Chapter 200: PARKS AND RECREATION AREAS

Chapter 200: PARKS AND RECREATION AREAS

[HISTORY: Adopted by the Town Board of the Town of Ithaca 3-11-2002 by L.L. No. 4-2002. Amendments noted where applicable.]

GENERAL REFERENCES
Animals — See Ch. 112.
Noise — See Ch. 184.

§ 200-1. Construal of provisions.

This chapter amends and restates Local Law 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 chapter and the above referenced local laws, the terms of this chapter shall prevail.

§ 200-2. 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 a variety of park 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 chapter are established to govern the conduct of the public with respect thereto.

§ 200-3. General regulations.

A.	No persons shall use any Town of Ithaca park facilities or trail facilities during the period commencing 1/2 hour after sunset and ending 1/2 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.
B.	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.
C.	Any person having custody or control of a minor will be responsible for ensuring that such minor complies with the rules and regulations of this chapter.
D.	Minors under six years of age shall at all times be under the supervision and control of a parent, guardian, or responsible adult.
E.	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.
F.	Field games may be played and field game equipment may be used only in areas developed and designated as playing fields.
G.	Picnics are permitted only in designated picnic areas.

§ 200-4. Trail regulations.

The following rules shall apply to the use of Town trails:

A.	The trails shall be used only for bicycle traffic and pedestrian traffic either on foot or with snowshoes or with cross-country skis with cross-country type bindings, and for no other purposes except as otherwise specifically authorized by this chapter. For purposes of this chapter, "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, wheelchairs, including motorized wheelchairs, may be used by persons who suffer from a disability that requires the use of a wheel chair to move about.
B.	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.
C.	Both bicycle and pedestrian traffic shall keep to the right of the center of the trail and travel in a single file when passing oncoming traffic. Upon overtaking another bicycle or pedestrian, bicyclists shall signal and proceed to pass with due care. Pedestrians shall yield to bicycles.
D.	On those trails where horseback riding is permitted, horses shall travel in a single file and keep to the right of the center of the trail when passing oncoming traffic. Upon overtaking horses, bicyclists shall signal and proceed to pass with due care, minimizing the startling of the horses. Horses overtaking pedestrians shall be walked past any pedestrians. Bicyclists and pedestrians shall yield to horses. Horses shall be under control of the rider at all times.
E.	No bicycle should be used to carry more persons at one time than the number for which it is designated and equipped.
F.	Whenever a trail intersects a street, highway, walkway or other thoroughfare, traffic on the trail shall come to a complete halt before proceeding to cross said 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.

§ 200-5. Prohibited activities.

No person shall in a Town park, on a Town trail, or in or on any other Town recreational facility:

A.	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.
B.	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 chapter.
C.	Operate any motor vehicle including minibikes, trail bikes, and mopeds outside of designated parking areas and roadways; no person shall operate a snowmobile on Town park or trail property.
D.	Ride a bicycle or other wheeled device in a park facility except on a road, designated parking area, or a designated bikeway.
E.	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 of which is a spring, rubber, gas, or air, or any other dangerous force.
F.	Commit any act which may result in injury to any person or damage to real or personal property or create a hazardous condition.
G.	Engage in or encourage fighting or violent or threatening behavior.
H.	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.
I.	Engage in camping.
J.	Make or maintain a fire other than in cooking grills erected and maintained by the Town for cooking purposes, but if there is no such equipment available, a person may make a fire in a 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 the Town Parks Maintenance Manager may prohibit the making of a fire at any time.
K.	Throw away or discard any lighted match, cigar, cigarette, charcoal, or any other burning object.
L.	Distribute leaflets or other printed or written material.
M.	Advertise, promote, or conduct a commercial event or enterprise.
N.	Swim in Cayuga Lake at any park which has access to Cayuga Lake.
O.	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.

§ 200-6. Activities requiring permit.

