Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 73.
Animals — See Ch. 76.
Littering — See Ch. 125.
[Adopted 6-12-2000 by L.L. No. 6-2000]

§ 138-1 Purpose.

It is the intent, purpose and scope of this chapter of the Code to ensure the preservation of outdoor public park lands, outdoor recreation facilities and other playground areas within the Village of Cuba Village for the perpetual enjoyment of the residents of the Village of Cuba Village, to regulate activities within these areas consistent with enjoyment of natural settings and park facilities and to prevent any nuisances to the residents of the Village of Cuba Village in the use of such public parklands, outdoor recreation facilities and playground areas or in the enjoyment of private property adjacent to such areas.

§ 138-2 Discrimination.

No person shall, on the grounds of race, color, national origin, religion, age, sex or handicap, be excluded from participation or be subjected to discrimination in any park facility, program or activity.

§ 138-3 Hours of use.

A. 
Village parks shall be open to the public every day of the year from dawn until dusk unless otherwise posted.
B. 
Notwithstanding Subsection A above, Willow Bank Park shall be open from dawn until 11:00 p.m. during the winter sledding season.

§ 138-4 Permits for special events and group use.

A. 
Permits for special events and group use in Village parks, including baseball fields, pavilions and picnic areas, shall be obtained by application to the Village Clerk.
B. 
The application shall set forth the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name, address and telephone number of the individual(s) or organization(s) sponsoring the activity.
(3) 
The day(s) and hours for which the permit is desired.
(4) 
Variances required from park rules and regulations.
(5) 
Any other information which the Village Clerk shall find reasonably necessary to make a fair determination as to whether a permit should be issued.
C. 
The Village Clerk shall issue a permit if it is determined that:
(1) 
The proposed activity or use will not unreasonably interfere with or detract from the general public enjoyment of the Village park.
(2) 
The proposed activity or use will not unreasonably interfere with the promotion of public health, welfare, safety and recreation.
(3) 
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
(4) 
The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation.
(5) 
The facilities desired have not been reserved for other use on the day and at the hour requested in the application.
(6) 
The application does not request a variance which would require approval of the Board of Trustees, including, but not limited to, waiver of the Open Container Law.[1]
[1]
Editor's Note: See Ch. 73, Alcoholic Beverages.
D. 
Keys to Village park facilities, including, but not limited to, restrooms, shall be available during regular business hours of the Village Clerk on the business day immediately preceding the day for which the permit was issued. Any such keys shall be returned to the Village Clerk during regular business hours on the first business day immediately after the day for which the permit was issued.
E. 
No permits for use of the baseball field located at Chamberlain Park shall be issued during the Little League baseball and softball seasons.
F. 
The Village Clerk shall make a report to the Board of Trustees at its monthly meeting regarding permits issued for the previous month.

§ 138-5 Alcoholic beverages.

A. 
No person under the influence of intoxicating substances shall be permitted within a Village park.
B. 
No person shall possess or consume any alcoholic beverage within a Village park without first obtaining written permission from the Board of Trustees.
C. 
Chapter 73 of the Cuba Village Code, commonly known as the "Open Container Law," shall apply in all Village parks.

§ 138-6 Motor vehicles and parking.

A. 
No person shall drive or park any vehicle in a Village park except parking areas and such other areas as may on occasion be specifically designated by the Board of Trustees.
B. 
Notwithstanding Subsection A above, during Little League games at Chamberlain Park, vehicles may park around the perimeter of the baseball field, excepting center field; provided, however, that such parking shall be perpendicular to the baseball field with not less than one car width between each parked vehicle.
C. 
No person shall wash, repair or service any motor vehicle within a Village park.
D. 
No person shall leave their vehicle standing or parked at night in established parking areas or elsewhere in a Village park. No motor vehicles shall be parked in a Village park from 1/2 hour after closing until 9:00 a.m., except as otherwise authorized by the Board of Trustees.

§ 138-7 Camping.

A. 
No person shall set up a tent, shack or any other temporary shelter for the purpose of overnight camping unless specifically authorized by the Board of Trustees.
B. 
No person shall leave any movable structure or special vehicle to be used or that could be used for camping, including, but not limited to, house trailer, camp trailer, camp wagon or the like, in a Village park from 1/2 hour after closing until 9:00 a.m., except as otherwise authorized by the Board of Trustees.

§ 138-8 Refuse.

No person shall leave or deposit refuse, garbage or litter in any Village park except in proper receptacles. When no receptacles are provided, all such garbage, refuse and litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

§ 138-9 Damage to Village park facilities.

A. 
No person shall mark, deface, disfigure, injure, tamper with, displace or remove any park property, including trees, buildings, tables, benches, fireplaces, fences, railings, signs, notices, playground equipment or other park structures and facilities.
B. 
Any damage to Village park facilities shall be immediately reported to the Village Clerk. The person(s) or organization(s) responsible for such damage shall be liable to the Village for all costs necessary to repair such damage.

§ 138-10 Commercial use.

Village parks shall not be used for commercial purposes.

§ 138-11 Breach of peace.

No person shall engage in any conduct or behavior which creates a public inconvenience, annoyance or alarm.

§ 138-12 Fireman's Park.

A. 
This chapter shall not apply to the park and recreation facilities known as "Fireman's Park."
B. 
Rules and regulations for the use and enjoyment of Fireman's Park shall be established by the Cuba Fire Department, subject to review and approval of the Village Board of Trustees.
C. 
Responsibility for the development and maintenance of the buildings and property, as well as the control of the use of Fireman's Park, lies with the Cuba Fire Department with the ultimate control and title to the site to remain with the Village Board. This shall remain in effect until such time that the membership of the Cuba Fire Department notifies the Village Board, in writing, that it no longer has any interest in the Fireman's Park or any structure upon the site.
[Added 3-9-2015 by L.L. No. 4-2015]

§ 138-13 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment. The continuation of an offense shall constitute a separate and distinct violation for each day the offense is continued.