Town of Stillwater, NY Chapter 152 Parks and Recreation Areas

[HISTORY: Adopted by the Town Board of the Town of Stillwater as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 57.

Open burning — See Ch. 74.

Curfew — See Ch. 86.

Littering — See Ch. 122.

Noise — See Ch. 141.

Snowmobiles — See Ch. 167.

Vehicles and traffic — See Ch. 196.

Off-road vehicles — See Ch. 202.

Article I Use of Town Parks

[Adopted 11-7-2013 by L.L. No. 4-2013; amended in its entirety 11-5-2020 by L.L. No. 4-2020]

§ 152-1 Findings and determinations; definitions.

A. Findings and determinations. It is hereby the finding and determination of the Town Board that use of parks, park areas, Town beaches, public swimming areas, and public navigable waters, within the Town of Stillwater beyond established times or in violation of the following prohibitions constitutes and creates disturbance for homeowners and others residing within the vicinity of Town parks and park areas and jeopardizes the health and safety of the people who use the said areas for recreational purposes.

B. Definitions. As used in this article, the following terms shall have the meanings indicated:

PARKS

For purposes of this article, Town-owned or controlled property, lands, waterways, beaches, swimming and boating areas, structures thereon and appurtenant objects associated therewith intended for the protection of the scientific, historic, cultural and architectural interest thereof and to make such lands available for public recreation. This shall include sports fields, courts, playground equipment, trails, designated swimming and boating areas, roads and parking facilities within those areas, and any other area or facility intended for any form of lawful outdoor public recreation.

§ 152-2 Hours.

All parks and park areas within the Town of Stillwater shall be open for public use from the hours of 5:30 a.m. until 10:00 p.m. or as otherwise posted. This limitation shall apply to all exterior areas and shall not be applicable to activities inside any buildings within any of the aforesaid areas. This limitation may also be amended if the Town Parks Coordinator receives advance notice and determines that the request to extend the park hours is reasonable and will not create a disturbance for homeowners and others residing within the vicinity of the Town park areas.

§ 152-3 Prohibited activities.

It shall be unlawful and constitute an offense for any person to:

A. Utilize or make use of any park within the Town except during the hours set forth in § 152-2 hereinabove.

B. Use or utilize any park within the Town for any act or use which is prohibited by this article or by any other law or regulation.

C. Vandalize, spray paint, break, or damage any property, fixture, building, facility, improvement or structure, or any trees, shrubbery, landscaping materials, and the like in any park or park area within the Town.

D. Operate any motor vehicle of any sort on any field, court, or recreational facility other than for official purposes and in designated areas. This shall include motor vehicles, all-terrain motorized vehicles, snowmobiles, motorized trail bikes, motorcycles, boats, jet skis, wave runners, or any other motor-driven craft or watercraft, except as provided for herein.

§ 152-4 Parking limited to park use.

It shall be unlawful and constitute an offense under this article for any person to park any motor vehicle in a Town park or public park at a time when the operator of the motor vehicle is not utilizing the park or park facilities for their lawful purpose(s). This provision includes, but is not limited to, boats and other watercraft at Town beaches, waterways, and docks, such that any unauthorized boat or other watercraft parking and/or anchoring at any Town park, beach, marina, dock, slip, courtesy dock or waterway shall constitute an offense subject to the provisions herein.

§ 152-5 Sunbathing, nude, partially nude and/or topless prohibited.

The Town expressly adopts the provisions of New York Penal Law § 245.01, as amended from time to time, to prohibit sunbathing in Town parks in a manner that amounts to "exposure" as defined by law. A person is guilty of exposure if he or she appears in a public place, park, recreation area, swimming area, boating area, waterway, or beach in such a manner that the private or intimate parts of his or her body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include, but not be limited to, her genitalia and that portion of the breast which is below the top of the areola. This section shall not apply when actively breastfeeding infants. The private or intimate parts of a male shall include, but not be limited to, his genitalia.

