[L.L. No. 5-2011, 4-4-2011; Ord. of 7-11-1996, § 5;
Ord. of 3-28-2002, § 1; Ord. No. O-07-8, § 1; L.L.
No. 5-2011, 4-4-2011]
(a)
Definitions. Unless otherwise expressly defined,
whenever used in these rules and regulations, the following words
or phrases shall have the following meanings:
(1)
COMMISSIONER — The Commissioner of Recreation of the City
of Poughkeepsie.
(2)
DESIGNEE — An employee or representative of the City of
Poughkeepsie Recreation Department possessing authority delegated
by the Commissioner.
(3)
PARK — All land, water, vegetation, and structures administered
or operated by the City of Poughkeepsie Recreation Department.
(4)
PERMIT — Any written authority issued by the Chamberlain,
Commissioner, or their designees, in accordance with these rules and
regulations.
(5)
PERSON — Any individual, family, group, corporation, unincorporated
association, firm, partnership or other entity or business organization
of any kind.
(6)
STATE — State of New York.
(b)
Purpose/applicability. The purpose of this article
is to provide rules and regulations for the use of and conduct in
the parks of the City. These rules and regulations shall apply to
all parks in the City, including:
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Bartlett Park
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College Hill Park
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Dongan Square
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Earline Patrice Park at Mansion Square
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Eastman Park
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Hulme Park
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Kaal Rock Park
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King Street Park
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Lincoln Park
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Morgan Lake
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Pershing Avenue Park
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Pulaski Park
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Reservoir Square
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Soldier's Memorial Fountain
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Spratt Park
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Stitzel Field
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Waryas Park
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Wheaton Park
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(c)
Application and enforcement. Notwithstanding anything
set forth in these rules and regulations, all applicable laws, statutes
or regulations of the state, or local laws and the ordinances of the
city, including these rules and regulations, shall apply to the conduct
of all persons or activities within the parks and may be enforced
by any duly authorized law enforcement officer.
(d)
General rules/regulations. The following rules and
regulations shall apply to all parks in the city, unless specifically
made applicable to only one or more parks:
(1)
No person shall be in possession of firearms, knives of any
description, or other dangerous instruments in a park.
(2)
No person shall bring into or have in a park any explosive or
explosive substance.
(3)
No person shall kindle, build, maintain or use a fire other
than in a grill in a designated area. Any fire shall be continuously
under the care and direction of a competent person over 16 years of
age from the time it is kindled until it is extinguished. No person
shall throw away or discard any lighted match, cigar, cigarette or
other burning object in a park except after extinguishing same and
then only in a receptacle provided therefor by the city.
(4)
No person shall solicit contributions for any purpose unless
authorized by special permit by the city.
(5)
No person shall consume any alcoholic beverages in a park or
have in his/her possession an open container of an alcoholic beverage
unless such consumption or possession occurs under authority of a
private event permit issued by the city.
(6)
No motor vehicle of any type or description, including but not
limited to minibikes, trail bikes and snowmobiles, shall be permitted
in a park except on designated roads and then only for the purpose
of parking in designated parking areas or departing from same.
(7)
No person shall use lewd or abusive language or engage in public
lewdness or behave in a disorderly manner in a park. No person shall
urinate or defecate in a park except in facilities designated by the
city.
(8)
No person shall remove any equipment or park apparatus from
within the boundaries of any park or from its original location within
the park.
(9)
No person shall engage in any activity in any park except in
an area designated for same by the Recreation Commissioner. Wholly
prohibited activities include, but are not limited to, golfing, hunting,
trapping, horseback riding or any obnoxious or offensive activity.
(10)
No person shall throw or discard in a park any litter or any
object or matter not naturally found in the boundaries of the park.
Refuse must be deposited in receptacles provided.
(11)
No person, for the duration of any athletic event sponsored
by the Recreation Department, shall remain in the vicinity of the
event except in designated areas.
