[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 10-26-1982 by L.L. No. 4-1982. Amendments noted where applicable.]
As utilized in this chapter, the following terms shall have the meanings indicated:
- The erection of temporary shelters, such as tents upon the ground, or to pitch or occupy an open-air position after park hours.
- CORNWALL LANDING
- Each parcel of land giving access to the Hudson River and/or
Dock Hill Creek acquired or owned by the Village of Cornwall on Hudson,
including Donahue Memorial Park.[Amended 1-20-2004 by L.L. No. 1-2004]
- One-half hour before dark.
- Any person, firm, partnership, corporation, association or legal entity or its legal representative, acting individually, jointly or in a representative capacity.
- Any person who maintains or occupies a home in the Village of Cornwall-on-Hudson or the Township of Cornwall.
- The incorporated municipality known as the "Village of Cornwall-on-Hudson."
The Police Department of the Village shall see to the enforcement of all laws and regulations and rules related to the parks and Cornwall Landing.
It shall be unlawful for any person to violate any rule or regulation governing the conduct of the Village parks and Cornwall Landing which have been approved by the Board of Trustees.
Any person convicted for an activity declared illegal by the laws of the State of New York or the Village, when such activity is engaged in within the confines of any park or Cornwall Landing, shall be deemed a violation of the provisions of this chapter, subjecting such person to the provisions of § 122-4, Penalties for offenses, Subsections B and C.
[Amended 7-25-1983 by L.L. No. 3-1983; 1-20-2004 by L.L. No. 1-2004; 10-21-2013 by L.L. No. 3-2013]
Every person violating any provisions of §§ 122-5, 122-6, 122-7, 122-8, 122-10, 122-12, 122-13, 122-15 and 122-16 shall pay, as a penalty for such violation, the following:
For the first offense, a fine of not less than $150.
For the second offense within a period of six months, a fine of not less than $300.
For a third offense within a period of one year, a fine of not less than $450.
For a fourth offense within a period of 18 months, a fine of not less than $600.
Cornwall Landing and Pagenstecker Park are open to the public only during the hours from sunrise until dusk of any one day, provided that each year starting on Memorial Day and ending on Labor Day, Cornwall Landing and Pagenstecker Park shall be open to the public only during the hours from sunrise until 10:00 p.m. of any one day.
[Amended 5-18-2009 by L.L. No. 1-2009]
It shall be unlawful for any person or persons, other than Village personnel conducting Village business therein, to occupy or be present in any park or Cornwall Landing during any hours in which a park or Cornwall Landing are not open to the public unless written permission has been previously obtained from the Board of Trustees.
Any section or part of any park or Cornwall Landing may be declared closed to the public by the Board of Trustees at any time and for any interval of time, either temporarily or at regular stated intervals.
Children under the age of 13 must be accompanied by an adult.
No person shall injure, deface, disturb, befoul or in any manner destroy or cause to be destroyed any part of any park or Cornwall Landing or any facility building, sign, structure, equipment, utility or other property found therein.
No person shall dig for, remove, injure, mark or destroy any tree, shrub, plant or growing thing or any rock, mineral, artifact or other material within the boundaries of any park or Cornwall Landing.
No person shall deposit or abandon in any Village property, driveway or parking lot or in the waters of the Hudson River adjacent to the Cornwall Landing any garbage, sewage, refuse, ashes, trash, waste, grass clippings, branches or other obnoxious material.
No person shall kindle, build, maintain or in any way use a fire, except in fireplaces provided or in self-supporting barbecue grills or stoves in places designated as picnic areas or by special permit.
Any fire shall be continuously under the care and direction of a competent person 18 years of age or older from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building or beneath the branches of any tree or in any underbrush.
Alcoholic beverages and illegal drugs are prohibited within the Village parks and Cornwall Landing.
No domestic animal may be allowed to run at large in Cornwall Landing. All domestic animals in said park shall be restrained at all times on adequate leashes not greater than 10 feet at length.
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance in any park or Cornwall Landing.
The restriction in this section shall not apply to that portion of streets lying between the curblines, which shall be used to curb such dog under the following:
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this section.
