[HISTORY: Adopted Malone Village Board 2-27-1978 by Local Law
No. 1, 1978.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 44, Recreation
Park Regulations, adopted 7-31-1972.
All persons bathing, swimming or playing at, entering or remaining
upon or in any way using or occupying that area of land situate in
the Town and Village of Malone generally known as the "Malone Recreation
Park," to include that body of water located thereon and commonly
known as "Rotary Lake," and supervised by the Town and Village of
Malone and the Malone Recreation Commission shall be subject and amenable
to the terms of this local law, the directives and regulations promulgated
by the said Commission and the directives of those lifeguards, playground
superintendents and other personnel employed by the said Commission
and/or the Town or Village of Malone to supervise the said Malone
Recreation Park.
[Added 4-12-2021 by L.L. No. 2-2021]
Other parks to include, but not limited to, Arsenal Green, Memorial
Park, Second Street Park, Third Street Park, West Street Park and
Playground, Duane Street, Mill Street and what is known as "Duck Pond."
Also, any other recreational park owned now or in the future by the
Village of Malone shall fall under all rules and regulations of this
chapter.
No person shall bathe, swim or play at or in any way enter or
remain upon, use or occupy the said Malone Recreation Park at any
time other than the periods of time specified herein, without the
express written consent of the Malone Recreation Commission and the
Village Board of the Village of Malone.
The hours for public use of the Recreation Park, under jurisdiction
of the Malone Recreation Commission, shall be set at the discretion
of the Recreation Commission.
During the said season, swimming, bathing, wading and any other
form of use of said Rotary Lake, and the beaches and docks adjoining
same, shall be allowed only during those hours specified for swimming
and only when lifeguards, employed as such by the said Commission,
town or village, shall be on duty. During those times so permitted
for swimming, bathing, wading and any other form of use of the said
Rotary Lake, and the beaches and docks adjoining same, such use shall
be confined to those areas so designated for same by the Commission,
town, village, their agents or employees.
No person shall take any boat, motor-powered or otherwise, raft,
mattress, tube or other apparatus, inflatable or noninflatable, to
include any and all types of snorkel or diving gear, to the said park
or lake for use in the said lake, except as permitted at the direction
of said lifeguards.
Any use of the said lake, docks or beaches at any time or place
not specifically authorized by this local law, and/or any use of same
at a time when the said lifeguards are not in attendance and on duty
shall constitute a violation of this local law and an act of trespass.
A.
Except as permitted herein or as otherwise permitted by law, no person
other than a member of the said Commission or an agent or employee
of the said Commission, town or village shall use or operate any vehicle,
as defined in the Vehicle and Traffic Law, and/or any snowmobile,
as defined in the Conservation Law, on, across or upon any portion
of the said Recreation Park, including but not limited to the said
Rotary Lake.
B.
During that period of time specified as the season for use of the
said park, and between the hours of 8:00 a.m. and 9:00 p.m., no person
other than a member of the said Commission or an agent or employee
of the said Commission, town or village shall use, operate or park
any vehicle of any kind on, across or upon any portion of the said
Recreation Park, except in those areas specifically authorized for
the use, operation and/or parking of said vehicles.
C.
Any such use or operation of any such vehicle on, about or upon the
said Recreation Park and/or the said lake at any time or place not
specifically authorized by this local law shall constitute a violation
of this local law and an act of trespass.
No person shall, at any time, bring or permit to run at large
at the said Recreation Park any dog, cat, horse or other animal of
any kind.
A.
Except as otherwise permitted by law, no person or persons shall
carry, fire or discharge any gun, pistol, firearm, bow and arrow or
any weapon of any kind at the said Recreation Park.
B.
No person or persons shall trap or hunt wild birds, quadrupeds or
fur-bearing animals.
C.
No person shall fish at the said Recreation Park and/or the said
Rotary Lake, except at those times and in those places specifically
authorized by the said Commission.
D.
No person shall engage in skiing, skating, sledding, sleighing or
hockey or in any other winter sport without written consent of the
said Commission and village, and, if such written permission is obtained,
only at such times and places as may be specifically so authorized.
E.
No person or persons shall play and/or practice golf at the said
Recreation Park without the written consent of the Malone Recreation
Commission.
F.
No person shall play or practice any other sport at the said Recreation
Park, or on the said lake unless permission is first obtained from
the said Commission, town or village and unless the playing or practicing
of such sport is supervised by the Commission, town or village or
an agent or employee of one of them.
A.
No container, receptacle or bottle comprised of glass or glassware
may be sold, transferred, brought, conveyed, carried or in any way
utilized at the said Recreation Park or the said lake, except in those
areas specifically designated by the said Commission and the village.
B.
No alcoholic beverages of any kind may be sold, transferred, brought,
conveyed, carried or in any way utilized at the said Recreation Park
or lake, except in those areas specifically designated by the said
Commission and the village.
C.