(12)
No person shall injure, deface or disturb any part of the park
or any building, sign, equipment or other property found therein;
nor shall any tree, flower, fern, shrub, rock or other plant or mineral
be removed, injured or destroyed; nor shall any person harass, annoy
or injure nor shall any person view, approach or enter into or upon
any waterfall, gorge, cliff or other natural or scene feature by any
means other than established trails, overlooks and entries provided
for such public use, visit or entry.
(13)
No person shall cause or permit any animal owned by him/her or in his/her custody or under his/her control to enter or remain in a park, except a dog restrained by a leash not exceeding six feet in length. Removal of canine waste shall be governed by Section 4-9 of the Code of Ordinances.
(15)
No person shall sell, rent or hawk any articles or property, including the vending of food, in a park unless such activity is first approved in writing by the City Administrator and the Commissioner, and a license is obtained from the City Chamberlain. Upon approval and payment of the required fee, as set forth in Section 10-3 of the City Code of Ordinances, a vendor license shall be issued by the City Chamberlain and must be displayed at all times. Revocation of a license may occur pursuant to Section 10-12 of the City Code of Ordinances.
(16)
The speed limit on the roadways in all parks shall be 15 miles
per hour.
(17)
The College Hill Access Road shall be designated a one-way roadway
with the ingress through the south entrance to the park and egress
through the north exit from the park, exiting onto North Clinton Street.
(18)
Rollerblading, scooter riding and skateboarding shall be prohibited
on all tennis courts and basketball courts.
(19)
No person shall feed birds or other wildlife in any park.
(20)
In order to conserve the natural beauty of the city parks, protect
the health, safety, and welfare of the public, and to preserve the
city parks for public uses, public recreation, pleasure, air, light
and enjoyment, the posting or distribution of signs, advertisements
or literature is prohibited.
(21)
No person shall loiter in or near toilets and no one, except
City employees on duty, may enter toilet rooms designated for the
opposite sex.
(22)
No person shall place or allow to be placed in any river, pond,
brook, stream, ditch or drain within the park any solid, liquid or
aqueous waste which shall fail to comply with the minimum requirements
set by the State Department of Health or the State Department of Environmental
Conservation for Quality Standards of Class B Waters.
(23)
No person shall be allowed to congregate in groups or crowds
for unlawful purposes, riotous assemblage, or to annoy, harass, or
to inflict property damage or bodily injury to others.
(24)
The Commissioner may deny permits if the Commissioner shall
make a finding that, after a review of all pertinent factors such
as the anticipated attendance at the park on the date in question,
the number of permits issued for the day in question, or the number
of different groups or individuals requesting permits for the day
in question, there would be posed a threat to the health, safety,
and welfare of the public enjoying the park.
(25)
The rights of park users to enjoy the parks shall at all times
be recognized and respected by all persons. If an individual, family,
or group causes discomfort or disruption to other park users or to
park employees, they may, at the discretion of the Commissioner or
his designee, be reassigned to another area of the park or be removed
from the park. Furthermore, the Commissioner may ban the individual,
family or group violating this section from the park for such time
as he deems appropriate.
(26)
No person shall use or have in his or her possession any controlled
substance unless prescribed by a physician for the possessor.
(27)
No person shall operate games of chance.
(28)
No person shall fail or refuse to comply with any reasonable
order relating to the regulation, direction or control of traffic
or to any other order lawfully given by the Commissioner or his designee.
(29)
All registered motor vehicles shall be parked in designated
areas only. No vehicle shall be left in an area where posted signs
prohibit parking. Parking during hours parks are closed is prohibited.
(30)
Persons holding permits for private event use of City parks are required to confine the activities approved under the permit to the area of the park defined in the permit. In Waryas Park, permit holders are required to maintain a distance of a minimum 25 feet from the exterior boundaries of the Ice House Concession Stand and to refrain from selling any food item being sold by the Ice House Concessionaire. Failure to observe these requirements may result in the cancellation of the permitted event, the denial of requests for future permits and/or imposition of the penalties set forth in Section 15-24.2 of this article.
