[HISTORY: Adopted by the Board of Trustees
of the Village of Warwick 1-18-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 90,
Parks, adopted 10-9-1972, as amended.
The purpose of this chapter and the rules and regulations authorized
hereunder is to harmonize, organize, clarify, and collect all laws
relating to the governance of the use of the parks and facilities
in the Village of Warwick so that they may endure and be used and
enjoyed in peace and safety by the citizens of and visitors to the
Village of Warwick in perpetuity.
As used in this chapter, the following terms shall have the
meanings indicated:
All lands and facilities under the jurisdiction, supervision,
and control of the Village of Warwick, including but not limited to
park lands, ball fields, playgrounds, basketball courts, skate park,
water courses, historic sites, nature preserves, and all other recreation
facilities; and shall also include buildings, structures, parking
areas, and all other Village of Warwick owned property.
All persons entering upon and/or using the parks and/or park
facilities for any purpose, other than to carry out their duties and
responsibilities as agents or employees of the Village of Warwick,
to be interpreted herein in the singular or plural as the sense shall
require.
A.
The parks and park facilities are for the peaceful use and safe enjoyment
of citizens and residents of the Village of Warwick and visitors to
the Village of Warwick. Use of the parks and park facilities shall
conform to this chapter of the Code of the Village of Warwick and
to all rules and regulations promulgated thereunder.
B.
The parks and park facilities, except as may be excluded or limited
by the Village of Warwick DPW Supervisor, shall be open for public
use on such days at such times according to the below schedule or
as the Village of Warwick DPW Supervisor may determine or designate.
Such schedule shall be subjected to such temporary or permanent amendment
or variation as the DPW Supervisor may determine.
(1)
Stanley Deming Park. No person shall enter into, remain or be found
in Stanley Deming park in the Village of Warwick between the hours
of 9:00 p.m. and 6:00 a.m. without a special permit issued by the
Village.
(2)
Railroad Green. No person shall enter onto, remain, or be found on
Railroad Green, located at the intersection of Main Street and Railroad
Avenue, during the hours of 11:00 p.m. and 6:00 a.m. without a special
permit issued by the Village.
(3)
Memorial Park. No person shall enter into, remain or be found in
Memorial Park in the Village of Warwick on foot or by vehicle between
the hours of 9:00 p.m. and 6:00 a.m. without a special permit issued
by the Village.
(4)
Memorial Park - Robert Newhard, Sr. Skate Park. No person shall enter
into, remain or be found in the Robert Newhard, Sr. Skate Park in
Memorial Park in the Village of Warwick between the hours of 9:00
p.m. and 6:00 a.m. without a special permit issued by the Village.
(5)
Lewis Woodlands. No person shall enter onto, remain or be found on
Lewis Woodlands Park between dusk and dawn without a special permit
issued by the Village.
(6)
Hallowed Ground. No person shall enter onto, remain or be found on
Hallowed Ground Park between dusk and dawn without a special permit
issued by the Village.
C.
The parks and park facilities shall not be used other than during
such times as the Village of Warwick DPW Supervisor shall have determined
or designated. Exceptions for special uses at times not specified
for use by the general public shall require a special permit issued
by the Village of Warwick. Groups, clubs, businesses, or other organizations
wishing to use the parks or park facilities for an event must first
secure, in writing, a special permit issued by the Village.
D.
The parks or any portion or portions thereof and park facilities
or any part thereof may be closed or rendered unavailable for access
or use, for such interval of time as may be deemed appropriate or
necessary, by the Village of Warwick DPW Supervisor, Mayor, or Village
Board of Trustees. Such closing may be accompanied by the posting
of notices and/or signs to such effect upon the affected property
and/or facilities, and otherwise may best give notice of same to the
public.
E.
The Village Board of Trustees is authorized to adopt a schedule of
fees, which shall be charged for the use of parks or park facilities
and/or equipment. The Village Board is authorized to require the posting
of security, in the form of cash or check, and insurance as a condition
of the use of the parks or park facilities and/or equipment. Should
any damage be done to the premises for which the cost to repair shall
be in excess of said sum, then either the individual making application
for said permit or the group which he represents or on whose behalf
he signs, or both, may be held legally responsible for said excess.
