[HISTORY: Adopted by the Rockland County
Board of Supervisors 10-3-1967 by L.L. No. 19-1967. Amendments noted
where applicable.]
GENERAL REFERENCES
Park Commission — See Ch. 128.
Note: In accordance with a motion adopted by the Rockland
County Park Commission on March 19, 2018, all County-owned parks are
designated as “smoke-free,” including all tobacco products,
e-cigarettes (vaping) and smokeless tobacco (chewing).
It is the intent of this chapter to establish
rules and regulations for the use of County parks within the County
of Rockland in order to provide for the protection, order, conduct,
safety, health and well-being of persons and property.
For the purpose of this chapter, unless otherwise
indicated by the context, the following terms shall have the meanings
indicated:
[Added 3-3-1987 by L.L. No. 2-1987]
Any motorcycle or any motor vehicle not equipped
in conformity for registration under § 401, 410, 411-b or
2261 of the Vehicle and Traffic Law of the State of New York, provided
that such vehicle does not exceed 60 inches in width or 800 pounds'
dry weight.
Any motor vehicle registered under Article 48-B
of the Vehicle and Traffic Law and manufactured and sold for operation
primarily on off-highway trails or in off-highway competitions and
only incidentally operated on designated public highways.
Any beach or water area designated as a "bathing area."
Any path maintained for persons riding on horseback.
The Rockland County Park Commission established by the Board
of Supervisors of Rockland County.[1]
Any path or trail maintained for pedestrians.
Any function such as caring for oneself, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and
working.
[Added 9-7-1999 by L.L. No. 7-1999]
Any vehicle propelled by motor power, including but not limited
to all-terrain vehicles.
[Amended 3-3-1987 by L.L. No. 2-1987]
Any person, firm, association, copartnership or corporation
owning, operating or having the exclusive use of a vehicle, animal
or other property under a lease or otherwise.
All lands, parkways, park roads, bridges, spurs, open spaces
and boulevards, and also entrances and approaches thereto, buildings,
structures, recreational areas and facilities, docks and piers, waters
and lands under water, and all other rights and appurtenances under
the jurisdiction and control of the Rockland County Park Commission
in the County of Rockland.
Any written license issued by or under the authority of the
Commission, permitting the performance of a specified act or acts.
Any natural person, corporation, company, association, joint-stock
association, firm or copartnership.
Any section or area of the park set aside and designated
for picnicking purposes.
Any section or area of the park set aside and designated
for sports and games.
[1]
Editor's Note: Now the County Legislature.
This chapter shall apply to all parks under
the jurisdiction, management and supervision of the Commission but
shall not apply to any public highways as defined in the Vehicle and
Traffic Law of the State of New York.
A permit to do any act shall authorize the same
only insofar as it may be performed in strict accordance with the
terms and conditions thereof. Any violation by its holder or its agents
or employees of any term or condition thereof shall constitute grounds
for revocation by the Commission, or by its authorized representative,
whose action therein shall be final. In case of revocation of any
permit, all moneys paid for or on account thereof shall, at the option
of the Commission, be forfeited to and be retained by it, and the
holder of such permit, together with his agents and employees who
violated such terms and conditions, shall be jointly and severally
liable to the Commission for all damages and loss suffered by it in
excess of money so forfeited and retained; but neither such forfeiture
and retention by the Commission of the whole or any part of such moneys
nor the recovery or collection thereby of such damages, or both, shall
in any manner relieve such person or persons from liability to punishment
for any violation of any provision of this chapter.
No person shall:
A.
Injure, deface, disturb or befoul any part of the
park or any building, equipment or other property found therein.
B.
Injure, deface, displace, remove or destroy any sign,
notice, inscription, post or monument erected or marked for any purpose
or any mileboard, milestone, danger sign or signal, guide sign or
post or any signaling device, sanctioned, installed or placed by said
Commission or by the State of New York or any of its political subdivisions
or agencies within the parks for the purpose of directing, restricting
or regulating traffic, establishing zones or giving information or
directions to the public.
