[HISTORY: Adopted by the New Castle Recreation
and Parks Commission 7-16-1981; approved by the Town Board of the Town of New Castle 7-28-1981 (this chapter
superseded former Ch. A143, Parks and Recreation Rules). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The New Castle Recreation and Parks Commission.[1]
Those tracts acquired through the use, in part, of state
funds provided for such acquisition.
A person who is a member of the Commission.
A park, reservation, 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.
A person who is appointed and/or employed by the Commission
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 in the park for park or recreation purposes.
The Town Board of the Town of New Castle.
[Amended 6-13-2017 by L.L. No. 3-2017]
No person in a park shall:
A.
Willfully mark, deface, disfigure, tamper with, displace or remove
any building or portion thereof, any bridge, table, bench, fireplace,
railings, paving, waterline or other public utilities or parts thereof,
sign, notice or placard, monument, stake, post or other boundary marker
or other structure or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
B.
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.
C.
Carry or discharge any firearms or guns of any kind whatsoever, including
but not limited to air rifles, BB guns, pellet guns and pistols.
D.
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.
E.
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 the damage to said ground, tree
or plant.
F.
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 permit, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse
or other trash upon the grounds or waters of the park or left anywhere
in the 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 for the deposit of such items, waste shall be carried
away from the park by the person or persons responsible for its presence
and properly disposed of elsewhere.
G.
Smoke or carry a lighted cigarette, pipe, cigar, electronic cigarette,
vaporizer, or any tobacco or other plant-based cannabis products or
other smoking material or device. It is also unlawful for any person
to dispose of any smoking materials, including but not limited to
cigarette or cigar butts and filters, in any place other than a receptacle
designated for the deposit of such items.
No person in a park shall:
A.
Fail to comply with all applicable provisions of the
Vehicles and Traffic Law of the State of New York, together with such
supplemental regulations as herein set forth.
B.
Fail to obey all police officers, traffic and parking
enforcement officers, Commission members or park officials whenever
such persons are directing traffic or parking in the park, such police
officers, traffic and parking enforcement officers, members and park
officials being hereby authorized and instructed to direct traffic
and parking whenever and wherever needed in the park.
[Amended 9-9-1997]
C.
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.
D.
Park and leave any vehicle, motor or otherwise, or
other property overnight at any public park.
[Amended 10-14-1986 by L.L. No. 17-1986]
E.
Park a vehicle, motor or otherwise or other property
on a park property unless the owner thereof shall use or be making
use of the recreation facilities of such park during the time that
said motor vehicle is parked in said park.
[Amended 10-14-1986 by L.L. No. 17-1986]
F.
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.
G.
Operate an all-terrain vehicle (ATV) and snowmobile
in any area of the park, or a registered motorcycle in any area of
the park other than on a designated road or in a parking area.
[Amended 9-9-1997]
H.
Enter, operate, stop, stand or park a vehicle, motor
or otherwise, with commercial registration on any area, roadway or
parking lot in any public park at any time, with the exception of
vehicles delivering goods or providing services which have been authorized
by the Recreation and Parks Department.
[Added 9-22-1987 by L.L. No. 11-1987]
No person in a park shall:
A.
Swim, enter into or wade in any waters or waterways
located thereon, except in compliance with such rules and regulations
pertaining thereto as are established from time to time by the Commission.
B.
Bring in or operate any boat, raft or other watercraft
over three feet in length, 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 Commission.
[Amended 9-9-1997]
C.
Fish in any waters of the 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 Commission.
D.
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.
E.
Camp or erect a tent or any other temporary or any
mobile shelter, except as otherwise permitted on application to the
Commission, and in such cases only in the area designated in Whippoorwill
Park only for no more than two nights with a maximum of 30 participants,
provided that such camping is done under the supervision of the Commission
or any member thereof or under the supervision of a park official.
Overnight camping will not be permitted in any other park under the
jurisdiction of the Commission.
[Amended 12-7-1999 by L.L. No. 22-1999]
F.
Take part in or abet in the playing of any game or
other recreational entertainment except in areas so designated for
such forms of recreation. The throwing, shooting or projecting of
any stones, arrows or javelins or the operation of any model airplane
shall not be permitted in the park.
[Amended 9-9-1997]
G.
Ride any horse or pony or use or maintain any animal
in the park except when so authorized by the Commission.
[Added 9-9-1997]
H.
Hit golf balls, unless in an area designated and specifically
approved by the Commission.
[Added 9-9-1997]
No person in a park shall:
A.
Bring in or upon, have brought in or upon or cause
to be brought in or upon the park or the grounds thereof any alcoholic
beverage, nor sell, purchase, consume or drink any alcoholic beverage
at any time in the park, except as allowed by local ordinances. Any
person entering the park or found within the 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
or her 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 the park or from any area of the park upon the land adjacent
thereto. Notwithstanding the foregoing, the park grounds or facilities
thereon may be used for a scheduled fireworks program under permit
granted by the Commission.
C.
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 Commission. No person shall
drop, throw or otherwise scatter lighted matches, burning cigars or
cigarettes, tobacco or any other flammable material within the park.
D.
Enter upon ice except such ice designated by the Commission
for skating purposes, provided that a safety signal of the Commission
is so displayed on said ice or displayed on an adjacent area.
E.
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.
F.
