[HISTORY: Adopted by the Town Board of the Town of Goshen 1-26-1989
by L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Joint Recreation Commission — See Ch.
32.
Littering and dumping — See Ch.
68.
Vehicles and traffic — See Ch.
89.
This chapter shall be known and may be cited as the "Park Conduct Law."
The Town Board of the Town of Goshen has found that, for the purpose
of promoting the health, safety, morals or general welfare of the community
and the peace and good order thereof, this chapter should be adopted to regulate
and set forth standards of conduct in public parks, including the restricting
of the possession of open containers of alcoholic beverages in said public
parks.
A. For the purpose of this chapter, the following terms
shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirts, wine or beer and capable
of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
PUBLIC PARKS
Includes all parks, playgrounds, recreational facilities or recreation
areas owned and maintained by the Town of Goshen and all buildings, structures,
shelters, facilities and improvements thereon located in any park, playground,
recreation facility or recreation area owned and maintained by the Town of
Goshen.
B. All other terms shall have the meanings normally ascribed
to them in regular usage.
No person shall fire or discharge any gun, pistol, firearm or slingshot
or any rocket, torpedo or other fireworks of any description or carry or transport
the same in any public park, unless upon permission of the Town Board.
No person shall climb any tree, injure, deface, disturb or befoul any
part of a public park or any buildings, signs, equipment or other property
found therein, or remove, cut down, cut, injure or destroy any tree, flower,
shrub, ornament, statue, fence, bridge, structure or other property within
any public park or park approach or within any other area under the control
of the Town of Goshen and/or the Joint Recreation Commission of the Town and
Village of Goshen.
No person shall kindle, build, maintain or use a fire in any public
park or park approach for any purpose except in a stove, fireplace, oven or
fire circle provided for that purpose. A fire shall be continuously under
the care and direction of a competent person from the time it is kindled until
it is extinguished. Lighted matches, cigarettes, cigars or burning tobacco
must not be deposited or left where they may cause fires.
No person shall deposit, dump, throw or place any earth, rubbish, paper,
bottle, bits of crockery, glass or glassware, metallic or other substance,
garbage or other refuse matter or any sand, stone, lumber or other material
of any kind in or upon any part of the water or grounds of any public park
or park approach. Grounds must be maintained in a clean and sanitary condition.
Garbage and refuse must be deposited in receptacles provided.
No person shall bring any dog or dogs into any public park unless the
same is on a leash and kept on a leash while in the park.
No person shall hunt game within the boundaries of a public park.
No person, acting individually or jointly with other persons, shall
have in his possession any open container containing an alcoholic beverage
in any public park within the Town of Goshen.
A. The foregoing prohibition shall not apply in the event
of a fair, picnic or community or family gathering for which a special permit
authorizing the possession of open containers of alcoholic beverages has been
expressly granted by the Chairman of the Joint Recreation Commission of the
Town and Village of Goshen. An application for a special permit to allow for
an exception in any area of a public park shall be made to the Chairman of
the Joint Recreation Commission of the Town and Village of Goshen. Such permits
may be issued to the applicant under such circumstances and conditions as
prescribed by the Town Board. Such permit shall be on a form prescribed by
the Joint Recreation Commission and shall be available for inspection by any
Town official or employee during the term the permit is operative. Such permit
may be revoked at any time by the Town Board upon reasonable belief of a violation
of any of the conditions under which the permit was issued.
B. The foregoing prohibition shall not apply to premises
within any public part of the Town where a license has been issued by the
New York State Liquor Authority to permit the sale and consumption of alcoholic
beverages on said premises and the Director of Recreation has expressly authorized
that an application be made for such a license.
No person shall drive or cause to be driven along or over any road within
any public park any vehicle at a speed in excess of 15 miles per hour, nor
shall any person park or cause to be parked any vehicle at any point where
a sign prohibiting parking has been erected pursuant to the direction of the
Director of Parks and Recreation. "Vehicles" shall include snowmobiles, motorcycles,
motor-driven cycles, motor scooters and bicycles with motors attached.
No person, firm or corporation shall sell or offer for sale within the
public parks any property or privilege whatsoever unless authorized by the
Town Board of the Town of Goshen and/or the Joint Recreation Commission of
the Town and Village of Goshen.
No person shall enter or remain in a public park owned or maintained
by the Town of Goshen between sunset and sunrise the following day, except
where a person is a spectator or participant in an event or activity under
the direct supervision of or sponsored by the Town of Goshen or an event or
activity expressly authorized and allowed in the park by the Town Board, the
hours of said event or activity extending beyond sunset.
A. Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed an offense punishable by a fine
not to exceed $250 or imprisonment for a period not to exceed six months,
or both; provided, however, that for the purpose of conferring jurisdiction
upon the courts and judicial officers generally, such violation shall be deemed
a misdemeanor, and for such purpose only, all provisions of law relating to
misdemeanors shall apply to such violations.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that the violation of this chapter is committed
or is permitted to exist shall constitute a separate offense.
The declaration of any portion of this chapter by a court of competent
jurisdiction to be invalid shall not invalidate the entire chapter, but only
that part thereof so declared to be invalid, and the remainder of said chapter
shall remain in full force and effect.
This chapter shall take effect immediately.