[HISTORY: Adopted by the Town Board of the
Town of Queensbury as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-21-1990 by L.L. No. 4-1990]
[Amended 1-28-2013 by L.L. No. 1-2013]
This article shall be titled "A Local Law Providing
for the Dedication of Parks or Recreation Areas as a Condition Precedent
to Site Plan, Subdivision or Planned Unit Development Approval or
Requiring Payment of a Sum in Lieu Thereof for Certain Dwelling Units
Prior to Issuance of Building Permits."
The authority for this article is Municipal
Home Rule Law § 10, Subdivision 1(ii)d(3).
A.
The Town
Board of the Town of Queensbury is of the opinion that recreation
parks, facilities and areas within the Town of Queensbury are important
to the residents of the Town of Queensbury and that development of
new facilities, parks and areas is important and necessary due to
the creation, from time to time, of new housing units which in turn
create a greater demand for recreational services. The Town Board
of the Town of Queensbury is of the further opinion that the new recreational
facilities, areas and parks should be planned for and developed in
connection with the development of subdivisions, new multifamily developments
and planned unit developments but also recognizes that it is not always
practical or does not always make good planning or economic sense
for such recreational facilities, parks or areas to be established
on the site to be developed. The purpose, therefore, of this article
is to require developers of multifamily units, subdivisions and planned
unit developments, as a condition precedent to site plan, subdivision
approval or planned unit development authorization and approval, to
reserve and dedicate to the Town of Queensbury parks and recreation
areas upon, contiguous to the proposed development site or in an area
that will be beneficial to the site for which approval of the Town
Board or Planning Board of the Town of Queensbury is required by law
or, when more appropriate, to pay a sum to be fixed by the Town Board
of the Town of Queensbury in lieu thereof. The objective is to provide
recreational areas or funds with which to acquire the same or improve
existing facilities which will benefit the future residents of the
subdivisions, multifamily developments and planned unit developments
and respond to the continuing demand for recreational parks, areas
and facilities. This article shall also retroactively affect some
projects that have already been approved, as set forth herein. The
rationale for this retroactive policy is that this article should
generally benefit the affected subdivision, multiple-family and planned
unit developers who have already received approvals and should not
cause any additional fees to be paid by them.
B.
The Town
Board recognizes that new dwelling units contribute to a demand for
recreational facilities. In order to provide funds for recreational
areas which will benefit these residents as well as prevent overuse
of the Town's recreational facilities, the Town Board is of the opinion
that it is appropriate for a sum fixed by the Town Board of the Town
of Queensbury to be paid in connection with construction of these
new dwelling units, including single-family dwellings, duplexes or
two-family dwellings, multiple-family dwellings, apartments, condominiums,
townhouses and/or manufactured or modular homes, but not including
mobile homes.
[Added 1-28-2013 by L.L. No. 1-2013]
[Amended 1-28-2013 by L.L. No. 1-2013]
This article shall amend and supersede Town
Law § 274-a, Subdivision 1a and b;[1] Town Law § 277, Subdivision 1 (as in effect on the date of adoption of this article); §§ 179-38 and 179-55 of Chapter 179, Zoning; §§ A183-18C, D and E of Chapter A183, Subdivision of Land; Town of Queensbury Local Law No. 6-1986, entitled "A Local Law Providing For the Reservation of Recreational Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval"; and Town of Queensbury Local Law No. 8-1988 entitled "A Local Law Amending Local Law No. 6, 1986 and Providing for the Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Plan Approval" in their entirety as set forth herein. The proposed amendment and supersession of the aforesaid state statutes, local laws, ordinances and subdivision regulations is only to the extent that this article shall require, as a condition precedent to site plan, subdivision and planned unit development authorization and approval by the Town Board or Planning Board of any subdivision, multifamily dwelling or planned unit development, the reservation and dedication to the Town of Queensbury of park or recreational areas or facilities or the payment of certain sums as more fully set forth herein. The aforesaid sections of the state statutes, Town Zoning Ordinance, Town Subdivision Regulations, and Town local laws and all other requirements, duties and obligations or benefits derived thereunder or therefrom shall not be affected other than as indicated herein, except that the provisions or lack thereof concerning the dedication of recreation land or payment of fees in lieu thereof in the aforesaid state statutes, § 179-55 and § A183-18C, D and E and Local Law Nos. 6-1986 and 8-1988 shall no longer apply to subdivisions, multifamily developments or planned unit developments approved on or after October 1, 1988, by the Town Board or the Planning Board for the Town of Queensbury but, rather, this article shall be controlling, thereby being given retroactive effect to October 1, 1988. Provisions relating to single-family dwellings, duplexes or two-family dwellings, multiple-family dwellings, apartments, condominiums, townhouses and/or manufactured or modular homes not located in a multifamily development, subdivision or planned unit development shall not be retroactive.