Allow a dog in any particularly maintained and equipped
playground area or ball field. Except as provided below, a dog shall
not be permitted to run without a leash in any park grounds or areas
(including, but not limited to fields, picnic areas, roadways or parking
lots servicing Town parks), at any time. A leashed dog shall be permitted
on any park trails at any time, and a dog shall be permitted to run
without a leash on any park trails at any time, provided the dog is
under visual and voice control. A person who owns, harbors or has
custody and control of a dog shall remove any feces left by his dog
on any sidewalk, gutter, street, road, walkway, playground, picnic
or other public and/or recreational area. No person shall be in control
or custody of more than three dogs in a park at any one time. This
section shall not apply to a blind person while such person is actually
using a seeing eye dog as such pursuant to § 110 of the
Agriculture and Markets Law.
[Added 9-9-1997; amended 10-28-2008; 4-8-2010; 7-26-2011; 6-30-2015]
A.
The Commission is hereby authorized to adopt any additional
rules and regulations with respect to the park and recreation 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.
All parks and the buildings, facilities and grounds
thereof shall be open to the public every day of the year from dawn
to dusk, and the park and the buildings, facilities and grounds therein
shall otherwise be closed unless otherwise designated. No person or
persons shall enter upon or remain in the park or any buildings or
grounds thereof between dusk and dawn except pursuant to authorization
of the Commission or a park official for an event sponsored or cosponsored
by the Recreation and Parks Commission. The opening and closing hours
of the park shall be posted at each entrance of the park so that such
opening and closing will be easily noticeable by the public.
[Amended 12-7-1999 by L.L. No. 22-1999]
C.
There shall be no charges or fees for admission to
or in the parks of the Town except as established or authorized by
the Commission, provided that the proceeds thereof and therefrom,
less the reasonable expenses of such event, shall be paid to the Commission
and deposited and used by it as provided by law. Notwithstanding the
aforesaid, fees or admissions may be charged for special facilities
and services in the parks of the Town under the operation of the Commission.
In no event may a fee or charge be made or imposed for admission to
any patriotic, memorial or other ceremony beneficial to the community.
The fees established or authorized by the Commission shall be set
forth in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
D.
Except as to the Gedney and Whippoorwill Tracts, the
parks and the facilities in the Town shall be open only to the residents
of the Town of New Castle and their guests. The Commission may establish
rules and regulations with respect to determining the number and eligibility
of such guests.
A.
No permit shall be required for the use of the park
and the facilities therein except as follows:
(1)
Whenever any organization or group desires to use
a certain area of the park for its exclusive use for a period of one
day or any part thereof, such organization or group shall make application
to the Recreation Commission 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 Commission shall find reasonably necessary
to determine whether or not the permit should be issued hereunder.
(2)
If the Commission determines that the applicant is
to be permitted to use the area of the park or facility 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 New Castle as an additional insured on
the said policy with coverage in the amount of $1,000,000 for bodily
injury and in the amount of $500,000 damage per accident. Such approval
shall be further conditioned upon an agreement by the applicant to
indemnify and hold harmless the Town in the event that any damage
or destruction is caused by the 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.
[Amended 9-9-1997]
(3)
Notwithstanding the aforesaid, except as to the Gedney
and Whippoorwill Tracts, no permit shall be issued to any organization
other than an organization which has its principal office or meeting
place in the Town of New Castle of which more than 1/2 of its members
shall be residents of the Town of New Castle. The Commission or the
Superintendent is further empowered to waive any provision of this
section.
[Amended 9-9-1997]
B.
The Commission shall only issue a permit hereunder
when it determines that:
(1)
The proposed activity or the use of the park or recreation
facilities will not unreasonably interfere with or detract from the
proper enjoyment of the park by others.
(2)
The proposed activity or use will not unreasonably
interfere with or detract from the promotion of the public health,
welfare, safety and recreation.
(3)
The proposed activity or use is not unreasonably anticipated
to incite the participants therein or others to be disorderly.
(4)
The proposed activity will not entail any additional
expense to the Town of New Castle.
(5)
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)
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 least 10 days prior to the date requested, and the Commission or its designee shall apprise the applicant within five days thereafter as to whether or not the permit has been granted, and if so granted, of any reasonable conditions that may be imposed by the Commission, such Commission 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 Commission. The decision of the Town Board shall be final.
D.
All permits shall be subject to the rules and regulations
established by the Commission, the applicable provisions herein contained
and any conditions set forth in the permit.
E.
The Commission shall have the authority to revoke
any permit upon a 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 Commission or any provision
herein contained.
F.
Any person who violates the conditions of any permit
issued pursuant to this chapter shall be subject to the enforcement
provision of this chapter.
[Added 4-9-1991 by L.L No. 7-1991]
[Amended 10-14-1986 by L.L. No. 17-1986; 4-9-1991 by L.L. No. 7-1991; 4-7-1992 by L.L. No. 6-1992; 9-9-1997]
It shall be the duty of the Commission, its
members, police officers, traffic and parking officer, dog control
officer and park officials to enforce the provisions of these rules
and regulations adopted by the Commission, except that any arrest
for the violations hereof or the violation of any other state or local
law or ordinance shall be made by a police officer of the Town of
New Castle. Notwithstanding the aforesaid, the Commission, any member
thereof, traffic and parking officer, dog control officer, police
officer or park officer or park official shall have the authority
to eject or cause to be removed from the park any person acting in
violation of these rules or any other state or local law or ordinance
where the action of such person is jeopardizing or will likely jeopardize
the safety of the property of the park or of other persons in said
park. A violation of the provisions of this chapter or the conditions
of any permit shall be subject to a fine of up to $50 per violation.
Rules or regulations issued by the Commission may be temporarily suspended
upon a determination by the Commission that circumstances warrant
such action.
