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UntitledTOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK -------------------------------- IN THE MATTER OF AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and -'State of New York. That on August 28, 1974, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Regulating Use of Park Lands in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 7 _ ;� day o 4. Notary Public e t� 3��,L PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a Public Hearing on Th)irzday, September 12, 1974 at 8:00 o'clock P.M. EDST, at the Town Hall, Mill Street, in the Village of Wappingers Falls, N.Y., to hear all interested persons concerning an Ordinance Regulating Use of Park Lands in the Town of Wappinger. Elaine H. Snowden Town Cler Dated: August 23, 1974 Wappingers Falls, N.Y. i' AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WAPPINGER The following Ordinance was introduced by 'Supervisor Diehl, who moved its adoption. I ii Be It Enacted by the Town Board of the Town of Wappinger, Dutchess County, New York: i j Section 1. This Ordinance shall apply to all park lands y !� within the Town of Wappinger, exclusive of those within the corporate limits of the Village of Wappingers Falls. Section 2. It shall be unlawful for any person to operate a motor vehicle, a motorcycle, a motorbike or a snowmobile, within any park in the Town of Wappinger, except on roadways or in parking areas designated for the use of motor vehicles, motorbikes, motorcycles or snowmobiles, within such park lands. Section 3. It shall be unlawful for any person to operate a motor vehicle, motorcycle, motorbike or snowmobile within any area of a park unless the operator is duly licensed by the State of his residence, and unless said vehicle is licensed by the State of the owner's residence. Section 4. It shall be unlawful for any person to use, enter upon or occupy any park within the Town of Wappinger, iI except during the hours established for its use by the Town of Wappinger Recreation Commission. Section 4.1: The Town Board of the Town of Wappinger j hereby delegates to the said Town of Wappinger Recreation !I Commission the duty of establishing the hours for the use i of each of the parks or portions thereof, within the Town of i; ii i i i I Wappinger. All such hours shall be clearly posted at the II usual and ordinary entrances to said parks. Said hours shall be established by resolutLon of said Town Recreation I Comp-nission which shall be filed with the Town Clerk within ' I ten (10) days after its adoption or amendment. !�I jj Section 5. Any person violating the provisions of this u Ordinance shall be guilty of a violation as defined by Section i' '! I ii 10.00 (3) of the Penal Law and upon conviction thereof, shall I I; be punished in accordance with the provisions of Article 55 iI j; of the Penal Law. j Section 6. This Ordinance shall take effect immediately i upon adoption, posting and publication, as provided by Town Law. Seconded by: Mr. Clausen PLEASE TANE NOTICE that the following Ordinancw was adopted by the Town Board of the Town of Wappinger at a Special Meeting held September 19, 1974. INSERT ORDINANCE I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, Dutchess County, New York, do hereby certify that the foregoing Ordinance was duly adopted at a special meeting held September 19, 1974, at which time a quorum was present and participated throughout and that the same has not been in any manner rescinded or annuled and that the same is still in force and effect and is duly entered in the minutes of said meeting., IN WITNESS WHEREOF, I have hereunto set my band and the sea) - of the said Town of Wappinger this 20th day of September, 1974„ Elaine H. Snowden Town Clerk. AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WAPPINGER The following Ordinance was introduced by ecunc.GhArN, �4use], who moved its adoption. Be It Enacted by the Town Board of the Town.of Wappinger, Dut.dhess County, New York.. Section 1. This Ordinance shall apply to all park lands within the Town of Wappinger, exclusive of those within the corporate limits of the "Village of Wappingers Falls. Section 2. It shall be unlawful for any person to operate a motor vehicle, a motorcycle, a motorbike or a snowmobile, within any park in the Town of Wappinger, except on roadways or in parking areas designated for the use of motor vehicles, motorbikes, motorcycles or snowmobiles, within such park lands. Section 3. It shall be unlawful for any person to operate a motor vehicle, motorcycle, motorbike or snowmobile within any area of a park unless the operator is duly licensed by the State of his residence and unless said vehicle is licensed by the State of the owner's residence. !i Section 4. It shall be unlawful_ for any person to use, enter upon or occupy I; P any park within the Town of Wappinger., ` except during the hours established for its use by the Town of i I' Wappinger Recreation Commission. Section 4.1. The Town Board of the Town of Wappinger hereby delegates --o the said ToWn of Wappinger Recreation Commission the duty of establishing the hours