[1]
Editor's Note: Former Town Law § 274-a
was repealed and reenacted by L. 1992, c. 694, § 1.
A.
ASSESSABLE DWELLING UNITS
ASSESSABLE LOTS
(1)
(2)
(3)
UNBUILDABLE LOT
As used in this article, the following terms shall
have the meanings indicated:
All dwelling units on any application for a building permit for a single-family dwelling, duplex or two-family dwelling, multiple-family dwelling, apartments, condominiums, townhouses and/or modular or manufactured home on or after the effective date of this definition, but excluding mobile homes as defined pursuant to Chapter 113 of the Town Code.
[Amended 1-28-2013 by L.L. No. 1-2013]
All lots shown on a subdivision plot approved by the Planning
Board of the Town of Queensbury on or after October 1, 1988, with
the exception of the following lots:
Any lot or plot thereof for which a recreation
fee has previously been paid to the Town of Queensbury as a condition
of subdivision approval.
Any lot upon which a principal building was
lawfully situated prior to the filing of an application for subdivision
approval.
Any unbuildable lot created at the time a Planning
Board issues final subdivision, site plan or planned unit development
approval.
[Added 12-19-1991 by L.L. No. 19-1991[1]]
Any lot upon which it is not possible to erect a dwelling
unit due to wetlands, inability to comply with zoning ordinances of
the Town of Queensbury or any other governmental regulation or upon
which the owner agrees not to build a dwelling unit at the time subdivision
approval is granted. If at any time a dwelling unit is built upon
what is believed to be an unbuildable lot, the same shall not be considered
unbuildable and will lose the exemption for the recreation fee.
[Added 12-19-1991 by L.L. No. 19-1991]
[1]
Editor's Note: This local law further provided
as follows: "This local law shall have retroactive application with
respect to any site plan, subdivision plan or planned unit development
approved by the Planning Board of the Town of Queensbury since January
1, 1991, provided that the effect of such retroactive activity shall
he limited to the establishment of a right for any person or business
entity who has previously paid a recreation fee which was greater
than that now required as a result of this amendment to demand a refund
of such a fee paid in excess of the fee required hereby; provided
further, however, that in no event shall said person or business entity
be entitled to a refund of any amount greater than that already paid
to the Town of Queensbury on a particular site plan, subdivision plan
or planned unit development. All refunds claimed due and owing as
a result of this local law must be claimed within one year from the
date hereof."
A.
In addition to all other requirements set forth in the state statutes of the State of New York, Chapter 179, Zoning, and local laws of the Town of Queensbury, the developer of a multiple-family dwelling unit, hereinafter referred to as "developer," shall file with the Planning Board a site plan detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recreational space shall be provided by the developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the development. Notwithstanding any approval by the Planning Board or other board or committee, no area proposed to be dedicated to the Town pursuant to this section shall be accepted by the Town unless the Town Board of the Town of Queensbury, acting in its absolute discretion, adopts a resolution approving of such proposed dedication of land to the Town and authorizing the acceptance of such lands by the Town. In the absence of such a resolution of approval and authorizing acceptance, developer shall pay recreation fees as provided for pursuant to Subsections B and C of this section.
[Amended 1-28-2013 by L.L. No. 1-2013]
(1)
The Planning Board and Town Board shall consider the
following in determining the suitability of the land proposed for
dedication for recreational purposes.