F.
It will be the responsibility of the organized leagues to mark fields
and to install necessary equipment for that league or any other items
necessary for the operation of that league.
G.
Use of the parks and park facilities shall be at the sole and complete
risk of the user. The Village of Warwick assumes no responsibility
and is not liable for any injury, damage, or losses to any persons
or property arising from the use of the parks and/or park facilities.
H.
Entering upon and using the parks and/or park facilities shall constitute
an agreement by the user to hold the Village of Warwick harmless from
all claims from injury, damage or loss to any persons or property
arising from the use of the park and/or park facilities. Injury, damage
or loss of property of the Village of Warwick, including the parks
and/or park facilities, resulting from the use of the parks and/or
park facilities shall be the responsibility of the user, who shall
be liable to the Village of Warwick for the actual cost or value of
such injury, damage or loss, in addition to such other claims and
sanctions as may be allowed or imposed by law.
I.
All federal, state, and local laws, rules, regulations and ordinances
which apply or shall hereinafter apply in and for the Village of Warwick
shall apply in and for the Village of Warwick parks and park facilities,
including insofar as same require prior notice of actions, claims,
suits, and other proceedings; and in all other forms and for such
other purposes as are or may be provided therein.
A.
The Village of Warwick, DPW Supervisor, and any individual who may
be designated, in writing, by the Village Board of Trustees and who
shall be, in any event, an official of the Village of Warwick shall
have the authority to monitor compliance and seek enforcement of the
provisions of this chapter and any rules and regulations promulgated
hereunder.
B.
The Village of Warwick Board of Trustees, Mayor, or DPW Supervisor
shall have the authority to promulgate rules and regulations regarding
the use of the parks or park facilities. A current copy of all such
rules and regulations shall be maintained on file in the Clerk's
office and on the Village's website.
C.
As set forth in Chapter 39, Assemblies, Public - Village-Owned Property, assemblies of persons in parks, park facilities, and/or Village-owned property where such assembly exceeds 200 people requires a facility use permit that is available in the Clerk's office and on the Village's website.
D.
All dogs must be leashed while in parks, park facilities, and/or
on Village-owned property.
E.
All persons are prohibited from doing any of the following in or
upon any park or any park facilities:
(1)
Entering, remaining upon, and/or using the parks and/or park facilities
at any other time other than as scheduled or made available for use
by the Village authority.
(2)
Failing to obey all signs, signals, speed limit signs and other directions
and instructions from the Village of Warwick or other lawful authorities
in or on park property and park facilities.
(3)
Carrying or having in possession while in any Village park any glass
containers, bottles, or breakable glass products.
(4)
Making or causing loud noise and/or music in or on park property
and park facilities in such manner as disturbs or interferes with
other users; or in any fashion impairing the ability of any person
to quietly enjoy and use the same.
(5)
Possessing and/or using explosives, fireworks, rockets, dangerous
chemical and/or devices or substances in or on the parks and park
facilities, unless specifically approved by the Village Board of Trustees.
(6)
Littering, dumping, disposing or otherwise placing household trash,
solid or liquid waste or debris in or on the park property or park
facilities except in appropriate receptacles provided therefor. No
person shall use park receptacles for household waste, construction
and demolition debris or waste, medical waste, radioactive waste,
chemical waste or other waste material which is generated or originated
anywhere except on or from the park's property.
(7)
Acting, behaving, and/or using language in a disorderly, disturbing,
indecent or obscene manner; or harassing, annoying, disturbing or
interfering with other persons using the parks and/or park facilities.
(8)
Possessing, using, selling or conveying to another person alcohol
or substances containing alcohol except as hereinafter provided; or
illegal chemicals, compounds or drugs; being in or upon or using the
parks or park facilities while intoxicated or under the influence
of alcohol or drugs or while abilities are impaired by same.
