ORDINANCE REGULATING CONDUCT IN TOWN
RECREATION AREAS
The Board of Selectmen of the Town of Grand Isle hereby ordain:
The purpose of this Ordinance is to insure all citizens of Grand Isle that the recreation areas will be clean, safe and enjoyable for all people.
1. GENERAL PROVISIONS
a) The term “recreation area” as used herein is defined to include all recreation facilities and recreational lands which the Town of Grand Isle holds a legal interest for open space and recreation use whether such lands are developed or undeveloped. “Recreation area” includes, but is not limited to; beaches, public parks, playgrounds, open spaces, conservation areas, trails, and pathways.
b) Town recreation areas will be operated, maintained and supervised by the Grand Isle Recreation Department and the Grand Isle Selectboard
c) Visitors use Grand Isle Recreation Areas at their own risk. The Town is not responsible for theft, personal injury, property damage, or any other loss.
2. CONDUCT
a) It is unlawful to deface, remove or destroy any vegetation, equipment or facilities located on recreation area property. No person shall disturb the peace, endanger public safety, use obscene or profane language or prevent the use of the beach by others
b) All public assemblies are subject to issuance of permit by Recreation Department Chairperson or designee.
c) Consumption of alcoholic beverages is prohibited in Town Recreation Areas.
d) The use or discharge of firearms, air rifles, gas weapons, slingshots, bows and arrows, firecrackers and explosives is strictly prohibited in Town Recreation Areas.
e) Fireworks are permitted by permit to be obtained from the Recreation Department Chairperson and approved by the Chief of the Fire Department. Permits must be in writing at least 15 days prior to date of display.
3. CAMPING
a) Over night camping is prohibited in all Town Recreation Areas.
4. FIRES
a) Open fires are not permitted on Marycrest Beach or in the Marycrest Beach Parking Area. Fires in other areas are permitted only in outdoor fireplaces or grills provided by the Town in designated picnic areas.
b) Portable stoves and grills may be used on Marycrest Beach and in other Recreation areas. Use in other areas is restricted to designated areas where such grills will be placed upon grills or fireplaces provided by the Town.
c) Fires must not be left unattended.
5. : REFUSE
a) Refuse, rubbish, garbage or other trash of any nature shall not be left in Town Recreation Areas.
b) No person shall pollute the any Town Recreation Area through the deposit of any toxic or hazardous material.
6. TRAFFIC AND PARKING
a) Pedestrians have the right of way in all recreation areas.
b) All persons driving motorized vehicles shall obey all traffic signs and shall park ONLY in designated areas.
c) Motor vehicles, including motorcycles and motorbikes are restricted to the parking areas.
d) All Terrain Vehicles (ATV) and snowmobiles are not permitted within the boundaries of Town Recreation Areas.
e) Parking is permissible in authorized parking areas for vehicles not exceeding twenty (20) feet in length.
7. ANIMALS AND WILDLIFE
a) Domestic pets are permitted in Town Recreation Areas when restricted to a leash no longer than five (5) feet.
b) All solid body waste from pets shall be removed by owner.
c) No person shall disturb or injure any animal or its habitat within the confines of the Town Recreation Areas.
8. HOURS AND FEES
a) Marycrest Beach and parking area shall be open during the hours of 7 a.m. to 9 p.m. The beach is for Grand Isle Residents and Guests only. Other recreation areas will be open as posted at the entrance or as otherwise established by the Recreation Department.
b) A beach parking pass is required for Marycrest Beach use. Only full and part time residents/tenants of Grand Isle may purchase passes. Cost for the pass is $10.00 for the first vehicle, $5.00 for each additional vehicle. Passes for Senior Citizens age 60 and older are free.
c) A current parking pass must be displayed at all times
d) Motorized vehicles left in any parking area after hours will be towed away at owner's expense.
e) Reasonable fees for parking will be assessed by the Town. All fees shall be set for the year and noted in the Town Office.
9. PERMIT SYSTEM FOR PUBLIC ASSEMBLIES
a) A permit must be obtained through the system outlined in this section before any conducts a public assembly at any Town Recreation Area. For the purpose of this ordinance a “public assembly” includes a gathering of 10 or more persons for a specific purpose regardless of whether a fee is charged.
b) Application shall be made on the form provided by the Recreation Chairperson or designee.
c) Applications shall be made to the Recreation Department 7 days prior to the proposed activity date.
d) The Recreation Chairperson or his/her designee shall issue a permit if the applicant's use will not materially interfere with the enjoyment and use of Town recreation areas by the general public based on consideration of whether the applicant's activity:
1. Will detract from residents’ entitlement to recreation.
2. Will unreasonably infringe on public health, safety or welfare.
3. Will conflict with facilities reserved for other uses.
4. Will interfere with traffic or burden police services.
5. Is likely to cause personal or property injury, incite violence or disorderly conduct.
6. Is for the primary purpose of advertising products, goods or events or for purely private profit. Some exceptions may be made if explained in detail to the Recreation Department.
e) The Recreation Chairperson may impose reasonable conditions upon the issuance of a permit.
f) A fee of $3.00 per person based on the expected attendance, may be imposed by the Recreation Chairperson as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the cost of clean-up, either before or after the activity.
g) As a condition of the issuance of a permit, the Recreation Chairperson may, at his or her discretion, require the posting of a deposit or bond to cover possible damage to any Town property and may require the individual or group to have in attendance a law enforcement officer.
h) The Recreation Chairperson shall act on an application within five (5) business days of the receipt thereof Denial of an application shall be accompanied by a statement of reasons of such denial.
i) Any permit is revocable for violation of the Ordinance or for breach of conditions attached to the permit.
10. ENFORCEMENT
a) Selectboard: Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. Any law enforcement officer or other individual designated by the Selectboard to enforce this ordinance may act as an issuing Municipal Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this ordinance.
b) In addition to the enforcement procedures available before the Selectboard, the Town is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.
a) Waiver Fee For Municipal Complaint: An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25.00
Second offense - $50.00
Third offense - $75.00
Fourth offense - $150.00
Fifth and subsequent offenses - $200.00
Offenses shall be counted on a calendar year basis
b) Civil Penalty for Ordinance Violation: An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25
Second offense - $50
Third offense - $75
Fourth offense - $150
Fifth and subsequent offenses - $200
Offenses shall be counted on a calendar year basis.
c) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59.