Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 2-6-1989 by L.L. No. 5-1989 (Ch. 53 of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 42.
Outdoor burning — See Ch. 60.
[Amended 9-6-1993 by L.L. No. 4-1993; 1-20-2015 by L.L. No. 2-2015]
Under the authority of General Municipal Law § 241, the following are designated for use as parks, playgrounds and community centers:
A. 
Parks: Red Jacket Park, Indian Pines Park, Keuka Street Boat Launch Park, Lake Street Park, Mini Park on Main Street, Firemen's Field, Angler Boat Park, Elm Street Sports Complex and Keuka Outlet Trail.
B. 
Playgrounds: Hutton Street playground, men's slo-pitch field (Howard Street), Elm Street Sports Complex and the Boat Launch.
C. 
Hours: Park and playground hours shall be determined annually by the Board of Trustees and published, as well as posted, accordingly.
[Amended 1-20-2015 by L.L. No. 2-2015]
Alcoholic beverages are not permitted in any community center, playground or park, except under the following circumstances:
A. 
At Firemen's Field and Ball Parks, alcoholic beverages are permitted through prior approval by resolution of the Board of Trustees, subject to subsequent issuances of a permit.
B. 
At Red Jacket and Indian Pines Parks, alcoholic beverages are permitted, subject to a permit obtained from the Village Clerk at least one day prior to the event, and such permits may only be granted for family gatherings, company picnics or other events preapproved by the Recreation Committee.
A. 
Camping or campsites within Village parks, without prior approval by resolution of the Village Board of Trustees, is prohibited.
B. 
No fires are permitted on park or playground property except in designated areas and fireplaces.
No person shall have, possess, carry or consume any beverage in any container made in whole or in part of glass material in or upon any Village park or playground.
No person shall take, attempt to take or kill, injure or unnecessarily disturb any fish, waterfowl, birds or animals within the confines of any Village park, except that fishing may be allowed at the boat launching site and channel in areas designated for such activity by the Village Board of Trustees within the Village limits.
[Amended 1-20-2015 by L.L. No. 2-2015]
A. 
No person shall bathe, wade or swim within a Village park except at such areas as may be designated for that purpose by the Village.
B. 
Beach hours shall be determined by the Recreation and Facilities Director and posted accordingly.
C. 
No person shall appear nude in public or dress or undress, other than in facilities provided therefor; enter or remain in an area or facility in such attire as may be prohibited by any sign; or bathe in other than a bathing suit safe and suitable for such purpose.
D. 
The use of life rafts, surfboards, inner tubes and other objects intended to support persons is prohibited in park waters with the exception of United States Coast Guard approved life vests for swimming and children's swim aides used for instructional purposes under the direct supervision of a responsible adult in the water with the child.
E. 
Diving into park waters is prohibited except under supervised swimming programs authorized by the Village of Penn Yan.
F. 
Snorkels are prohibited with the exception of those used in accordance with programs of the Department of Parks and Recreation.
G. 
Animals, except for service animals, are prohibited in all swimming areas and beaches.
H. 
Bathing with soap is prohibited in park waters.
I. 
Smoking and the consumption of beverages or foodstuffs within park waters is prohibited,
J. 
Persons with open wounds, sores and skin infections are not permitted in park waters.
[Amended 1-20-2015 by L.L. No. 2-2015]
It shall be unlawful to operate, dock or anchor a marine vessel within park boundaries or designated swim areas except at the Village Boat Launch site. Marine vessels shall not be launched from Village property, except at the Village boat launch site. Exempted from this provision are the following which must be launched and used within an area designated by the Parks and Recreation Committee, which area shall not include designated swim areas.
A. 
Vessels used in accordance with authorized recreation programs.
B. 
Nonmotorized portable vessels that are transported on car tops, including only:
(1) 
Canoes.
(2) 
Kayaks.
(3) 
Sailboards.
(4) 
Inflatable rowboats.
(5) 
Paddleboards.
(6) 
Small one- or two- person rowboats.
(7) 
Small one- or two- person sailboats.
A. 
No person shall disturb the peace and good order in any park by fighting, quarreling or wrangling with loud voices or shouts, threatening by violence to the person or property of others or engaging in riotous clamor or tumult.
B. 
No person shall congregate with other persons in a park or playground and refuse to comply with a lawful order of the police or the parks and recreation personnel to disperse or leave the park.
C. 
No person shall have or carry any firearm, switchblade, hunting knife, slingshot, dagger, metal knuckles or other dangerous weapon concealed on or about his person while in any park or playground.
D. 
No person shall use obscene, profane or abusive language while in a park or playground.
E. 
No person shall loiter in or near park buildings.
[Amended 9-6-1993 by L.L. No. 4-1993]
All games of any description must be conducted in an orderly and safe manner, with no rough and boisterous practices allowed.
No person shall deface, disturb, destroy or remove any part of any park or playground, whether it is buildings, signs, equipment, shrubs, fences, trees or other material found within the park.
[Amended 9-6-1993 by L.L. No. 4-1993; 11-20-2006 by L.L. No. 3-2006; 1-9-2007 by L.L. No. 1-2007]
A. 
No person shall drive any automobile, motorcycle or other motorized vehicle upon any part of the parks or parkway, except for the proper drives and parking areas, or permit the same to stand upon any driveway, except vehicles of the Village of Penn Yan being used on official business. In no event shall any person operate a snowmobile or all-terrain vehicle within any park or playground, except that snowmobiles may be operated on the Outlet Trail and on the designated trail through the Elm Street Sports Complex. All such snowmobile operation must comply with regulations set forth in Subsection F of this section.