(9)
Smoking, tobacco use, cannabis use, electronic cigarettes and vapor
products shall be banned in all public parks, the sidewalks immediately
adjoining any parks, any pedestrian route though any park, public
parking lots and any other Village-sponsored outdoor gathering of
people, and all property within 24 feet of a public park except for
private property.
(10)
Carrying or possessing any kind of weapons in or on park property
or park facilities, including but not limited to firearms, bows, slingshots,
air or spring guns; or firing or discharging firearms or weapons on,
from, into or across park property and/or park facilities.
(11)
Secreting, storing, burying, abandoning, or otherwise emplacing privately
owned or abandoned materials, items or property in or upon park property
and/or park facilities.
(12)
Illegal activities of any kind are prohibited.
(13)
Taking upon or intentionally or negligently allowing upon park property
or park facilities any unleashed, unconfined, or otherwise uncontrolled
animal, or any animal under any circumstances which poses a danger
or threat to the health and safety of any person or to any person's
right and opportunity to quietly use and enjoy the parks or park facilities.
(14)
Parking any vehicle, trailer or other human or animal conveyance
or apparatus anywhere other than in designated parking areas, or contrary
to the instructions of lawful authority. Parking overnight in or on
any park parking facility or area is prohibited. Parking areas are
for use by vehicles or persons using the parks or other park facilities.
Parking areas shall not be used by persons not using the parks or
park facilities. Exceptions must be preauthorized by the Village Board
of the Village of Warwick.
(15)
Obstructing, impairing, burdening, damaging, altering or destroying
the parks, park facilities and property; disturbing, destroying, injuring,
damaging or removing any property within the parks, including, but
not limited to, vegetation, wildlife, signs, equipment or facilities
except as unavoidably impacted by normal minimal wear and tear resulting
from authorized use of the park or park facilities; erecting, displaying
or affixing unauthorized signs, placards, bills or notices for any
purpose whatsoever.
(16)
Selling, vending, or conducting or soliciting private business, commerce,
or commercial transactions or for-profit activities on park property
or park facilities or Village-owned land using same in pursuit thereof;
using or renting for private profit or charging a private fee for
the use of the parks or park facilities by any individual or group
or entity, corporate or otherwise, for any purpose whatsoever.
(17)
Starting or maintaining a fire or open flame; operating a portable
stove, grill or any other device for heating, cooking, or preparation
of food without a special permit issued by the Village.
A.
The use of alcohol is not permitted in any Village park or park facilities
without a special permit issued by the Village.
B.
To obtain permission to allow alcohol as part of an event, the following
conditions must be met:
(1)
Approval of alcohol will only be issued to a bona fide group, club
or business which has secured a special permit from the Village for
use of the park or park facilities for their event.
(2)
At the time of the request, applicants must submit a certificate
of liquor legal liability insurance coverage. The certificate must
name the Village of Warwick as an additional insured. Coverage must
be in the amount of $1,000,000 per occurrence/$2,000,000 aggregate.
All users of the Robert Newhard, Sr. Skate Park must adhere
to and be in compliance with all rules and regulations pertaining
to this chapter, including:
C.
All users of the Robert Newhard, Sr. Skate Park may not:
(1)
Ride, operate or use any device other than roller blades, skateboards,
scooters, or BMX bikes.
(2)
Ride or operate devices unless that person is wearing an approved
helmet and proper safety equipment, in good repair, at all times during
use.
(3)
Place or utilize additional obstacles or other materials (including
but not limited to ramps or jumps).
(4)
Ride, operate, or use roller blades or a skateboard before or after
the posted hours of operation.
(5)
Fail to obey any rule or regulation posted on or near the skate park.
Fifteen miles per hour is hereby established as the maximum
speed at which vehicles may proceed on or along roadways in Memorial
Park.
Any person who violates any of the sections of Chapter 90 shall, for a first violation thereof, be liable for a civil penalty of not less than $250 nor more than $400; for a second violation, both of which were committed within a period of 12 months, be liable for a civil penalty of not less than $500 nor more than $1,000; and for a third or subsequent violation, all of which were committed within a period of 12 months, be liable for a civil penalty of not less than $1,000 nor more than $2,000. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
