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HomeMy WebLinkAboutLL 04 of 2002 Use of Town Parks & Rec Facilities.pdfTOWN OF ITHACA LOCAL LAW NO.4 OF THE YEAR 2002 A LOCAL LAW AMENDING,RESTATING AND REGULATING THE USE OF TOWN PARKS,TRAILS,AND OTHER RECREATIONAL PUBLIC USE FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1:History and Resolution of Inconsistencies This local law amends and restates Local Laws No.1 for the Year 1980 and No.1 for the Year 1982 as the same may have been amended from time to time. To the extent there is any inconsistency between the terms of this local law and the above referenced local laws, the terms of this local law shall prevail. Section 2:Intent The Town of Ithaca, in order to provide for balanced Town development and to safeguard and promote the general health and welfare of the community,has established avariety ofpark areas, trails and facilities.Such park areas, trails and facilities vary greatly in size,development,and appropriateness of various activities.To enhance and promote the safety and enjoyment of each individual in the use of Town of Ithaca parks,trails, and facilities,and to assure each individual equal opportunity in the use and enjoyment of such facilities,the rules and regulations of this local law are established to govern the conduct of the public with respect thereto. Section 3:General Regulations 1)No persons shall use any Town of Ithaca park facilities or trail facilities during the period commencing one-half hour after sunset and ending one-half hour prior to sunrise. Notwithstanding the foregoing,the Town Board, the Town Highway Superintendent,or the Town Parks Maintenance Manager may prohibit use of any park or trail facility at any time, or close a park or trail at any time, for purposes of repairs,or for safety during certain seasons of the year, or at any other time when reasonably necessary for the safety of the public, the users, or the community.Notices of closing at hours other than the normally closed hours,except in an emergency,shall be posted conspicuously on or about the park or trail facility. 2) All users of the park and trails will behave in a reasonable and responsible manner at all times and will take due account of the presence of other persons using the facilities. 'J'own Parks •Ajiicni/ia/f -2()()I.Jt li 1/h;iI Lws A*()nlin:in<vs:11 IftO:Huh..\Junh 'Jl. 3) Any person having custody or control of a minor will be responsible for ensuringthat such minor complies with the rules and regulations of this law. 4)Minors under six (6) years of age shall at all times be under the supervision and control of a parent, guardian, or responsible adult. 5)Domesticated household pets are allowed on Town of Ithaca parks or trails provided that the pet shall at all times be caged or restrained by a leash or other device. Animals shall at all times be under the supervision and control of the owner or person having custody of the animal.Owners shall use their best efforts to prevent animals from defecating or urinating on Town park facilities or trails, and shall clean up any feces or other bodily materials emanating from such animal. 6) Field games may be played and field game equipment may be used only in areasdeveloped and designated as playing fields. 7)Picnics are permitted only in designated picnic areas. Section 4:Regulations Applying Particularlv To Trails The following rules shall apply to the use of Town trails: 1) The trails shall be used only for bicycle traffic and pedestrian traffic either on foot or with snow shoes or with cross-country skis with cross-counti^type bindings,and for no other purposes exceptasotherwise specifically authorizedby this local law. For purposesof this local law,bicycles shall be defined as every devise propelled by the feet acting upon pedals and having wheels any two of which are more than 14 inches in diameter. Specifically excluded from the definition of bicycles shall be any device which is (or may be)motorized notwithstanding the fact that it may also be propelled by feet acting upon pedals. Notwithstanding the foregoing,wheel chairs,including motorized wheel chairs, maybe used by persons whosufferfromadisability that requirestheuseof awheel chair tomoveabout. 2) The trails shall be used only for continuous travel and passage.Without limiting the foregoing, the following acts are prohibited on the trails: loitering, picnicking, littering,or otherwise depositing or dropping objects on the trail, the tossing of balls or other objects, playing games or other recreational use. 3) Both bicycle and pedestrian traffic shall keep to the right of the center of the trail and travel in a single file when passing on-coming traffic. Upon overtaking another bicycle or pedestrian,bicyclistsshallsignal andproceedtopasswithdue care. Pedestriansshallyield to bicycles. 4) On those trails where horseback riding is permitted, horses shall travel in a single file and keep to theright of the center of thetrail whenpassingon-coming traffic. Uponovertaking horses,bicyclists shall signal and proceed to passwithduecare, minimizing thestartlingof the horses. Horses overtaking pedestrians shall be walked pass any pedestrians.Bicyclists lomt I'urks •Aniciidiiijf-2(H)l.JCIi Iili;i<;iIahuIhmsH (Mhumccs:Wl'fiO;Hu!:.M;ut h 2!,2002tH:2HA.M and pedestrians shall yield to horses.Horses shall be under control of the rider at all limes. 