[HISTORY: Adopted by the Town Board of the
Town of Warwick 5-23-1985.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 109.
Public assemblies and entertainment — See Ch. 115.
Snowmobiles — See Ch. 131.
All-terrain vehicles — See Ch. 155.
[1]
Editor's Note: This chapter superseded former
Ch. 56 of the 1973 Municipal Code, which was adopted 8-23-1978 by
Ord. No. 78-2.
The Town buildings and parklands are provided
primarily for the taxpayers' enjoyment and use. By special permit,
as described below, they may be used for meetings of organizations
and gatherings of residents of the Town of Warwick.
[Amended 2-9-1995 by L.L. No. 1-1995]
The presence of any person, except a person
on official government business, in a Town of Warwick Town park between
the hours of 9:00 p.m. and 9:00 a.m. is prohibited unless prior written
permission is secured from the Town Board.
An application for reservations for group events
may be secured from the Town Clerk at the Warwick Town Hall. The application
shall be filed by a responsible person, who must be a resident of
the Town of Warwick, who represents the group requesting the use of
the park. All applications for use of buildings must be submitted
at least 48 hours prior to the time requested.
The permit granted entitles the holder to only
that portion of the park or building so stated thereon.
The organization or group using the park is
responsible for supervision, making sure that the gathering is orderly,
and, further, shall be in charge of its own parking and be responsible
for cleaning up and placing garbage in appropriate containers prior
to leaving the park.
Parking is permitted in lots and alongside all
roadways only.
Groups wishing to use the park after the hours
set forth above may do so only if their permit specifically provides.
[Amended 2-9-1995 by L.L. No. 1-1995]
A.
Fees for use of the park shall be charged as follows:
Number
of Persons
|
Fee
| |
---|---|---|
1 - 50
|
$25
| |
51 - 100
|
$50
| |
101 - 200
|
$100
| |
201 - 300
|
$150
| |
301 - 450
|
$200
| |
Over 450
|
$250
|
B.
In addition to the fees set forth above, applicants
must deposit as security the sum of $50 to ensure that the premises
are left in an orderly, clean condition and that no damage is done.
This sum shall be returned, upon application, within 30 days of the
party's posting the same, after the Clerk is satisfied that the grounds
have been restored to proper condition. If no application for a refund
is made, this security will be forfeited to the Town, to be used for
Town recreational business.
C.
Should any damage be done to the premises for which
the cost to repair shall be in excess of said sum, then either the
individual making application for said permit or the group which he
represents or on whose behalf he signs, or both, may be held legally
responsible for said excess.
D.
It will be the responsibility of the organized leagues
to mark fields and to install necessary equipment for that league
or any other items necessary for the operation of that league.
[Amended 3-27-1997 by L.L. No. 1-1997]
A.
No person shall consume or possess alcoholic beverages as defined
by the Alcoholic Beverage Control Law of the State of New York in
any Town park or its attendant parking lots. Notwithstanding the foregoing,
the Town Board may allow the consumption of alcohol at the Wickham
Woodlands Manor, Union Corners Road Pavilion and Thomas P. Morahan
Waterfront Park pursuant to the issuance by resolution of the Town
Board of a written permit to be posted at the parks at the time of
the event. Such written permit may be given upon the sole discretion
of the Town Board upon a written application received by the Town
Clerk at least two weeks before the date requested. Proof of financial
responsibility, appropriate security arrangements and adequate cleanup
may be required.
[Amended 6-8-2017 by Res.
No. R2017-166]
B.
Signs will be posted to this effect at all Town parks, including
but not limited to the Town park located on Union Corners Road, Wickham
Park located on Kings Highway and the Town beach located in Greenwood
Lake.
[Amended 6-8-2017 by Res.
No. R2017-166]
C.
Any person or entity applying for a permit for the use of the Wickham
Woodlands Manor, Union Corners Road Pavilion and Thomas P. Morahan
Waterfront Park that includes the consumption or possession of alcoholic
beverages on premises shall provide a special event insurance policy
to the Town for the dates of the event, providing for comprehensive
general liability (CGL) coverage with combined single limits not less
than $1,000,000 per occurrence and $2,000,000 aggregate. The proposed
insurance carrier must be admitted to do business in the State of
New York and have an A.M. Best Rating of no less than A-, VIII. A
certificate of insurance will be provided indicating there is host
liquor liability coverage, and the Town of Warwick will be named as
an additional insured, including primary protection for host liquor
liability.
[Amended 6-8-2017 by Res.
No. R2017-166]
D.
