Town of Wappinger, NY Chapter 171 Parks and Recreation

[HISTORY: Adopted by the Town Board of the Town of Wappinger 11-9-2020 by L.L. No. 4-2020.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Dog control — See Ch. 68.

Removal of canine waste — See Ch. 69.

Recreation fees — See Ch. 122, Art. III.

Firearms — See Ch. 126.

Go-carts — See Ch. 145.

Motor vehicles on Town lands — See Ch. 180, Art. I.

Zoning — See Ch. 240.

[1] Editor's Note: This local law also superseded former Ch. 171, Parks and Recreation, adopted 10-21-1985, as amended.

§ 171-1 Legislative intent.

It is the intent of this chapter to protect the rights of all residents of the Town of Wappinger so as to enjoy to the fullest extent possible parks and recreation areas located within the Town of Wappinger.

§ 171-2 Designation of parks and recreation areas.

A. The Town of Wappinger hereby establishes the following Town-owned properties as Official Park And Recreation Areas of the Town of Wappinger:

(1) Airport Park Soccer Complex.

(2) Angelbrook Park.

(3) Carnwath Farms Historic Site and Park.

(4) Castle Point Park.

(5) Chelsea Boat Ramp.

(6) Fleetwood Park.

(7) Martz Field Recreation Facility.

(8) Quiet Acres Park.

(9) Reese Park Town Nature Preserve.

(10) Robinson Lane Baseball Complex.

(11) Rockingham Park Soccer Complex.

(12) Brexel-Schlathaus Park.

(13) Sergeant Marck C. Palmateer 9/11 Memorial Park.

(14) Spook Hill Park.

(15) South Fowlerhouse (Card Road Basketball Court).

B. The Town of Wappinger hereby establishes the following Town-owned properties as undeveloped recreation areas of the Town of Wappinger:

Recreation Area	Location	Acres
Briar Lane	Briar Lane	21.8
Blackwatch	Sprout Creek and Robinson Lane	44.08
Deer Run	Deer Run Road	6.2
Dutchess Park	Riverview Drive	3.2
Meadowwood	Old Hopewell Road	11.8
Moccasin Hill	Boxwood Close	13.4
Noto Subdivision	Woodland Court (abutting Rymer)	15.2
Joan Lane Pond Area	Joan Lane	8.5
Rymer	Old Hopewell Road	3.33
Tall Trees	Amherst Lane	1.6
White's Corners Pond	Old Hopewell Road	16.4
Woods Edge	Robinson Lane	12.64

§ 171-3 General park rules and regulations.

The following rules and regulations shall apply to all parks in the Town as well as to undeveloped recreation areas:

A. Town parks and recreation areas shall be opened for public use between sunrise and sunset unless other open hours are posted at any park.

B. Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and Town of Wappinger and restrained by a leash or other restraint not exceeding six feet in length, may be brought into a park, except in no event shall dogs or other animals be allowed to enter any playground, ballfield, basketball court, handball court, tennis court, or other area posted as off-limits by the Town. Nothing in this subsection shall be construed to prohibit persons with disabilities from bringing service animals into a park as authorized by federal, state, or city law.

C. It shall be the duty of each dog owner or each person in possession, custody or control of a dog to remove any feces left by his/her dog on any public area in any Town park.

D. No person shall cut, deface, injure, remove or disturb any tree, shrub, building, fence, bench or any other structure, apparatus or property; or pick, cut or remove any shrub, brush or flower; or mark or write upon any building, fence, bench, signs or other structures.

E. No profane or abusive language shall be used in any Town park.

F. No persons shall sell or offer for sale any goods unless a permit to do so has been issued by the Recreation Department and a peddler's license has been issued by the Town Clerk.

G. No persons shall paste, post, paint, print, nail or attach or affix by any means whatsoever any handbill, poster, notice, sign, advertisement, sticker or other printed material upon any curb, gutter, flagstone, tree, lamppost, public utility pole, public garbage bin, bus shelter, bridge, fence, barrel, box, traffic control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, or upon the ground; however, this section shall not apply to any handbill, poster, notice, sign, advertisement, sticker or other printed material so posted by or under the direction of the Town Board, or by or under the direction of any Town department, or pursuant to a franchise, concession or revocable consent granted by the Town Board.

H. No alcoholic beverages shall be permitted in the park area except during activities sponsored by the Town that permit alcoholic beverages.

I. No smoking in any park.

J. Betting or gambling of any type is prohibited.

K. Organized baseball games will be permitted only on diamonds set aside for this activity. Playing catch and other similar activities are permitted in other areas of the park, provided that there is no risk of thrown or batted balls hitting other park users.

L. Hitting golf balls is prohibited, except in designated areas.

M. No persons shall erect any recreation or play equipment in any park unless a written permit to do so has been issued by the Town.

N. All fires, including those in grills, fire pits and fireplaces, are prohibited except for fires in grills, fire pits and fireplaces provided by the Town for that purpose in a park facility.