§ 152-6 Penalties for offenses.

A. Any person found to have violated any of the provisions of §§ 152-2, 152-3, 152-4 and 152-5 of this article shall be guilty of a violation and shall be penalized according to the following provisions.

B. Any person found to have violated any of the provisions of this article shall be guilty of a violation and shall be subject to a fine of up to $250 for the first offense, and up to $1,000 for every subsequent offense committed within 18 months, or, in either case, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, in addition to restitution for any damage to Town property.

§ 152-7 Prohibitions specific to Brown's Beach at Saratoga Lake.

In addition to the provisions of §§ 152-2, 152-3, 152-4, 152-5, 152-6, and 152-7 of this article, it shall be unlawful and constitute an offense for any person at Brown's Beach on Saratoga Lake to:

A. Park, dock, moor, tie, anchor or otherwise store any boat or recreational watercraft in any area at Brown's Beach or in Saratoga Lake except for those persons who are members of the Marina and who rent dock space or are lawfully utilizing a public access dock ("courtesy dock.") This prohibits unauthorized anchoring or mooring in any water area other than authorized users of the specified docks herein. Courtesy docks are for short-term use only and any person found parking any such watercraft beyond two hours in any day and use shall be guilty of a violation of this article. Marina docks are for members or authorized boaters who enter into an agreement with the Marina operator to rent dock/slip space. Such docks are reserved solely for the Marina members and unauthorized watercraft parking is prohibited.

B. Sunbathe, dive, run, jump, play, fish or swim from, or on, any marina dock or courtesy dock; docks are intended for boat and watercraft parking only and are not to be used for sunbathing, swimming, fishing, diving, or any other form of water recreation.

C. Diving headfirst from any dock, courtesy dock, or slip is expressly prohibited due to the inherent risk of injury due to shallow water and/or obscured underwater risks. Swimming and bathing in the lake shall be done safely and only within the designated swimming areas. Bathers must ascertain and thereby assume all risks of diving swimming, boating and recreational water activities.

D. Any person found to have violated any of the provisions of this section shall be guilty of a violation and shall be subject to a fine of up to $250 for the first offense, and up to $1,000 for every subsequent offense committed within 18 months, or, in either case, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, in addition to restitution for any damage to Town property.

Article II Conduct at Brown's Beach

[Adopted 7-25-2022 by L.L. No. 5-2022]

§ 152-8 Purpose; title; authority.

A. Purpose. The purpose of this article is to promote the health, safety and general welfare of the Town of Stillwater and of its inhabitants by establishing in this chapter a local law governing the Brown's Beach and park and facilities to establish certain rules and regulations for all persons entering, using or visiting or who are otherwise within the boundaries of said park and establishing penalties for violations thereof.

B. Title. This article shall be known as the "Local Law Governing Prohibited Conduct at Brown's Beach."

C. Authority. This article is enacted pursuant to Section 10 of the Municipal Home Rule Law.

§ 152-9 Rules, regulations and prohibitions.

Rules and regulations for the conduct of persons entering upon the park shall be as follows:

A. Boating, courtesy dock and marina.

(1) The marina docks/boat slips are reserved exclusively for customers who have rented dock space. All other watercraft is prohibited from parking, anchoring, mooring, or otherwise occupying marina dock space.

(2) No person shall use the marina for any purpose unless he or she is a member of the marina with a designated slip for use while boating.

(3) Panza's may provide a courtesy dock for boaters for the sole purpose of egress and ingress to its facilities. Docking is limited to a maximum of two hours. Swimming from or near the courtesy dock is expressly prohibited.

B. Penalties for offenses.

(1) Any person(s) found to have violated the provisions of Subsection A herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250 per violation.

C. Vehicles and traffic.

(1) No person shall use any portion of the park for purposes of way except drives, roadways, paths, walks and trails established for such purposes. Paths established as footpaths or bicycle paths shall not be used for vehicular traffic.

(2) Parking.

