Village of Buchanan, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 3-19-1979 by L.L. No. 2-1979 (Ch. 36 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 53.
Littering — See Ch. 109.
Noise — See Ch. 119.
Peddlers and junk dealers — See Ch. 129.
Solid waste — See Ch. 163.
Vehicles and traffic — See Ch. 189.
Weapons — See Ch. 199.

§ 149-1 Title; scope.

A. 
This chapter shall be known as the "Village of Buchanan Facilities, Use of."
B. 
Scope. The rules and regulations set forth herein shall apply to and be in effect in all facilities under the control, supervision and jurisdiction of the Village of Buchanan.

§ 149-2 Purpose.

Park facilities of the Village of Buchanan can only be used successfully if subject to reasonable controls to ensure safety of the public therein. In order to promote good order and encourage use of the facilities, the Village of Buchanan has adopted this chapter to regulate conduct therein.

§ 149-3 Definitions.

The following terms shall have the meanings indicated in this section:
PERSON
An individual, firm, partnership, corporation or association of persons. The singular number shall include the plural.
RECREATION FACILITIES
Includes all parks, playgrounds, athletic fields, swimming pools, tennis courts, picnic areas, indoor facilities and other recreation areas and facilities owned or controlled by the Village and under the jurisdiction of the Village Board or the Supervisor of Recreation of the Village and such other rights and appurtenances as the Village may utilize, whether the same is now or hereafter owned or acquired by the Village in fee or otherwise, including all land under and space above the surface of the ground.
RESIDENT
Any natural person who resides in the Village.
VEHICLE
Every device in, upon or by which a person or property is or may be transported or drawn.

§ 149-4 Use restrictions.

A. 
Participation in use of facilities.
(1) 
The use of recreation facilities shall be restricted to:
(a) 
Residents of the Village.
(b) 
Guests of residents of the Village.
(c) 
Staff members, whether paid or volunteer.
(d) 
In the case of recreation activities cosponsored with other organizations, the members of such other organizations who are participating in such cosponsored activities while actually participating therein.
(2) 
Any other individual or group who desires to promote a special event may apply for use of recreation facilities, and said application shall be referred to the Mayor and Board of Trustees for approval. The decision of the Mayor and Board of Trustees shall be final.
[Added 2-7-1983 by L.L. No. 1-1983]
B. 
No person under eight years of age shall be admitted to any facility unless accompanied by a person at least 16 years of age or such other age as may be determined by resolution of the Board of Trustees, and such companion shall assume full responsibility for the safety and conduct of such minor.
C. 
No person shall disturb the peace and good order in any park.
D. 
No person shall refuse to comply with a lawful order of the police.
E. 
No person shall beg, hawk, peddle or solicit within any park.
F. 
No person shall engage in gambling or games of chance.
G. 
No person shall use obscene, profane or abusive language while in the park.
H. 
No person shall loiter in or near toilet buildings.
I. 
No person shall carry, fire or discharge any gun, pistol or firearm, nor carry any rocket, torpedo or other fireworks of any description, nor use any bow or arrow, except in designated areas (archery ranges), nor engage in trapping or hunting.
J. 
No person shall write, paint or carve on any tree, bench or park structure.
K. 
No person shall kill, injure or unnecessarily disturb any waterfowl, birds or animals. No person within the confines of the park shall hunt, pursue with dogs, trap or in any other way molest any wild bird or animal found within the confines of the park, nor rob or molest any bird or take the eggs of any bird.
L. 
No person shall injure, deface, disturb or befoul any part of the park, nor any buildings, signs, equipment or other property found therein.
M. 
No person, without the specific written consent of the Board of Trustees, shall bring into, leave behind or dump any material of any kind in the park, except the refuse, ashes, garbage and other material of a picnic, camp or other permitted activity, and such material shall be deposited in receptacles or pits provided for such purposes. Refuse is not to be dropped, thrown or scattered on park property. Tin cans, bottles or other glassware or metallic substances containing sharp edges shall be deposited in park receptacles. No person shall, either within or outside the park, discharge into, throw, cast, lay, drop or leave in any stream any matter or thing, either liquid or solid, which may or shall result in the pollution of said stream within the park or which shall interfere with the conservation of the natural resources of said park or endanger the health of visitors in said park.
N. 
No person shall play or practice golf in the park.
O. 
No person shall ride or lead a horse in the park.
P. 
No person shall appear in the park in a state of nudity or commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior, and no person shall make any indecent exposure of his or her person.
Q. 
No person shall fail or refuse to comply with any reasonable order relating to the regulation, direction or control of traffic, or with any other order lawfully given by any police officer, or willfully resist, obstruct or abuse any police officer or other official in the execution of his office.
R. 
No person shall operate a vehicle along or over any road or drive within the park in a reckless manner or without due regard for the safety and rights of pedestrians, drivers and occupants of all other vehicles so as to endanger the life, limb or property of any person while in the lawful use of said park drives or roads.
S. 
No person shall participate in a drag race upon any park drive or park property. "Drag racing" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or the operation of one or more vehicles over a common selected course from the same point to the same point wherein timing is made of the participating vehicles involving competitive accelerations or speeds. The operation of two or more vehicles side by side, either at speeds in excess of permitted speeds on park drives or rapidly accelerating from a common starting point to a speed in excess of such permitted speeds, shall be prima facie evidence of drag racing.
T. 
No person who is under the influence of intoxicating liquor, narcotic drugs or opiates shall operate any vehicle within the park.
U. 
No person shall drive or move or cause or knowingly permit to be driven or moved within the park any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person.
V. 
No person shall use or shine spotlights or unnecessarily or continuously shine automobile headlights into park lands, except under the direction of a police officer or park employee or except where necessary for the preservation of life or property.