5) No bicycle should be used to carry more persons at one time than the number for which it is designated and equipped. 6)Whenever a trail intersects a street, highway, walkway orother thoroughfare, traffic on the trailshall come toacompletehaltbeforeproceedingtocrosssaid thoroughfares. Bicyclists and pedestrians shall observe all other applicable state and local laws, rules and regulations relating to the crossing of any thoroughfare and the use thereof. Section 5:Prohibited Activities No person shall in a Town park, on a Town trail,or in or on any other Town recreational facility: 1)Cause any rubbish,garbage, refuse,organic or inorganic waste, or other offensive matter or any abandoned property or material to be left in or on any such Town park or trail facility. 2)Make an excavation or injure,destroy,deface,remove,fill in,tamper with,or cut any real or personal property, tree or other plant life, or otherwise alter in any way the condition and appearance of any park or trail property, real or personal, except for the picking of edible berries and except as may be otherwise allowed by this law. 3) Operate any motor vehicle including minibikes, trailbikes,and mopeds outside ofdesignated parking areas and road ways; no person shall operate a snowmobile on Town park or trail property. 4) Ride a bicycle or other wheeled device in a park facility except on a road,designated parking area, or a designated bikeway. 5)Introduce,possess, discharge or use rifles, guns, revolvers, or other firearms or weapons, fireworks,explosives,traps,archery equipment,or any other dangerous instrument,or any instrument,weapon, or ammunition the propelling force ofwhich isaspring, rubber, gas, or air, or any other dangerous force. 6)Commit any act which may result in injury to any person or damage to real or personal property or create a hazardous condition. 7) Engage in or encourage fighting or violent or threatening behavior. 8) Make any unreasonable noise, including the making of unreasonable noise with the use of any device capable of amplifying sound such as musical instruments, radios, tape cassette players, loud speakers, CD players, and public address systems. 9)Engage in camping. ]*;uks -'JOOl.JCH hliitai Iah~.iIhnvs^(M/iu.inrcs:11'J'tS'O;Mmrh 21.2002H:2H.\M 10)Make or maintain a fire other thanin cooking grillserectedandmaintained bytheTownfor '^cooking purposes, but ifthere is nosuchequipment available,a person may makeafireina grill or fire containment equipment made of metal but only in picnic areas, with all such fires to be completely extinguished after use. Notwithstanding the foregoing, the Town Highway Superintendent or theTownParks MaintenanceManager mayprohibitthemaking of a fire at any time. 11)Throw away or discard any lighted match, cigar, cigarette,charcoal,or any other burning object. 12)Distribute leaflets or other printed or written material. 13)Advertise,promote,or conduct a commercial event or enterprise. 14)Swim in Cayuga Lake at any park which has access to Cayuga Lake. 15)Ride horses in any park or on any trail except the South Hill Recreation Way and the Game Farm section (from Maple Avenue to Game Farm Road) of the East Ithaca Recreation Way. Section 6:Activities Requiring a Permit The following activities may be engaged in only when undertaken pursuant to a written V permit issued by the Town Board of the Town of Ithaca or its designated agent, and in accordance with the terms thereof and any other conditions contained in this Law: 1)The conducting of a picnic or other event by a group or organization in excess of 50 persons. 2) Any event by a group of more than five people at which alcoholic beverages are being possessed or consumed. 3) Other special events which the Town Board of theTown ofIthacamay,by resolution,permit that are not otherwise covered by this local law. Notwithstanding the foregoing,no permit shall be required if the event is sponsored by an organization providing recreational services for the benefit of the Town of Ithaca pursuant to a contract with the Town or its authorized representative. Section 7:Permit Issuance The permit referred to inSection 6 shall be issued by theTown Clerk in accordance with the following: 1)At least 48 hours in advance of the operation of the permit, suchpermitapplication shouldbe filed with the Town Clerk of the Town of Ithaca between the hours of 8:30 a.m.and 4:00 p.m.on Mondays through Fridays, except legal holidays. TheTown Clerk mayat theTown I'lmii I'luks •AniviKlitifi-2001.JCJi hluiat hx-tl hitvs tK'Onluhvuxv;WJ'S'O:Huh.M:irrh 21.2002ii:2H:\M Clerk's discretion waive the requirement that the application be applied for 48 hours in !\advance. 2) Permits shall be issued on a first come-first served basis except if there is a conflictwith an event of an organization contracting with or on behalf of the Town for the provision of recreational services,in which situation the event by the contracting organization shall take precedence. 