(a)
The size and shape of the reserved land and
whether, among other things, the reserved land is of a reasonable
size for a park or other recreation use.
(b)
Whether the land is usable land, which for purposes
of these regulations shall be taken to mean land that is relatively
level and dry.
(c)
The location of the reserved land, i.e., whether
the land is:
[1]
Located in the area which is heavily populated.
[2]
Near other recreational areas.
[3]
Near other recreational areas providing the
same type of recreation.
[4]
In a location which will provide a safe and
an accessible recreation area for Town residents.
[5]
Of benefit to the proposed development.
(d)
The Master Plan for the Town of Queensbury and
the Master Plan for Parks and Recreation in the Town of Queensbury
in effect at the time the determination of suitability is made.
(e)
The prospective character of the development
and surrounding area.
(2)
In no event shall the Planning Board of the Town of
Queensbury make a determination as to whether it will accept or reject
the developer's offer of dedication of lands for recreational space
until such time as the Planning Board has served notice of the developer's
desire to so dedicate land upon the Town Board of the Town of Queensbury,
Planning Department and Recreation Commission and afforded the afore-described
local governmental Board, Department and Commission an opportunity
to offer comments upon the dedication and discuss the same with the
Planning Board. The notice provided for herein shall be served upon
the aforementioned Board, Department and Commission no later than
10 days following the time the developer makes the offer of dedication
of recreational lands, and in no event shall the Planning Board either
reject or accept the proposed dedication until at least 10 days following
the time notice is served upon the aforementioned Board, Department
and Commission. The notice required hereunder shall be addressed to
each one of the governmental agencies indicated and shall contain
the following information:
(a)
The date the notice is served;
(b)
The name of the developer;
(c)
The name of the subdivision or site plan being
reviewed;
(d)
The location of the project;
(e)
The amount of land proposed to be dedicated
for recreational use;
(f)
The location of the land being offered for recreational
purposes;
(g)
Any limitations proposed by the developer;
(h)
The zoning district within which the land is
located;
(i)
A general description of the nature of the land
offered for dedication, i.e., wetland, hilly drain, flat or other
description; and
(j)
The date and time when the Planning Board will
consider acceptance of the proposed dedication of land.
B.
Notwithstanding Subsection A herein, when requested by the developer or in cases where the Planning Board finds that, due to the size, shape, topography or location of the development, land for park, playground or other recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Board may waive the requirement that the site plan show land for such purposes. The Planning Board shall then require as a condition of approval of the site plan a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury as set forth herein times (x) the number of assessable dwelling units, except that the developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and for which a recreation fee has been paid. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof.
C.
Any amounts paid pursuant to this article shall be
paid to the Town Board of the Town of Queensbury at the time that
a building permit application is submitted for construction of the
principal building(s) which contain the assessable dwelling units.
At no time shall a building permit be issued for construction of a
principal building containing assessable dwelling units without payment
of the recreation fee as required by this article.
[Amended 8-19-1996 by L.L. No. 5-1996]
A.
In addition to all other requirements set forth in the state statutes of the State of New York, Chapter 179, Zoning, and local laws of the Town of Queensbury, the developer of a subdivision, hereinafter referred to as "developer," shall file with the Planning Board a plat detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recreational space shall be provided by the developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the subdivision. Notwithstanding any approval by the Planning Board or other board or committee, no area proposed to be dedicated to the Town pursuant to this section shall be accepted by the Town unless the Town Board of the Town of Queensbury, acting in its absolute discretion, adopts a resolution approving of such proposed dedication of land to the Town and authorizing the acceptance of such lands by the Town. In the absence of such a resolution of approval and authorizing acceptance, developer shall pay recreation fees as provided for pursuant to Subsections B and C of this section.
[Amended 1-28-2013 by L.L. No. 1-2013]
(1)
The Planning Board and Town Board shall consider the
following in determining the suitability of the land proposed for
dedication for recreational purposes:
(a)
The size and shape of the reserved land and
whether, among other things, the reserved land is of a reasonable
size for a park or other recreational use.
(b)
Whether the land is usable land, which for purposes
of these regulations shall be taken to mean land that is relatively
level and dry.
