[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.
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.
A.
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.
B.
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:
A.
For the
first offense, a fine of not less than $150.
B.
For the
second offense within a period of six months, a fine of not less than
$300.
C.
For a third
offense within a period of one year, a fine of not less than $450.
D.
For a fourth
offense within a period of 18 months, a fine of not less than $600.
A.
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]
B.
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.
C.
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.
D.
Children under the age of 13 must be accompanied by an adult.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
(1)
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method.
(2)
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.
A.
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.
B.
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.
C.
Parking of motor vehicles shall be permitted only in designated areas.
D.
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.
E.
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.
F.
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]
G.
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.
H.
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.
J.
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.
K.
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.
L.
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.
M.
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]
A.
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.
B.
Boat launch permits shall be produced for inspection upon request
of a Village police officer or other designated Village official.
C.
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.
D.
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.
E.
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.
F.
At no time within 100 feet of the shore should boat speed exceed
five miles per hour.
G.
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.
H.
Swimming, diving, bathing or fishing within the Hudson River from
the boat launch area is prohibited.
I.
Use of the boat launch area is on a first-come basis.
J.
No vessel shall use the launch area for carrying passengers for hire,
and no permit shall be issued to vessels used as public carriers.
K.
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.
L.
All vessels shall observe the rules and navigation laws and applicable
regulations of the State of New York and the United States Government.
M.
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.
N.
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]
A.
Whenever a boat is launched utilizing a boat trailer, each such trailer
must display a valid, current trailer permit.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
The permit shall be valid only from January 1 to December 31 in the
year of issue.
H.
Parking for trailers shall be restricted to the designated spaces
in the south parking field. Trailers shall be parked head in, facing
the river.
I.
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.
J.
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