Any individual person(s) applying for a permit for the use of a Town
park or facilities (without alcoholic beverages) must provide a certificate
of insurance showing proof of homeowner's or other insurance
coverage at the time of the event, which provides no less than a limit
of $500,000 personal liability coverage. The proposed insurance carrier
must be admitted to do business in the State of New York and have
an A.M. Best Rating of no less than A-, VIII. If attainable by the
insurance carrier, the Town of Warwick shall be named as additional
insured. If this is not attainable, then a written statement from
the carrier or agent will be provided confirming this.
E.
Any business, corporation, limited liability company, or other such
organization applying for a permit for the use of a Town park or facilities
(without alcoholic beverages) must provide a certificate of insurance
showing general liability limits of not less than $1,000,000 combined
single limit per occurrence and $2,000,000 general aggregate, as well
as naming the Town of Warwick as additional insured on a primary and
noncontributory basis. The proposed insurance carrier must be admitted
to do business in the State of New York and have an A.M. Best Rating
of no less than A-, VIII.
A.
All persons using the park must confine any fires
to proper fireplace or portable stoves. Upon leaving, all fires must
be properly extinguished and any lights used must be turned off.
B.
Vehicle use. The park speed limit is hereby set at
15 miles per hour. Licensed vehicles are prohibited beyond designated
parking areas. Unlicensed motorized vehicles of any type are prohibited
anywhere on park grounds.
[Amended 5-11-2006 by L.L. No. 3-2006]
C.
All weapons are prohibited.
D.
Horses
are prohibited in all parks except in Cascade Park with a permit from
the Town Clerk's office.
[Amended 5-22-2014 by L.L. No. 6-2014]
E.
All dogs
must be leashed while in the Town park unless permission is given
to organizations using the park for the training or showing of dogs
or within the Town's dog park enclosures.
[Amended 5-22-2014 by L.L. No. 6-2014]
F.
Fishing at the Thomas P. Morahan Waterfront Park is
by permit only. Permits can be obtained from the Town Clerk's office.
Fees will be based on the Schedule of Fees as adopted by the Town
Board, on file with the Town Clerk.
[Added 5-22-2014 by L.L. No. 6-2014]
G.
Leaving boats unattended or stored at Wickham Woodlands Park or the Wickham Lake Boat Launch at Simpson Lane is prohibited. Owners of such boats violating the provisions of this chapter are subject to the immediate removal of such boats, without notice, by the Town, the cost of storage of such boat(s) by the Town, and the penalties provided in § 106-11.
[Added 6-28-2018 by L.L.
No. 3-2018]
H.
Access
to the Wickham Lake Boat Launch at the end of Simpson Lane is by permit
only. Two stickers and one gate key per permit may be obtained from
the Town Clerk's office at a cost as listed in the Schedule of Fees.
One sticker must be prominently displayed on your watercraft and one
in the window of any vehicle parked on site. Any person who parks
or maintains, or causes or permits to be parked or maintained, a watercraft
or vehicle in violation of this chapter shall be guilty of a traffic
infraction, and such infraction shall be punishable in the manner
provided for in § 1800 of the Vehicle and Traffic Law, except
that the fine for such violation shall be $25 for the first violation,
$50 for the second violation and revocation of the permit for a third
violation.
[Added 9-12-2019 by L.L. No. 3-2019]
A.
Any person violating the provisions of this chapter
shall be guilty of a violation, and any person found guilty of such
violation shall be liable to a fine which shall not exceed $250 or
to imprisonment for a period not exceeding 15 days, or both such fine
and imprisonment.
B.
Should any person or group violate the provisions of this chapter, in addition to the penalties set forth in Subsection A above, the permit for said person or group may be revoked, and said person or persons shall be asked to leave the park premises and said persons or group may be barred from use of the park for a period of time to be determined by the Town Board.
C.
Storage fees. Commencing on the effective date of this subsection,
the boat storage fee shall be $15 per day.
[Added 6-28-2018 by L.L.
No. 3-2018]
[Added 2-9-1995 by L.L. No. 1-1995]
A.
Liability limits shall be $2,000,000 per occurrence
and aggregate, as a minimum, and can be provided under a primary liability
contract, or $1,000,000 primary with a one-million-dollar commercial
umbrella policy. Any such policy(ies) shall list the Town property.
This shall be confirmed by a certificate of insurance, signed by either
the company or a principal of the issuing agency, as well as a copy
of a signed endorsement request adding the Town as an additional insured.
B.
If any exclusion pertaining to participants in the
sport is included in the policy(ies), such exclusion shall be eliminated
from any and all contracts by endorsement, with a copy of said endorsement
on file with the Town Clerk.
C.
Each league in question shall have, in addition, a
valid sports accident policy protecting the participants for injuries
sustained while participating in league play, with a copy of same
filed with the Town Clerk.
D.
All others reserving the Town park pavilions for family
events and other social affairs shall provide the Town with a certificate
of personal liability insurance.