§ 149-5 Regulated activities.

No person shall engage in any of the activities regulated by this section unless he shall comply with the regulations set forth herein:
A. 
No person shall be permitted to remain, stop or park within the confines of any Village park between the hours of sunset and sunrise, prevailing local time, in the Village of Buchanan, except in an emergency, or by Village authorized permit, or with special permission of the Board of Trustees. In case of an emergency or when, in the judgment of the Board of Trustees, the public interest demands it, any portion of the park may be closed to the public or designated persons until permission is given to reopen such park.
[Amended 6-4-2012 by L.L. No. 4-2012]
B. 
No person shall sleep, camp, lodge or reside in any park building or grounds.
C. 
No person shall bring into or keep in the park any dog, cat, household pet or other animal, except a Seeing Eye dog.
[Amended 2-7-1983 by L.L. No. 1-1983]
D. 
Vehicles.
(1) 
No person shall drive any automobile, motorcycle or other vehicle of traffic or burden upon any of the parks or parkways, except from the proper drives and parking areas, or permit the same to stand upon the drives or any part thereof so as to congest traffic or obstruct the drive. This includes motorized bikes. Footpaths or bicycle paths shall not be used for vehicular traffic.
(2) 
No person shall cause any taxi, bus, limousine or other vehicle for hire to attend upon any part of the parks or parkways for the purpose of soliciting or taking in passengers or persons other than those carried to the parks or parkways by said vehicle.
(3) 
It is the duty of every person operating a vehicle of traffic or burden within the parks or parkways to comply with Chapter 189, Vehicles and Traffic, or the orders, directions and regulations issued by traffic officers or officially displayed for the regulation of traffic.
(4) 
No vehicle shall be operated on any road or drive in any facility of the Village at a speed exceeding 10 miles per hour, unless otherwise posted.
(5) 
In certain areas the Board of Trustees may establish one-way traffic. It will be so posted and must be followed.
(6) 
When the Highway Department has caused certain intersections of park drives or roadways to be marked with stop signs, no persons shall operate any vehicles, except authorized emergency vehicles, over or across such intersections without first bringing such vehicles to a complete stop at or near a stop sign.
(7) 
No person shall park any vehicle or permit any vehicle to remain standing on any highway or roadway within the boundaries of Lent's Cove between the hours of 11:00 p.m. and 7:00 a.m. Parking areas in the parks are established for the convenience of patrons while using the facilities of the parks.
(8) 
The term "parking" shall mean the standing of any vehicle, whether occupied or not, upon any highway other than temporarily or while actively engaged in loading or unloading or while standing in obedience to traffic regulations or traffic signals.
(9) 
The Village shall erect suitable signs on all highways hereinabove restricted as to parking, which signs shall indicate the limitation of no parking or shall indicate that no parking shall be allowed at any time.
E. 
Riders of bicycles shall comply with the rules for the regulation of other vehicles and, in addition thereto, shall be subject to the following regulations:
(1) 
No person shall ride a bicycle upon the lawns, walks or foot trails of the parks or parkways unless designated for such vehicles.
F. 
No person shall bring into or use any alcoholic liquors or beverages, including beer, in any Village-owned facility, unless permission is obtained from the Village Board of Trustees. Drinking alcoholic liquors or beverages, including beer, is prohibited in the parking lots and rights-of-way within the facilities owned by the Village.
[Amended 2-7-1983 by L.L. No. 1-1983; 1-5-2015 by L.L. No. 1-2015]
G. 
No person shall picnic or cook in any area not designated by the Board of Trustees for that purpose nor make or kindle any fire except in places provided therefor, and then subject to such regulations as may be prescribed.

