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