for the use of each of the parks or portions thereof, within the Town of Wappinger. All such hours shall be clearly posted at the usual and ordinary entrances to said parks. Said hours shall be established by resolution of said Town Recreation Commission which shall be filed with the Town Clerk within ten (10) days after its adoption or amendment. Section 5., Any person violating the provisions of this Ordinance shall be guilty of a violation as defined by Section 10.00 (3) of the Penal Law and upon conviction thereof, shall be punished in accordance with the provisions of Article 55 of the Penal Law. Section 6. This Ordinance shall take effect immediately upon adoption, posting and publication, as provided by Town Law. Seconded by: (2Qun.CjWVCIr\ 3Q(�WN t' C. V, GULL i` ii Ve, ,sc-tce, _ e- ii TOWN OF WAPPINGER SUPERVISORS OFFICE MILL STREET WAPPINGERS FALLS. N. Y. 12890 LOUIS D. DIEHL SUPERVISOR August 2, 1974 1 }' a rea," Atorney 25 1ar,et Street Poughkeepsie, N.Y. 12601 Re: An Ordinance Regulating Hours, Conditions at Town Recreation Parks. Dear Allan: Continued problems of hours that the parks are open, noise, littering, motorcylcles, and cars on the fields or in parks are still being reported. Would recommend the passage of some type of ordinance for the August 12th meeting, if you can have one ready. It may not be the perfect one and if necessary, we can always amend it. I do believe we should move it now to give the Recreation Commission direction and ability to post signs, stating hours and usage and to give Police the power of enforcement. LDD/pse CC: Elaine Snowden, Town Clerk All Councilmen Yours truly, ce4c'e--�- �' Louis D. Diehl Supervisor Town of Wappinger TOWN OF WAPPINGER RECREATION COMMISSION MILL STREET WAPPINGERS FALLS, N. Y. 12590 September 26, 1974 Town Board Mill Street Wappingers Falls, N.Y. Re: Park Lands Drdinance Gentlemen: The Recreation Commission suggests the Park Lands be open one (1) hour before sunrise and Aone (1) hour after sundown. As soon as we receive approval on above we will have signs made and placed at Recreation Areas. Very truly yours, j HUGH J. MAURER CHAIRMAN HJM:SG TOWN BOARD : TOWN OF WAPPINGER DUTCHESS COUNTY : NEW YORK STATE - - - - - - - - - - - - - - - - - - - -X IN THE MATTER OF AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WA PPINGER - - - - - - - - - - - - - - - - - - - -X Town Hall, Mill Street Wappingers Falls, New York 12590 Thursday, September 12, 1974 8:00 o'clock p. m. PHILIP E. STILLERMAN HEARING REPORTER TOWN BOARD : TOWN OF WA PPINGER DUTCHESS COUNTY : NEW YORK STATE - - - - - - - - - - - - - - - - - - - -X IN THE MATTER OF AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WA PPINGER - - - - - - - - - - - - - - - - - - - -X Town Hall, Mill Street .,. Wappingers Falls, New York 12590 Thursday, September 12, 19714 8:00 o'clock p, m, PRESIDING: LOUIS DIEHL, Supervisor COUNCILMEN: LOUIS CLAUSEN LEIF JENSEN IAW STEPHEN M. SA LAND FRANK VERSACE TOWN CLERK: MRS. ELAINE SNOWDEN ATTORNEY TO THE TOWN: ALLAN E. RAPPLEYEA, ESQ. I N D E X SUPERVISOR DIEHL 4 MRS. SNOWDEN 4 SUPERVISOR DIEHL 8 BRENT WILLIAMS 10 CLIFF MARTIN 14 JERRY MILLER 15 UNIDENTIFIED SPEAKER 19 PIR. MURPHY 20 CLIFF MARTIN 21 LEE BEARD 21 GUS TULLO 22 UNIDENTIFIED SPEAKER �3 ALLAN E. RAPPLEYEA 24 ANN MARTIN 26 BRENT WILLIAMS �7 JERRY MILLER �7 UNIDENTIFIED TEENAGER 28 3 SUPERVISOR DIEHL: I will call this public hearing to order. The Town Clerk will call the role, Mrs. Snowden? MRS. SNOWDEN: Supervisor Diehl? SUPERVISOR DIEHL: Here. MRS. SNOWDEN: Councilman Clausen? COUNCILMAN CLAUSEN: Here. MRS. SNOWDEN: Councilman Jensen? COUNCILMAN JENSEN: Here, MRS. SNOWDEN: Councilman Saland? COUNCILMAN SALAND: Here. MRS. SNOWDEN: Councilman Versace? COUNCILMAN VERSACE: Present. lw MRS. SNOWDEN: As of 8:32, Mr. Diehl, all are present. SUPERVISOR DIEHL: The Town Clerk will verify as to the publication of notice concerning tonight's 8:00 hearing. MRS. SNOWDEN: I offer for the record an Affidavit of Publication and an Affidavit of Posting, as follows: "Please take notice that the Town Board of the Town of Wappinger will con- duct a Public Hearing on Thursday, 0 September 12, 19714 at 8:00 o'clock p.m. Eastern Daylight Savings Time, at the Town Hall, Mill Street, in the Village of Wappingers Falls, New York, to hear all interested parties concerning an Ordinance Regulating Use of Park Lands in the Town of Wappinger." The Ordinance reads as follows: "An Ordinance Regulating Use of Park Lands in the Town of Wappinger; "The following Ordinance was intro- duced by Supervisor Diehl, who moved its adoption: "Be It Enacted by the Town Board of The Town of Wappinger, Dutchess County, New York: "Section 1. This Ordinance shall apply to all park lands within the Town of Wappinger, exclusive of those within the corporate limits of the Village of Wappingers Falls; "Section 2: It shall be unlawful 5 I for any person to operate a motor vehicle, a motorcycle, a motorbike, or a snowmobile, within any park in the Town of Wappinger, except on road- ways or in parking areas designated for the use of motor vehicles, motorbikes, motorcycles or snowmobiles, within such park lands. "Section 3. It shall be unlawful for any person to operate a motor veh- icle, motorcycle, motorbike or snow- mobile within any area of a park unless the operator is duly licensed by the State of his residence and unless said vehicle is licensed by the State of the owner's residence. "Section 4. It shall be unlawful for any person to use, enter upon or occupy any park within the Town of Wappinger, except during the hours established for its use by the Town of Wappinger Recreation Commission. 