[Adopted 11-8-1971 by Ord. No. 4]
The following rules and regulations shall govern the use and enjoyment by the public of Downing Park in the City of Newburgh.
Picnicking is allowed in Downing Park. Camping is prohibited.
[Amended 6-13-1988 by Ord. No. 4-1988]
No firearms shall be used in the park at any time. No person shall carry any air gun, sling shot, BB gun, pellet gun, bow and arrow or any device whereby a missile may be thrown.
No person shall injure, deface, mar, disturb or befoul any part of the park or any building, sign equipment or other property found therein; nor shall any tree, flower, shrub, moss, rock or other substance be removed, injured or destroyed.
Refuse must be deposited in receptacles provided therefor. Littering is prohibited. Glass containers or bottles of any type are prohibited.
No dogs, cats or other domestic animals will be allowed in the park unless they are leashed.
Bathing or swimming will not be permitted.
[Amended 9-14-1981; 6-13-1988 by L.L. No. 4-1988]
Fishing is prohibited.
Possession or use in the park of any beer, wine or intoxicating beverages is hereby prohibited.
Motorized vehicles shall not be used in the park or on park paths.
Playing baseball, football, golf or other athletic games will not be permitted in the park.
[Amended 5-10-2010 by Ord. No. 5-2010]
Written requests for use; fees.
[Amended 6-14-2010 by Ord. No. 10-2010]
All requests to use Downing Park, except by City departments, boards or agencies, shall be submitted in writing to the City Manager or the City Manager's designee no fewer than 30 days prior to the date requested and shall be accompanied by the following fees as set forth in Chapter 163, Fees, of this Code:
A nonrefundable permit application fee.
A refundable damage fee to be used for any necessary replacement and/or repair costs of Downing Park and its facilities beyond normal wear and tear. Within a reasonable time after completion of an event and/or program, the City Manager or the City Manager's designee shall provide to the applicant an invoice of hours, supplies and equipment expended in the cleaning and repair of Downing Park necessitated by such event and/or program. In the event such invoice demonstrates costs in excess of the security deposit paid, the applicant shall pay the total cost of such excess within 30 days of the presentment of the invoice. In the event such invoice demonstrates costs less than the security deposit paid, the City shall refund the overage within 30 days of the presentment of the invoice.
All groups requesting use of Downing Park, except City departments, boards or agencies, shall agree to indemnify the City for any liability to persons or property or damage to Downing Park resulting from the group's use of the park.
Any group or organization applying to use Downing Park must present to the City, before the application is approved, a certificate of insurance with an insurance company which is authorized to do business in the State of New York written on an occurrence basis and approval of the City Manager. The certificate must indicate that the City of Newburgh is named on the policy as a named insured. The certificate must also indicate that the policy may not be canceled without at least 10 days' notice to the City Manager, who shall be specified as the representative of the City. The required insurance coverage shall be in the form of a general liability insurance policy for bodily injury and property damage in the amount of at least $500,000 for each occurrence and $1,000,000 aggregate for bodily injury and $50,000 each occurrence and $100,000 aggregate for property damage.
In the event that several groups request the use of Downing Park on the same date, the City Manager shall decide which group's request shall have priority.
No person shall be allowed within Downing Park between the hours of 10:00 p.m. and 6:00 a.m., except when permission is specifically granted by resolution of the City Council for a special event.
For the purposes of this section only, "Downing Park" shall be deemed to mean the area between South Street on the north, Dubois Street on the east, Third Street on the south and Robinson Avenue on the west. No person in a motor vehicle shall enter into the park or any road within such area during the prohibited times, except that persons in motor vehicles may go through Carpenter Avenue where it intersects the park at any time, but automobiles or other motor vehicles may not stop, stand or park along Carpenter Avenue between South Street and Third Street during the hours of 10:00 p.m. and 6:00 a.m.