3) Any permit may be revoked for good cause shown or as the Town Board of the Town of Ithaca or its designated agent in the reasonable exercise of its discretion may determine, which action shall be final. In the case of such revocation,all monies paid for oron account thereof shall, at the option of the Town Board of the Town of Ithaca, be forfeited to and retained by the Town. 4)Neither the forfeiture and retention of any such money by the Town nor the recovery or collection of any damages or both shall preclude the prosecution of any person fora violation of a rule or regulation of the Town of Ithaca or the violation of any other local or state law, ordinance,rule or regulation. 5) The provisions of this section are not exclusive, but additional requirements may be reasonably added with respect toany specific application atthediscretionoftheTownBoard of the Town of Ithaca or its designated agent. 6)Notwithstanding the foregoing,arrangements for use of the Coddington Road play field are tobe made through the Coddington Road Community Center. Town permit applicationsfor use of this play field shall be obtained from the Center and the Center shall indicate by signature of its designated agent on the permit application if such use is an activityof the Center. Use of the play field which is sponsored by the Center shall be exempt from the fee and security deposit requirements described in this local law or other Town local law and Ordinances. 7) A permitmaybedeniedbytheTownClerktoagroupor organization thatin thepastfailed to comply with the provisions of this local law. Any denial may be appealed to the Town Board, provided the appealis filed inwriting with theTownClerk nomorethan thirtydays after the denial. Section 8:Fees.Securitv Deposits.Insurance.Damages,and Other Requirements The following fees are established for the purposes of utilizingtheparksortrailsof theTown of Ithaca pursuant to this local law. Fees: Activities reasonably expected to directly or indirectly involve the following number of personsand requiring a permitshallhavethe following fees: lo\rn J*;irks •Amciidinff-2(H)l.JCIi hlmat IjhiiI Ijm s {i ()n/iii;iii(xv:11 '/'SO;M.vrh 21.2(M2H:2H:\M '5-49 persons $ 5.00 50-100 persons $ 25.00 101 or more $50.00 Security Deposits: 1)Groups of25to 100 persons - a security depositof $50is required. 2) Groupsofover 100 persons- a securitydepositof$100is required. 3) Thesecuritydepositshallbereturnedtothegroupaftertheeventprovidedtherehasbeenno damageto,orlitteringof, any of the facilities utilized bythegroup. Insurance: 1)Groups of 25 to 100 persons -special event coverage for events beyond general Town coverage withTown named as additional insured. 2)Groups of over 100 persons -special event coverage asin 1)plus$1,000,000 excess liability with the Town named as additional insured. Damages: Any damages or littering clean-up costs not covered bya security deposit and/or insurance proceeds shall be payable by the group tothe Town within 10 days of mailing to the person who signed the permit application ofa statement of the damages and/or clean-up costs and the amounts remaining to be paid. Other Requirements: 4) Inthe case of events which areof more than two hours duration,the permit applicant shall furnish athisowncostandexpenseportabletoilet facilities sufficientforthesizeoftheuser group,where toilet facilities are not already available. 5)Written notification of cancellation of event shall be made no later than 48 hours prior tothe event date totheTown Clerk's Office. Ifcancellation is timely made, a refund of the permit fee shall be issued within 30 days after the cancellation date. Section 9:Variance TheTown Board may,upon application and upon goodcauseshown,grant variances from the requirements of this local law including authorization of events that would otherwise be prohibited herein.Good cause shall include,but not be limited to,circumstances where the benefit Parks •Awcudma•2(H)I.JCIi hhaai Ijaa!IM\rs ti On/iuat/ivs;WPSO:Hal:. March 21.20022:2K\M to the Town for the proposed event or variance outweighs the detriment to the community and applicant that would result from the strict enforcement of the terms of this local law. In granting such variance,the Town Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the park or trail. Such conditions shall be consistent with the spirit and intent of this local law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. Section 10:Penalties Any violation of this local law shall be deemed a "violation"as the same is defined in Section 10 of the Penal Law of the State of New York. Anyone found guilty of a violation of this local law may be fined up to $250.00 for such violation or sentenced to a term of imprisonment not to exceed fifteen days. Section 11:Validitv If any part, section,subdivision,paragraph or provision of this local law shall bedetermined to be invalid,such determination shall apply to the particular part,section,subdivision,paragraph or provision, and all other provisions of this local law shall remain valid and in effect. Section 12:Enforcement The Director of Building and Zoning of the Town of Ithaca, and such person's deputies, are hereby designated bythe Town Board of the Town of Ithaca as agents for enforcing this law. Such agents are authorized to issue and serve appearance tickets for violations of this law asprovided for by Town of Ithaca Local Law No. 1-1979,or any amendment thereof. This local law may also be enforced by any police officer authorized to act within the Town of Ithaca,Tompkins County,New York. Section 13:Effective Date This local law shall take effect immediately.