[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 5-23-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall apply to all parkland and/or parks and/or
green areas owned by the Town of Mount Hope.
A.
No person shall injure, deface, disturb, befoul or in any manner
destroy or cause to be destroyed any part of any park or green area
or any facility, building, sign, structure, equipment, utility or
other property found therein.
B.
No person shall dig, remove, injure, mark or destroy any tree, shrub,
plant or growing thing or any rock, mineral, artifact or other material
within the boundaries of any park or green area.
No person shall deposit or abandon in any park or green area
any garbage, litter, sewage, refuse, ashes, trash, waste, grass clippings,
branches, shrubbery or other large or obnoxious waste material.
A.
No person shall kindle, build, maintain or in any way use a fire
in a park or green area, except in fireplaces provided or in self-supporting
barbecue grills or stoves in places designated as picnic areas or
by special permit.
B.
Any fire shall be continuously under the care and direction of a
competent person 18 years of age or older from the time it is kindled
until it is extinguished, and no fire shall be built within 10 feet
of any tree or building or beneath the branches of any tree or in
any underbrush.
[Amended 2-18-2020 by L.L. No. 3-2020]
A.
Illegal
drugs are prohibited within all Town facilities, including, but not
limited to, parks and green areas.
B.
Alcoholic
beverages are prohibited within all Town facilities, including, but
not limited to, parks and green areas, without approval by the Town.
Such approval shall be granted only upon receipt and review of a facilities
use application by the Town. Such application shall be complete with
all required attachments, including, but not limited to, evidence
of all required insurances. The form of the application may be designated
by the Town Board by resolution from time to time.
[Amended 3-16-2020 by L.L. No. 4-2020]
A.
No domestic animal may be allowed to run at large in a Town park
or green area. All domestic animals in said areas shall be restrained
on adequate leashes or under supervision by their owners.
B.
No person owning or in charge of any dog shall allow such dog to
soil, defile, defecate on or commit any nuisance in any park or green
area, unless:
(1)
The person immediately removes all feces deposited by such dog by
any sanitary method.
(2)
The feces removed from the aforementioned designated area shall be
disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this section.
No person shall have in his possession or control any rifle,
shotgun, pistol or other firearm, slingshot, pellet gun, air rifle,
fireworks, explosives, knife, bludgeon or other dangerous weapons
within the boundaries of any park or green area, provided that this
rule shall not apply to any law enforcement officer who has been duly
appointed by the government of the United States, the State of New
York or any government entity.
The following rules shall be observed in parks and green areas:
A.
No person shall operate or have in his possession within any park
or green area any off-the-road motor-driven vehicles, including, but
not limited to, any minibike, motorcycle, dune mobile, snowmobile,
all-terrain vehicle, amphibious vehicle or similar motorized device.
B.
Parking of motor vehicles shall be permitted only in designated areas.
C.
Any vehicle parking or standing on any park or green area parking
lot in violation of this chapter shall be deemed a nuisance and a
menace to the safe and proper regulation of traffic. The Town Police
may provide for the removal of such vehicle and payment by the owner
of reasonable cost of the removal.
A.
No field day, carnival, concert, address, rally, domestic presentation
or the like at which more than 18 persons are in attendance (hereafter
called "large group events") shall be held or conducted in a park
or green area unless a permit for such event has first been granted
by the Town Board.
B.
Each applicant for a large-group-event permit agrees that the applicant
and all persons involved in the presentation of the event will observe
the terms and conditions of the permit when issued and will comply
with the requests of the Town Board and police concerning traffic,
arrangements, alcoholic beverages, noise, crowd-control measures and
the use of Town facilities.
A person shall not use Town-owned property or any parklands
or green areas for business or professional purposes involving the
sale of any goods or the rendering of any service for a fee or for
the purpose of soliciting alms or contributions unless authorized
to do so by the Town.
A person shall not post, distribute, cast or leave about any
bills, placards, tickets, handbills, circulars or advertisements in
any form for advertising purposes directly in or in the immediate
vicinity of any park or green area unless duly authorized by the Town
Board.
A.
Parks and green areas are open to the public during the hours from
sunrise until dusk.
B.
It shall be unlawful for any person or persons, other than Town personnel
conducting Town business therein, to occupy or be present in any park
or green area during any hours in which a park or green area is not
open to the public unless written permission has been previously obtained
from the Town Board.
Roller skates, in-line skates and skateboards shall not be permitted
to be utilized on any macadam, concrete or any other surface within
any Town of Mount Hope park unless such area(s) is specifically designated
as a permitted area for the use of roller skates, in-line skates and/or
skateboards.
A.
It shall be unlawful for any person to violate any rule or regulation
governing conduct in Town parks or green areas.
B.
Any person convicted for any activity declared illegal by the laws of the State of New York or the Town, when such activity is engaged in within the confines of any park or green area, shall be deemed a violation of the provisions of this chapter, subjecting such person to the provisions of § 160-15, Penalties for offenses.
