City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon 11-13-1957 as Ch. 29 of the General Ordinances, approved 11-15-1957. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 116.
Minibikes — See Ch. 165.
Municipal fields — See Ch. 170.
Noise — See Ch. 178.
Peace and good order — See Ch. 191.
Unless otherwise expressly stated, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Public Works having jurisdiction of the parks or street parks, as hereinafter defined.
PARK
Any park, square, circle or part thereof under the jurisdiction of the Department of Public Works.
PERMIT
A written authorization for the exercise of a specified park privilege, issued by the Commissioner.
PLAYGROUND
Any park, square, circle or part thereof, play area, or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility under the jurisdiction of the Department of Recreation.
[Added 6-26-1981, approved 6-26-1981; amended 9-9-2009, approved 9-10-2009]
STREET PARK
Any trails, or planted area of any boulevard, avenue or street under the jurisdiction of the Department of Public Works.
[Amended 8-10-2011, approved 8-11-2011]
SMOKE or SMOKING
The carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.
[Added 9-9-2009, approved 9-10-2009]
TOT LOT
Any designated play area within a public park for the use by young children under the age of 12.
[Added 9-9-2009, approved 9-10-2009]
No person shall open, expose or interfere with any water or gas pipe, hydrant, stopcock, sewer, basin or other construction within or upon any park or street park, nor make any connection therewith, except under the authority of a permit and upon the deposit of such sum of money as may be required by the Commissioner to ensure the restoration of the soil, plants, trees, sidewalks, curb, gutter and flagging disturbed in the making of such connection.
No person shall modify, alter or in any manner interfere with the line or grades of any park or street park, nor move or disturb any curb, gutter stone, flagging, tree, railing, fence, sod, soil or gravel thereof, except by direction of the Commissioner.
No person shall cut, break or injure any tree, shrub, grass, post, railing, chain, lamp, lamppost, bench, tree guard, building, structure or other property in or upon any park property. No building or structure of any kind shall be removed wholly or partly without a permit.
No person, unless issued a special permit, shall enter upon any lawn or grassplot in any park where signs specifying KEEP OFF THE GRASS have been posted by the Commissioner of Public Works.
A. 
Bringing trees, plants and flowers into parks. No person shall take into or carry within a park any tree, shrub, plant or flower or newly plucked part thereof without a permit. No park trees or branches thereof shall be cut or removed without a permit. Picking of cultivated or wild flowers in any park is also prohibited.
B. 
Tools. It shall be unlawful to take into any park any tool such as a hatchet, axe or saw intended to be used for the cutting of trees, branches of trees or other property, or any spade, shovel, rake or any of the so-called garden or agricultural implements or tools, whether of working or toy size.
No person or agent of any person shall attach any electric, telephone, aerial or other wires to any tree, or adjust to carry same into or over any park or playground, or construct any conduit whatever for the running of wires beneath the ground, except when a permit shall have been issued.
No person shall use roller skates, pushmobiles or any similar device upon any sidewalk or footpath in any park, park building or City Hall Plaza.
No person shall throw or lay, or direct or permit any employee or person in his charge to throw or lay, any ashes, vegetables, garbage, shells, shavings, paper, dirt or rubbish of any kind on any lawn, path or walk within any park or street park.
No parade, drill or maneuver of any kind shall be conducted, nor shall any person play upon a musical instrument or display any flag other than an American flag, banner, target, sign, placard or transparency, in any park, nor shall any civic or other procession form or move therein, without a permit, to be granted by the City Council.
No persons shall hold any meeting or make a speech or address or erect any structure, stand or platform in any park or street park without a permit, to be granted by the City Council.
No person shall exhibit, sell or offer for sale any merchandise or tickets of any description or conduct any business whatsoever in any park or public place under the jurisdiction of the Department of Public Works except pursuant to a permit, to be granted by the City Council.