The following activities may be engaged in only when undertaken pursuant to a written 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 chapter:

(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 the Town of Ithaca may, by resolution, permit that are not otherwise covered by this chapter.

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.

§ 200-7. Issuance of permit.

The permit referred to in § 200-6 shall be issued by the Town Clerk in accordance with the following:

A.	At least 48 hours in advance of the operation of the permit, such permit application should be 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. The Town Clerk may at the Town Clerk's discretion waive the requirement that the application be applied for 48 hours in advance.
B.	Permits shall be issued on a first-come-first-served basis except if there is a conflict with 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.
C.	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 or on account thereof shall, at the option of the Town Board of the Town of Ithaca, be forfeited to and retained by the Town.
D.	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 for a 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.
E.	The provisions of this section are not exclusive, but additional requirements may be reasonably added with respect to any specific application at the discretion of the Town Board of the Town of Ithaca or its designated agent.
F.	Notwithstanding the foregoing, arrangements for use of the Coddington Road play field are to be made through the Coddington Road Community Center. Town permit applications for 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 activity of 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 chapter or other Town local laws and ordinances.
G.	A permit may be denied by the Town Clerk to a group or organization that in the past failed to comply with the provisions of this chapter. Any denial may be appealed to the Town Board, provided the appeal is filed in writing with the Town Clerk no more than 30 days after the denial.

§ 200-8. Fees; security deposits; insurance; damages; other requirements.

The following fees are established for the purposes of utilizing the parks or trails of the Town of Ithaca pursuant to this chapter.

Fees. Activities reasonably expected to directly or indirectly involve the following number of persons and requiring a permit shall have the following fees:

(1)	Five to 49 persons: $5.
(2)	50 to 100 persons: $25.
(3)	101 or more: $50.

Security deposits:

(1)	Groups of 25 to 100 persons: a security deposit of $50 is required.
(2)	Groups of over 100 persons: a security deposit of $100 is required.
(3)	The security deposit shall be returned to the group after the event provided there has been no damage to, or littering of, any of the facilities utilized by the group.

Insurance:

(1)	Groups of 25 to 100 persons: special event coverage for events beyond general Town coverage with Town named as additional insured.
(2)	Groups of over 100 persons: special event coverage as in (1) plus $1,000,000 excess liability with the Town named as additional insured.

Damages. Any damages or littering cleanup costs not covered by a security deposit and/or insurance proceeds shall be payable by the group to the Town within 10 days of mailing to the person who signed the permit application of a statement of the damages and/or cleanup costs and the amounts remaining to be paid.

Other requirements:

(1)	In the case of events which are of more than two hours' duration, the permit applicant shall furnish at his own cost and expense portable toilet facilities sufficient for the size of the user group, where toilet facilities are not already available.
(2)	Written notification of cancellation of event shall be made no later than 48 hours prior to the event date to the Town Clerk's Office. If cancellation is timely made, a refund of the permit fee shall be issued within 30 days after the cancellation date.

§ 200-9. Variance.

The Town Board may, upon application and upon good cause shown, grant variances from the requirements of this chapter including authorization of events that would otherwise be prohibited herein. Good cause shall include, but not be limited to, circumstances where the benefit 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 chapter. 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 chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

§ 200-10. Penalties for offenses.

A.	Any violation of this chapter shall be deemed a "violation" as the same is defined in § 10 of the Penal Law of the State of New York.
B.	Anyone found guilty of a violation of this chapter may be fined up to $250 for such violation or sentenced to a term of imprisonment not to exceed 15 days.

§ 200-11. Enforcement.

A.	The Director of Building and Zoning of the Town of Ithaca, and such person's deputies, are hereby designated by the Town Board of the Town of Ithaca as agents for enforcing this chapter. Such agents are authorized to issue and serve appearance tickets for violations of this chapter as provided for by Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca, or any amendment thereof.
B.	This chapter may also he enforced by any police officer authorized to act within the Town of Ithaca, Tompkins County, New York.