(31)
Private event permit holders are required to arrange City assistance
for assembly of equipment, bleachers, chairs, electricity and other
items at least 15 days in advance of the scheduled event. Failure
to do so will result in denial of any such request.
(32)
The City Administrator may promulgate such other and further
rules and regulations not inconsistent with this article he deems
necessary and proper to promote the health, safety and general welfare
of persons using the parks and the orderly administration and preservation
of the parks.
(33)
No person shall bring into or have in a park any glass beverage
container.
(34)
Smoking shall be prohibited within public parks. No person shall
smoke a cigarette or other tobacco-related product in any public park
within the City of Poughkeepsie. No person shall carry or possess
any lit tobacco product within a public park in the City. This subsection
shall not apply to any golf course located within the City of Poughkeepsie.
(e)
Permits required for private use of City parks; specific
conditions.
(1)
Use of the City parks by private organizations for events other
than those conducted by or sponsored in whole or in part by the City
is prohibited unless a permit in a form approved by the City Administrator
is first obtained from the City Chamberlain and all fees and costs
described below are paid.
(2)
An application for private use of City parks shall be obtained
from the City Chamberlain. The application shall be submitted at least
15 days prior to the private use event to the City Chamberlain. The
application shall be reviewed and approved by the City Administrator
and Commissioner, prior to the issuance of any permit by the City
Chamberlain.
(3)
The portions of parks available for private event use shall be designated from time to time by the City Administrator. Any permit issued hereunder shall describe with specificity the park area within which the private event may take place. Any use of areas of the park not so designated in the permit shall be a violation of this Article II that may result in the revocation of the permit and forfeiture of any posted security and shall subject the permittee or its agents, employees or representatives to the penalties set forth in Section 15-24.2.
(4)
Alcoholic beverages shall be prohibited unless the private use permit authorizes such sale or use. Requests for such authorization shall be specifically set forth in the application. The permittee shall provide evidence of authority from the State Alcoholic Beverage Control Board as a condition precedent to such permit. Alcoholic beverages shall be used and consumed only in the area designated in the permit for such purpose. Any use of areas of the park not so designated in the permit for the use or consumption of alcoholic beverages shall be a violation of this Article II that may result in the revocation of the permit and forfeiture of any posted security and shall subject the permittee or its agents, employees, representatives, invitees or customers to the penalties set forth in Section 15-24.2.
(5)
Fees. The following fees shall be charged:
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Type of Permit
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Fee
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General private event permit
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$25 (per event)
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Assembly permit
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$25 (per event)
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Exhibitor permit
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$35 (per day)
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Flea market permit
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$35 (per day)
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(6)
Cleaning obligation; security deposit. A permittee must, as a condition of the right to use the park, agree to clean the area of the park and to restore the area of the park to the condition it was in prior to the event for which the permit was granted. To ensure that the permittee complies with this Article II and cleans and restores the park as described above, a security deposit in the form of a certified check payable to the City, or cash, in the amount of $250 shall be delivered to the City Chamberlain with the application for the private event permit. The permittee will be given up to 12 hours after the event to clean and restore the area used for the event. At that time the Commissioner or his designee will inspect the area, and a determination will be made of any damages or cleanup cost. If the City must incur expense to clean the park or restore it to its condition prior to the event, or if any other part of the rules and regulations established under Article II have been violated, any cost incurred by the City will be deducted first from the security deposit, and, if necessary, the City will have the right to collect the balance of the cost plus court costs and reasonable attorney's fees from the permitee by any lawful means.
(7)
Liability insurance. Any applicant for a private
event permit must provide evidence of at least $500,000 of public
liability insurance coverage, with products liability coverage if
deemed necessary by the Corporation Counsel, for the period of the
event. This insurance coverage can take the form of a rider to a homeowner's
policy or a certificate of insurance naming the City as an additional
insured party on the insurance policy. Notwithstanding the above,
any applicant for a private event permit involving the sale or consumption
of alcoholic beverages must provide evidence of $1,000,000 public
liability coverage for the period of the event, naming the City as
an additional insured party on the insurance policy.
