said permits.
(5)
Liability of permittee. The person or persons to whom a permit is
issued shall be liable for any loss, damages or injury sustained by
any person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued.
(6)
Revocation. The Board of Trustees shall have the authority to revoke
a permit upon a finding of violation of any rule, regulation or local
law, or upon good cause shown.
A.
Officials. The Piermont Police Department shall, in
connection with its duties imposed by law, diligently enforce the
provisions of this chapter.
B.
Ejectment. The Piermont Police Department shall have
the authority to eject from the parks any person acting in violation
of this chapter.
C.
Seizure of property. The Piermont Police Department
shall have the authority to seize and confiscate any property, thing
or device in the park, or used in violation of this chapter.
Conviction of an infraction if this chapter
shall constitute a violation. The minimum penalty for a first offender
shall be $250; for a second offender, $500; and for a third and subsequent
offender, $1,000 and 15 days in jail.