No person shall post any bill, notice or other paper or paint any advertisement or notice upon any structure, tree, rock or thing within any park or any street park. No person shall distribute or cast about any card, pamphlet or other printed matter within any park or street park. The using for any purpose other than reading, of newspapers, magazines or other papers is forbidden. Papers shall not be placed upon lawns or benches of any parks or street park but must be deposited in receptacles provided for that purpose.
No person shall throw, cast, catch, kick or strike with any implement any baseball, golf ball, football, basketball or other object in or upon any park or street park except in spaces set aside for the purpose.
No animals shall be allowed to go at large in any park or street park. Dogs that are restrained by a chain or leash not exceeding six feet in length may be permitted in any park or street park.
A. 
No person shall, in any park or street park, commit any nuisance or do any act tending to a breach of the public peace, or climb upon any wall, fence, seat, statute or other structure, or enter or leave except at the established entranceways.
B. 
All persons doing any acts injurious to a park or part thereof may be removed therefrom by the park keeper or the police.
C. 
Closing hours.
[Amended 9-3-1969, approved 9-4-1969; 6-26-1981, approved 6-26-1981; 11-22-1983, approved 11-23-1983]
(1) 
During the months of May through October, it shall be unlawful to loiter or remain in any park between the hours of 10:00 p.m. and 8:00 a.m. without the prior permission of the Commissioner of Public Works. It shall be unlawful to loiter or remain in any playground between the hours of 10:00 p.m. and 8:00 a.m. without the prior special permission of the Commissioner of Recreation.
(2) 
During the months of November through April, it shall be unlawful to loiter or remain in any park between the hours of 8:00 p.m. and 8:00 a.m. without the prior permission of the Commissioner of Public Works. It shall be unlawful to loiter or remain in any playground between the hours of 8:00 p.m. and 8:00 a.m. without the prior special permission of the Commissioner of Recreation.
(3) 
Securing of entranceways.
(a) 
The Commissioner of Public Works is hereby authorized and directed to install at each park entranceway a chain or gate which may be secured during the hours that said park shall be closed and to post at each said entranceway a sign stating clearly and legibly:
PARK CLOSED DURING FOLLOWING HOURS:
10:00 p.m. — 8:00 a.m., May through October
8:00 p.m. — 8:00 a.m., November through April
(b) 
The Commissioner of Recreation is hereby authorized and directed to install at each playground entranceway a chain or gate which may be secured during the hours that said playground shall be closed and to post at each said entranceway a sign stating clearly and legibly:
PLAYGROUND CLOSED DURING FOLLOWING HOURS:
10:00 p.m. — 8:00 a.m., May through October
8:00 p.m. — 8:00 a.m., November through April
[Added 9-9-2009, approved 9-10-2009]
A. 
The following playgrounds are hereby designated as tot lots:
(1) 
Grove Street Playground;
(2) 
Lorraine Avenue Playground (Lorraine Avenue and Claremont Place);
(3) 
Sophie J. Mee Playground (South 3rd Avenue and 4th Street);
(4) 
Old 7th Avenue Playground (7th Avenue between 2nd and 4th Street);
(5) 
Purdy Park (South 9th Avenue and 2nd Street).
B. 
No person 18 years or older shall remain in or enter a children's playground area designated as a tot lot unless actually engaged in the care, custody or supervision of a person younger than 12 years of age who is using the facilities in the area.
[Added 9-9-2009, approved 9-10-2009]
A. 
No person shall smoke a cigarette, cigar, or other tobacco-related product within 25 feet of any playground, park, street park, or tot lot area.
[Amended 8-10-2011, approved 8-11-2011]
B. 
No person shall dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground, park, street park, or a tot lot area.
[Amended 8-10-2011, approved 8-11-2011]
C. 
No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.
D. 
Any person who violates this section is guilty of an infraction and shall be punished by a fine of $250 for each violation of this section.
E. 
The prohibitions contained in Subsections A, B, and C shall not apply to a public sidewalk located within 25 feet of a playground or tot lot sandbox area.