(8)
No entrance or access fees may be charged at any private event
by any permittee or other person.
(9)
No person may be charged a fee by a permittee or other person
for the right to sell, hawk, rent or peddle at a private event.
[Ord. of 7-11-1996, § 5; Ord. of 3-28-2002, § 1; Ord. of 7-21-2003, § 1; Ord. No. O-06-10, § 1; Ord. No. O-12-12, 11-5-2012, § 1]
It shall be unlawful for any person, unless engaged either as
a participant or as a spectator at a public event sanctioned by the
City of Poughkeepsie, to occupy or to be present in all City parks
between the hours of 11:00 p.m. and 6:00 a.m. of the following day,
as all City parks are ordered closed from the hours of 11:00 p.m.
to 6:00 a.m. of the following day, except as provided herein:
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Park
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Hours Closed
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Bartlett Park
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10:00 p.m. to 6:00 a.m. of the following day
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College Hill Park and basketball court of College Hill Park
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9:00 p.m. to 6:00 a.m. of the following day
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Eastman Park
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9:00 p.m. to 6:00 a.m. of the following day
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Kaal Rock Park
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9:00 p.m. to 6:00 a.m. of the following day
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King Street Park
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10:00 p.m. to 6:00 a.m. of the following day
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Lincoln Park
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9:00 p.m. to 6:00 a.m. of the following day
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Mansion Square Park
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9:00 p.m. to 6:00 a.m. of the following day
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Pulaski Park
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9:00 p.m. to 6:00 a.m. of the following day
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Reservoir Square Park
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10:00 p.m. to 6:00 a.m. of the following day
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Soldier's Memorial Fountain
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9:00 p.m. to 6:00 a.m. of the following day
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Spratt Park
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10:00 p.m. to 6:00 a.m. of the following day
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Wheaton Park
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9:00 p.m. to 6:00 a.m. of the following day
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[Ord. of 7-11-1996, § 5; Ord. of 3-28-2002, § 1]
No person shall operate a motor vehicle on the running track
and/or on the pedestrian paths of Eastman Park in the City of Poughkeepsie.
[Ord. of 7-11-1996, § 5; Ord. of 3-28-2002, § 1]
It shall be unlawful for any person, unless engaged either as
a participant or as a spectator of a public affair sanctioned by the
City, to park and/or drive a motor vehicle within the boundaries of
College Hill and Spratt Park in the outdoor area of the basketball
court during the period of time measured from sundown on any day until
sunrise on the next day following.
[Ord. of 7-11-1996, § 5; Ord. of 3-28-2002, § 1]
When appropriate signs giving notice thereof are erected, swimming
and the use of boats, rafts and other flotation or surface vessels
for fishing or any other purpose shall be prohibited at all times
in the following enumerated public places in the City:
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Morgan Lake
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[Ord of 9-18-1977, § 1; Ord. of 9-13-2001, § 1, Ord. of 3-28-2002, § 1,
Ord. of 6-10-2002, § 1; Ord. of 6-21-2004, § 1]
(a)
When appropriate signs giving notice thereof are erected, the following areas shall be designated as handicapped parking areas and are to be utilized only for the purposes as set forth in Article IV, Parking Permits for Handicapped Persons, of Chapter 13 of the Code of Ordinances:
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Lower parking lot at Waryas Park, two parking spaces
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(b)
When appropriate signs giving notice thereof are erected, parking
in the parking lot within King Street Park and all parking lots within
Spratt Park shall be limited to three hours or for the duration of
a City-scheduled event in the park, and there shall be no parking
allowed between the hours of 10:00 p.m. and the following 6:00 a.m.
each day.
(c)
When appropriate signs are erected giving notice that specific parking
spaces in the upper and lower parking lots of Waryas Park are reserved
for "Boat Trailer Parking," parking shall be prohibited by any other
vehicle types in such spaces from April 15 to October 15 of each year.
