Town of East Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-9-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Parks and Recreation — See Ch. 30.

§ 136-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT
The East Fishkill Department of Parks and Recreation.
[Amended 3-31-2011 by L.L. No. 1-2011]
MEMBER
A person who is a member of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
PARK
A park, playground or any other recreation area in the Town owned by the Town and devoted to recreation purposes. "Park" shall also be deemed to include any building or recreation facility located on Town property used for recreation purposes. The above properties include Red Wing Park as well as all other recreation properties owned by the Town.
PARK OFFICIAL
A person who is appointed and/or employed by the Town Board and in charge of any park area and/or the activities conducted thereon. A "park official" is also any employee or duly appointed official of the Town who is conducting any activity or is working or employed in any area of any park for park or recreation purposes.
TOWN
The Town of East Fishkill.
TOWN BOARD
The Town Board of East Fishkill.

§ 136-2 Prohibited activities.

No person in a park shall:
A. 
Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building or portion thereof, any bridge, table, bench, fireplace, railing, paving, light, dock, waterline or other public utility or part thereof, sign, notice or placard, monument, stake, fence, post or other boundary marker, or other structure or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B. 
Use the rest rooms, washrooms or bathhouse facilities designated for the opposite sex.
C. 
Dig or remove any sand, earth, rock, stone, tree, shrub, plant, flowers, grass, timber or log, whether standing or cut, or any other material, or make any excavation by tool, equipment, blasting or other means or agency, or attach or cause to be attached any rope, wire or other device to any tree, plant or building without the prior approval of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
D. 
Cause or permit any animal owned by him, in his custody or under his control to go or become at large. Dogs shall be restrained by a leash not exceeding six feet in length. It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his dog in any park and to dispose of the same in a safe and sanitary manner.
[Amended 6-14-2001 by L.L. No. 3-2001]
E. 
Ride or drive a horse except when allowed by a permit. Such permits may be issued at the discretion of the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
F. 
Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw stones or any missiles at or give or offer any poisonous food to any animal, reptile, bird or the eggs of same, except that the foregoing shall not prohibit the killing of any deadly reptile.
G. 
Throw, discharge or otherwise place or cause to be placed in the waters or upon the ground or trees or plants of any park any substance, matter or thing, whether liquid or solid, which will or may result in the pollution of said waters or damage to said ground, tree or plant.
H. 
Dump, deposit or leave, or cause to be dumped, deposited or left, any bottle, broken glass, ashes (other than ashes from and in a designated and permanently constructed fireplace or temporary fireplace designated by a permit), paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash upon the grounds or waters of a park or leave such materials anywhere in a park, except for those items that are placed in the receptacles so provided for the deposit of such items. Where no receptacles are so provided, all such rubbish and waste shall be carried away from a park by the person or persons responsible for its presence and properly disposed of elsewhere.
I. 
Golfing activity is prohibited.
[Added 6-14-2001 by L.L. No. 3-2001]

§ 136-3 Traffic regulations.

A. 
No person in any park shall:
(1) 
Fail to comply with all the applicable provisions of the Vehicle and Traffic Laws of the State of New York, together with such supplemental regulations as are herein set forth.
(2) 
Fail to obey all police officers, traffic officers, members or park officials, whenever such persons are directing traffic or parking in a park, such police officers, traffic officers, members and park officials being hereby authorized and instructed to direct traffic and parking whenever and wherever needed in a park.
(3) 
Fail to observe and obey all traffic and parking signs indicating speed, directions, caution, stopping, parking or no-parking and all other signs posted for proper control and to safeguard life and property.
(4) 
Park and leave a motor vehicle overnight in any area of a park, except as authorized by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
(5) 
Park a motor vehicle on park property, unless the operator or owner thereof shall use or be making use of the recreation facilities of such park during the time that the said motor vehicle is parked in said park.
(6) 
Operate a snowmobile, trail bike or unlicensed motor vehicle in any park in the Town.
B. 
No person in Red Wing Park shall:
(1) 
Ride a bicycle on other than the paved road or parking area or park said vehicle in any place other than a bicycle rack, when so provided, or other than a parking area designated for the parking of bicycles.

§ 136-4 Recreational activities.