The Town Police Department, Building Inspector, any employee
of the Highway Department or any other Town employee or official designated
by resolution of the Town Board shall enforce all provisions established
by this chapter.
A.
In addition to any other method of enforcement, appearance tickets
shall be issued pursuant to Article 150 of the Criminal Procedure
Law for any violation of this chapter. An answer to an appearance
ticket may be made by registered or certified mail, return receipt
requested, within five days of the personal appearance time stated
on the appearance ticket.
B.
If a person charged with the violation admits to the violation as
charged in the appearance ticket, he may complete an appropriate form
authorized by this chapter, enter a plea of guilty to the appropriate
office and forward the form and appearance ticket. A check or money
order in the amount of the penalty schedule appearing on the answer
form must be submitted with the answer.
C.
If the person charged with the violation denies part or all of the
violation, he may complete an appropriate form prescribed for the
purpose, enter a plea of not guilty and forward such form and appearance
ticket, together with security in the amount of $15 to the office
specified on such appearance ticket. Upon receipt, such answer shall
be entered and a new return date established. Such person shall be
notified by return mail of the date and place of such return date
and the security shall be returned upon appearance of the accused.
If a person fails to appear at a return date when such appearance
is required, the security posted shall be forfeited and a summons
or warrant of arrest may be issued pursuant to the Criminal Procedure
Law.
D.
The form for answer by plea of guilty or not guilty shall include
a statement setting forth in substance the provisions of this section
and the schedule of penalties that can be imposed if a plea of guilty
is entered. The form format and content shall be approved by the Town
Board.
Any person or community group that wishes to commence or conduct
an improvement project or maintain any Town park or green area shall
petition the Town Board for a permit. No improvement project or private
maintenance program can be conducted without a permit.
A.
Applications for permits required by this chapter shall be submitted
to the Town Clerk in writing and shall:
B.
The Town Board may establish rules for the issuance of permits and
may delegate the authority for the issuance of permits to the Town
Supervisor.
C.
The Town Board may establish a permit fee to be prescribed in the
schedule of fees adopted by resolution of the Town Board. The Town
Board may establish liability insurance requirements and a permit
fee by resolution from time to time.
The Town Board may grant an exception to any of the provisions
of this chapter upon receipt of a written request setting forth the
relief desired and the basis for the relief. The Town Board may grant
an exception if it is in the best interests of the Town. The Town
Board may establish adequate conditions which will eliminate or reduce
any expenses or adverse effects.
The Town Board shall be empowered to enact, by resolution or
otherwise, such additional rules and regulations consistent with the
letter and the spirit of this chapter.
[Added 8-16-2021 by L.L. No. 2-2021]
A.
Findings.
The Town of Mount Hope finds that restrictions on smoking are necessary
to achieve the following:
(1)
Protect
the public health, safety and general welfare by eliminating exposure
to secondhand smoke.
(2)
Acknowledge
the need of nonsmokers, especially children, to breathe smoke-free
air, recognizing the danger to public health which secondhand smoke
causes.
(3)
Recognize
that the need to breathe air free of the disease-causing toxins in
secondhand smoke should have priority over the desire and convenience
of smoking upon or within all Town parks, beaches and recreation areas
and within 25 feet of all public entrances to Town buildings.
(4)
Recognize
the right and benefit to municipal residents and visitors to be free
from unwelcome secondhand smoke upon or within all Town parks, beaches
and recreation areas and within 25 feel of all public entrances to
Town facilities.
B.
Definitions.
(1)
Inhaling
of, exhaling of, burning of, or carrying of any substance, including,
but not limited to, lighted cigars, cigarettes, pipes, marijuana,
or other plant in any manner or any form, as well as any substances
used in the act of vaping.
C.
Applicability.
Smoking shall be banned upon or within all Town parks, recreation,
and green areas as defined in this chapter. It shall also be banned
within 25 feet of all public entrances to Town facilities.
D.
Posting
of signs. Signs clearly stating "Smoking is Prohibited" or "No Smoking"
and/or signs consisting of the universal pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it shall be predominantly and conspicuously posted upon the entrance
to all areas where smoking is regulated by this Town Code chapter.
If such a sign is placed at the entrance to a public building, it
shall also state that there exists a 25 feet distance requirement
as previously defined in this chapter.
E.
Enforcement.
All law enforcement officers of Town, county or state may enforce
these regulations; this shall include Town constables, county sheriff
deputies and state police officers.
F.
Penalties
for offenses. Any person or organization violating the provisions
of this chapter shall, upon conviction thereof, be guilty of a violation
and shall be subject to the payment of a fine not exceeding $500 or
imprisonment for a period not to exceed 15 days, or both. Each violation
shall be considered a separate and additional violation, notwithstanding
the penalty hereinbefore provided.
