[Adopted 9-24-2009 by L.L. No. 6-2009 (Ch. 37A of the 1972
Code)]
A public park is an area set aside for the recreation of the
public so as to foster its health, welfare and enjoyment. In order
to ensure these benefits to the public, the Village Board has found
it necessary to enact this article.
As used in this article, the following terms shall have the
meanings indicated:
A park, reservation, playground, beach, recreation center
or any other area in the Village owned, designated or used by the
Village as parkland and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include any trailer in tow of any
size, kind or description. The term shall also include watercraft.
The term shall not include baby carriages, bicycles and vehicles in
the service of the parks or other police or emergency vehicles.
The Village of Nyack.
[Amended 10-14-2021 by L.L. No. 3-2021]
A.
Except as otherwise posted, parks shall be used and operated during
the hours of 6:00 a.m. through 10:00 p.m., except that park areas
may be used and operated at other times as may be from time to time
determined by the Board of Trustees, which shall, in its discretion,
issue a written permit for extended hours or use. Notwithstanding
the foregoing, the parks listed in this section shall have the following
hours of operation:
(1)
Memorial Park shall be open and operate between 6:00 a.m. through
10:00 p.m.
(2)
The Nyack Village Marina Park, including, but not limited to, the
parking lots adjacent to the Marina, shall be open and operate between
the hours of 6:00 a.m. through 12:00 a.m.
(3)
Veterans Park on the corner of Main Street and Cedar Street shall
be open and operate 24 hours a day.
No person in a park shall engage in any of the following prohibited
acts:
B.
Have a dog off leash.
C.
Buildings and other property. The performance of any activities set forth in Subsection C(2) and (3) shall require a permit for such purpose from the Village Engineer after resolution of the Board of Trustees approving same.
(1)
Disfiguration and removal: willfully mark, deface, disfigure, injure,
tamper with or displace or remove any building, bridge, tables, benches,
fireplaces, railings, paving or paving material, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or not, or other boundary markers,
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
(2)
Removal of natural resources: dig or remove any beach sand, whether
submerged or not, or any soil rock, stones, trees, shrubs or plants,
down timber or other wood or materials or make any excavations by
tool, equipment, blasting or other means or agency.
(3)
Erection of structures: construct or erect any building or structure
of whatever kind, whether permanent or temporary in character, or
run or string any public service utility lines into, upon or across
such lands.
D.
Trees, shrubbery and lawns.
(1)
Injury and removal: damage, cut, carve, transplant or remove any
tree or plant or injure the bark or pick the flowers or seeds of any
tree or plant; nor shall any person attach any rope, wire or other
contrivance to any tree or plant. A person shall not dig in or otherwise
disturb grass areas or in any way injure or impair the natural beauty
or usefulness of any area.
(2)
Climbing trees, etc.: climb any tree or walk, stand or sit upon monuments,
vases, fountains, railings, fences or gun carriages or upon any other
property not designated or customarily used for such purpose.
(3)
Hitching of animals: tie or hitch a horse or other animal to any
tree or plant.
E.
Wild animals, birds, etc.
(1)
Hunting; hunt, molest, harm, frighten, kill, trap, chase, tease,
shoot or throw missiles at any animal, reptile or bird; nor shall
a person remove or have in his or her possession the young of any
wild animal or the eggs or nest or young of any reptile or bird; nor
shall he or she collect, remove, have in his or her possession, give
away, sell or offer to sell, or buy or offer to buy, or accept as
a gift any specimen, alive or dead, of any fauna found in the parks.
(2)
Feeding: give or offer or attempt to give to any animal or bird any
tobacco, alcohol or other known noxious substances.
F.
No person
or entity shall operate any private or public business or recreational
program, including, but not limited to, any day camp or other similar
recreational program, whether conducted as a for-profit business,
on a not-for-profit basis, or as a community service, in a Village
park unless specifically authorized under a permit issued by the Village
Board of Trustees pursuant to the provisions of this chapter.
[Added 7-12-2018 by L.L.
No. 2-2018]
G.
No person or entity together with a recognizable group of 10 or more persons, whether riding in vehicles or not, shall enter or remain in a Village Park unless specifically authorized under a permit issued by the Village Clerk or Board of Trustees pursuant to the provisions of § 250-16D of this chapter, with permitting authority being administered as follows:
[Added 10-10-2019 by L.L.
