Loading...
LL 04 Amend Code to add Ch. 128 "Hours of use of Town Park Areas" STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRE TAR Y OF S rc rE August 26, 2013 Darleen M Dougher Town Clerk Town Office Bldg 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law 4 2013, filed on August 23, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 VVVM.00S.NY.GOV E-MAIL'1NF0Lla D0S.NY.GOV New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑County ❑City ®Town ❑Village (Select one.) of Queensbury Local Law No. 4 of the year 20 13 Alocaliaw Amend Queensbury Town Code By Adding a New Chapter (Insert Title) 128 Entitled, "Hours of Use Of Town Park Areas" Be it enacted by the Town Board of the (Name of Legislafive Body) ❑County ❑City [3Town ❑Village (Select one.) of Queensbury as follows: 1. PURPOSE AND AUTHORITY. Town Park and Recreation Areas suffer significant damage from vandalism and other activities conducted after dark and may provide a convenient location for the conduct of illegal activities at that time. The purpose of this Local Law is to limit the hours during which individuals may lawfully occupy Town Park and Recreation areas in order to decrease vandalism, vagrancy and other potentially illegal activities. It is adopted pursuant to New York Municipal Home Rule Law. 2. TOWN CODE AMENDMENT. The Queensbury Town Code is hereby amended to add the following new Chapter 128: CHAPTER 128. HOURS OF USE OF TOWN PARK AREAS Section 128-1. Applicability. This Local Law shall include, but not be limited to, the following existing recreation, park and playground areas as well as any such areas whether established now or in the future, which shall hereinafter be known as "Town Parks": (If additional space is needed, attach pages the same size as this sheet, and number each.) )05-0239-f-I (Rev.06/12) Page 2 of 4 Gurney Lane Recreation Area Jenkinsville Park Hovey Pond Park Freedom Park West End Park Glen Lake Boat Launch Site Hudson River Park Meadowbrook Preserve Hudson Pointe Preserve Feeder Canal Park The provisions of this Section shall also apply to any parking lot or parking area adjacent to a Town Park. Section 128-2. Town Park Hours. A. Hours of Use. Town Parks, as described in Section 128-1, shall be open to the public daily from dawn to dusk which, for the purposes of this Local Law, shall mean from the time of "apparent sunrise" to the time of "apparent sunset" as the same are shown for a particular date in the National Oceanic and Atmospheric Administration Solar Calculator (see http://www.esrl.noaa.gov/gmd/grad/solcalc/), unless special permission is granted by the Director of Parks and Recreation or the use is for an activity sponsored by the Town. It shall be unlawful for any person other than Town personnel conducting Town business therein to occupy or be present during any hours during which a Park is not open to the public. In addition, any section or part of a Town Park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. B. Special Permission. Special permission may be obtained from the Director of Parks and Recreation for use of a Town Park before or after the regular hours for specific activities. Whenever any group, association or organization wishes to use a specifically designated area of a Town Park for a particular purpose, such as a picnic, meeting, party or theatrical or entertainment performance, before or after regular Town Park hours, a representative of the group, association or organization shall first apply for and obtain written permission from the Director of Parks and Recreation. The Director of Parks and Recreation may adopt an application form, which may require an indemnity bond or other security to protect the Town from any liability of any kind and to protect Town property from damage. The Director of Parks and Recreation shall grant the permit if it appears that the group, association or organization meets all of the conditions contained in the application. Section 128-3. Enforcement; Penalties A. Authorizations. The Director of Parks and Recreation and police officers, recreation attendants, playground directors, park guards, park superintendent, park foremen and other persons designated by the Recreation Commission shall have the 2 authority to enforce the provisions of this Chapter. Such persons shall have the authority to: (i) cause the removal from the Town Park of any person acting in violation of this Chapter and (ii) seize and confiscate any article of property brought into a Town Park or used therein in violation of this Chapter and (iii) take such other actions as may be authorized by law. B. Fines; Violations by Minors. Any person violating any of the provisions of this chapter shall be guilty of a violation which shall be punishable, upon conviction thereof, by a fine of fifty dollars ($50) for the first violation, two hundred fifty dollars ($250) for the second violation and nine hundred fifty dollars ($950) for the third and any subsequent violation. In the event of default in payment of such fine, the violator shall be subject to imprisonment in the Warren County Jail for not more than ten (10) days. In the case of action or activity by any minor (herein defined as any person under the age of eighteen (18) years), the term "person violating" as set forth in this section shall mean, in addition to such person, the parent, parents or guardian or any other person having lawful custody and control of such minor. Such parent, guardian or person having lawful custody and control of such minor shall be considered separately and individually in violation of this chapter. C. Costs. Where such violator has removed, destroyed, damaged, defaced or befouled the Town Park or any contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. D. Additional Penalties. Further use of Town Parks may be denied to violators of this Chapter in addition to the imposition of fines and/or costs. 