C.
Interfere with any lamp, lamppost, gas or electric
light apparatus or extinguish the light therein, except upon proper
authority.
D.
Without a permit, attach, string, adjust or place
any wire or other object in, on or over any part of any park.
E.
Remove, injure or destroy any tree, flower, shrub,
rock or other mineral found therein or set fire or assist another
to set fire to any timber, trees, shrubs, grass, leaves, plant growth
or any combustible material or suffer any fire upon other land to
extend onto any part of the park.
No person shall:
A.
Throw, cast, lay, drop, discharge, deposit or leave,
in any part of the park, any garbage, sewage, refuse, paper, rubbish
of any sort, waste or obnoxious material otherwise than in receptacles
or pits provided for such purposes.
B.
Within any park, throw, cast, lay, drop or discharge
into or leave in the waters in any park or in any storm sewer or drain
flowing into said waters any substance, matter or thing, liquid or
solid, which may or shall result in the pollution of said waters.
C.
Discharge, directly or indirectly, into any opening
or into any gutter leading into any sewer, receiving basin or drain
in or leading into any park any gas or vapor or any substance which
may form a deposit tending to choke the same, or any volatile liquid
which will emit a flammable vapor at a temperature below 160°
F. or any steam or hot water above 100° F.
A.
Traffic control. The Rockland County Park Commission
shall have charge and control over all traffic in the park, on the
park drives, parkways and in parking areas within the scope of this
chapter, and all persons shall comply with directions on traffic signs
on or along the route of the parkways or the drives or parking fields
in the parks. All persons shall comply with any lawful direction of
park personnel or any other person duly empowered to enforce the laws
of the State of New York.
[Amended 3-3-1987 by L.L. No. 2-1987]
B.
Park roads. The use of park roads is restricted except
by permission of the Commission to automobiles classed as pleasure
vehicles, excluding, however, such vehicles when adapted to or used
for the carrying of commercial goods or materials. No motor vehicles,
horse-drawn vehicle or bicycle will be permitted along the footpaths
or trails within the park areas, except by permission of the Commission.
C.
Parkways. The use of parkways under the jurisdiction
of the Commission is restricted except by permission of the Commission
to automobiles classed as pleasure vehicles, excluding, however, such
vehicles when adapted to or used for the carrying of commercial goods
or materials. In order to provide for the maximum safe use of such
parkways and to preserve life and limb, the following are forbidden
to use such parkways: pedestrians; riders and drivers of horses; bicycles;
motorized bicycles, including safticycles and similar types of vehicles;
scooters; motorettes and other similar small power-propelled vehicles
of two or three wheels, any of which has an overall diameter of less
than 15 inches, excluding the tire.
D.
Entering and driving off pavement, towing. No vehicle
shall enter upon or drive off the improved or paved portion of any
park road or parkway except at designated parking areas. Disabled
vehicles shall be driven or moved off the paved portion of the park
road or parkway so as to prevent obstruction of traffic, but a disabled
vehicle shall be permitted to remain in the park or on a parkway right-of-way
only until temporary repairs are made or until power can be obtained
to remove it. No person shall cause or permit a vehicle to be towed
or pushed by another vehicle on a parkway or park road, except that
a disabled vehicle may be towed to the nearest exit by a tow truck
operated under permission and only by such tow truck. No vehicle shall
be parked or left standing except in areas and during such hours and
under such conditions as may be designated by the Commission for that
purpose. All occupied vehicles parked within the confines of the park
during hours of darkness shall display parking lights at all times.
E.
Persons or objects on outside of cars. No person shall
operate or drive in the park a vehicle containing any person or object
projecting or hanging outside or on the top thereof, except that outdoor
sports and recreation equipment such as skis, ski poles, fishing rods,
beach chairs, beach umbrellas, tent poles, toboggans and sleds may
be carried on the rear of such vehicle or on a rack designed for the
purpose and attached to the top thereof, provided that, in all cases,
fastenings shall be secure and substantial, and provided that such
equipment so carried shall in no case project more than 12 inches
above the top or to the rear of the customary permanent equipment
of such vehicle.