No. 6-2019]
(1)
For recognizable groups of at least 10 but not more than 40 persons,
a permit may be issued by the Village Clerk.
(2)
For recognizable groups of 40 or more persons, a permit must be issued
by the Village Board of Trustees following a vote on the permit application
at a regularly scheduled meeting of the Board of Trustees.
No person in a park shall:
A.
Pollution of waters: throw, discharge or otherwise place or cause
to be placed in the waters of any fountain, pond, lake, stream, bay,
river or other body of water in or adjacent to any park or any tributary,
stream, storm sewer or drain flowing into such waters any substance,
matter or thing, liquid or solid, which will or may result in the
pollution of said waters.
B.
Refuse and trash: have brought or dump, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage
or refuse or other trash. No such refuse or trash shall be placed
in any waters in or contiguous to any park, or left anywhere on the
grounds thereof, but shall be placed in the proper receptacles, where
these are provided; where receptacles are not provided, all such rubbish
or waste shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall operate any vehicle in a park unless specifically
permitted by this article. Where vehicles are permitted, all persons
shall operate their vehicles in accordance with applicable traffic
laws, rules and regulations, and the following acts or omissions shall
constitute a violation of this article:
A.
State Motor Vehicle Law applies: failure to comply with all applicable
provisions of the State Motor Vehicle and Traffic Law in regard to
equipment and operation of vehicles, together with such regulations
as are contained in this article and other local laws of the Village.
B.
Enforcement of traffic regulations: failure to obey all traffic officers
and park employees, such persons being hereby authorized and instructed
to direct traffic whenever and wherever needed in the parks and on
the highways, streets or roads immediately adjacent thereto in accordance
with the provisions of these regulations and such supplementary regulations
as may be issued subsequently by the Board of Trustees.
C.
Obey traffic signs: failure to observe carefully all traffic signs
indicating speed, direction, caution, stopping or parking and all
others posted for proper control and to safeguard life and property.
D.
Speed of vehicles: riding or driving a vehicle over a parkland road
at a rate of speed exceeding five miles an hour, except upon such
parkland roads as the Board of Trustees may designate, by posted signs,
for speedier travel.
E.
Operation confined to road: driving any vehicle on any area except
designated parkland roads or parking areas, or such other areas as
may on occasion be specifically designated as temporary parking areas
by the Board of Trustees.
F.
No idling: No vehicle shall idle in excess of two minutes in any
park within the Village, except that mobile vendors shall be entitled
to idle for a maximum of 15 minutes.
G.
No buses, trucks in excess of 10,000 pounds, or recreational vehicles.
Buses, trucks in excess of 10,000 pounds, and large recreational vehicles
(including campers) are prohibited from entering Village parks and
recreational areas, except those used in connection with an event
approved by the Village Board of Trustees.
[Added 5-25-2017 by L.L.
No. 1-2017]
A.
Bathing and swimming.
(1)
Designated areas. No person shall swim, bathe or wade in any waters
or waterways in or adjacent to any park, except in such waters and
at such places as are provided therefor and in compliance with such
regulations as are herein set forth or may be hereafter adopted; nor
shall any person frequent any waters or places customarily designated
for the purpose of swimming or bathing or congregate thereat when
such activity is prohibited by the Board of Trustees upon a finding
that such use of the water would be dangerous or otherwise inadvisable.
(2)
Certain hours. No person shall frequent any waters or places designated
for the purpose of swimming or bathing or congregate thereat except
between such hours of the day as shall be designated by the Board
of Trustees for such purposes for each individual area.
(3)
Structure on beach. No person shall erect, maintain, use or occupy
on or in any beach or bathing area any tent, shelter or structure
of any kind unless there shall be an unobstructed view into said tent,
shelter or structure from at least two sides; nor shall any guy wire,
rope or extension or exterior brace or support be connected or fastened
from any such structure to any other structure, stake, rock or other
object outside thereof.
(4)
Costume. No person shall allow himself or herself to be so covered
with a bathing suit as to indecently expose his or her person.
(5)
Bathhouse. No person shall dress or undress on any beach or in any
vehicle, toilet or other place, except in such bathing houses or structures
as may be provided for that purpose.
B.
Boating.
(1)
Designated areas. No person shall bring into or operate any boat,
raft or other watercraft, whether motor-powered or not, upon any waters,
except at places designated for boating by the Board of Trustees.
