[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 12-1-1992 by L.L. No. 12-1992 (Ch. 33 of the 1993
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 69.
Outdoor burning — See Ch. 82.
Firearms — See Ch. 95.
Fireworks — See Ch. 100.
Games of chance — See Ch. 107.
Noise — See Ch. 123.
Parades and carnivals — See Ch. 130.
Parental responsibility — See Ch. 132.
Peace and good order — See Ch. 137.
Peddling and soliciting — See Ch. 140.
Penalties — See Ch. 142.
Snowmobiles — See Ch. 158.
Streets and sidewalks — See Ch. 165.
Trees — See Ch. 183.
[Amended 10-2-2012 by L.L. No. 7-2012]
As used in this chapter, the following terms
shall have the meanings ascribed to them:
An area of public property officially designated or dedicated
as a public park by the Village of Phoenix.
An official Village or Village Board authorization to a person
or group allowing a specified activity(ies) at a specified time(s)
and location(s) under specified conditions. This includes a Village
facilities use permit and any similar permitting scheme under the
Village Code.
As defined at § 133-2.
Buildings or similarly enclosed facilities owned, leased
by, funded by, administered by or otherwise under the control or administration
of the Village of Phoenix.
Property, including public buildings/facilities, parks and
recreational areas and grounds, owned, leased by, funded by, administered
by or otherwise under the control or administration of and located
within the Village of Phoenix.
Public property, other than parks and public buildings/facilities
utilized for recreational, physical activities and purposes (similar
to parks), however not designated or dedicated as such.
[Amended 2-16-1999 by L.L. No. 1-1999; 8-5-2003 by L.L. No. 3-2003; 10-2-2012 by L.L. No. 7-2012]
A.
Except as may be permitted under § 133-2B, the following are prohibited on public property:
(1)
Any person being present on or within same:
(a)
Before or after such area or facilities have been respectively
officially opened or closed for public access;
(b)
Before or after any posted opening or closing times; or
(c)
Otherwise from 1/2 hour after sunset to 1/2 hour before sunrise;
provided, however, that residential (and not commercial) boaters docked
or moved as permitted hereunder are permitted limited access proximate
to dock areas and for use of any facilities serving boaters outside
of such hours.
(2)
Possession of alcoholic beverages, open or otherwise with intent to consume the same, or as provided in Chapter 69 of the Village Code, or the possession of any beverages or similar substances in glass or ceramic bottles or containers.
(3)
Engaging in illegal or immoral conduct, or that intended or reasonably
likely to, for no legitimate purposes, or causing alarm or seriously
annoying other persons, or engaging in conduct constituting harassment
or disorderly conduct under state law.
(4)
Making or causing illegal or otherwise unreasonable or objectionable noise in violation of Village Code Chapter 123, or use of obscene, threatening or vulgar language at any volume easily heard by others.
(5)
Placing, bringing into, dropping, displaying, or leaving of refuse
or debris except in containers provided and only for the disposal
of refuse generated during on-premises activities.
(6)
Building or maintaining fires, except for culinary purposes in locations
in park or recreational areas providing for such use by appropriate
signage or grill locations.
(7)
Interfering with or obstructing vehicular, bicycle or pedestrian
traffic flow, parking or standing.
(8)
Advertising for or engaging in any business or commercial transactions
or activities, including involving the sale of goods or services,
and including food or beverage vending.
(9)
Any planned or scheduled (or reasonably probable) speech, documentation,
rally or public assembly or delivery of any public speech or holding
of any public meeting, march or parade, except as part of a permitted
event. Permits for such activities shall not be unreasonably withheld,
and the denial of such a permit shall be based solely upon reasonable
time, place and manner concerns.
(10)
Swimming or fishing upon or from public property within prohibited
areas as designated by signs.
(11)
Possession of firearms, rockets, bows or arrows, shovels, axes,
spades, or knives (except as to the latter for within designated cooking
areas).
