INTRODUCTORY LOCAL LAW NO. 7 OF 2024

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INTRODUCTORY LOCAL LAW No. 7 of 2024

TOWN OF GOSHEN

A LOCAL LAW AUTHORIZING THE JOINT RECREATION COMMISSION (“JRC”) TO ESTABLISH RULES AND REGULATIONS REGARDING TOWN PARKS

BE IT ENACTED by the Town Board of the Town of Goshen, Orange County, New York, as follows:

Section 1.        Purpose and Intent.

 

            The Town of Goshen has heretofore established a Joint Recreation Commission (“JRC”) to manage and operate parks located within the Town of Goshen.   The purpose of this local law is to authorize the JRC to promulgate rules and regulations as may be necessary to effectuate and implement the provisions of the Town Code relative to the operation, management and maintenance of Town Parks.

Section 2.        Chapter 32 (“Recreation Commission, Joint”).

 

            Section 32-2, entitled “Power and authority”, of the Code of the Town of Goshen is hereby amended to enact a new Subsection C as follows:

 

  1. The Joint Recreation Commission is hereby authorized to promulgate rules and regulations as may be necessary to effectuate and/or implement the provisions of this Chapter so as to provide for the health, safety, and welfare of all users of the parks and to regulate activities permitted in the parks through the implementation of time, place and manner restrictions regarding activities permitted in the parks.

 

 

A new Section 32-10, entitled “Park hours of operation”, is hereby enacted as follows:

 

  • 32-10. Park hours of operation.

 

  1. No person shall enter or remain in a public park in the Town of Goshen between sunset and sunrise the following day, except where a person is a spectator or participant in an event or activity under the direct supervision of or sponsored by the Joint Recreation Commission, or an event or activity expressly authorized and allowed in the park by the Joint Recreation Commission, when the hours of said event or activity extend beyond sunset. Any person found in a park after sundown, except in the circumstances described above, shall be in violation of this Section.

 

  1. For the safety of residents and park users, the Joint Recreation Commission may close, restrict or render unavailable for access or use parks of any portion or portions thereof and park facilities for such interval of time as may be deemed appropriate or necessary. Such closing may be accompanied by the posting of notices and/or signs to such effect upon the affected property and/or facilities, and otherwise may best give notice of same to the public.

 

A new Section 32-11, entitled “Commercial enterprises”, is hereby enacted as follows:

 

  • 32-11. Commercial enterprises.

 

No person, firm or corporation shall sell or offer for sale within the public parks any property, activity or privilege whatsoever unless authorized by the Joint Recreation Commission.  This requirement for prior authorization by the Joint Recreation Commission shall include photography sessions, athletic clubs or training, and all other commercial business.

 

 

Section 4.        Superseding Provision.

 

            To the extent that any State or local laws fail to provide specific authority for this Local Law or the procedures necessary for its adoption, or otherwise appear to be in conflict with this Local Law or the procedures followed for its adoption, then such laws are hereby superseded by this Local Law pursuant to New York Municipal Home Rule Law and the common law.

Section 5.        Severability.

            If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and the remaining provisions shall remain in full force and effect.

Section 6.        Effective Date.

            This law shall take effect upon the filing of this Local Law with the New York Secretary of State in the manner provided for in the Municipal Home Rule Law.