Such activity shall be in accordance with applicable regulations as
are now or may hereafter be adopted.
(2)
Public docks. No person shall use the public docks for dockage or
other purpose without first making arrangements for such accommodations
with the Board of Trustees, which shall assign space and collect reasonable
rental charges in conformity with established regulations and rates.
(3)
Operation of boats. No person shall navigate, direct or handle any
boat in such a manner as to unjustifiably or unnecessarily annoy or
frighten or endanger the occupants of any other boat.
(4)
Prohibition during closing hours. No person shall launch or dock
any boat of any kind on any Village waters between the closing hour
of the park at night and opening hour the following morning.
C.
Hunting and firearms. No person shall hunt, trap or pursue wildlife
at any time. No person shall use, carry or possess firearms of any
description, or air rifles, spring guns, bows and arrows, slings or
any other forms of weapons potentially harmful to wildlife and dangerous
to human safety, or any instrument that can be loaded with and fire
blank cartridges, or any kind of trapping device. Shooting into park
areas from beyond the park boundaries is forbidden.
D.
Picnic areas and use.
(1)
No person shall picnic or eat in a place other than those designated
for that purpose. The Board of Trustees shall have the authority to
regulate the activities in such areas where necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
(2)
Park facilities shall be available on a first-come, first-served
basis.
(3)
Duty of picnicker. No person shall leave a picnic area before the
fire is completely extinguished and before all trash in the nature
of boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles, where provided. If no such trash receptacles
are available, then refuse and trash shall be carried away from the
park area by the picnicker to be properly disposed of elsewhere.
E.
Camping. No person shall set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structure or special
vehicle to be used or that could be used for such purpose, such as
a house trailer, camp trailer, camp wagon or the like.
F.
Games. No person shall take part in or abet the playing of any games
involving thrown or otherwise propelled objects such as balls, stones,
arrows, javelins or model airplanes except in areas set apart for
such forms of recreation. The playing of rough or comparatively dangerous
games such as football, baseball and quoits is prohibited except in
the fields and courts or areas provided therefor.
G.
Horseback riding. No person shall ride a horse except on designated
bridle trails. Where permitted, horses shall be thoroughly broken
and properly restrained and ridden with due care and shall not be
allowed to graze or go unattended, nor shall they be hitched to any
rock, tree or shrub.
A.
Intoxicating beverages.
(1)
Prohibition. No person shall bring into or drink alcoholic beverages
at any time in the park.
(2)
Exceptions. At certain specifically designated recreation centers
where meals or lunches are served under licenses issued by the Board
of Trustees, or at special events, the consumption of alcoholic beverages
by such licensee will be permitted under the strict regulation and
control of the Board of Trustees and the State Liquor Authority. Sales
of alcoholic beverages shall be made only in individual drinks (not
in original packages, except beer and wine, or otherwise in bulk)
and shall be served for consumption on the immediate premises.
B.
Fireworks and explosives. No person shall bring or have in his or
her possession or set off or otherwise cause to explode or discharge
or burn any firecrackers, torpedoes, rockets or other fireworks or
explosives of flammable material or discharge them or throw them into
any such area from land or highways adjacent thereto. This prohibition
includes any substance, compound, mixture or article that in conjunction
with any other substance or compound would be dangerous from any of
the foregoing standpoints. Holiday or other similar fireworks display
may be permitted by authority of the Board of Trustees.
C.
Domestic animals. No dogs or other domestic animals shall be permitted
in the parklands of the Village except as specifically permitted by
the Board of Trustees. Nothing herein shall be construed as permitting
the running of dogs at large. All dogs in those areas where such animals
are permitted shall be restrained at all times on adequate leashes
not greater than six feet in length.
D.
Alms. No person shall solicit alms or contributions for any purpose,
whether public or private.
E.
Fires. No person shall build or attempt to build a fire except in
such areas and under such regulations as may be designated and promulgated
by the Board of Trustees. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco, paper
or other inflammable material within any park area or on any highway,
road or street abutting or contiguous thereto.
F.
Closed areas. No person shall enter an area posted as "Closed to
the Public," nor shall any person use or abet the use of any area
in violation of posted notice.
G.
Games of chance. No person shall gamble or be a participant in or
abet any game of chance.
H.