F.
Obstructing traffic. No person shall cause or permit
a vehicle to:
(1)
Unnecessarily stop or obstruct traffic on any park
road, drive or parkway, except in cases or emergency when traffic
conditions make such stopping necessary.
(2)
Be driven at such slow speed as to impede or block
the normal and reasonable movement of traffic except when such reduced
speed is necessary for safe operation.
(3)
Cross any solid longitudinal traffic line on any park
road, drive or parkway.
(4)
Weave in and out of traffic or change its course so
as to unreasonably interfere with the right-of-way of any driver on
the right or left, or to cut from one lane to another so as to unreasonably
interfere with the right-of-way of any driver affected by such change
in lanes.
(5)
Enter or swerve into any lane of any park road, drive
or parkway in such manner or at such speed as to unreasonably interfere
with the right-of-way of any driver on any such park road, drive or
parkway.
(6)
Be driven or backed on a lane of a parkway, drive
or park road in a direction opposite to that of the movement of traffic
in such lane.
(7)
Stop on the improved or paved roadway of a park road,
drive or parkway for the purpose of removing or replacing a tire or
performing other work or repairs, and no person shall remove or replace
a tire or make repairs to a vehicle unless the vehicle is completely
off the improved or paved roadway.
G.
Vehicles having any name, insignia or sign painted
or displayed thereon for business or advertising purposes are prohibited
in parks except as provided in this subsection. For purposes of identification,
the name and address only of the owner of a vehicle, on the side thereof,
in letters not more than two inches in height, shall not be construed
as being displayed for business or advertising purposes. Vehicles
owned and operated by governmental agencies, of types normally permitted
to operate on the parkways, are excepted from this rule.
H.
Licensed ambulances for sick or injured persons shall
be permitted to operate over parkways when on emergency service.
I.
Nothing contained in this chapter shall apply to the
wagons, trucks and apparatus of a Fire Department, Police Department
or other law enforcement agency or ambulance or to emergency repair
wagons, when responding for emergency work in case of fire, accident,
public disaster, impending danger or emergency.
J.
Speed limit. In general a rate of speed in excess
of 40 miles an hour on any park road or parkway is prohibited. However,
on park roads and parkways where a different speed limit is considered
to be appropriate, the maximum speed allowed will be indicated by
signs.
K.
All motor vehicles designated as omnibuses, hearses,
trucks, semitrailers or trailers of any type, including self-propelled
and non-self-propelled vehicles designated, constructed or adapted
for use as dwelling or sleeping quarters, are forbidden to operate
over or use a park road or parkway, except as follows:
(1)
Omnibuses known as "taxis" will be permitted to operate
over a parkway to discharge or pick up passengers at a park or bathing
establishment, but in no case will cruising or soliciting of passengers
en route be permitted.
(2)
No person shall drive or operate within a park any
omnibus or other vehicle adapted for more than seven passengers, excluding
the driver, except under permit. Omnibuses known as "outing buses"
will be permitted to operate by the shortest possible route from outside
a park to discharge or pick up their passengers from a picnic or bathing
area only if a permit to enter the park has been issued by the Rockland
County Park Commission to the organization sponsoring the outing or
picnic. Buses must proceed over the route and to the section designated.
L.
Hitchhiking. No person shall stop or attempt to stop
by any visible or audible sign or signal any vehicle for the purpose
of soliciting a ride from the driver of such vehicle, except in cases
of emergency.
M.
ATV operation; responsibility.
[Added 3-3-1987 by L.L. No. 2-1987]
(1)
Negligence in the use or operation of an ATV shall
be attributable to the owner. Every owner of an ATV used or operated
in a County park shall be liable and responsible for death or injury
to persons or damage to property resulting from negligence in the
use or operation of such ATV by any person using or operating the
same with the permission, express or implied, of such owner.