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, fireworks, explosives, knife, bludgeon or other dangerous weapons within the boundaries of any park or Cornwall Landing, provided that this rule shall not apply to any law enforcement officer who has been duly appointed by the government of the United States, the State of New York or any government entity.
Swimming, bathing and wading are not permitted. No person shall swim, dive or enter the water of the Hudson River from the Cornwall Landing.
The maximum speed limit for all vehicles shall be 10 miles an hour, except where otherwise posted. Motor vehicles will be driven only on designated roads.
No person shall operate or have in his possession within the boundaries of the Cornwall Landing any off-the-road motor-driven vehicles, including, by way of example but not by way of limitation, any minibike, motorcycle, dunemobile, snowmobile, converted snowmobile, allterrain vehicle, amphibious vehicle or similar motorized device.
Parking of motor vehicles shall be permitted only in designated areas.
No motor vehicle shall be permitted to park in a designated parking area unless said vehicle displays a valid use permit, except vehicles serving the Village for emergency or other designated purposes.
Permits shall be issued by the Clerk of the Village, 3 River Avenue, Cornwall-on-Hudson, New York, during regular daily business or at such time as may be duly specified for this purpose.
Permit fees shall be set and modified from time to time by resolution of the Board of Trustees. Nonresidents may be charged a greater amount than residents. No permit will be issued until said fee is paid in full.
[Amended 12-19-1988 by L.L. No. 5-1988]
Parking permits shall be valid only when displayed on the left lower portion of the rear window or such other place as authorized by the Board of Trustees.
Mutilated, damaged, lost or stolen permits may be replaced by the Clerk of the Village upon tendering the additional fee of $1 by the registrant.
The permit shall be valid only from January 1 to December 31 in the year of issue.
Parking spaces in designated lots may be marked so as to indicate the proper direction and spacing of parked vehicles. All persons parking in said spaces shall conform to such spacing and markings.
No person shall park a motor vehicle in an area designated for handicapped persons unless that person is so handicapped as provided by § 404-a of Vehicle and Traffic Law of the State of New York.
Any vehicle parking or standing on any park or Cornwall Landing parking lot in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic. The Chief of Police may provide for the removal of such vehicle and payment by the owner of reasonable cost of the removal.
Guest day passes may be obtained from either the Village Clerk or the Village Police Department upon the presentation of a valid season permit.
[Added 12-18-2000 by L.L. No. 4-2000]
No vessel shall enter the Hudson River from Donahue Memorial Park except in accordance with a validly issued permit. Permits shall be valid only from January 1 to December 31 in the year of issue.
Boat launch permits shall be produced for inspection upon request of a Village police officer or other designated Village official.
Boat launch fees shall be set and modified from time to time by resolution of the Board of Trustees. Nonresidents may be charged a greater amount than residents. No permit shall be issued until the application and fee are submitted to the Village Clerk's office. Lost, damaged or stolen permits may be replaced by the Village Clerk upon tendering the replacement fee and proper identification.
Each permit issued shall apply only to the particular specified vessel and owner as designated in the permit. The permit shall not be transferable to another owner. An owner to whom a permit has been issued for a particular vessel may have the permit transferred to another vessel upon written application to the Village.
The Village will no be liable for any loss or damage by theft or otherwise to any vessel, other property, or person while using the boat launch area.
At no time within 100 feet of the shore should boat speed exceed five miles per hour.
Disorder or indecorous conduct, or conduct which might reasonably be expected to cause injury or damage to life or property, by any person using the Village boat launch area, shall be cause for the revocation of all permits, without a refund of fees. The owner of any vessel using the boat launch area shall be responsible for the conduct of all persons using, visiting or occupying that vessel.
Swimming, diving, bathing or fishing within the Hudson River from the boat launch area is prohibited.
Use of the boat launch area is on a first-come basis.
No vessel shall use the launch area for carrying passengers for hire, and no permit shall be issued to vessels used as public carriers.
Vessels shall not be maneuvered within 50 feet of the boat launch area except as is necessary to get from place of the launch to the river, or vice versa.
All vessels shall observe the rules and navigation laws and applicable regulations of the State of New York and the United States Government.
