Town of Martinsburg, NY Parks and Recreation Areas

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.

§ 160-2 Findings and purpose.

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.

§ 160-3 Rules for Whitaker Park.

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]]

[1]

Editor's Note: This local law also repealed original Subsection D, regarding availability of registration forms, which immediately followed this subsection.

(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]

(5)

Payment is due in advance, except as provided in Subsection A(3) or A(6).

[Amended 8-21-2013 by L.L. No. 2-2013]

(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]

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.

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]

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]

Quiet time will be maintained between the hours of 10:00 p.m. and 7:00 a.m. each day.

There is to be no littering.

There is to be no cutting of trees.

Dogs or other pets may not be chained to trees, but must be separately and independently staked.

There shall be no go-carts or minibikes in the park.

[Added 5-20-2015 by L.L. No. 1-2015]

No chainsaws shall be allowed in the park.

[Added 5-20-2015 by L.L. No. 1-2015]

§ 160-4 Penalties for offenses.

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]

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]

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.