(2)
No owner or other person in possession of any ATV
shall authorize or knowingly permit any person under 16 years of age
to operate such ATV in violation of any provision of this chapter,
the rules and regulations of the Commissioner of the New York State
Department of Motor Vehicles nor the provisions of any local law or
ordinance. No parent or guardian shall authorize or knowingly permit
his child, if under 16 years of age, to operate an ATV in violation
of any provision of this chapter or rules or regulations promulgated
hereunder.
No person shall:
No person shall:
A.
Light any fire or fires in any part of the park except
in places designated for such purpose and then only during such hours
and with such fuel as may be designated by the Commission.
B.
Leave a fire until same has been completely extinguished.
C.
Discard any lighted cigarette, cigar, cigarillo, pipe
dottle, match or any other burning material without extinguishing
same immediately.
No person shall, without a permit from the Commission:
A.
Sell or offer for sale, hire, lease or let out any
object or merchandise or any other thing or service.
B.
If a person to whom property of the park has been
entrusted by the Commission for personal use, hire, lease or let out
the same to any other person.
C.
For advertising, commercial or publicity purposes,
take moving pictures or photographs within the limits of any park
or on any parkway or buy or sell or publish the negatives thereof
or the prints therefrom or exhibit such negatives or prints in public
or use pictures or photographs of any park, parkway or park structure.
D.
Operate a bus, taxicab or other vehicle for the transportation
of passengers or property for hire, except as provided herein or for
other commercial purposes within the park, except that no permit shall
be required for the operation of such bus, taxicab or other vehicle
from or to points outside the park through the park on state, County
or other public highways, provided that no stops are made in the park
for the reception or discharge of passengers or property.
E.
In operating a boat or airplane for hire, discharge
or receive passengers at any of the docks or lands owned or controlled
by the Commission.
No person shall have or carry firearms of any
description within the park, except when so authorized by law, or
have or carry any airgun, slingshot, blowgun, bow and arrow or any
other device whereby a missile may be thrown or any hatchet, axe or
other cutting tool, except only the common pocket knife, without a
permit from the Commission.
No person shall, without a permit from the Commission,
hunt, pursue with dogs, trap or in any other way molest any of the
wild birds and beasts found within the confines of the park.
No person shall:
No person shall, without a permit from the Commission,
post, paint, affix, distribute, hand out, deliver, place, cast or
leave about any bill, billboard, placard, ticket, handbill, circular
or advertisement; display any flag, banner, transparency, target,
sign, placard or any other matter for advertising purposes; or operate
any musical instrument or drum or cause any noise to be made for advertising
purposes or for the purpose of attracting attention to any exhibition,
performance or show or for any other purpose.
[Amended 9-7-1999 by L.L. No. 7-1999]
No person shall cause or permit any animal owned
by him or in his care or custody to be in any area of any park, except
dogs or horses or other animals used by disabled individuals to assist
that individual in performing one or more major life activity. Any
animal found unattended may be seized and impounded.
[Amended 9-7-1999 by L.L. No. 7-1999]
A.
No person shall:
(1)
Cause or permit any dog owned by him or in his care
or custody to be in a park not designated for dogs, except a dog used
by a disabled individual to assist that individual in performing one
or more major life activity.
(2)
Cause or permit any dog owned by him or in his care
or custody to be in a park designated for dogs and not restrained
by a leash exceeding six feet except:
(3)
Cause or permit any dog owned by him or in his care
or custody to be in a park designated for dogs and in a building or
camping area or picnic area or bathing area or on an improved walk
except a dog which is used by a disabled individual to assist that
individual in one or more major life activity.
B.
Any dog found unattended in any area of any park may
be seized and impounded.
C.
The person owning or caring for or having custody
of a dog in any area of any park shall be responsible for all damages
and/or injury to life and property due to or resulting from the actions
of the dog in the park.
D.
No person shall use, walk, ride or drive a horse except
in a park designated for horses and then only along a designated bridle
path which shall include areas designated for access to or egress
from such bridle path. Any such horse shall be well-broken and constantly
held in such control that it may be easily and quickly stopped. Reckless
driving or riding on bridle paths is prohibited.
