[Amended 4-5-2006 by L.L. No. 3-2006]
A.
The purpose
of this article is to adopt the following rules and regulations for
the government and protection of the Return Park and Drainage District
and to provide for the enforcement thereof. These rules and regulations
are designed in recognition of the fact that the district is located
wholly within a residential development and has been developed and
maintained through fees assessed on the taxpayers in the residential
development.
B.
The Town
Board finds that over the years, the Return Park and Drainage District
has seen increased automobile traffic from nonresidents of the residential
development and increased use of the limited park facilities to the
detriment of the inhabitants and taxpayers of the district. The Board
also finds that Opinion 88-25 of the Office of the State Comptroller,
citing to Town Law Articles 12 and 12-A and court cases interpreted
those statutes, holds that a Town may limit the use of the facilities
in a park district to district property owners and residents.
The use of the Return Park and Drainage District facilities
are limited to district property owners and inhabitants. Nonresidents
are not permitted to use the facilities unless accompanied by a district
property owner or inhabitant.
Persons who are not property owners or inhabitants of the Return
residential development are prohibited from fishing in any waterway
in the park and drainage district; may not park cars or drive on park
and drainage district property; and must not deface, remove, injure
or destroy any tree, shrub, flower, moss or other plant, rock, fossil
or mineral found or growing on park and drainage district land. Birds
and their nests and other wildlife must not be disturbed or molested.
Any person violating any of the provisions of this article shall
be guilty of an offense punishable by a fine not to exceed $250, or
by imprisonment not to exceed 15 days, or by both fine and imprisonment.
