Village of Albion, NY Chapter 59 Parks and Recreation

[HISTORY: Adopted by the Board of Trustees of the Village of Albion 6-22-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also superseded former Ch. 59, Parks and Recreation, adopted 9-11-1991 as L.L. No. 5-1991 (Ch. 16 of the 1974 Code), as amended.

§ 59-1 Title.

This chapter shall be known and may be cited as the "Village of Albion Parks Local Law." The provisions herein are established to maintain property and a reasonable degree of safety to maintain life and liberty and property of the citizens of the Village. The provisions herein are also to provide for the public health, safety and welfare of the users of the parks and recreational areas contained within the Village.

§ 59-2 Applicability.

The prohibitions, rules and regulations contained in this chapter shall apply to all parks and public lands and facilities devoted or used for recreational or similar purposes which are owned, leased or otherwise under the control, supervision and jurisdiction of the Village of Albion, New York.

§ 59-3 Definitions; parks designated.

The following terms shall have the meanings herein indicated and used in this chapter. The grounds, buildings thereon, water therein, and any property used in connection therewith or constituting a part thereof, which is now or may hereafter be owned, leased, used, maintained, operated or controlled by the Village of Albion for recreational and sports activities, include but are not limited to the so-called "Bullard Park," "Lafayette H. Beach Park," "St. Joseph's Park," "Carosol Park," "Veterans Memorial Park," "Albion Fire Department Field" and "Waterman Park."

PERSON

Any individual, firm, partnership, corporation or association of persons, and when the singular form is used, it shall include the plural.

VEHICLE

Every device or conveyance upon or by which a person or property is or may be transported or drawn and shall include motor vehicles as defined in the Vehicle and Traffic Law of the State of New York.

§ 59-4 Hours of operation of parks.

A. All parks shall be open from 8:00 a.m. until dusk. Each day they are open to the public. No person shall enter or remain in any park from dusk to 8:00 a.m. Any person violating this provision shall be subject to penalties provided for by § 59-20.

B. In the event a special community event or program is being conducted with the approval of the Village Board of Trustees, either alone or in conjunction with any other approval entity, the hours of opening and closing, as set forth in Subsection A above, may be altered to allow for either earlier opening or later closing time.

§ 59-5 Closing parks or recreational areas.

The Village of Albion Board of Trustees or its designee, when necessary for public welfare or improvements of any park and/or any part thereof, may close any park and/or any part thereof by posting proper signs at the entrance of the park to be closed or at the part of the park that is to be closed.

§ 59-6 License required for dispensing of food and drink; application for permit.

A. No person shall sell, send or otherwise dispense food or drink for consideration of whatever manner it would take in any park or recreational area without a license as required by the Village Board of Trustees or its designee and written permission from said Board of Trustees.

B. Application for a permit shall be made, in writing, to the Village Board or its designee on forms to be supplied upon request by the applicant to the Village Board.

§ 59-7 Selling and soliciting.

No person or entity shall sell or offer for sale any article or thing in any park or recreational area and no person shall solicit in any park or recreational area for any purpose whatsoever. The provisions of this section shall not apply to any person or organization holding a permit in any park or recreational area authorized by the Village Board of Trustees or its designee within the provisions of their written permit obtained pursuant to this chapter or § 59-6B of this chapter.

§ 59-8 Posting of written material prohibited.

No person shall post any bill, notice, advisement or other written or printed matter within the limits of any park or recreational area without the express written consent of the Village Trustees or their designee.

§ 59-9 Fees.

Admissions, permit or any other fees which may be charged for the use of the park or recreational area or any portion thereof for certain activities shall be established from time to time by the Village Board of Trustees.

§ 59-10 Buildings on park or recreational area property.

All buildings existing or later constructed on park or recreational area property shall be used only for the purpose for which such buildings were designed. A "building," for the purpose of this chapter, shall mean any structure which stands on park or recreational area property.

§ 59-11 Buildings designed as shelters.

Buildings in a park or recreational area recognized and designed as shelters shall be used only for purposes of picnicking.

§ 59-12 Conduct and supervision of children.

No parent, guardian or other person having charge of caring for any child/children shall permit them to do any act prohibited by this chapter. Children under of the age of nine or any other child/children who has/have the propensity of disregarding the directions of their parents, guardian or other person having charge of caring for the child/children shall at all times be under the supervision and control of that parent, guardian or other person having charge of the caring for those child/children.

§ 59-13 Unlawful uses of property.

No person shall handle, injure, destroy, or damage or appropriate to themselves trees, shrubs, flowers or other plants growing in any park or recreational area; or damage, destroy, deface or appropriate to themselves or anybody else any building, fence, bench, table, fireplace, sign or other property within the limits of any park or recreational area. In addition thereto, there shall be no unauthorized moving of any property by any person from the place in the park or recreational area in which such park area property is situate.

§ 59-14 Disruptive behavior prohibited.

No person shall do any act or acts which cause disruptions of the public peace or which are meant to annoy or alarm another person present in any park or recreational area. Additionally, any act or acts which can constitute disorderly conduct, harassment or loitering as defined in the New York State Penal Law or the ordinances of the Village of Albion are forbidden under this section. No music will be played at a level that disturbs the use and enjoyment of the park or recreational area by any person or group of people in the park or recreational area.

§ 59-15 Use of firearms or dangerous instruments.