Bridle paths shall not be used after 1/2 hour
after sunset or before 1/2 hour before sunrise. Any horse found to
be unbridled and unattended may be seized and impounded. The person
owning or caring for or having custody of a horse in any area of any
park shall be responsible for all damages and/or injury to life and
property due to or resulting from the actions of the horse in the
park.
No person shall:
A.
Climb or descend the cliffs of slopes at points other
than those designated for that purpose.
B.
Climb upon any wall, fence, shelter, building, seat
or structure.
C.
Enter in or upon any building, structure, road, path
or any other property within the park which may, from time to time,
be closed or designated as a restricted area, without permission from
the Commission.
No person shall:
A.
Use loud, boisterous, indecent, threatening, abusive
or insulting language.
B.
Interfere with, hinder, obstruct or disobey any employee
of the County in the legal performance of his duty.
C.
Be indecently dressed or exposed within the confines
of the park.
D.
Throw stones or missiles, annoy or assault other persons,
interfere with, encumber, obstruct or render dangerous any drive,
path, walk, dock, beach or other public place or otherwise conduct
himself in such a manner as to endanger or be likely to endanger the
health, life, limb or property of other persons or commit any act
tending to be or amounting to a breach of the peace.
E.
Conduct himself in such a manner as to be suggestive
of immoral acts or to be offensive or injurious to the morals of any
other person.
F.
Enter or leave any park area except at established
entrance ways or exits.
G.
Introduce, carry or fire any firecrackers, torpedoes
or fireworks.
H.
Throw, cast, catch, kick or strike any baseball, golf
ball. football, basketball or other object except in places designated
therefor.
I.
Engage in, instigate, aid or encourage a contention
or fight, whether or not a ring or prize fight.
J.
Loiter or remain within a park or any area thereof,
in a vehicle or otherwise, after the posted closing hour or time of
day for the closing of such park or park area without general or special
permission.
Parents, guardians or custodians shall not permit
or allow any minor under their supervision or control to do any act
prohibited by this chapter. Minors under ten years of age shall at
all times be under the supervision and control of a parent, guardian
or custodian.
[Amended 6-5-1985 by L.L. No. 5-1985]
No person shall have, possess, carry or transport
any narcotic drug, liquor, wine, beer or other alcoholic beverages
in or upon any park with the intent to consume same in such park or
with the intent to have same consumed by another person in said park,
and no person shall use any narcotic drug or drink or otherwise consume
liquor, wine, beer, or other alcoholic beverages in or upon any park
area, other than alcoholic beverages on sale in the park under state
license or special approval granted by the County of Rockland or the
County Executive.
No person shall:
A.
Bathe, dive or swim in or off any property of the
park, except at points designated for that purpose.
B.
Use tubes, floats, surfboards, swim fins, aqualungs
or skin-diving equipment of any kind or any other inflated or buoyant
objects or artificial or mechanical aids or devices for swimming or
diving in any waters under the jurisdiction of the Commission.
C.
Change his clothing or disrobe except in the bathhouses
provided for that purpose.
D.
Propel, land or store any canoe, boat or other vessel
in or near any waters within or off the park property, except at points
designated for that purpose.
E.
Moor or tie up any vessel to any dock or other park
property or moor or anchor in any area designated as a boat basin,
except in accordance with directions and in the manner specified on
signs posted by the Commission.
F.
Leave any boat or canoe overnight on any lake in the
park, except campers or camping organizations who have obtained a
permit from the Commission.
G.
Propel, by any type of engine or motor, any boat upon
any lake in the park without a permit from the Commission.
H.
Operate any type of boat in any waters under the jurisdiction
of the Commission in a careless or imprudent manner or at such rate
of speed as endangers or is likely to endanger a person or property
or interferes with, obstructs or delays the free and proper use of
such waters by any other person.
