[Adopted 7-6-1993 by L.L. No. 1-1993]
[Amended 4-16-2013 by L.L. No. 2-2013]
Smith's Clove Park is a park heretofore donated
and conveyed from Roscoe W. Smith and Ina A. Smith, his wife, to the
Village of Monroe by deed dated March 27, 1965, and recorded in Liber
1707 at page 406, and contains a general land area of 85.5 acres and
being located generally on South Main Street (now known as "Spring
Street") and Franklin Avenue and lands bordered by Forest Avenue,
Forest Road and Schunnemuck Road in both the Town and Village of Monroe.
A.
The Board of Trustees of the Village of Monroe has
heretofore created a commission known as the "Monroe Joint Park Recreation
Commission." Members of the Commission are appointed by the Village
Trustees of the Village of Monroe consistent with §§ 243
and 244 of the General Municipal Law of the State of New York. The
Commission shall have complete power and authority to administer the
rules and regulations of the park and to modify or amend said regulations
from time to time consistent with §§ 243 and 244 of
the General Municipal Law of the State of New York. Said Commission
shall have complete and final authority over the use of the park and
its facilities, including every activity conducted within its geographical
limits. Such authority shall include, but not be limited to, the issuance
of permits for all organized activities and review and approval of
certificates of insurance.
B.
If any part or provision of this article or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Village of Monroe hereby declares that it would have passed
this article or the remainder thereof had such invalid application
or invalid provision been apparent.
C.
All ordinances, local laws and parts thereof inconsistent
with this article are hereby repealed.
D.
This article shall take effect immediately upon filing
in the office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
As used in this article, the following terms
shall have the meanings indicated:
Any and all buildings, structures or improvements now existing
or hereinafter constructed within Smith's Clove Park, including, but
not limited to, playing fields, tennis courts, basketball courts,
racquetball courts, picnic areas, playgrounds, bleachers, pavilions,
concession stands and parking lots.
The Village of Monroe, Village of Harriman, Village of Kiryas
Joel and Town of Monroe.
Any person, firm, partnership, corporation, association or
legal entity or its legal representative, acting individually, jointly
or in a representative capacity.
Any person who resides within a municipal unit, which unit
annually contributes taxes, directly or indirectly to the operation
of the park, derived directly from taxes levied on the residence in
which he/she/it resides.
[Amended 4-16-2013 by L.L. No. 2-2013]
A duly incorporated municipal entity, such as the Village
of Monroe, Village of Harriman and Village of Kiryas Joel.
The Police Department of the Village of Monroe
shall see to the enforcement of all laws and regulations and rules
related to Smith's Clove Park.
[Amended 2-6-1996 by L.L. No. 2-1996]
A.
It shall be unlawful for any person to violate any
rule or regulation governing the conduct of Smith's Clove Park which
has been approved by the Park Commission.
B.
Any person convicted for an activity declared illegal by the laws of the State of New York or the Village, when such activity is engaged in within the confines of Smith's Clove Park, shall be deemed a violation of the provisions of this article, subjecting such person to the provisions of § 150-12, Penalties for offenses, Subsections B and C.
C.
Any person convicted for an activity declared illegal by the laws
of the State of New York or the Village, when such activity is engaged
in within the confines of Smith’s Clove Park, shall be deemed
a violation of the provisions of this article, subjecting such person
to review by the Park Commission to determine whether his/her park
photo ID should be revoked for a length of time to be determined by
the severity of their actions or if a penalty period should be invoked
prohibiting receiving an ID card in the future.
[Added 4-16-2013 by L.L. No. 2-2013]
[Amended 2-6-1996 by L.L. No. 2-1996; 7-6-1999 by L.L. No. 3-1999]
Every person violating any provisions of this
article shall forfeit and pay as a minimum penalty for such violation
the following sums:
[Amended 4-16-2013 by L.L. No. 2-2013]
A.
The regular hours of Smith's Clove Park are hereby
fixed at 7:00 a.m. until 11:00 p.m. in any one day.
B.
It shall be unlawful for any person or persons, other
than Village personnel or Park Commission personnel conducting Village
and/or Park Commission business, to occupy or be present in Smith's
Clove Park during any hours in which the park is not open to the public,
unless written permission has been previously obtained from the Park
Commission.
C.
Any section or part of Smith's Clove Park may be declared
closed to the public by the Park Commission at any time and for any
interval of time, either temporarily or at regular stated intervals.
[Added 4-16-2013 by L.L. No. 2-2013[1]]
A.
Children
under the age of 14 must be accompanied by an adult unless such child
or children are duly and regularly enrolled and actively participating
in regularly organized sports activities, programs, park activities
or summer recreation program commonly known as "YAC."
B.
The Park
Commission, may issue a photo identification card to qualified residents
as defined in this article, which card shall identify the recipient
and authorize the use of the park facilities. This authority shall
extend and permit the Park Commission to issue a guest policy which
would authorize the use of the park facilities by a guest, provided
that the guest is accompanied by a resident who also holds a valid
card. The Park Commission may from time to time revise the guest policy.