No person shall deposit rubbish, papers, cans or waste materials
of any kind on any portion of the said park or lake, excepting in
baskets or receptacles maintained and provided for such purpose.
[Added 7-24-2017]
The areas of parks where children are present including picnic
areas, sports areas, spectator areas, park buildings, beach areas
and parking lots in the Village of Malone are designated as tobacco-free
zones and will be posted as such.
A.
No person shall camp on any portion of the said park for any period
of time, without specific written permission of the Commission and
village. "Camp" shall include but not be limited to the use of any
vehicle to sleep in and the sleeping on any portion of the said park
after sundown.
B.
No campfires, bonfires or fires of any kind or nature shall be permitted
on any portion of the said Recreation Park, except at those times
and in those places specifically designated by the said Commission
and the village.
C.
No fireworks or explosive devices of any kind or nature shall be
displayed, sold, transferred, brought, conveyed, carried or in any
way utilized at any time or place in the said Recreation Park without
the specific written consent of the said Commission and the said village.
Groups of 20 or more persons must obtain a permit from the said
Commission or village to hold a picnic or party at the said park.
Upon approval of the Park Superintendent, such a permit shall be issued
subject to the following conditions:
A.
The said picnic or party must be restricted to areas specifically
designated for such purpose.
B.
The granting of the permit does not give the recipients thereof exclusive
use of the park or any area thereof.
C.
The permit shall specify which area of the park the group may use
for such picnic or party.
D.
The permit shall expire at 9:00 p.m. of the day for which it is granted,
unless a written extension is obtained from the said Commission or
village.
E.
The applicant assumes liability for the acts of all persons comprising
the group to whom the permit was granted and is responsible for the
conduct of members of his group.
F.
Such permit may be revoked for the violation of any of the provisions
of this local law.
A.
It is hereby declared the policy of the Village Board to provide
for proper usage of the said park by preventing all manner of removal
or destruction of the grass and natural vegetation in the park areas
and to help control erosion, waste and destruction of such lands.
By this local law, the Village Board seeks to remove the danger of
erosion caused by the removal or destruction of grass or natural vegetation.
B.
No person shall move, remove or destroy any grass or natural growth
of vegetation whatsoever from any lands in the said park, except as
herein provided.
C.
This local law shall apply to an owner of the whole or of any interest
in said lands and to any lessee, tenant or occupant thereof and to
any person whatsoever, whether or not legally or illegally upon said
lands.
D.
The Commission, town or village is hereby authorized and empowered
to issue a written permit for the taking, destroying, moving, transplanting
or replanting of beach grass or natural vegetation in the park, subject
to any rules and regulations adopted by the Town Board or Village
Board. Such permit shall be issued if it appears that the issuance
of the permit will not endanger the welfare and property of the park
and will not cause or contribute to the erosion, wasting or destruction
of said lands.
E.
An applicant for a permit shall file with the town or village a verified
application in duplicate for such permit. The application shall set
forth:
(1)
The name of the applicant.
(2)
His interest in the area concerned.
(3)
If the applicant is not the owner, his right of authority to do the
work under the permit.
(4)
A description of the area concerned.
(5)
The reason for the application.
(6)
If the area concerned is to be improved with a structure, an agreement
to replant the adjacent area, or, if the area concerned is not to
be improved, an agreement to replant the area from which the beach
grass or other vegetation is removed.
(7)
The time within which the work under the permit will be commenced
and completed.
(8)
An agreement to comply with the requirements of the Building Inspector
of the Village of Malone and any rules and regulations adopted by
the village pursuant hereto.
The village will not be responsible in any manner for any article
that may be stolen from bathhouses or automobiles, nor for any automobile
that may be stolen from or damaged while upon the said park.
Any person who, with intent to provoke a breach of the peace,
or whereby a breach of the peace may be occasioned, commits any of
the following acts shall be deemed to have committed the offense of
disorderly conduct:
A.
Uses offensive, disorderly, threatening, abusive or insulting language,
conduct or behavior.
B.
Acts in such a manner as to annoy, disturb, interfere with, obstruct
or be offensive to others.
C.
Unlawfully congregates with others at the park and refuses to move
on when ordered by an authorized agent or employee of the said Commission,
town or village.
D.
By his actions causes a crowd to collect, except when lawfully addressing
such a crowd.
E.
Interferes with any person in any place by jostling against such
person or unnecessarily crowding him.
Any person who violates any portion of this local law shall
be subject to a fine not to exceed $50 and/or imprisonment for a period
of 16 days for each offense.
If any section or part of a section or paragraph of this local
law is declared invalid or unconstitutional, it shall not be held
to invalidate or impair the validity, force or effect of any other
section or sections or part of a section or paragraph of this local
law.
All previous ordinances and beach regulations inconsistent with this local law, including Chapter 34 of the Village Code of the Village of Malone, are hereby repealed.
This local law shall be effective immediately.