No person shall bring into or have any food
or beverage in any bathing area, except those parts thereof designated
for picnicking or refreshment. No person shall throw, cast, lay or
deposit any glass bottle or piece of crockery nor any glass or glassware
or any part thereof nor metallic or any other substance that might
cause injury on any bathing area in, on or adjoining any park.
A.
No person shall, without a permit from the Commission:
No person shall, within the park or on any parkway
under the jurisdiction of the Commission, erect any structures, stand
or platform; hold any meetings; perform any ceremony; make a speech,
address or harangue; exhibit or distribute any sign, placard, notice,
declaration or appeal of any kind or description; exhibit any dramatic
performance or the performance in whole or in part of any interlude,
tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing entertainment,
motion picture, public fair, circus, juggling, rope-walking or any
other acrobatics or show of any kind or nature; or run or race any
horse or other animal to being in or on a vehicle, race with another
vehicle or horse, whether such race be founded on any stake, bet or
otherwise, without a permit from the Commission. No parade, drill
or maneuver of any kind shall be conducted, nor shall any procession
form for parade or proceed in the park or on any parkway under the
jurisdiction of the Commission without a permit from the Commission.
The Commission or its representatives will regulate
the use or recreation facilities and picnic and play areas so as to
prevent congestion and shall distribute patrons of the park over the
park areas in order to ensure the maximum use of park areas and in
behalf of the comfort and safety of said patrons. All organized picnics
or outings shall obtain special permits from the Commission previous
to their arrival at the park.
A.
If any marine craft at or in the vicinity of any dock,
boat basin, mooring or anchorage under the jurisdiction of the Commission
should burn, submerge or in any way become disabled, the owner, agent
or permittee must immediately raise and/or remove any such disabled
vessel from the vicinity. If said boat is not removed within twenty-four
hours after orders to so remove it, it may be removed by the Commission
at the expense of the owner or person in charge of said boat.
B.
In the event that there is any damage to any park
structure caused by the disabled craft, the owner, agent or permittee
will repair said damage at his own expense.
No person shall, without a permit from the Commission,
have or bring into the confines of the park any explosive, including
any substance. compound, mixture or article having properties of such
a character that, alone or in combination or contiguity with other
substances or compounds, may decompose suddenly and generate sufficient
heat, gas or pressure or any or all of them to produce rapid flame,
combustion or administer a destructive blow to surrounding objects.
No person shall use roller skates or skate,
sled, walk or go upon any ice, or snowshoe, or ski or coast with handsleds,
bobs, carts or other vehicles, on wheels or runners, or be towed on
skis, sled or skates, except at such times and places as may be designated
therefor and until such ice is declared by or under the authority
of the Commission to be in a safe condition therefor.
No person shall use or gain admittance to or
attempt to use or gain admittance to any County park or the facilities
therein for the use of which a charge is made by the Commission unless
he shall pay the charge or price fixed by the Commission.
Parks shall be open to the general public daily,
except as otherwise permitted by the Commission, from one hour before
sunrise to one hour after sunset for all uses.
[Amended 6-5-1985 as L.L. No. 5-1985; 3-3-1987 by L.L. No.
2-1987]
A.
Any violation of the provisions of this chapter shall
constitute an offense, and any person guilty of such offense may,
upon conviction thereof, be punished by a fine of not less than $100
and not exceeding $500 or by imprisonment not exceeding 30 days, or
by both such fine and imprisonment; provided, however, that the violation
of any provision of this chapter governing or regulating traffic,
as defined in the Vehicle and Traffic Law of the State of New York.
shall be a traffic infraction as defined in the Vehicle and Traffic
Law and shall be punishable as provided therein. For the purpose of
conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter, which are herein defined as offenses or
traffic infractions, shall nevertheless be deemed misdemeanors for
the sole purpose of making applicable all procedural provisions of
law relating to misdemeanors.
B.
The Rockland County Parks Manager and the Park Rangers
shall have the power to issue appearance tickets as the same are defined
in Article 150 of the Criminal Procedure Law.
