[HISTORY: Adopted by the Town Board of the Town of Marbletown at
time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
The purpose of this chapter is to protect the public health, safety
and welfare by providing for the regulation of the use of the Hurley-Marbletown
Rail Trail Linear Park and the Marbletown O&W Rail Trail Linear Park,
and the Town Park, located on Tongore Road and the Town Community Center on
Route 209, Town Hall on Route 209, Town Transfer Station and Recycling Center
on Canal Road in High Falls, and any other properties owned and
operated by the Town of Marbletown, hereinafter collectively referred to as
“Town properties.”
This chapter is enacted pursuant to the authority vested in the Town
of Marbletown by the Town Law, the Municipal Home Rule Law and other applicable
laws of the State of New York.
The following words and terms shall have the following meanings when
used in this chapter:
A weapon from which a projectile is fired by gun powder or other
explosive substance, or any other weapon.
Any mechanical conveyance or apparatus which is powered by a motor
or an engine and is designed or is or may be used for the transport of persons
and property.
The Town Board of the Town of Marbletown.
The Town Clerk of the Town of Marbletown.
Those properties owned and overseen by the Town of Marbletown Town
Board.
The Town Supervisor of the Town of Marbletown.
The Town Board shall oversee the operation of Town properties and in
doing so may from time to time or at any time, as it deems appropriate:
A.
Temporarily or permanently modify the hours of operation
of Town properties;
B.
Designate one or more parking areas or lots for users
of Town properties;
C.
By resolution duly adopted and filed in the Town Clerk's
office, add any other Town lands by any designation it shall choose, for the
purpose of regulating same under this chapter; and
D.
Make such other provision, rule or regulation which it
deems appropriate for the operation, scheduling or use of the Town properties,
including the temporary suspension, for a particular use or purpose, of any
provision of this chapter. Any such suspension shall be in writing and notice
thereof shall be given to the Town Clerk and, if appropriate, to local law
enforcement agencies in whose jurisdiction the Town property or any portion
thereof is located.
The Town Board shall cause to be conspicuously posted at all entrances
of Town properties the hours of operation, scheduling or use thereof (if less
than 24 hours per day and seven days per week) and the rules and regulations
governing the use of Town properties as set forth in this chapter and as adopted
by the Town Board from time to time pursuant hereto.
The following items, activities and actions are prohibited on Town properties:
A.
Fires (except in grills at the Town Park);
B.
The discharge of firearms;
(1)
No firearms shall be allowed in the Town Park (exception: law
enforcement officials).
C.
Hunting and trapping, but this provision shall not be
construed to prohibit any hunter or trapper from using the Linear Park for
access to or from other lands on which hunting or trapping may be allowed;
D.
Motorized vehicles, except those parked in or exiting
from designated parking areas and except for official emergency and maintenance
vehicles being lawfully operated at the location of operation for their intended
purpose;
E.
Camping;
F.
Littering;
G.
Uncontrolled animals; and
H.
Trespassing (any member of the public entering or remaining
on Town properties at any time when they are closed to public use without
written permission from the designated representative of the Town Board).
Unlicensed motorized vehicles shall not be allowed in the Town Park,
Linear Parks or on other Town properties.
A.
Any prosecution for an alleged violation of this chapter
shall be conducted in accordance with the requirements of the Criminal Procedure
Law of the State of New York for the prosecution of a violation as that term
is defined in the Penal Law of the State of New York.
B.
Any person convicted in a court of competent jurisdiction
of a violation of this chapter shall be subject to the penalties provided
in the Penal Law of the State of New York for commission of a violation as
said term is defined therein. In addition thereto, the Town Board or the judge
or justice of said court may bar the person so convicted from any use of the
Linear Park for any period of time not exceeding one year. The order barring
such person shall be in writing, shall contain the period of the bar and shall
become effective upon the personal service of a copy upon such person. Any
violation of such order shall constitute a separate violation of this chapter
and, if issued by a judge or justice, a contempt of court.
C.
Simultaneously or alternatively with any criminal prosecution,
the Town Board may maintain a civil action or proceeding in the name of the
Town in any court of competent jurisdiction to compel compliance with, or
to restrain any violation of, this chapter or for damages, or both.
This chapter shall not be deemed to adversely affect any existing private
rights-of-way or other easements, or any rights appurtenant thereto, on or
over any portion of any Town property.
