[HISTORY: Adopted by the Town Board of the Town of Martinsburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-2009 by L.L. No. 1-2009]
The Town Board of the Town of Martinsburg, pursuant to the authority
granted it under Article 4 of the Town Law and §§ 10
and 20 of the Municipal Home Rule Law of the State of New York, hereby
enacts as follows.
The Town Board of the Town of Martinsburg has found that it
is difficult to enforce park rules at Whitaker Park without giving
them the force of law. To provide a more orderly environment at the
park and greater enforceability of the rules, it is the purpose of
this article to give those rules the force of law.
A.
Camping.
[Amended 4-21-2010 by L.L. No. 1-2010]
(1)
All persons wishing to camp must register and pay a fee.
(2)
All persons who arrive during the day must register and pay fees
to the Park Supervisor upon arrival for the duration of their stay.
(3)
Campers wishing to camp at Whitaker Park arriving after the Park
Supervisor has left must register and pay the next morning for the
duration of their stay.
[Amended 6-20-2012 by L.L. No. 2-2012[1]]
(4)
The registration form must contain the following information: Name,
address, telephone number, license plate of any vehicle to be on site,
number of people staying at the site, number of nights of planned
stay and an agreement to pay $5 per night per camp site for tents
with a limit of six persons per site and $10 per night per camp site
for trailer or recreation vehicle (RV) per site.
[Amended 6-20-2012 by L.L. No. 2-2012]
(6)
If the Park Supervisor is not immediately present to pay, the Park
Supervisor will check the camp sites the next morning and payment
will be expected at that time.
(7)
Persons must be 18 years of age or older to register.
(8)
Only two vehicles will be allowed to be parked at each site. Any
excess vehicles must use the parking area.
(9)
Only
one RV is permitted per site.
[Added 8-21-2013 by L.L.
No. 2-2013]
B.
The speed limit in the park is 15 miles per hour, except in picnic
areas, where it is five miles per hour, or wherever else it is so
posted.
C.
All-terrain vehicles (ATVs) are not allowed in the picnic area at
any time and are not to be used after 9:00 p.m. in any event. ATVs
are only allowed to enter and exit the park. All ATV use within the
park must be by ATVs that are properly insured and registered, and
all ATV riders must wear helmets. All ATVs using the park must be
parked in designated areas and must have stock exhaust system.
[Amended 5-20-2015 by L.L. No. 1-2015]
D.
No parties are allowed after 9:00 p.m. except with special written
permission from the Park Supervisor or his designee.
[Amended 8-21-2013 by L.L. No. 2-2013]
E.
Quiet time will be maintained between the hours of 10:00 p.m. and
7:00 a.m. each day.
F.
There is to be no littering.
G.
There is to be no cutting of trees.
H.
Dogs or other pets may not be chained to trees, but must be separately
and independently staked.
I.
There shall be no go-carts or minibikes in the park.
[Added 5-20-2015 by L.L.
No. 1-2015]
J.
No chainsaws shall be allowed in the park.
[Added 5-20-2015 by L.L.
No. 1-2015]
A.
Any person violating these rules may be issued an appearance ticket
to appear in the Town of Martinsburg Court. Such appearance ticket
may be issued by any law enforcement official, Park Supervisor or
other person so designated by the Town Board. The Town Court shall
have the ability to issue a fine for violation which fine shall not
be less than $50 nor more than $250 for each offense.
[Amended 8-21-2013 by L.L. No. 2-2013]
B.
In addition to the remedies set forth in Subsection A of this section, the Park Supervisor may remove and store camp equipment from any site if the camper is not registered. Equipment so removed and stored will be held for a period of 30 days, after which it may be disposed. Where the camper has registered, a written notice by regular mail as well as certified mail, return receipt requested, will be sent to the owner of the camping equipment advising them of the deadline for its removal. In the case of an unregistered camper, the Town will use its best efforts to locate the individual and provide notice.
[Amended 8-21-2013 by L.L. No. 2-2013]
C.
In addition to the all the foregoing remedies, the Town shall also
have the ability to bar violators from further use of the Park for
the remainder of the season. If the Town elects this option, it shall
issue a written notice by regular mail and certified mail, return
receipt requested, to the person who is being so barred.