B. 
No person shall operate a vehicle along or over any road or drive within a park in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles so as to endanger the life, limb or property of any other person.
C. 
At Indian Pines Park and the boat launch site, the maximum speed limit on driveway and parking areas shall be 10 miles per hour.
D. 
At Red Jacket Park, the maximum speed limit in parking areas shall be 10 miles per hour, and no vehicle shall be parked with a trailer attached.
E. 
No horseback riding is allowed in parks except in parking lots.
F. 
Regulations for operation of snowmobiles upon the Outlet Trail and the Elm Street Sports Complex within the Village of Penn Yan:
(1) 
The maximum speed limit for snowmobiles shall be 15 miles per hour, unless otherwise posted at a lower speed limit or at times when a lower speed is necessary based upon conditions.
(2) 
Snowmobiles shall not be operated when there is inadequate snow cover or in the event snowmobile operation is prohibited by posting by the Village of Penn Yan.
(3) 
All persons operating snowmobiles shall comply with the rules, regulations and restrictions pertaining to snowmobile operation set out in §§ 25.03, 25.17, 25.19; 25.21; 25.24; 25.25; and 25.27 of the Parks, Recreation and Historical Preservation Law of the State of New York, or any amendments or successor laws thereto and such operation shall be subject to those rules, regulations and restrictions contained therein as if set out herein in detail.
(4) 
All snowmobiles shall be registered with the State of New York pursuant to Article 47 of the Vehicle and Traffic Law of the State of New York.
(5) 
No snowmobile may be operated between the hours of 11:00 p.m. and 6:00 a.m.
(6) 
All snowmobiles shall yield the right-of-way to any pedestrian walking or skiing on any bridge, crossing, or area where the width of the trail creates unreasonable risk to such pedestrian.
(7) 
Any snowmobile so operated shall be covered by a policy of insurance, in such language and form as shall be determined and established by the superintendent of insurance, issued by an insurance carrier authorized to do business in this state. Such policy shall provide coverage for any one person sustaining bodily injuries or the death of one person in any one accident in the amount of at least $10,000, and, subject to said limit of one person in the amount of at least $20,000 because of bodily injury to or death of two or more persons in any one accident, and in an amount of at least $5,000 because of injury to or destruction of property of others in any one accident for damage arising out of negligent operation of said snowmobile.
(8) 
Any snowmobile so operated shall be equipped with a muffler that shall limit the noise produced by such snowmobile to not more than 73 decibels as measured on the "A" scale at 50 feet.
(9) 
Operation of snowmobiles shall be limited to persons:
[Amended 1-20-2015 by L.L. No. 2-2015]
(a) 
Who are at least 10 years of age but less than 14 years of age and have received safety training as prescribed by the Commissioner of Parks, Recreation and Historic Preservation of the State of New York and have received the appropriate snowmobile safety certificate issued by said Commissioner, and are accompanied by a parent or legal guardian; or
(b) 
Who are 14 years of age but less than 18 years of age who have safety training as prescribed by said Commissioner of Parks, Recreation and Historical Preservation of the State of New York and have received the appropriate snowmobile safety certificate issued by said Commissioner, and are accompanied by a person 18 years of age or older; or
(c) 
Who are 18 years of age or older.
[Added 3-15-2011 by L.L. No. 8-2011; amended 1-20-2015 by L.L. No. 2-2015]
A. 
Definitions. The following words and phrases shall have the meanings indicated with respect to the provisions of this section:
BOARD OF TRUSTEES
The Board of Trustees of the Village of Penn Yan.
BOAT TRAILER
Any wheeled device not propelled by its own power for the transport of a boat or boats when attached to and drawn by a motor vehicle.
PARKED or PARKING
The standing of a boat trailer, whether occupied or not, otherwise than temporarily for the purpose of loading or unloading a boat at the boat launch.
VILLAGE CLERK
The Clerk of the Village of Penn Yan.
B. 
Parking regulations. No boat trailer shall be parked in or at the Keuka Street Boat Launch unless a permit has been obtained therefor from the Village of Penn Yan. Such permits are available as follows:
(1) 
Residents of and owners of real property in the Village of Penn Yan may obtain an annual parking permit from the Village Clerk during the regular office hours, free of charge, for any boat trailer registered in the resident's name at an address located within the geographic limits of the Village of Penn Yan. The parking permit shall be affixed to the boat trailer in a conspicuous location at all times that the boat trailer is parked at the Keuka Street Boat Launch.
(2) 
Nonresidents of the Village of Penn Yan may acquire parking permits as follows:
(a) 
An annual parking permit may be obtained from the Village Clerk by completion of the application therefor and the payment of the requisite fee for such annual permit. The parking permit shall be affixed to the boat trailer in a conspicuous location at all times that the boat trailer is parked at the Keuka Street Boat Launch.
(b) 
A daily parking permit may be obtained from the vending device located at the Keuka Street Boat Launch. Upon payment of the requisite fee, the parking permit shall be conspicuously displayed on the dashboard of the vehicle which towed the boat trailer to the Keuka Street Boat Launch.
C. 
Parking fees shall be established by resolution duly adopted by the Board of Trustees. Parking fees may be modified from time to time as determined by the Board of Trustees.
Any person who shall violate any of the provisions of this chapter or of any rules or regulations promulgated pursuant to this chapter shall be guilty of a violation and shall be punished by a fine of $100 and/or imprisonment for a period of 15 days. In addition, any person who shall violate any of the provisions of this chapter or any rules or regulations promulgated pursuant to this chapter shall be barred from the use of Village park and playground facilities for a period of 90 days.