(c)
The location of the reserved land, i.e., whether
the land is:
[1]
Located in the area which is heavily populated.
[2]
Near other recreational areas.
[3]
Near other recreational areas providing the
same type of recreation.
[4]
In a location which will provide a safe and
an accessible recreation area for Town residents.
[5]
Of benefit to the proposed development.
(d)
The Master Plan for the Town of Queensbury in
effect at the time the determination of suitability is made.
(e)
The prospective character of the development
and surrounding area.
(2)
In no event shall the Planning Board of the Town of
Queensbury make a determination as to whether it will accept or reject
the developer's offer of dedication of lands for recreational space
until such time as the Planning Board has served notice of the developer's
desire to so dedicate land upon the Town Board of the Town of Queensbury,
Planning Department and Recreation Commission and afforded the aforedescribed
local governmental Board, Department and Commission an opportunity
to offer comments upon the dedication and discuss the same with the
Planning Board. The notice provided for herein shall be served upon
the aforementioned Board, Department and Commission no later than
10 days following the time the developer makes the offer of dedication
of recreational lands, and in no event shall the Planning Board either
reject or accept the proposed dedication until at least 10 days following
the time notice is served upon the aforementioned Board, Department
and Commission. The notice required hereunder shall be addressed to
each one of the governmental agencies indicated and shall contain
the following information:
(a)
The date the notice is served;
(b)
The name of the developer;
(c)
The name of the subdivision being reviewed;
(d)
The location of the project;
(e)
The amount of land proposed to be dedicated
for recreational use;
(f)
The location of the land being offered for recreational
purposes;
(g)
Any limitations proposed by the developer;
(h)
The zoning district within which the land is
located;
(i)
A general description of the nature of the land
offered for dedication, i.e., wetland, hilly drain, flat or other
description; and
(j)
The date and time when the Planning Board will
consider acceptance of the proposed dedication of land.
B.
Notwithstanding Subsection A hereof, when requested by the developer or in cases where the Planning Board finds that, due to the size, shape, topography or location of the subdivision, land for park, playground or other recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Planning Board may waive the requirement that the subdivision plat show land for such purposes. The Planning Board shall then require as a condition of approval of the subdivision plat a payment of recreation fees in lieu of land in an amount equal to the assessment per lot established by the Town Board of the Town of Queensbury as set forth herein times (x) the total number of assessable lots shown on the subdivision plat, except in the case of a proposed subdivision of land containing four or fewer lots which subdivides land not previously subdivided by application to any Planning Board of the Town of Queensbury where the payment of recreation fees in lieu of land shall be in an amount equal to the assessment per lot established by the Town Board of the Town of Queensbury as set forth herein times (x) the total number of assessable lots shown on the subdivision plat less or minus one lot. This exception shall not apply to any subdivisions which were not subdivided by application to any Planning Board of the Town of Queensbury but were legally required to be subdivided. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof.
C.
Any amounts paid pursuant to this article shall be
paid to the Town Board of the Town of Queensbury at the time that
a building permit application is submitted for construction of the
principal building on each assessable lot. At no time shall a building
permit be issued for construction of a principal building on an assessable
lot without payment of the recreation fee as required by this article.
[Amended 8-19-1996 by L.L. No. 5-1996]
A.
In addition to all other requirements set forth in the state statutes of the State of New York, Chapter 179, Zoning, and local laws of the Town of Queensbury, the developer of a planned unit development, hereinafter referred to as "developer," shall file with the Town Board a plat detailing the sites for the reservation and dedication to the Town of Queensbury of a park, playground or other recreational area. Recreational space shall be provided by the developer on the basis of at least 1,000 square feet per lot, but in no case shall the amount be more than 10% of the total area of the planned unit development. Notwithstanding any approval by the Planning Board or other board or committee, no area proposed to be dedicated to the Town pursuant to this section shall be accepted by the Town unless the Town Board of the Town of Queensbury, acting in its absolute discretion, adopts a resolution approving of such proposed dedication of land to the Town and authorizing the acceptance of such lands by the Town. In the absence of such a resolution of approval and authorizing acceptance, developer shall pay recreation fees as provided for pursuant to Subsections B, C and D of this section. The Town Board shall consider the following in determining the suitability of the land proposed for dedication for recreational purposes:
[Amended 1-28-2013 by L.L. No. 1-2013]
(1)
The size and shape of the reserved land and whether,
among other things, the reserved land is of a reasonable size for
a park or other recreation use.