No person shall carry or discharge an air rifle, firearm, slingshot, or bow and arrow, or throw stones or any other missile or object within the limits of any park.

§ 59-16 Disposal of trash; burning of trash prohibited.

Trash, including all manner of garbage or refuse of any form or shape whatsoever, shall be disposed of in a park or recreational area by those creating the garbage and refuse and placed only in those containers which are appropriately and conspicuously marked for such purpose. At no time shall there be any burning of trash by the public in any park or recreational area.

§ 59-17 Pets and animals prohibited.

No dogs or other domesticated animals are allowed in any park for any reason (unless there is a specific area designated for domestic animals) without the prior written consent of the Village Board of Trustees or its designee.

§ 59-18 Use of alcoholic beverages.

No alcoholic beverages are allowed in any park or recreational area without the prior written consent of the Village Board of Trustees or its designee or an order signed by the Mayor of the Village of Albion. No permission or consumption of alcohol will be granted by the Board of Trustees of the Village of Albion without the applicant having first supplied the Village of Albion proof that he and/or the group or the body represented by such applicant has and will keep in full force and effect during the duration of the event such liability insurance naming the Village as an additional insured thereunder with limits acceptable to the Village of Albion Board of Trustees.

§ 59-19 Vehicle traffic.

A. Obedience to signs, markings. All motor vehicles operated within the park limits shall be operated in accordance with all traffic signs and road markings erected on or along the park or recreational area roadways.

B. Use of the established roadways. No motor vehicles are to be operated on other than the established roadways in any park or recreational area.

C. Standing, parking. Motor vehicles shall stand or be parked only in park or recreational area locations designated for such purpose.

D. Speed. No person shall operate a motor vehicle within the park limits of any park or recreational area at a rate of speed greater than 15 miles per hour.

E. "Motor vehicle" defined. For the purposes of this chapter, a motor vehicle shall include every vehicle propelled by muscular or any other means of power, except a wheelchair.

§ 59-20 Applicability of other provisions; penalties for offenses.

A. All other provisions of the New York State Vehicle and Traffic Law and the traffic ordinances of the Village of Albion are subject to the punishment therein provided, and all provisions of the state, the statutes of New York and other ordinances of the Village and the penalties therein provided shall apply to any action, violation, offense or crime committed within any park in the Village.

B. Each violation of the provisions of this chapter shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment. If property damage is a result of the action of the defendant, restitution for such property damage will be sought by the Village of Albion. Restitution would include the cost to replace the damaged property, as well as the labor utilized in repairing or replacing the property.

§ 59-21 Skatepark regulations.

A. Any skateboard facility located in or later constructed in any park or recreational area within the Village will not be supervised. Skate at your own risk. Know your abilities.

(1) All users must wear a helmet at all times.

(2) Elbow and knee pads are recommended.

(3) Smoking, alcoholic beverages and drugs are prohibited.

(4) Skateboards, in-line skates, scooters, and BMX bikes are the only devices allowed in these areas. No motorized vehicles will be allowed in these areas.

(5) Use of facilities during the inclement weather or when the facility is wet or slippery is prohibited. The skateboard park will be closed at these times.

(6) No profanity, cussing, abusive language or roughhousing is allowed.

(7) Additional obstacles or any modifications to the existing structures are prohibited.

(8) All acts of vandalism will be prosecuted to the full extent of the law.

(9) No dogs or animals are allowed in the skateboard park.

(10) Amplified music is prohibited.

(11) No food, drink, gum, glass, or breakable objects are allowed on the skate surface.

(12) Children under the age of 12 are prohibited.

(13) The skatepark is open 8:00 a.m. until dusk.

(14) The skatepark is under video surveillance.

(15) Entering after-hours is considered trespassing and will result in criminal prosecution.

(16) The Village of Albion is not responsible for personal property.

(17) The Village of Albion Board of Trustees reserves the right to close the skateboard park facilities for events, emergencies, or when conditions necessitate.

(18) The park is considered closed during inclement weather or unsafe facility conditions.

(19) All other park rules and regulations must be followed. Failure to comply with these rules may result in the privileges being revoked.

B. Helmets required for persons operating a bicycle.

(1) No person one or more year of age and less than 14 years of age shall operate a bicycle, unless such a person is wearing a helmet meeting the standards of the American National Institute of the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling.

(2) This section shall be administered and enforced in accordance with § 1238 of the Vehicle and Traffic Law of New York.

C. Helmets required for persons operating skateboards, scooters and roller blades. No person under the age of 16 shall operate a skateboard, scooter, or roller blades unless such person is wearing a helmet meeting the standards of the American National Standards Institute of the Snell Memorial Foundation's Standards for Protective Headgear for Use in Skateboarding.

D. Enforcement. It shall be the duty of the Village of Albion Police Department to enforce the provisions of this chapter.

E. Assumption of risk. The use of the skateboard at any park or recreational area is considered a high-risk recreational activity with inherent risk of serious injury or death. The use of the skateboard in any park or recreational area is an assumption of the risk by the user. The Village of Albion strongly recommends that proper protective equipment, such as helmets, elbow pads, and kneepads, be used by all users of skateboards, regardless of age.

§ 59-22 Excavations prohibited.

No person shall dig or cause to be dug any excavation, holes or trenches in any park or recreational area in the Village of Albion nor shall any person remove topsoil, earth or any rocks from any park or recreational area.