[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 7-7-2020 by L.L. No. 7-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 153,
Parks and Recreation, adopted 3-5-1992 by L.L. No. 2-1992, as amended.
The Village of Briarcliff Manor recognizes the importance of
public parks and recreation facilities to the quality of life of its
residents. Therefore, control of the use of parks and recreation facilities
is desirable in order to provide safe and wholesome recreational opportunities.
The following terms shall have the following meanings:
Any designated public park or open tract of land containing
grass, shrubs, or trees, playgrounds, fields, or any other recreation
area owned, operated, maintained or located within the boundaries
of the Village of Briarcliff Manor. For the purposes of this chapter,
"park" or the plural "parks" shall also include any hiking or walking
trail, building, recreation facility, roadway, or any other public
land owned, operated, maintained, or located within the boundaries
of the Village of Briarcliff Manor and used for recreational purposes.
Any limited athletic resource including courts for tennis,
paddleball, pickleball, basketball; any field designated for group
sports including soccer, baseball, softball, football, or lacrosse;
any pool or natural body of water; or any indoor facility; any of
which may be used by the Briarcliff Manor Recreation Department for
Village-sponsored activities.
A.
No person shall violate any provision of Chapter 165, Protection of Public Property, or otherwise damage, break, mar, deface, graffiti, injure, take, transfer, relocate or remove any public property or natural property, including plantings, flowers, grass, rocks, trees, or any other park property, by any manner whatsoever.
B.
No person in any park shall introduce, carry or discharge any fireworks
and firearms, including but not limited to air rifles, sling shots,
bow and arrows, pellet guns or BB guns.
C.
With the exception of lawful fishing activities only at specified
times and in designated areas marked by signage, no person in any
park shall feed any wild animal, or hunt, trap, molest, frighten,
or harm any animal in any park or elsewhere within the boundaries
of the Village of Briarcliff Manor. Nothing herein shall limit the
Village of Briarcliff Manor from employing an expert licensed by the
State of New York to lure, trap, or remove any animal that may create
a risk to life or limb or otherwise impede the safe use and enjoyment
of Village Parks.
D.
No person shall violate any provision of Chapter 138, Littering and Handbills, or otherwise throw, cast, lay, drop, dump, deposit, bring to or leave in any part of the park, any garbage, sewage, refuse, waste, chemicals, poison, ashes, leaves, branches, or grass clippings. Any trash or recyclable waste shall be placed in available receptacles. At parks where receptacles are not available, persons responsible for generating such trash and recyclable waste shall carry away and properly dispose it elsewhere.
E.
The operation of any unlicensed motorized vehicle, or any motorcycle,
motorbike, snowmobile, minibike, all-terrain vehicle, or any other
motorized vehicle, in any park, is prohibited.
F.
Smoking, including the use of electronic cigarettes, except in specifically
permitted areas indicated by signs placed by the Village, is prohibited
in all Village parks and recreation facilities.
G.
No person shall cook any food, operate a gas-powered or electric
cooking device, build a fire, or otherwise create an open flame, except
in a designated grill, fireplace, or other area constructed for such
purposes and marked by signage, unless so permitted with the prior
written permission of the Recreation Department.
H.
No person shall enter upon any ice in any park that is not designated
by signage as a permitted skating area.
I.
No person shall engage in any loud conduct or behavior which causes
breach of the public peace, including shouting, screaming, singing,
playing music, using amplified or reproduced music or sounds, using
abusive or obscene language, or willfully generating any other noise
at an unreasonable volume to disturb other park visitors or neighboring
residents.
J.
No person shall permit an unleashed dog in any park or recreation
facility, except as part of a Village-sponsored dog-training class,
or other such approved uses, permitted by the Recreation Department.
Any fecal matter produced by any dog in any park must be collected
and disposed of by the dog's owner in designated receptacles
or removed from the area by the dog's owner for proper disposal
at the owner's residence.
K.
No person shall operate a model airplane, drone, or any other powered
device in or above any park, without the prior written permission
of the Recreation Department.
L.
No person shall walk with or ride upon a horse or pony in any park.
M.
No person shall ignore, bypass, or alter any gate, fence, sign, or
pedestrian or vehicle obstruction indicating the closure of a park
or recreation facility.
The following activities are prohibited without a lawfully acquired
permit issued by the Recreation Department:
A.
Use of any recreation facility, as defined herein. However, nothing
herein shall prevent the casual use by Briarcliff Manor residents
and their accompanied guests of any basketball court, or any field
designated for group sports, provided such court or field is not in
use by others for whom a valid permit has been issued.
B.
The use of parks, recreation facilities, or any other public facility
for any commercial purpose, league competition, organized team play,
or other regularly scheduled group activity.
C.
Swimming or wading in any pool, natural body of water, or waterway
in any park, except where otherwise designated by the Recreation Department.
D.
Launching, paddling, rowing, or otherwise operating any boat, raft
or other watercraft upon any body of water within any park.
E.
Camping, erecting a tent, erecting any other shelter within any public
park.
F.
Erecting, posting, or affixing any signs, flyers, posters or placards in any park, or distributing any handbill in any park in violation of Chapter 138, Littering and Handbills.