(2)
Whether the land is usable land, which for purposes
of these regulations, shall be taken to mean land that is relatively
level and dry.
(3)
The location of the reserved land, i.e., whether the
land is:
(a)
Located in an area which is heavily populated.
(b)
Near other recreational areas.
(c)
Near other recreational areas providing the
same type of recreation.
(d)
In a location which will provide a safe and
an accessible recreation area for Town residents.
(e)
Of benefit to the proposed development.
(4)
The Master Plan for the Town of Queensbury in effect
at the time the determination of suitability is made.
(5)
The prospective character of the development and surrounding
area.
B.
Notwithstanding Subsection A hereof, when requested by the developer or in cases where the Town Board finds that, due to the size, shape, topography or location of the planned unit development, land for parks, playgrounds or other recreational purposes cannot be properly located therein, or where the developer cannot or does not wish to provide other land for recreational purposes acceptable to the Planning Board, the Town Board may waive the requirement that the planned unit development show land for such purposes. The Town Board shall then require as a condition of approval of the planned unit development a payment of recreation fees in lieu of land in an amount equal to the assessment per dwelling unit established by the Town Board of the Town of Queensbury as set forth herein times (x) the number of assessable dwelling units planned for the planned unit development at the time approval is given, except that the developer shall receive a credit towards the amount due hereunder of any sums previously paid for the land or any portion thereof which has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and for which a recreation fee has been paid. The Town Board, however, shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof.
C.
Any amounts paid pursuant to this article shall be
paid to the Town Board of the Town of Queensbury at the time that
a building permit application is submitted for construction of the
principal building on each assessable lot; or the construction of
a principal building containing assessable dwelling units within an
approved planned unit development. At no time shall a building permit
be issued for construction of a principal building on an assessable
lot or construction of a principal building containing assessable
dwelling units within an approved planned unit development without
payment of the recreation fee as required by this article.
[Amended 8-19-1996 by L.L. No. 5-1996]
D.
A planned unit development for which recreation fees
are paid or land is dedicated as required herein shall not be assessed
any further recreation fees or be required to dedicate any further
recreation lands by the Planning Board or any other Board during subsequent
reviews, unless the total number of assessable dwelling units exceeds
the number of assessable dwelling units planned at the time the planned
unit development was approved, in which case any Board issuing further
approvals may assess additional recreation fees in accordance with
the formula set forth herein or may require additional land to be
set aside and dedicated for recreational purposes.
[Added 1-28-2013 by L.L. No. 1-2013[1]]
A.
In addition to all other requirements set forth in the state statutes of the State of New York, and/or in Chapter 178, Zoning - Subdivision Review, and/or Chapter 179, Zoning, of the Queensbury Town Code, and/or other local laws of the Town of Queensbury, the developer of any new dwelling unit or units, including a single-family dwelling, duplex or two-family dwelling, multiple-family dwelling, apartments, condominiums, townhouses and/or manufactured or modular home, but not including a mobile home, hereinafter referred to as "developer," shall pay recreation fees in an amount equal to the assessment per dwelling unit, established by the Town Board of the Town of Queensbury as provided for herein, multiplied by the number of assessable dwelling units, except that the developer shall receive a credit towards the amount due hereunder if the property on which such dwelling would be located, or any portion thereof, has been previously subjected to review and approval by the Planning Board of the Town of Queensbury and, as to such property or portion thereof or proposed improvements thereon, a recreation fee was paid in the proper amount or land was dedicated to the Town specifically for a park, playground or recreational area, pursuant to the provisions of this article.
B.