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 13 of the (C�y)(@*)(Town)(k lia -of Oueensbury was duly passed by the Town Board on August 19 20 13 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Co unty)(City)(Town)(Viliage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20m, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-I (Rev.06/12) Page 3 of 4 5. (City local jaw concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of.a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. Clerk of the county-aegislativs.body, City,.Town or b' e Clerk or officer designated by local legislative body (Seal) Date: DOS-0239-f-I (Rev.06/12) Page 4 of 4 LOCAL LAW NO. 4 OF 2013 A LOCAL LAW ESTABLISHING HOURS OF USE OF TOWN PARK AREAS BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: 1. PURPOSE AND AUTHORITY. Town Park and Recreation Areas suffer significant damage from vandalism and other activities conducted after dark and may provide a convenient location for the conduct of illegal activities at that time. The purpose of this Local Law is to limit the hours during which individuals may lawfully occupy Town Park and Recreation areas in order to decrease vandalism, vagrancy and other potentially illegal activities. It is adopted pursuant to New York Municipal Home Rule Law. 2. TOWN CODE AMENDMENT. The Queensbury Town Code is hereby amended to add the following new Chapter 128: CHAPTER 128. HOURS OF USE OF TOWN PARK AREAS Section 128-1. Applicability. This Local Law shall include, but not be limited to, the following existing recreation, park and playground areas as well as any such areas whether established now or in the future, which shall hereinafter be known as "Town Parks": Gurney Lane Recreation Area Jenkinsville Park Hovey Pond Park Freedom Park West End Park Glen Lake Boat Launch Site Hudson River Park Meadowbrook Preserve Hudson Pointe Preserve Feeder Canal Park The provisions of this Section shall also apply to any parking lot or parking area adjacent to a Town Park. Section 128-2. Town Park Hours. A. Hours of Use. Town Parks, as described in Section 128-1, shall be open to the public daily from dawn to dusk which, for the purposes of this Local Law, shall mean from the time of "apparent sunrise" to the time of "apparent sunset" as the same are shown for a particular date in the National Oceanic and Atmospheric Administration Solar Calculator (see http://www.esrl.noaa.gov/gmd/grad/solcalco, unless special permission is granted by the Director of Parks and Recreation or the use is for an activity sponsored by the Town. It shall be unlawful for any person other than Town personnel conducting Town business therein to occupy or be present during any hours during which a Park is not open to the public. In addition, any section or part of a Town Park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. B. Special Permission. Special permission may be obtained from the Director of Parks and Recreation for use of a Town Park before or after the regular hours for specific activities. Whenever any group, association or organization wishes to use a specifically designated area of a Town Park for a particular purpose, such as a picnic, meeting, party or theatrical or entertainment performance, before or after regular Town Park hours, a representative of the group, association or organization shall first apply for and obtain written permission from the Director of Parks and Recreation. The Director of Parks and Recreation may adopt an application form, which may require an indemnity bond or other security to protect the Town from any liability of any kind and to protect Town property from damage. The Director of Parks and Recreation shall grant the permit if it appears 2 that the group, association or organization meets all of the conditions contained in the application. Section 128-3. Enforcement; Penalties A. Authorizations. The Director of Parks and Recreation and police officers, recreation attendants, playground directors, park guards, park superintendent, park foremen and other persons designated by the Recreation Commission shall have the authority to enforce the provisions of this Chapter. Such persons shall have the authority to: (i) cause the removal from the Town Park of any person acting in violation of this Chapter and (ii) seize and confiscate any article of property brought into a Town Park or used therein in violation of this Chapter and (iii) take such other actions as may be authorized by law. B. Fines; Violations by Minors. Any person violating any of the provisions of this chapter shall be guilty of a violation which shall be punishable, upon conviction thereof, by a fine of fifty dollars ($50) for the first violation, two hundred fifty dollars ($250) for the second violation and nine hundred fifty dollars ($950) for the third and any subsequent violation. In the event of default in payment of such fine, the violator shall be subject to imprisonment in the Warren County Jail for not more than ten(10) days. In the case of action or activity by any minor (herein defined as any person under the age of eighteen (18) years), the term "person violating" as set forth in this section shall mean, in addition to such person, the parent, parents or guardian or any other person having lawful custody and control of such minor. Such parent, guardian or person having lawful custody and control of such minor shall be considered separately and individually in violation of this chapter. C. Costs. Where such violator has removed, destroyed, damaged, defaced or befouled the Town Park or any contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. 3 D. Additional Penalties. Further use of Town Parks may be denied to violators of this Chapter in addition to the imposition of fines and/or costs. 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. 4 RESOLUTION ENACTING LOCAL LAW NO.: 4 OF 2013 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 128 ENTITLED, "HOURS OF USE OF TOWN PARK AREAS" RESOLUTION NO.: 340,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board wishes to limit the hours during which individuals may lawfully occupy Town Park and Recreation Areas in order to decrease vandalism, vagrancy and other potentially illegal activities, and WHEREAS, the Town Board wishes to therefore consider adoption of Local Law No.: 4 of 2013 to amend the Queensbury Town Code by adding a new Chapter 128 entitled "Hours of Use of Town Park Areas"to provide such restrictions, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local Law on Monday,August 19'', 2013 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4 of 2013 to amend the Queensbury Town Code by adding a new Chapter 128 entitled "Hours of Use of Town Park Areas," and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 19th day of August, 2013,by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: Mr. Clements ABSENT: None