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Village of Monroe, NY
Orange County
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Table of Contents
Table of Contents
[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All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed.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:
FACILITIES
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.
MUNICIPAL UNIT
The Village of Monroe, Village of Harriman, Village of Kiryas Joel and Town of Monroe.
PERSON
Any person, firm, partnership, corporation, association or legal entity or its legal representative, acting individually, jointly or in a representative capacity.
RESIDENT
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]
VILLAGE
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:
A. 
For the first offense: $50.
B. 
For the second offense within a period of six months: $150.
C. 
For a third offense a minimum fine of $150 and a maximum penalty of suspension and/or revocation of the permit.
[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.
[1]
Editor’s Note: This local law also redesignated former §§ 150-14 through 150-25 as §§ 150-15 through 150-26, respectively, and redesignated former § 150-26 as § 150-31.
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.
[1]
Editor's Note: This local law also redesignated former § 150-29 as § 150-32.
[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.
[1]
Editor's Note: This section was formerly designated § 150-26, but was redesignated as § 150-31 on 4-16-2013 by L.L. No. 2-2013.
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.