[HISTORY: Adopted by the Board of Trustees
of the Village of Johnson City 2-21-1977 by L.L. No. 5-1977; amended in its entirety
3-17-2015 by L.L. No. 3-2015. Subsequent amendments noted where applicable.]
The Village of Johnson City has established various parks to
be administered by the Village of Johnson City Department of Public
Works. For the better management of these parks, it is necessary to
establish certain rules and regulations for all persons entering,
using, visiting or who are otherwise within the boundaries of said
parks.
This chapter does hereby establish the following rules and regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
The Village of Johnson City Department of Public Works.
The Director of Public Services and/or his/her duly authorized
personnel.
Any and all land and/or physical structures owned or controlled
by the Village of Johnson City, administered by its Department of
Public Works, and designated as a park. These shall include areas
designated as parks, picnic areas, nature reserves and other special
use areas as designated by the Parks Department.
Includes persons and corporations and other groups.
No person shall:
A.
No person shall leave behind or dump any material of any kind in
the park except the refuse, ashes, garbage and other material of a
permitted activity, and such material shall be deposited in receptacles
provided for such purposes.
B.
No person shall, within the park, place or permit to be placed in
any river, brook, stream, ditch or drain any liquid or aqueous waste
which shall fail to comply with the minimum requirements as set by
the New York State Department of Health for quality standards for
Class B waters.
No person shall:
A.
Strike, shove, kick or otherwise subject another person to physical
contact or attempt to do the same with the intent to harass, annoy
or alarm such other person.
B.
Follow a person about the park with the intent to harass, annoy or
alarm such other person.
C.
Engage in a course of conduct or repeatedly commit acts which alarm
or seriously annoy such other person and which serve no legitimate
purpose.
D.
Threaten or menace any other person with any instrument or by using
any animal to do the same with the intent to harass, annoy or alarm
such other person.
No person shall, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof:
No person shall commit, perform or engage in any lewd, lascivious,
obscene or indecent act or behavior.
No person shall:
A.
No person shall fail or refuse to comply with any reasonable order
relating to the regulation, direction or control of traffic or with
any other order lawfully given by the Director or willfully resist,
obstruct or abuse any police officer or other official in the execution
of his/her office.
B.
The Director may set such regulations from time to time that will
help in promoting the health, safety and general welfare of persons
and the orderly administration of the park pursuant to policies established
by the Village Board of the Village of Johnson City.
A.
No person shall establish or maintain any camp or other temporary
lodging or sleeping place within the park.
B.
Any facility or area rented, leased or otherwise reserved shall be
open for inspection by authorized employees of the Department for
the purpose of assuring compliance with rules and regulations and
proper use of Department property.
A.
No person shall start a fire in the park, except small fires for
culinary purposes in park grills or privately owned grills or fires
in the places or designated areas approved by the Director. The Director
may prohibit, at his discretion, fires at any location or for any
purpose when necessary for the protection of park property.
B.
No person starting or using fires shall leave the immediate vicinity
of the fires before they are extinguished. The dumping of hot ashes
or fire from portable picnic grills is permitted only in designated
receptacles.
No person shall be permitted to enter or remain within the confines
of the park or other park facilities after closing hours or before
opening hours as set and established from time to time by the Director.
A.
No person within the confines of the park shall hunt, pursue with
dogs, trap or in any way harass or molest any wild bird or animal
found within the confines of the park.
B.
No person shall fish in park waters in violation of the rules and
regulations of the New York State Department of Environmental Conservation.
No person shall bring or release any animal into or upon any
park or park facility.
No person shall use any metal detector within the confines of
the park.
[Amended 10-5-2021 by L.L. No. 9-2021]
No person shall offer for sale or be under the influence of
any beer, wine, liquor, tobacco product, cannabis product or other
intoxicating beverage or any illegal substance, drug, stimulant, depressant
or hallucinating agent within any park or park facility. No person
shall possess, consume or use any beer, wine, liquor, tobacco products,
cannabis product or any illegal substance, drug, stimulant, depressant
or hallucinating agent within any park or park facility.
A.
No person is permitted to remain, stop or park within the confines
of any park or park facility between the hours of sunset and sunrise.
In case of an emergency or when, in the judgment of the Director,
the public interest demands it, a portion of the park may be closed
to the public or designated persons until permission is given to reopen.
A.
Purposes of way.
(1)
No persons shall use any portion of the park for purposes of way
except drives, roadways, paths, walks and trails established for such
purposes. Paths established as bridle paths, footpaths, exercise trails,
nature trails or bicycle paths shall not be used for vehicular traffic.
(2)
Snowmobiles, all-terrain vehicles (ATVs), unlicensed trail bikes
and recreation vehicles are prohibited within all parks and park facilities.
B.
Driving on closed roads or drives. No person shall drive upon or
along any park road or drive which has been closed and posted with
appropriate signs or barricades. The Director shall have authority
to order roads or drives closed.
C.
Speed limit. No person shall drive at a speed in excess of that posted
for the area. The Village Board shall determine the speed limits in
the park.
D.
Reckless driving. No person shall operate a vehicle along or over
any road or drive within the park in a reckless manner or without
due regard for the safety and the rights of pedestrians and drivers
and occupants of all other vehicles.
E.
Motorcycles.
(1)
All motorcycles, licensed trail bikes, minibikes, motor scooters
or mopeds operated within the park shall be operated only on those
roadways provided for the use of motor vehicles.
(2)
All persons operating and passengers riding on motorcycles, licensed
trail bikes, minibikes, motor scooters or mopeds within the confines
of the park shall wear approved safety helmets, as per the requirements
of the New York State Department of Motor Vehicles, at all times while
such vehicle is in motion.
A.
Fees and charges for park use may be established by resolution of
the Village Board.
B.
Any person or group wishing to sponsor or engage in any activity
otherwise prohibited herein, or of a nature other than normal and
customary park activity, is required to obtain written permission
for such activity from the Village Board, which may require such person
or group to enter into a written contract for such activity, upon
such terms and conditions as considered necessary and appropriate
by the Village Board and subject to review by the Village Attorney.
C.
The Department will follow a strict policy of no refunds, except
as outlined in specific contracts or as otherwise approved by the
Village Board.
D.
Once permitted, every activity undertaken hereunder must be in accordance
with appropriate local and New York State law.
Any violation of any provision of the foregoing rules and regulations
or any amendment thereto shall be deemed a violation, and any person
found guilty thereof shall be liable to a fine which shall not exceed
$250 or imprisonment not to exceed 15 days, or both such fine and
imprisonment, or, at the discretion of the Director, be banned from
the parks for a period of time specified in writing. Persons so notified
are prohibited from entering or remaining upon park property.
The Director, Village Code Enforcement Officers, and other agents
designated by the Director, in addition to local, county or state
police or law enforcement officers, are hereby authorized to and they
shall enforce the foregoing rules and regulations, which power shall
include but not be limited to the power to issue appearance tickets
and to exercise such other legal methods of enforcement of the foregoing
rules and regulations as the Director or his/her agents may deem appropriate
and necessary.
Notwithstanding any other provision in this chapter, Village
of Johnson City personnel may undertake any of the activities otherwise
prohibited herein if otherwise lawful or authorized by the Director
or Village Board.