The issuing authority, i.e., the Park Commission, may, in addition,
issue temporary use passes to participants of events or programs that
have been duly authorized by the Park Commission. Such passes must
be available for display to park security personnel, park personnel
or the Village Police, as requested. The Park Commission may adopt,
amend and/or revise any part of the ID policy by Park Board resolution
at any time.
A.
No person shall injure, deface, disturb, befoul or
in any manner destroy or cause to be destroyed any part of the park
or any facility building, sign, structure, equipment, utility or other
property found therein.
B.
No person shall dig for, remove, injure, mark or destroy
any tree, shrub, plant or growing thing or any rock, mineral, artifact
or other material within the boundaries of the park.
No person shall deposit or abandon in or on
park property, driveway or parking lot any garbage, sewage, refuse,
ashes, trash, waste, grass clippings, branches or other obnoxious
material.
A.
No person shall kindle, build, maintain or in any
way use a fire, except in fireplaces provided or in self-supporting
barbecue grills or stoves in places designated as picnic areas or
by special permit issued by the Park Commission.
B.
Any fire shall be continuously under the care and
direction of a competent person 18 years of age or older from the
time it is kindled until it is extinguished, and no fire shall be
built within 10 feet of any tree or building or beneath the branches
of any tree or in any underbrush.
Alcoholic beverages and illegal drugs are prohibited
within the park.
A.
No domestic animal may be allowed to run at large
in the park except in the area known as the "Off Leash Dog Park."
All domestic animals in the park shall be restrained at all times
on adequate leashes not greater than six feet at length.
[Amended 4-16-2013 by L.L. No. 2-2013]
B.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on or commit any nuisance in the park.
C.
Horses, ponies, mules, donkeys or any other similar
animal may not be brought into the park premises in the absence of
express written authority duly executed by a member of the Park Commission.
D.
No person shall allow any dog in his custody or control to discharge
any fecal matter in any park unless he promptly removes and disposes
of same. This provision shall not apply to a guide dog accompanying
a person with a disability.
[Added 4-16-2013 by L.L. No. 2-2013]
No person shall have in his possession or control
any rifle, shotgun, pistol or other firearm, slingshot, pellet gun,
air rifle, fireworks, explosives, knife, bludgeon or other dangerous
weapons within the boundaries of the park, provided that this rule
shall not apply to any law enforcement officer who has been duly appointed
by the government of the United States, the State of New York, County
of Orange, Village of Monroe, Town of Monroe, or any other duly constituted
governmental entity.
A.
The maximum speed limit for all vehicles shall be
10 miles an hour, except where otherwise posted. Motor vehicles will
be driven only on designated roads or designated parking areas.
[Amended 4-16-2013 by L.L. No. 2-2013]
B.
No person shall operate or have in his possession
within the boundaries of the park any off-the-road motor-driven vehicles,
including, by way of example but not by way of limitation, any minibike,
motorcycle, dune mobile, snowmobile, converted snowmobile, all-terrain
vehicle, amphibious vehicle or similar motorized device.
C.
A person shall not park any motor vehicle in Smith’s
Clove Park except in areas designated by the Park Commission for parking,
and only during the hours of operation of such park.
[Amended 4-16-2013 by L.L. No. 2-2013]
D.
No person shall use any area of a park, including
designated parking areas, for the purpose of performing nonemergency
automotive work, including, but not limited to, vehicle maintenance,
repairs, or cleaning.
[Amended 4-16-2013 by L.L. No. 2-2013]
E.
The Park Commission, Village Police or park security
may limit vehicle access to the park during hours of operation when
the number of vehicles exceeds the number of lawful parking spaces
within Smith’s Clove Park.
[Amended 4-16-2013 by L.L. No. 2-2013[1]]
[1]
Editor’s Note: This local law also repealed former Subsection F, regarding permit fees, Subsection G, regarding display of parking permits, Subsection H, regarding replacement of permits, as amended, and Subsection I, regarding the duration of validity of permits, and redesignated former Subsections J through L as Subsections F through H, respectively.
F.
Parking spaces in designated lots may be marked to
indicate the proper direction and spacing of parked vehicles. All
persons parking in said spaces shall conform to such spacing and markings.
G.
No person shall park a motor vehicle in an area designated
for handicapped persons unless that person is so handicapped as provided
by § 404-a of Vehicle and Traffic Law of the State of New
York.
H.
Any vehicle parked or standing on Smith’s Clove
Park parking lot in violation of this article shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic. The Police
of the Village of Monroe or any member of the New York State Police
may cause any such vehicle to be removed, and owners shall be responsible
for the reasonable costs of removal and storage.
[Amended 4-16-2013 by L.L. No. 2-2013]
I.
Parking on the grass, landscaped islands, or any area not marked
for parking in part or whole is prohibited unless authorized by the
Park Commission, security or police for emergency only.
[Added 4-16-2013 by L.L. No. 2-2013]
[Amended 7-6-1999 by L.L. No. 3-1999]
No person shall, by way of example but not by
way of limitation, engage in athletic sports, games or contests; fly
kites; skateboard; operate toy planes or rockets, whether radio-controlled
or hand-operated; roller skate/blade, bicycle; ride; ice skate; or
sled, or other activities, in such a manner as may tend to anger or
annoy other persons.