Boat owners shall covenant and agree to indemnify and save harmless the Village against all claims arising out of the operation of the boat of the owner, or of the use of the boat launch area, or from any act or omission of the owner, agents, employees, guests or invitees.
Rules and regulations implementing this section may be promulgated, amended, repealed or extended upon resolution of the Village Board.
[Amended 11-17-1986 by L.L. No. 3-1986; 12-19-1988 by L.L. No. 5-1998; 12-18-2000 by L.L. No. 4-2000]
Whenever a boat is launched utilizing a boat trailer, each such trailer must display a valid, current trailer permit.
Both the motor vehicle and the trailer shall have a valid, current permit. The motor vehicle parking permit shall be obtained according to § 122-13.
Trailer permits shall be issued by the Clerk of the Village, 3 River Avenue, Cornwall-on-Hudson, New York, during regular daily business hours or at such time as may be specified for this purpose.
Boat trailer permit fees shall be set and modified from time to time by resolution of the Board of Trustees. Nonresidents may be charged a greater amount than residents. No permit shall be issued until said fee is paid in full.
Boat trailer permits shall be valid only when prominently displayed on the rear frame of the trailer or such other place as authorized by the Board of Trustees.
Mutilated, damaged, lost or stolen permits may be replaced by the Clerk of the Village upon tendering the additional fee of § 1 by the registrant.
The permit shall be valid only from January 1 to December 31 in the year of issue.
Parking for trailers shall be restricted to the designated spaces in the south parking field. Trailers shall be parked head in, facing the river.
No person shall park a trailer in an area designated for handicapped persons, unless that person is so handicapped as provided by § 404-a of Vehicle and Traffic Law of the State of New York.
Any trailer parking or standing on any park or Cornwall Landing parking lot in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic. The Chief of Police may provide for the removal of such trailer and payment by the owner of the reasonable cost of the removal.
No person shall, by way of example but not by way of limitation, engage in athletic sports, games or contests; fly kites; skateboard; operate toy planes or rockets, whether radiocontrolled or hand-operated; roller skate; bicycle; ride; ice skate; or sled in such a manner as may tend to anger or annoy other persons.
No field day, carnival, concert, address, rally, domestic presentation or the like at which more than 18 persons are in attendance (hereafter called "large group events") shall be held or conducted in the Cornwall Landing unless a permit for such event has first been granted by the Board of Trustees.
Each applicant for a large group event permit agrees that the applicant and all persons involved in the presentation of the event will observe the terms and conditions of the permit when issued and will comply with requests of the Board of Trustees and police concerning traffic, arrangements, alcoholic beverages, noise, crowd control measures and the use of park facilities.
A person shall not use Village-owned property or streets within any park or Cornwall Landing for business or professional purposes involving the sale of any goods or the rendering of any service for a fee or for the purpose of soliciting alms or contributions unless authorized to do so by the Board of Trustees.
[Amended 1-20-2004 by L.L. No. 1-2004]
No person shall post, distribute or leave about any commercial advertising in or on any park or Cornwall Landing without the prior approval of the Board of Trustees.
The Village will not be responsible for loss, damage or theft of personal property brought into any park or Cornwall Landing.
The Board of Trustees may grant an exception to any of the provisions of this chapter upon receipt of a written request setting forth the relief desired and the basis for the relief, upon a determination by the Board that to grant an exception would be in the best interests of the Village. The Board may establish adequate conditions which will eliminate or reduce any expenses or adverse effects.
[Added 7-25-1983 by L.L. No. 3-1983]
In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation hereof, and an answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violations as provided in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form authorized by this chapter, entering a plea of guilty thereby, and forward such form and appearance ticket. A check or money order in the amount of the penalty schedule appearing on the answer form must also be submitted with such answer.
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete an appropriate form likewise prescribed for that purpose, entering a plea of not guilty thereby, and forward such form and appearance ticket, together with security in the amount of $15, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such person shall be notified by return mail of the date and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited, and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
The form for answer by plea of guilty or not guilty shall include a statement setting forth in substance the provisions of this section of this chapter and the schedule of penalties that can be imposed if a plea of guilty is entered. The form shall be approved as to form and content by the Board of Trustees.