[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.]
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.
The following terms shall have the meanings indicated in this
section:
An individual, firm, partnership, corporation or association
of persons. The singular number shall include the plural.
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.
Any natural person who resides in the Village.
Every device in, upon or by which a person or property is
or may be transported or drawn.
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.
[Amended 2-7-1983 by L.L. No. 1-1983; 6-4-2012 by L.L. No.
4-2012; 7-13-2021 by L.L. No. 7-2021]
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.
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.
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. 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.
(4)
In certain areas, the Board of Trustees may establish one-way traffic.
It will be so posted and must be followed.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
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.
H.
Smoking shall be prohibited. No person shall smoke, vape, or carry
lighted cigarettes, cigars, pipe, or any other tobacco, weed, or other
plant-based products, including cannabis, intended for inhalation,
whether natural or synthetic, within any Village recreational facility
as defined in this chapter. Any lighted item must be extinguished
prior to entrance into any recreational facility and shall be properly
disposed of in a receptacle.
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.
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.
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.
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.
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.
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.