(12)
Gambling or possession of items usually possessed for gambling
purposes.
(13)
Removing, altering, damaging, disturbing or defacing any features
(including natural features).
(14)
The mooring or docking of a boat or vessel to, or accessing,
any dock permitted for overnight storing and serving or adjacent to
public property for more than two consecutive overnights from 1/2
hour after sunset to 1/2 hour before sunrise.
(15)
Accompany dogs without leashes except for in public buildings
and facilities. "Service dogs," as provided by New York law, however,
shall be permitted in/on all public property. Persons in control shall
promptly remove and dispose of defecation on any public property.
(16)
The abandoning of any motor vehicle or other equipment or property
of any kind.
(17)
Camping or similar occupation as temporary shelter.
(18)
The throwing, projecting, striking or pitching of balls, horseshoes,
golf balls or similar potentially dangerous objects in picnic areas,
seating or assembly areas, paths, walkways, roadways or parking lots.
(19)
Except in areas specifically designated as permitted smoking
areas by appropriate signage, the smoking, burning or similar use
of tobacco, snuff and similar products in, upon or within 25 feet
of:
(a)
Any enclosed, canopied or otherwise sheltered areas or structures,
playgrounds, exercise or similar areas intended for recreation or
physical fitness activities or segregated, dedicated or confined areas
or facilities reserved or intended for use by children, youth or senior
citizen activities;
(b)
Any Village of Phoenix sponsored events;
(c)
Any areas specifically designated by appropriate signage as
nonsmoking pursuant to duly adopted resolution of the Village Board
of Trustees;
(d)
Any activities or events held or conducted under a Village of
Phoenix issued facilities use or similar permit, provided:
[1]
The permittee has requested same as a nonsmoking activity or
event in its permit application; and
[2]
The permittee has, at its own cost and expense, posted signage
adequate to provide notice to the public of such prohibition. Signage
may be posted up to 25 feet from (around) the perimeter of the permitted
area.
(20)
Posting or displaying any sign, banner or advertisement, except
as part of a permitted event.
(21)
Using any form of public address system, except as part of a
permitted event.
(22)
Possession or discharging of any fireworks.
(23)
Holding a picnic, gathering or similar event for more than 20
people, except as part of a permitted event.
(24)
Conducting any organized game or activity, except as part of
any permitted event.
B.
No parent, guardian or custodian shall permit or allow a minor to
commit any act which would constitute a violation of this chapter.
C.
The acts or activities prohibited in this § 133-2 do not pertain to Village employees, or agents thereof, who are in the actual course of performing their official duties. The acts or activities prohibited in this § 133-2 except as part of a permitted event shall not be violations of law if they are performed under the auspices of an officially authorized permit pursuant to § 133-5A.
[Added 8-18-1998 by L.L. No. 2-1998]
The following acts or activities are permitted
on public property and parks, as described herein:
A.
Persons who secure their boats or vessels to any dock
bordering a park may remain in the area of the park adjacent to their
vessel after the normal hours of park operation for purposes of access
to and egress from their boat or vessel.
B.
Commercial boats or vessels may utilize any dock bordering
a park, provided that such park is not used for commercial purposes,
without a permit.
C.
Fishing is authorized from public property and parks,
provided that a fishing license has been obtained from the New York
State Department of Environmental Conservation.
A.
Permits to utilize public property, parks or public
buildings may be obtained under the Village’s facilities use
permitting procedure, or otherwise, by application to the Village
of Phoenix Board, the Village Clerk or the Mayor of the Village of
Phoenix.
[Amended 10-2-2012 by L.L. No. 7-2012]
B.
The terms and conditions of such permits will provide
the necessary, specific authorization to perform the acts or activities
requested for the time and date specified.
Offenses involving the provisions of this chapter
are violations and are punishable by a fine of up to $250, a sentence
of imprisonment fixed by the court which shall not exceed 15 days,
or both such fine and imprisonment.