O. The possession, ignition or discharge of fireworks, sparking devices or incendiary devices is prohibited.

P. No camping without a written permit from the Town.

Q. No firearms, air guns, bows and arrows or any dangerous weapons are permitted, except that firearms lawfully in possession, if holstered or cased, may be carried through a Town park.

R. No hunting or trapping.

S. Throwing or leaving refuse in or on a Town park, other than in receptacles there provided for trash, is prohibited.

T. No unlicensed motorized vehicles, including motorcycles, motorbikes, snowmobiles, minibikes, all-terrain vehicles, etc., shall be operated or parked in a Town park area outside designated roadways or designated parking areas. Licensed motor vehicles are only permitted on drives and parking areas.

U. No vehicles shall be operated in a Town park at a speed in excess of 15 miles per hour, unless a lower speed limit is posted.

V. No overnight parking of motor vehicles in any park area.

W. Privately owned boats, rafts or other artificial means of support on water shall only be allowed entry upon waters in designated areas.

X. No swimming in any park.

Y. No persons shall enter upon any ice in any park.

Z. No entertainment or exhibition of any kind shall be given without a written permit from the Town.

AA. No person shall throw stones or other projectiles.

BB. No persons shall ride a horse or pony in any park.

§ 171-4 Closing of parks.

The Recreation Director, Supervisor and Town Board may close the park facilities whenever, in their judgment, such action is deemed necessary or desirable for the protection of health or safety of persons entitled to use such facilities.

§ 171-5 Regulations for specific parks.

Notwithstanding § 171-3 above, the following rules and regulations specific to certain parks shall be applicable. If the rule or regulation contained herein shall conflict with § 171-3 above, this section shall control:

A. Airport Park Soccer Complex: (Reserved)

B. Angelbrook Park: (Reserved)

C. Carnwath Farms Historic Site and Park: (Reserved)

D. Castle Point Park: (Reserved)

E. Chelsea Boat Ramp: (Reserved)

F. Fleetwood Park: (Reserved)

G. Martz Field Recreation Facility: (Reserved)

H. Quiet Acres Park: (Reserved)

I. Reese Park Town Nature Preserve: (Reserved)

J. Robinson Lane Baseball Complex: (Reserved)

K. Rockingham Park Soccer Complex: (Reserved)

L. Brexel-Schlathaus Park: (Reserved)

M. Sergeant Marck C. Palmateer 9/11 Memorial Park: (Reserved)

N. Spook Hill Park: (Reserved)

O. South Fowlerhouse (Card Road Basketball Court): (Reserved)

§ 171-6 Park rental regulation.

Any request for the use of a park and recreation area shall be made pursuant to the following regulations:

A. Request for use of park and recreation facilities may be made up to one year in advance of an event but no later than two weeks prior to the intended date of use and is subject to approval of the Recreation Director.

B. Persons wishing to reserve Town facilities for specific use shall first apply at the Recreation Office or online on the approved application form with all requisite documentation. Applications shall be approved or denied by the Recreation Director. Denial of use may be appealed to the Town Board.

C. The Recreation Director may set reasonable conditions upon any approval to use a Town facility.

D. The fee for use of certain Town facilities shall be set by separate resolution of the Town Board which may be amended from time to time.

E. Adult supervision is required for any activity involving persons less than 18 years of age. There shall be a minimum of one adult per each 10 persons less than 18 years of age.

F. Required information for certain applications.

(1) All organizations, private parties in excess of 100 people, or any request that involves the serving of alcohol must provide the following documentation to the Recreation Director upon application:

(a) A current valid certificate of insurance naming the Town of Wappinger, 20 Middlebush Road, Wappinger Falls, NY 12590 as additional insured for the date(s) applied.

(b) Comprehensive general liability limits of at least $1,000,000 per occurrence/$2,000,000 aggregate.

(2) The request shall not be processed unless all requisite documentation is provided at time of application.

G. Persons applying for use of Town lands must provide a signed hold harmless agreement.

H. The Recreation Director shall have the responsibility to resolve all scheduling conflicts involving the use of park facilities.

§ 171-7 Penalties for offenses.

Any person committing an offense against any provision of this chapter, or any rule or regulation made pursuant thereto, shall, upon conviction thereof, be guilty of a violation punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20U of the Code or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 171-8 Enforcement.

This chapter may be enforced by any police agency having jurisdiction within the Town of Wappinger.

§ 171-9 Posting of signs; presence after regular hours.

A. Signs shall be conspicuously posted at the regular entrances to Town parks to provide notice of the park hours and other restrictions established by this chapter. The failure to post signs, or the failure to include the prohibited conduct on the sign shall not be a defense against a violation of this chapter and proof of posting a sign shall not be required to establish a violation of this chapter.

B. A person who enters or remains within a park after regular hours shall be deemed to have "entered or remained unlawfully" in the park and may be prosecuted in accordance with Article 140 of the Penal Law for burglary and related offenses.