G.
Loitering or remaining within any park, or any part thereof, whether
in or out of a vehicle, after dusk or any other time a park is closed.
H.
Erecting any recreation or play equipment in any park, except temporary,
portable equipment suitable for infants, toddlers, or children below
the age of five years.
I.
Bringing, carrying or consuming any alcoholic beverages at any time
in any park. Any persons entering a park or found within a park to
be under the influence of alcohol or other mood-altering substance
shall be immediately removed by a police officer and may be subject
to civil or criminal fines and penalties.
Except where public notice placed by the Village of Briarcliff
indicates otherwise, use of any recreation facility, or any other
activity requiring the prior written permission of the Recreation
Department as described herein, may be subject to approval of an application
and the advanced payment of permit fees, as follows:
A.
Application for such permits shall be made to the Recreation Department
upon a form including the following information:
(1)
Name, residence address, cell phone number, and email address of
the applicant.
(2)
Date and time, or a range of dates, of the proposed use.
(3)
A description of the proposed use of the park or recreation facilities.
(4)
For any commercial or group use of any park or recreation facility
requiring a permit, the Village may require reasonable indemnification,
insurance, or bond, each in a form acceptable to the Village, prior
to the issuance of any such permit.
B.
Upon review of the Recreation Department, the applicant's permit
request may be denied, or a previously issued permit may be revoked,
on one or more of the following grounds:
(1)
The applicant has failed to furnish all information required;
(2)
The applicant has made a willful or material misstatement of fact
in his application;
(3)
The applicant has been found to be in violation of any part of this
chapter within the previous 24 months; or
(4)
The granting of a permit would interfere with the peace, comfort,
safety and well-being of other users of the park or other inhabitants
of the Village of Briarcliff Manor.
C.
Any permit issued hereunder is for the exclusive use of the applicant
and shall not be transferable.
D.
Applicants granted a permit herein shall provide a color photograph,
taken no more than 60 days earlier and showing the full face and shoulders
of the permittee, to be affixed to a card to be displayed or presented
by permittee while using or entering any recreation facility as proof
of prior Recreation Department approval.
E.
In the event that a permit in denied, or subsequently revoked under
the regulations herein, the applicant may appeal such decision to
the Village Board of Trustees. After review of said appeal, the Village
Board of Trustees may affirm or reverse such action, or modify the
conditions for approval, based upon a finding that the determination
of denial or revocation was arbitrary, capricious or not supported
by substantial evidence.
F.
An applicant granted a permit shall pay a fee set forth in the Master
Fee Schedule, as adopted by a resolution of the Village Board of Trustees
and which may be amended from time to time, for use of a recreation
facility or special use of a park.
G.
Permit fees are not refundable.
All parks will be open to the public from 8:00 a.m. to dusk
unless otherwise posted. Exceptions are made for lighted play areas,
where applicable, but not beyond 11:00 p.m. Use of parks or recreation
facilities beyond these times will only be permitted by prior written
permission of the Recreation Department.
A.
No person shall drive any vehicle in excess of the posted speed limit,
which may be as low as 10 miles per hour in Village parks, nor park
or leave a motor vehicle overnight in any park area.
B.
No person shall fail to obey a police officer, or any designated
Recreation Department personnel, directing traffic or facilitating
the parking of vehicles in any park area.
C.
No person shall fail to observe or obey any other traffic, parking,
speed, directional or other signs posted for the proper control and
safeguarding of life and property.
D.
No vehicles shall traverse or park on any ground other than a paved
or graveled surface. No vehicles shall be permitted on any recreation
facility, park lawn, seeded or grassed area without written permission
of the Recreation Department, or on-site direction of authorized Village
personnel.
To the maximum extend allowable by law, and except to the extent
caused by the Village of Briarcliff Manor's gross negligence
or willful misconduct, any person entering a Village park hereby releases,
discharges and shall indemnify, hold harmless and defend the Village,
at such person's sole cost and expense, from all losses, claims,
liability, damages, and expenses (including reasonable attorney's
fees) due to or caused by:
Village of Briarcliff Manor police officers and Recreation Department
employees shall be empowered to enforce all the provisions of this
chapter. Any police officer, employee of the Recreation Department,
or lawfully designated Village personnel shall have the authority
to eject or cause to be removed from a park any person acting in violation
of this chapter or posted park rules, or when actions of a person
are jeopardizing or will likely jeopardize the safety or enjoyment
of the park property or other persons in the park.
Any person who violates any provision of this chapter or rules
and regulations established pursuant hereto shall, upon conviction,
be subject to a fine of not more than $250 for each offense, and may
be excluded from activities in the Village parks or participation
in Village recreation programs. Every violation of any provision of
this chapter shall be a separate and distinct offense, and in the
case of a continuing violation, every continuing occurrence thereof
shall be deemed to be a separate and distinct offense.
Local Law No. 2-1992, previously enacted March 5, 1992, Ordinance
No. 143, previously enacted on June 4, 1964, and Ordinance No. 32,
previously enacted on July 13, 1932, are hereby repealed.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State of New York.
