[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton 12-5-1983 by L.L. No. 5-1983. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Recreation
and Parks Law of the Village of Hilton."
The Village of Hilton shall have jurisdiction over the entire
Village of Hilton.
As used in this chapter, the following terms shall have the
meanings indicated:
An area owned or used by the Village of Hilton and devoted
to active or passive recreation.
Any written license issued by or under the authority of the
Village of Hilton permitting the performance of a specified act or
acts or the conduct of a particular function, program or activity.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity or form of association.
Any unusual loud sound which either annoys, disturbs, injures
or endangers the health, safety, welfare, peace, quiet, comfort or
repose of persons or which causes injury to plant or animal life.
Any vehicle propelled by power other than muscular power.
The following acts are prohibited and no person shall:
A.
Injure, deface, disturb or befoul any part of a park or any building,
sign, equipment or other property therein or remove, injure or destroy
any tree, flower, shrub, rock or other mineral found therein.
B.
Interfere with any lamp, lamppost, or electric light apparatus or
extinguish the light therein, except upon proper authority.
C.
Set fire or assist another to set fire to any timber, trees, shrubs,
grass, leaves, growth or any other combustible material or suffer
any fire upon other land to extend onto any part of a park, except
in designated areas when issued by permit.
D.
Bring into, leave behind or dump any material of any kind in the
park, except the refuse, ashes, garbage and other material of a picnic,
camp or other permitted activity, and such material shall be deposited
in receptacles as provided for such purposes. Refuse is not to be
dropped, thrown or scattered on park property.
E.
Either within or outside of a park, discharge into, throw, lay, drop
or leave in any river, brook, stream, storm sewer or drain flowing
into or through a park, any matter, either liquid or solid, which
may result in the pollution of said stream within a park, interfere
with the conservation of the natural resources of a park or endanger
the health of visitors in said park.
F.
Drive or propel or cause to be driven or propelled along or over
any road within a park any vehicle at a greater rate of speed than
10 miles per hour in any manner deemed reckless and without regard
for safety and rights of pedestrians and occupants of other vehicles.
G.
Park, drive or store any vehicle, motorcycle, bicycle, wagon or other
vehicle within a park, except in places or trails designated for such
purposes, park or operate any such vehicle in a park after dusk without
lights or park any vehicle in a park after 10:00 p.m. during the hours
of darkness in areas other than those designated for such purpose,
unless allowed by permit.
(1)
No person shall operate any motor-powered off-road or limited-use
vehicle in any part of a park unless the vehicle in question is registered
in accordance with the New York State Vehicle and Traffic Law.
(2)
No person shall land any aircraft, including gliders, balloons or
parachutes or engage in stunt flying or parachute landing.
H.
Gamble in the park or bring into a park or have in his possession
while in a park any implement or device commonly used or intended
to be used for gambling purposes.
I.
Bring into or keep in a park any cat or other animal destructive
of bird life or wildlife; bring into, have or keep in a park any dog
or other pet or domesticated animal unless the same is on a leash
or in a cage.
J.
Use loud, boisterous or indecent language or interfere with any officer
of a park, Village, town, county or state in the performance of his
or her duty.
K.
Make, continue, cause or permit to be made or continued any unreasonable
noise in a park.
L.
Conduct him/himself in such a manner as to:
(1)
Endanger, the life, limb or property of the other visitors to a park.
(2)
Be suggestive of immoral acts.
(3)
Be offensive or injurious to the morals of any person frequenting
a park.
(4)
Commit, perform or engage in any lewd, lascivious, obscene or indecent
act or behavior; appear in a state of nudity or make any indecent
exposure of his or her person.
M.
Introduce or carry any firecrackers or fireworks or throw, cast,
kick or strike any baseball, golf ball, football, basketball or other
object, except in places designated therefor.
N.
Engage in, instigate, aid or encourage a contention or fight.
O.
Loiter or remain within a park or any part thereof in a vehicle or
otherwise after the posted closing hours at such park without a permit.
P.
Picnic or cook in any area not designated for that purpose, i.e.,
make or kindle any fire except in places provided for.
Q.
Operate or use any radio, musical instrument, television, phonograph,
or other machine or device for the production, reproduction or amplification
of sound in such a manner so as to cause unreasonable or disturbing
noise.
R.
Operate a vehicle in such a manner as to cause unreasonable noise
by spinning or squealing the tires of such vehicle.
S.
Use, carry, transport or sell within a park any marijuana, narcotic
drug, hallucinogen or controlled substance as defined in § 220.00,
or drug paraphernalia, as defined in § 220.50 of the New
York State Penal Law. Violations of this section will be prosecuted
in accordance with the New York State Penal Law. Violators will be
subject to the penalties prescribed therein.
A.
Hours. Except for unusual and unforeseen emergencies, parks shall
open to the public every day of the year between 8:00 a.m. and 10:00
p.m. Any person found in a park after 10:00 p.m. and before 8:00 a.m.
shall be in violation of this chapter.[1]
B.
Alcoholic beverages. A person is guilty of unlawful possession of
alcoholic beverages when such person:
(1)
Possesses or transports or brings beer into a park in a draught dispenser
without a permit from the Village of Hilton.
(2)
Possesses, transports or brings into a park more than six, twelve-ounce
containers or beer without a permit from the Village of Hilton.
(3)
Possesses, transports or brings into a park more than 32 ounces of
liquor other than beer without a permit from the Village of Hilton.
(4)
Becomes intoxicated.
(5)
Is under 21 years of age.
[Added 12-1-1986 by L.L. No. 6-1986]
C.
Weapons. No person, except a law enforcement officer, shall carry
any firearm, switch blade, gravity knife, slingshot or other dangerous
weapon concealed on or about his or her person while in a park.
D.
Horseback riding. No horseback riding shall be permitted.
F.
No swimming shall be allowed in a park.
G.
No gasoline-powered boats shall be allowed in a park.
H.
Permits to use parks.
(1)
Groups of 10 or more persons shall apply for a permit at least five
days prior to the day requested. Groups of 25 or more persons shall
apply for a permit at least 10 days prior to the day requested.
(2)
Applications shall be filed with the Village Administrator.
(3)
The Village of Hilton shall issue a permit when it is found that:
(a)
The proposed activity or use of a park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
The proposed activity or use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct.
(d)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation.
(e)
The facilities desired have not been reserved for other use
on the day and at the hour requested in the application.
(f)
A refundable deposit is posted as security against damage to
park facilities. This deposit may be required at the discretion of
the Village Administrator in an amount to be determined by him or
her in view of the circumstances of the application.
(4)
Liability insurance may be required by the Village for groups using
park facilities on a periodic scheduled basis.
(5)
Within five working days after receipt of an application, the Administrator
shall apprise an applicant in writing to the Village Board, which
shall consider the application under the standards set forth herein
and sustain or overrule the Administrator's decision. The decision
of the Board shall be final.
(7)
The person or persons to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person whatever by
reason of negligence or the person or persons to whom such permit
has been issued. The permittee shall also be responsible for any damage
done to any physical properties.
(8)
The Village shall have the authority to revoke a permit upon finding
a violation of any rule or ordinance or upon good cause shown.
Members of the New York State Police and the Monroe County Sheriff's
Department and any other police agencies shall, in connection with
their duties imposed by law, diligently enforce the provisions of
this chapter.
A.
B.
In addition to all other remedies, the Village Board may also enforce
obedience to this chapter by injunction or in any other manner permitted
by the laws of the State of New York.
The Village Board may from time to time amend, supplement, change,
modify and repeal this chapter, pursuant to the provisions of the
Village Law and the General Municipal Law applicable thereto.[1]