A. 
No person in any park shall:
(1) 
Take part in or abet in the playing of any game or other recreational entertainment except in areas so designated for such forms of entertainment. The throwing, shooting or projecting of any stones, arrows or javelins or the operation of any model airplane shall not be permitted in a park unless in an area specifically designated by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
(2) 
Leave a picnic area before all trash and refuse is placed in receptacles, when provided, and if no such receptacles are provided, leave such picnic area without carrying away from said area the aforesaid trash or refuse. No person shall leave such picnic area before a fire being used by such person is completely extinguished.
(3) 
Camp or erect a tent or any other temporary or any mobile shelter, except as otherwise permitted upon application to the Department, and in such cases only in the area so designated for such camping purposes.
[Amended 3-31-2011 by L.L. No. 1-2011]
B. 
No person in Red Wing Park shall:
[Amended 3-31-2011 by L.L. No. 1-2011]
(1) 
Swim, enter into or wade in any waters located thereon, except in compliance with such rules and regulations pertaining thereto as are established from time to time by the Department, such rules and regulations to be posted prominently within the confines of Red Wing Park.
(2) 
Bring in or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters in the park, except at such time, in such places and under such conditions as are designated by the Department. Motor-powered boats are to be strictly forbidden from Red Wing Park except as they are required for official duties authorized by the Department.
(3) 
Fish in any waters of Red Wing Park, whether by the use of a hook and line, net or other device, except in such waters and at such times as designated by the Department.

§ 136-5 General conduct.

No person in a park shall:
A. 
Bring in or upon, have brought in or upon or cause to be brought in or upon a park or grounds thereof any alcoholic beverage, nor sell, purchase, consume or drink any alcoholic beverage at any time in a park. Any person entering a park or found within a park to be under the influence of alcoholic liquor shall be immediately removed by a police officer.
B. 
Bring in or cause to be brought in, or have in his possession or set off or otherwise cause to be exploded, discharged or burned, any firecracker, torpedo, rocket or other fireworks or explosive or flammable material, or discharge them or throw them into any area of a park or from any area of a park upon the land adjacent thereto. Notwithstanding the foregoing, park grounds or facilities thereon may be used for a scheduled fireworks program under a permit granted by the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
C. 
Bring in or cause to be brought in or have in his possession:
(1) 
Any pistol, revolver or objects upon which loaded or blank cartridges may be used. Official starters at authorized athletic events are excepted from this restriction.
(2) 
Any rifle, shotgun, air gun, spring gun, slingshot, bow or other instrument or weapon in which the propelling force is a spring or air.
D. 
Build or attempt to build a fire except in a fireplace designated and constructed for such purposes and under such regulations as may be adopted from time to time by the Department. No person shall drop, throw or otherwise scatter lighted matches, burning cigars or cigarettes, tobacco or other flammable material within a park. Notwithstanding the foregoing, gas stoves and charcoal grills are permitted in authorized picnic areas but must be attended at all times when in use.
[Amended 3-31-2011 by L.L. No. 1-2011]
E. 
Enter upon ice except such ice designated by the Department for skating purposes, provided that a safety signal of the Department is displayed on said ice or on an adjacent area.
[Amended 3-31-2011 by L.L. No. 1-2011]
F. 
Engage in any disorderly conduct or any behavior tending to cause a breach of the public peace. No person shall disturb or otherwise interfere with any other person or group of persons occupying any area or engaging in any organized activity.
G. 
Sell or offer for sale any object, merchandise or service or any other thing within a park, except by a permit from the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
H. 
Ride a bicycle or roller skate or rollerblade without wearing a helmet. Proper protective gear shall be worn for all sports and activities.
[Added 6-14-2001 by L.L. No. 3-2001]

§ 136-6 Additional rules authorized; hours; fees; residency requirements.

[Amended 3-31-2011 by L.L. No. 1-2011]
A. 
The Department is hereby authorized to adopt any additional rules and regulations with respect to parks and recreational facilities of the Town and with respect to the conduct of the public in said parks, provided that such rules and regulations are not inconsistent or in conflict with the provisions herein set forth, and provided that any material changes herein shall be approved by the Town Board.
B. 
The opening and closing hours of the parks shall be set by the Department and shall be posted at the entrance to each park so that opening and closing times will be easily noticeable by the public. No person or persons shall enter upon or remain in a park or any buildings or grounds thereof at times when the park is closed.
C. 
There shall be no charges or fees for admission to or in the parks of the Town except:
(1) 
Red Wing Park for which there shall be a fee or charge which will be used solely to offset the expenses of such park.
(2) 
As established or authorized by the Department, provided that the proceeds thereof and therefrom, less the reasonable expenses of such event, shall be paid to the Department and deposited and used by it as provided by law.
D. 
Notwithstanding the provisions of Subsection C above, fees or admissions may be charged for special facilities and services in the parks of the Town under the operation of the Department.
E. 
The parks and facilities of the Town shall be open to residents of the Town of East Fishkill and their guests. The Department may establish rules and regulations with respect to determining the number and eligibility of such guests.