A.
No field day, carnival, concert, address, rally, domestic
presentation or the like at which more than 15 persons are in attendance
(hereafter called "large group events") shall be held or conducted
in Smith's Clove Park unless a permit for such event has first been
granted by the Park Commission.
B.
Each applicant for a large group event permit agrees
that the applicant and all persons involved in the presentation of
the event will observe the terms and conditions of the permit when
issued and will comply with requests of the Park Commission and police
concerning traffic, arrangements, alcoholic beverages, noise, crowd-control
measures and the use of park facilities.
[Added 4-16-2013 by L.L. No. 2-2013]
C.
Permit fees shall be set and modified from time to time by resolution of the Park Commission. At the option of the Park Commission, nonresidents may be permitted temporary use of the park facilities, consistent with § 150-14 of this article. In the event that such election is exercised, then the Park Commission may impose charges and/or fees greater than those imposed upon residents or other organized groups. No permit will be issued until said fee is paid in full.
[Added 4-16-2013 by L.L. No. 2-2013]
A person shall not use Village-owned property
or streets within Smith's Clove Park for business or professional
purposes involving the same of any goods or the rendering of any service
for a fee or for the purpose of soliciting alms or contributions unless
authorized to do so by the Park Commission. Profit-making events are
strictly forbidden.
A person shall not post, distribute, cast or
leave about any bills, placards, tickets, handbills, circulars, advertisements
in any form or other matter for advertising purposes directly in or
in the immediate vicinity of Smith's Clove Park unless duly authorized
by the Park Commission.
Neither the Village of Monroe nor the Park Commission
will be responsible for loss, damage or theft of personal property
brought into Smith's Clove Park.
[Amended 7-6-1999 by L.L. No. 3-1999]
A.
In addition to any other method of enforcement, an
appearance ticket may be issued pursuant to the Criminal Procedure
Law for any violation hereof, and an answer to such appearance ticket
may be made by registered or certified mail, return receipt requested,
within five days of the violations as provided in lieu of personal
appearance on the return date at the time and court specified in said
appearance ticket.
B.
All persons issued such appearance tickets shall submit
themselves to the jurisdiction of the Justice Court of the Village
of Monroe, and disposition shall be made by that Court as required
by law. Upon receipt, such answer shall be entered and a new return
date established. Such person shall be notified by a return mail of
the date and place of such return date, and the security shall be
returned upon appearance thereat. If a person shall fail to appear
at the return date when such is provided for pursuant to this section,
the security posted to secure such appearance shall be forfeited,
and a summons or a warrant of arrest may be issued pursuant to the
Criminal Procedure Law.
[Amended 4-16-2013 by L.L. No. 2-2013]
C.
The form for answer by plea of guilty or not guilty
shall include a statement setting forth in substance the provisions
of this section of this article and the schedule of penalties that
can be imposed if a plea of guilty is entered. The form shall be approved
as to form and content by the Park Commission or the Board of Trustees
of the Village of Monroe.
Except otherwise provided herein, the park facilities
may be used only by residents of the Village of Monroe and the residents
of the Town of Monroe who live outside the incorporated limits of
the Villages of Harriman and the Village of Kiryas Joel.
[Added 4-16-2013 by L.L. No. 2-2013[1]]
A.
No person shall fail, neglect or refuse to comply with the lawful
direction or command of any police officer, park security, park employee
or park sign indicated by gesture or otherwise.
B.
No person shall fail to comply with or obey any instruction, direction,
regulation, warning, or prohibition, written or printed, displayed
or appearing on any park sign, except such sign may be disregarded
upon order by a police officer or designated Department employee.
[Added 4-16-2013 by L.L. No. 2-2013]
It shall be a violation of these rules to engage in disorderly
behavior in a park. A person in any park shall be guilty of disorderly
behavior who:
A.
Enters Smith's Clove Park by vehicle on any road indicated as
an exit or enters a roadway marked "one way only" and/or "do not enter";
B.
Enters or attempts to enter any facility, area or building sealed,
locked or otherwise restricted from public access;
C.
Climbs upon any wall, fence, shelter, tree, shrub, fountain or other
vegetation, or any structure not specifically intended for climbing
purposes;
D.
Interferes with, encumbers, obstructs or renders dangerous any part
of a park or park road; obstructs vehicular or pedestrian traffic;
E.
Engages in fighting or assaults any person;
F.
Engages in a course of conduct or commits acts that unreasonably
alarm or seriously annoy another person;
G.
Engages in any form of sexual activity; or
H.
Engages in a course of conduct or commits acts that endanger the
safety of others.
The Park Commission may grant an exception to any of the provisions
of this article upon receipt of a written request setting forth the
relief desired and the basis for the relief, upon a determination
by the Park Commission that to grant an exception would be in the
best interests of the Village. The Park Commission may establish adequate
conditions which will eliminate or reduce any expenses or adverse
effects.
Any person who knowingly enters or remains unlawfully
in or upon any Village park or recreation area maintained by the Park
Commission shall be guilty of trespass.