§ 149-6 Activities requiring permits; procedure.

Activities designated herein shall only be permitted after permits are obtained pursuant to the procedures set forth in this section:
A. 
No person shall commit any of the following acts within said facilities without written permit of the Board of Trustees or some person duly authorized to act for them:
(1) 
Post or display any sign, banner or advertisement of any kind within any park or play any music or keep or offer any article for sale.
(2) 
Hold any public meeting or engage in any marching, drilling or driving as members of a military, political or other organization or use any loudspeaker or other sound-amplifying equipment.
(3) 
Conduct any group picnic or activity for more than 12 persons who are not members of an immediate family.
B. 
Permit procedures.
(1) 
A permit to use park facilities shall be issued at the Village Clerk's office upon application furnished by the Village.
(2) 
All permits must be signed, upon issuance, by the user, and the signer of the permit shall be responsible for all damages to the facility or contents thereof and agree to indemnify the Village for such damages.
(3) 
Park facilities may be made available for overnight use subject to these rules, with the exception of closing hours, when permission has been given by the Board of Trustees.
(4) 
All permits, except those for which payment has been made, must be picked up at the Village Clerk's office at least 72 hours prior to use of the park area.
(5) 
The Board of Trustees is hereby authorized to grant permits in conformity with the rules and regulations contained herein.
(6) 
All permits issued shall be in writing by the Board of Trustees or by its duly authorized agent and are subject to facility rules and regulations. Any violation of any term or condition thereof or any law or ordinance or rules or regulations governing the facilities shall constitute grounds for revocation of said permit. No permit for the same purpose shall be issued to the person whose permit has been revoked during the year in which such revocation is made.
[Amended 2-7-1983 by L.L. No. 1-1983]
(7) 
No person shall construct, repair or relocate utility fixtures, such as sewers, hydrants, posts, lines and conduits, or open trenches or make excavations or engage in any construction in or on park lands without a permit.

§ 149-7 Identification entrance permits.

The Recreation Supervisor is authorized to issue official identification entrance permits to residents upon request therefor and to require that such permits be exhibited before any person or vehicle is admitted to a recreation facility. Any false statements contained in the application for official identification, any alteration in such identification or the misuse of such identification by permitting it to be given to or displayed by a person other than the person so identified in such official entrance permit shall constitute grounds for its revocation by and surrender to the Supervisor of Recreation or his or her authorized representative.

§ 149-8 Payment of admittance charges.

No person shall make use of or gain admittance to or attempt to use or gain admittance to any facility for the use of which a charge or fee is established by the Board of Trustees, unless such person shall pay the charge or fee so established.

§ 149-9 Responsibility for loss, damage or theft.

Neither the Village nor its employees, including voluntary staff, shall be responsible for loss, damage or theft to vehicles or their contents, to bicycles or to other personal property of patrons or others occurring in any facility.

§ 149-10 Duties of parents.

No parents, guardians or custodians of any minor shall permit or allow him or her to do any act which would constitute a violation of this chapter.

§ 149-11 Penalties for offenses; enforcement.

A. 
A violation of this chapter shall constitute a violation. Such violation is punishable by imprisonment for not more than 15 days or by a fine not exceeding $250 for each offense or by a penalty not exceeding $250 for each violation. Each violation of this chapter shall constitute a separate offense.
B. 
Any peace officer of the State of New York or any of its municipal subdivisions may, without a warrant, arrest any offender whom he may detect in the violation of any of the provisions of the above sections and take the person so arrested before a Magistrate having competent jurisdiction. Said peace officer shall have at all times the right to enter the premises of any building, structure or enclosure in any park, including such grounds, buildings, structures or enclosures which may be leased or set aside for private or exclusive use of any individual or group of individuals, for the purpose of arresting violators hereof and may use all necessary means to attain that end.