Any amounts
paid pursuant to this article shall be paid to the Town Board of the
Town of Queensbury at the time that a building permit application
is submitted for construction of the principal building(s) which contain(s)
the assessable dwelling unit(s). At no time shall a building permit
be issued for construction of a principal building containing assessable
dwelling units without payment of the recreation fee as required by
this article unless the proper recreation fee assessment was previously
paid to the Town, or land was dedicated to the Town specifically for
a park, playground or recreational area, pursuant to this article.
[Amended 1-28-2013 by L.L. No. 1-2013]
The recreation fee for each assessable lot or
assessable dwelling unit, if applicable as set forth herein, shall
be in the amounts specified in a Town fee schedule, the creation and
establishment of which is hereby authorized.[1] The fee schedule shall list such recreation fees and may
also list such other fees as the Town Board, in its absolute discretion,
may designate and approve from time to time by resolution. The Town
Board shall have the authority to amend the amounts of the recreation
fees and any other fees, and the Town's fee schedule, from time to
time by resolution.
[1]
Editor's Note: The current fee schedule is on file in the
Town Clerk’s office.
A.
Any payments made of recreational fees pursuant to
this article shall be held in a special fund for acquisition and development
of recreation land. All money in this fund is to be used only for
the following:
(1)
The purchase of land that is suitable for new or enlarged
parks, playgrounds or open spaces and located so as to benefit the
inhabitants of subdivisions, multifamily dwellings or planned unit
developments, the developers of which originally contributed recreational
funds.
(2)
The improvement of new or existing parks, playgrounds
and open space lands which benefit the residents of the subdivisions,
multifamily development or planned unit development, the developers
of which paid recreation fees to the Town of Queensbury pursuant to
this article.
B.
In any case, the Town Board shall be satisfied that
required recreational land will be maintained and will not be used
other than for recreational purposes.
Nothing in this article shall be construed as
prohibiting a developer from reserving other land for recreational
purposes in addition to the requirements of this article, and the
Planning Board shall have the right to regulate the hours of operation,
access by the general public, use and maintenance and otherwise regulate
the use of the same.
[Amended 1-28-2013 by L.L. No. 1-2013]
The terms and provisions of this article shall apply to any subdivision plat, multiple-family dwelling site plan or planned unit development reviewed and approved in accordance with the provisions of Chapter 178, Zoning – Subdivision Review, and/or the provisions of Chapter 179, Zoning, and related chapters, of the Town of Queensbury Code, as applicable, adopted on or after October 1, 1988, including any changes or amendments to such chapters. The terms and provisions of this article shall also apply to any single-family dwelling, duplex or two-family dwelling, multiple-family dwelling, apartment, condominium, townhouse and/or manufactured or modular home (exclusive of mobile homes) for which no recreation fee was paid and no land was dedicated to the Town specifically for a park, playground or recreational area pursuant to the provisions of this article, and for which dwelling an application is made for a building permit pursuant to Town Code § 88-12, or other applicable section or chapter of Town Code, following the effective date of this section.
[Adopted 4-17-2000 by L.L. No. 5-2000]
The purpose of this article is to protect the
public from the unauthorized discharge of firearms in Town parks and
recreation areas by making it a criminal action to discharge a firearm
or bow in or near Town parks and recreation areas.
As used in this article, the following terms
shall have the meanings indicated:
Any bow and arrow, crossbow or any similar weapon.
Any pistol, revolver, shotgun or other weapon, irrespective
of size, by whatever name known, loaded or unloaded, from which a
bullet or bullets or shots may be discharged.
All persons designated as peace officers in accordance with
§ 2.10 of the Criminal Procedure Law of the Consolidated
Laws of New York.
All Town-owned or -controlled parks, playgrounds or beach
areas, including, without limitation, the Hudson River Park.
It shall be unlawful for anyone, other than
a peace officer, in the line of duty, to use a firearm or a bow in
any Town park or recreation area.
It shall be unlawful for anyone other than a
peace officer, in the line of duty, to discharge any firearm or a
bow in such a fashion so that the projectile therefrom shall pass
across or on any Town park or recreation area.
A person convicted of violating this article
shall be guilty of a misdemeanor and shall be subject to a fine of
not less than $500 and/or imprisonment for a period of not more than
60 days.