§ 136-7 Permit required for certain activities; issuance; revocation.

[Amended 3-31-2011 by L.L. No. 1-2011]
A. 
No permit shall be required for use of the parks and the facilities therein except as follows:
(1) 
Whenever any organization or group desires to use a certain area of a park for its exclusive use for a period of one day or any part thereof, such organization or group shall make application to the Department and shall set forth the name and address of the organization or group; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; the charges or fees, if otherwise permitted as aforesaid, being charged to members or persons attending; and any other information which the Department shall find reasonably necessary to determine whether or not the permit should be issued hereunder.
(2) 
If the Department determines that the applicant is to be permitted to use the area of the park requested, such approval of such permit may be conditioned upon the issuance of a certificate of liability insurance to the organization or group, listing thereon the Town of East Fishkill as an additional insured on the said policy with coverage in the amount of $100,000/$300,000 for bodily property damage per accident. Such approval shall further be conditioned upon an agreement by the applicant to indemnify the Town in the event that any damage or destruction is caused by members of such organization or as a result of such applicant's use. No such permit shall be issued until the aforesaid has been complied with.
(3) 
Notwithstanding the aforesaid, no permit shall be issued to any organization other than an organization which has its principal office or meeting place in the Town of East Fishkill and of which more than 1/2 of its members shall be residents of the Town of East Fishkill. The Department is further empowered to waive any provision of this Subsection A.
B. 
The Department shall only issue a permit hereunder when it determines:
(1) 
That the proposed activity or use of the park or recreation facilities will not unreasonably interfere with or detract from the proper enjoyment of the area by others.
(2) 
That the proposed activity or use will not unreasonably interfere with or detract from the promotion of the public health, welfare, safety and recreation.
(3) 
That the proposed activity or use is not unreasonably anticipated to incite the participants therein or others to be disorderly.
(4) 
That the proposed activity will not entail any additional expense to the Town of East Fishkill.
(5) 
That the requested area or facilities desired have not been reserved for any other use or group on the day and hour requested in the application.
(6) 
That the proposed activity or use will be supervised by or be under the immediate direction and control of responsible residents of the Town.
C. 
All applications shall be submitted at a regular meeting of the Department and at least 10 days prior to the date requested, and the Department shall apprise the applicant within five days thereafter as to whether or not the permit has been granted, and if so granted, any reasonable conditions that may be imposed by the Department, such Department being hereby authorized to impose any reasonable conditions to such permit. Any applicant, group or person denied a permit shall have the right to appeal to the Town Board, which shall consider the application under the aforesaid standards set forth in Subsection B and which may thereafter sustain or overrule the decision of the Department. The decision of the Town Board shall be final.
D. 
All permits shall be subject to the rules and regulations established by the Department, the applicable provisions herein contained and any conditions set forth in the permit.
E. 
The Department shall have the authority to revoke any permit upon the finding or determination by it, in its discretion, that there has been a violation of any conditions set forth in the permit, any rule or regulation of the Department or any provision herein contained.

§ 136-8 Penalties for offenses.

[Amended 7-25-1985 by L.L. No. 8-1985]
Any person committing an offense against any of the provisions of Chapter 136 of the East Fishkill Code shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

§ 136-9 Construction; word usage.

In the interpretation of this chapter, the provisions shall be construed as follows:
A. 
Any term in the singular shall include the plural.
B. 
Any term in the masculine shall include the feminine and neuter.
C. 
Any requirement or prohibition of any act shall, respectively, extend to and include the causing and procuring, directly or indirectly, of such act.
D. 
No provision hereof shall make unlawful any act necessarily performed by any officer or employee of the Department in the line of duty or work, as such, or by any person, his agent or employees in the proper and necessary execution of the terms of any agreement with the Department.
[Amended 3-31-2011 by L.L. No. 1-2011]
E. 
Any act otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of and strictly within the provisions of a permit to do so, and to the extent authorized thereby.