(a) No person shall park any motor vehicle upon any roadway in any location where posted signs or symbols painted on the pavement prohibit parking.

(b) No vehicle shall park in any area of the park after closing hours and before opening hours.

(c) Parking at the marina is reserved for those customers of the marina who have rented dock space and are issued permission and/or permits for the parking area at the marina. All other vehicles are expressly prohibited.

(3) Penalties for offenses.

(a) Persons found to have violated the provisions of Subsection C herein may have their vehicle towed, at the expense of the violator.

(b) Violators shall also be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250.

D. Swimming, swimming areas and beaches.

(1) Swimming is prohibited except in areas designated for that purpose and only when lifeguards are on duty.

(2) Swimming is prohibited near or from marina dock slips, courtesy docks or near any other areas reserved for parking, docking or mooring boats.

(3) Violators of Subsection D herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $150 for a first offense. For a second offense, the fine shall be not less than $350. For a third offense, the fine shall be not less than $750.

E. Preservation of property; prohibited acts.

(1) No person shall injure, deface, destroy, disturb, remove or misuse any part of the park nor any building, sign, equipment, fencing, dock/marina slips or other property.

(2) No person shall use or access areas of the park afterhours or otherwise be present at or access areas of the park that are otherwise prohibited to them.

(3) Violators of Subsection E herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250 for a first offense. For a second offense, the fine shall be not less than $500. For a third offense, the fine shall be not less than $1,000.

F. Disposal of rubbish, garbage, sewage and noxious materials.

(1) No person shall leave behind or dispose of any material of any kind in the park except the refuse, ashes, garbage and other material of a picnic or other permitted activity, and such material shall be deposited in receptacles provided for such purposes.

(2) No person shall, within the park, place or permit to be placed in any body of water any liquid or aqueous waste which shall fail to comply with the minimum requirements as set by New York State Department of Health.

(3) Violators of Subsection F herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $150 for a first offense. For a second offense, the fine shall be not less than $350. For a third offense, the fine shall be not less than $500.

G. Disorderly conduct.

(1) No person shall, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, engage in fighting or violent, tumultuous or threatening behavior.

(2) No person shall, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, obstruct vehicular, pedestrian or boating traffic including on or near docks at the marina or any other courtesy dock reserved for boaters as set forth herein.

(3) Violators of Subsection G herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250.

H. Alcoholic beverages; intoxicants.

(1) No person shall bring any liquor, wine, beer, ale or other alcoholic beverage in a keg, case, pack, carton or any other type of container onto any portion of the park.

(2) No person shall use or have in his or her possession any drugs, as defined in the Penal Law of the State of New York, unless they have been prescribed by a physician for the possessor or are legally available without prescription to the public.

(3) While retail sales of alcohol beverages are anticipated at the restaurant and beach bar and during catered events, no such alcoholic beverages shall be consumed in the beach area, along the shoreline, or in the lakebed of Saratoga Lake.

(4) No person shall operate, or be permitted to operate, any motorized or nonmotorized vehicle or equipment while intoxicated or impaired by alcohol or drugs.

(5) Violators of Subsection G herein shall be guilty of a violation and shall be issued an appearance ticket in the Justice Court for the Town of Stillwater and shall be subjected to a fine of not less than $250. Nothing in this provision shall supersede any other provisions of the New York State Penal Code for alcohol-related violations.

I. Liability of Town.

(1) The Town shall not be responsible for loss, damage or theft to cars and other contents, or to private property whether such loss occurs inside or outside the Town's beach facilities or on the grounds of the parking facilities connected therewith, but the same shall be solely the patrons' responsibility. The Town shall not be responsible for any injury incurred by any person unless the same is a result of a willful act of an employee of the Town acting within the scope of his or her employment.

§ 152-10 Penalties for offenses; civil enforcement by the Town.

A. In addition to the above-provided penalties and punishments for each section of this article, the Stillwater Town Board may also maintain an action or proceeding in the name of the Town of Stillwater in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.