Going onto ice. No person shall go onto the ice on any of the waters,
except such areas as are designated as skating fields and provided
that a safety signal is displayed.
I.
Loitering and boisterousness. No person shall sleep or protractedly
lounge on the seats or benches or other areas or engage in loud, boisterous,
threatening, abusive, insulting or indecent language or engage in
any disorderly conduct or behavior tending to cause a breach of the
peace.
J.
Exhibit permit. No person shall fail to produce and exhibit any permit
from the Board of Trustees upon request of any authorized person who
shall desire to inspect the same for the purpose of enforcing compliance
with any local law or rule.
K.
Interference with permittees. No person shall disturb or interfere
unreasonably with any person or party occupying any area or participating
in any activity under the authority of a permit.
A.
No person in a park shall:
(1)
Vending and peddling: expose or offer for sale any article or thing,
nor shall any person station or place any stand, cart or vehicle for
the transportation, sale or display of any such article or thing.
Exception is made as to any regularly licensed concessionaire acting
by and under the authority and regulation of the Board of Trustees.
(2)
Advertising: announce, advertise or call the public attention in
any way to any article, thing or service for sale or hire.
(3)
Signs: paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor erect or cause to be erected any sign
whatever on any public lands or highways or roads adjacent to a park.
B.
Closed areas. Any section or part of the park may be declared closed
to the public by the Board of Trustees at anytime and for and interval
of time, either temporarily or at regular and stated intervals (daily
or otherwise) and either entirely or merely to certain uses, as the
Board of Trustees shall find reasonably necessary.
C.
Lost and found articles. The finding of lost articles shall be reported
to the Board of Trustees, which shall make every reasonable effort
to locate the owners. The Board of Trustees shall make every reasonable
effort to find articles reported as lost.
D.
Permit. For activities determined by the Board of Trustees to require
a permit, application shall be made as follows:
[Amended 10-10-2019 by L.L. No. 6-2019]
(1)
Application. A person seeking issuance of a permit hereunder shall
file an application with the Village Clerk for a determination or
referral to the Board of Trustees if required under this chapter.
The application shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The specific day and specific hours for which the permit is
desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Board of Trustees shall find
reasonably necessary to a fair determination as to whether a permit
should issue hereunder, including but not limited to a detailed description
of the event itself. Should the Village Clerk determine that further
information is required to determine whether to issue a permit, the
Clerk may refer the permit application to the Village Board for consideration.
(2)
Standards for issuance. The Village Clerk or the Board of Trustees
shall issue a permit hereunder when it finds that:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
The proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Village. The applicant
shall be advised of any such determination, and given an opportunity
to reimburse the Village for such expenses as a condition of the issuance
of any permit pursuant to this article.
(e)
The facilities desired have not been reserved for other use
at the day and hour required in the application.
(3)
Appeal. Within 10 days after receipt of an application, or five days
after the next regularly scheduled meeting of the Board of Trustees
during which a permit application is considered, the Village Clerk,
or the Board of Trustees, as the case may be, shall apprise an applicant,
in writing, of its reason for refusing a permit. The decision of the
Village Clerk may be appealed to the Board of Trustees, but any decision
of the Board of Trustees on any application or appeal shall be final,
subject to any other remedy available under law.
(4)
Effect of permit. A permittee shall be bound by any conditions placed
on the issuance of a permit, all park rules and regulations, and all
applicable local laws as though the same were inserted in said permits.
(5)
Liability of permittee. The person or persons to whom a permit is
issued shall be liable for any loss, damages or injury sustained by
any person whatever by reason of the negligence of the person or persons
to whom such permit shall have been issued.
(6)
Revocation. The Board of Trustees shall have the authority to revoke
a permit upon a finding of violation of any rule, regulation or local
law, or upon good cause shown.
A.
Officials. The Orangetown Police Department, or the employees of
the Village of Nyack shall, in connection with its duties imposed
by law, diligently enforce the provisions of this article.
B.
Ejectment. The Orangetown Police Department shall have the authority
to eject from the parks any person acting in violation of this article.
C.
Seizure of property. The Orangetown Police Department shall have
the authority to seize and confiscate any property, thing or device
in the park, or used in violation of this article.
Conviction of an infraction of this article shall constitute
a violation. The minimum penalty for a first offender shall be $250;
for a second offender, $500; and for a third and subsequent offender,
$1,000 and 15 days in jail.