[Added by Ord. No. O-14-9, 6-16-2014, § 1]
[Ord. of 9-3-1998, § 1; Ord. of 3-28-2002, § 1]
(a)
No person shall anchor or moor any vessel within 1,500 feet of shore
for the purpose of conducting trade or business of any kind except
for fishing activities.
(b)
In no case shall any vessel be anchored or moored within 100 feet
of a dock, pier or marina.
(c)
No vessel shall be tied up or made fast to any public dock or other
public property for a longer continuous period than 30 minutes, unless
a prior, written permit has been obtained from the Recreation Commissioner.
(d)
In addition to any other penalty provided for herein, any vessel
found to be in violation of this section may be removed by any duly
authorized officer or agent of the City of Poughkeepsie at the expense
of the owner or other person in charge of such vessel.
(e)
"Vessel" as used in this section shall be deemed to include floating
devices of all sorts or kinds which are intended or can be used to
carry or support human beings upon the surface of a body of water,
including but not limited to ships, boats, motor boats, personal watercraft
(i.e., jet skis) or floating platforms.
[L.L. No. 6-2001, § 1]
(a)
Findings; intent.
(1)
The Common Council of the City of Poughkeepsie finds and declares
that it will promote the safety of the people and be for the best
interests of the City to adopt regulations for the use of personal
watercraft and specialty prop-craft on the Hudson River in the City.
(2)
The Common Council of the City of Poughkeepsie finds that the
regulation of personal watercraft is in the public interest and that
the establishment of a no-wake zone will enhance public safety and
welfare of the City of Poughkeepsie by reducing noise and promoting
public safety.
(3)
The Common Council of the City of Poughkeepsie finds that such
regulation will enhance the shoreside residents' and users' quality
of life and is necessary because of the high usage of the Hudson River
in the subject area by boaters and anglers.
(4)
The purpose and intent of this section is to establish a personal
watercraft and specialty prop-craft regulation zone pursuant to authority
under Navigation Law § 46 and Municipal Home Rule Law § 10.
(b)
Definitions.
(1)
PERSONAL WATERCRAFT — A vessel which uses an inboard motor
powering a water jet pump as its primary source of motive power and
which is designed to be operated by a person sitting, standing or
kneeling on, or being towed behind the vessel rather than in the conventional
manner of sitting or standing inside the vessel [Navigation Law § 2(30)].
(2)
SPECIALTY PROP-CRAFT — A vessel which is powered by an
outboard motor or a propeller-driven motor and which is designed to
be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel. [Navigation Law § 2(31)].
(c)
Personal watercraft and specialty prop-craft regulation zone. There shall be a personal watercraft and specialty prop-craft regulation
zone on the Hudson River which shall run the length of the shoreline
of the City of Poughkeepsie a distance of 300 feet into the river,
which distance shall be properly marked with buoys. Within this zone,
it shall be unlawful for the operators of personal watercraft and
specialty prop-craft to operate their craft at a speed of greater
than five miles per hour.
(d)
Enforcement. It shall be the duty of all peace officers,
acting pursuant to their special duties, police officers and traveling
navigation inspectors to enforce the provisions of these regulations
(Navigation Law § 46).
(e)
Signage. There shall be constructed on the shore
of the Hudson River a signboard facing the water and bearing thereon
in large letters "VESSEL REGULATION ZONE." Such signboard shall be
conspicuously placed on the shore at such location(s) as the City
Administrator shall designate to indicate the boundary of the regulation
zone. Each signboard shall also set forth the restrictions adopted
herein, as now or hereafter amended. A signboard conspicuously displaying
the same information shall also be constructed facing land at all
public boat launches in the City.
(f)
Violation and penalties. For each and every violation
of this section, the person violating the same shall be guilty of
an offense which shall be punishable by not more than a fine of $300
and/or a term of imprisonment not to exceed 10 days.
