[HISTORY: Adopted by the Town Board of the Town of Carmel 3-1-1989.
Amendments noted where applicable.]
The purpose of this chapter is to establish rules and regulations for
park districts in the Town of Carmel.
It is the intent and purpose of this chapter to protect the health,
safety and welfare of those engaged in recreational pursuits, as it applies
to the use of parklands in the park districts of the Town of Carmel.
B.
BATHING AREA
OWNER
PARK DISTRICT
PARKLANDS
PERMIT
POLICE OFFICER
The following terms, wherever used in this chapter, shall
have the respective meanings assigned to them unless another meaning clearly
appears from the context:
Any beach, shore or area designated as a "bathing area," including
the water area and lands underwater adjacent to said area and the docks and
structures therein.
Any person owning or having the use, possession or control of a vehicle,
animal or other property by lease or otherwise.
A park district duly formed by the Town of Carmel.
All of the parks, playgrounds, athletic fields, tennis courts, swimming
pools, beaches, boardwalks, piers, docks and other recreational areas, open
places, roadways, roads, paths, walks, waters and land underwater owned or
leased by the Town of Carmel within the geographic boundaries of a park district.
Any written authorization issued by the Town Clerk of the Town of
Carmel or other authorized individual for a specified privilege within a park
district.
Any member of the police force of the Town of Carmel or any constable,
sheriff or deputy sheriff assigned by the Town Board of the Town of Carmel
or other proper authority to duties in a park district.
Property owners in each park district, members of their immediate family
and their guests and invitees shall have access to and may enter upon and
use the parklands within their respective park district. However, at such
times when deemed necessary by the proper authorities, in the interests of
public safety, welfare or emergency, such access to said parklands and permission
to use said parklands may be revoked for any period of time necessary.
Use of all parklands shall be limited to the hours between sunrise and
sunset unless special permission is granted by the Town Board or said use
is for an activity sponsored by the Town.
All property owners, members of their immediate families and their guests
and invitees shall be required to provide proper and sufficient identification
proving they are authorized users of a park district's parklands when
requested by any authorized police officer, representative of the Town Board
or by any person assigned to such duty by the Town Board.
Where boating facilities are available in a park district, all boats
shall be registered in accordance with applicable New York State law and local
laws and ordinances of the Town of Carmel.
Use of all bathing areas in a park district should be prohibited except
when a lifeguard is on duty. When a lifeguard is on duty, use is permitted
only in accordance with the rules and regulations posted at the particular
bathing area.
The use of alcoholic beverages in and on parklands is prohibited unless
a permit for the use of the same has been granted by the Town Board.
Hunting and carrying of firearms on all parklands is prohibited, except
for the carrying of firearms by police officers of the State of New York.
No dogs shall be allowed at any time on the parklands. The owners of
or persons harboring such dogs or otherwise responsible for such dogs shall
be liable for violation of this provision of this chapter.
No picnics, outings or gatherings shall be permitted at any time upon
parklands except in designated picnic areas or by written permission of the
Town Board.
A.
Behavior which causes public inconvenience, annoyance
or results in restricting the enjoyment of such recreational facilities or
restricts the enjoyment of recreation activities is prohibited.
B.
The following is a list of such behavior:
(1)
Disobeying an order of a police officer or other supervisory
persons designated by the Town Board or disobeying the notices, prohibitions,
instructions, directions or rules and regulations on any park sign.
(2)
Using threatening, abusive or insulting language.
(3)
Doing any obscene or indecent act.
(4)
Throwing stones or other missiles.
(5)
Soliciting subscriptions or contributions for any purpose.
(6)
Interfering with, encumbering, obstructing or rendering
dangerous any drive, path, walk, dock, bathing area, boardwalk or public place.
(7)
Climbing or lying upon any wall, fence, shelter, seat,
statute, monument, boardwalk or other structure.
(8)
Entering or leaving any parklands except at established
entrances or exits or at established times.
(9)
Carrying or firing firecrackers, torpedoes or fireworks,
except by permit of the Town Board.
(10)
Engaging in, instigating, aiding or encouraging a contention
or fight.
(11)
Doing, aiding, abetting or assisting in doing any act
injurious to any person, animal or property within any parklands or on any
park street.
(12)
Dressing or undressing in autos, trucks, buses or other
conveyances anywhere in or on parklands except in such places as may be designated
or maintained by the park district for such purposes.
(13)
Intentionally destroying, cutting, breaking, defacing,
mutilating, injuring, disturbing, severing from the ground or removing any
growing thing, including but not limited to any plant, flower, flower bed,
shrub, tree, growth or any branch, stem, fruit or leaf thereof.
(14)
Leaving, throwing, casting, laying, dropping or discharging
any glass, plastic, metal or paper product in, on or about any parklands.
A.
The speed limit for all vehicles within the parklands
of a park district may be provided for by the Town Board and designated by
suitable signs on the roads and roadways in said district. All owners and
operators of motor vehicles and other vehicles shall comply with the Vehicle
and Traffic Law of the State of New York while operating any vehicle in or
on parklands, subject to any modifications of said law as provided for herein.
B.
Commercial vehicles shall not be allowed in or on said
parklands except as may be necessary for building or construction purposes
or for the rendering of some necessary and useful service. The Town Board
may designate and limit such roads and roadways as, in its discretion, may
be used for the operation of any commercial vehicle.
C.
Nothing in this section shall apply to vehicles and apparatus
of the Fire Department, Police Department or public service emergency vehicles
in case of fire or other emergency.
D.
No persons shall cause or permit any motor vehicle or
other vehicle unnecessarily to obstruct traffic on any road, street or roadway,
in or on any parklands or to stop or park in or on any parklands except at
such places as may be designated, except in case of emergency.
Any person found guilty of a violation of this chapter or any part thereof
or any rule or regulation made hereunder shall, upon conviction thereof, be
subject to a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
Any requirement or provision involving any act shall include the causing,
procuring, aiding or abetting directly or indirectly, of such act, or the
permission or allowance of any minor, in the custody of any adult,
to do any act prohibited herein.