0 "Section 14.1. The Town Board of the Town of Wappinger hereby delegates to the said Town of Wappinger Recreation Commission the duty of establishing the hours for the use of each of the parks or portions thereof, within the Town of Wappinger. All such hours shall be clearly posted at the usual and ordin- ary entrances to said parks. Said hours shall be established by resolution of said Town Recreation Commission which shall be filed with the Town Clerk within ten days after its adoption or amendment. "Section 5. Any person violating the provisions of this Ordinance shall be guilty of a violation as defined by Section 10.00 (3) of the Penal Law and upon conviction thereof, shall be pun- ished in accordance with the provisions of Article 55 of the Penal Law. "Section 6. This Ordinance shall rA EOO take effect immediately upon adoption, posting and publication, as provided by Town Law. "Seconded by Mr. Clausen." SUPERVISOR DIEHL: This Public Hearing is now open. May I first say that the members of the Town Board and the Recreation Commission and Chairman, and some of the Commission members, I am sure, worked with Mr. Rappleyea to draw this Ordinance so we could have some sort of control in our parks. This is because of the various problems that have been going on, and have been increasing. Certainly this Ordinance, as proposed, is not complete, and probably will not cover everything. There are probably things we missed. But, Mr. Rappleyea researched this to the best of his ability, by gding to other, neighboring towns. He did not find many townships with ordinances of this type. But, we were inclined to get something on the books so as to give the Sheriff's Deputies and the State Police Department some authority to operate within our parks, and to have some legal control A over it. Up to this point they have been unable to enforce the various County and/or State Laws because the parks did not come under their juris- diction. This is an attempt to get something on the books so the various police agencies would have low some legal standing of enforcement. To make any changes in tonight's proposed Ordinance,, once adopted, would require another public hearing. But, we wish to get started in the direction of control- ling the problems which have been increasingly cropping up. The Ordinance, once adopted!, of course, will be able to be amended, from time to time. low But, I think, and I think the Board Members and the Recreation Commission feels the same way, that we do need something, immediately, to give us some control. I will now open the Public Hearing to those wishing to speak, for or against the proposed Ord- inance, or to make recommendations. When you are recognized, please stand, and state your name and address so you will be sure that your remarks will be recorded, 10 Yes, sir. Your name, please? MR. WILLIAMS: Brent Williams. I would like to know what the problems are that are increasing, of which you are speaking? SUPERVISOR DIEHL: Many of the problems we have are at W night, the night hours, even though we've had chains across the parking lots, and -- MR. WILLIAMS: Used how? SUPERVISOR DIEHL: That's questionable. I don't know that I wish to state all of them, but for recreation we will say, a form of which we are not supporting nor financing, and is not in the best spirit of the thing. To be more exact, which I gather is what you want, is that we have found beer parties going on, motorcycle racing -- MR. WILLIAMS: Mostly a nocturnal problem, then, is that right? SUPERVISOR DIEHL: Basically, but we have many problems during the day time too. COUNCILMAN JENSEN: It goes beyond that, and the day time problems. There's the excessive noise from the motor cycles and -bikes, or whatever they are 11 called; and they're doing the Evil Knievel -type stunts, all of which I have witnessed myself, both the day time and night time problems. And, what we are trying to do with the Ordinance, is to regulate and enforce some of the practices which are going on, and stop the noise of the engines and the hi fis or whatever it is that they've got in their cars, which can be heard blaring at 2:00, 3:00 in the morn- ing. There's also the nuisance problem. MR. WILLIAMS: Who's complaining? SUPERVISOR DIEHL: Resident of the particular areas. MR. WILLIAMS: I'm a resident. MW COUNCILMAN JENSEN: As a resident within the area and receiving frequent telephone calls, at home, and many calls to the Town Hall, here, about the noise problems -- MR. WILLIAMS: Then, if the noise situation could be fixed, there would be no problem, then, is that correct? I'm thinking in line of how they've inst- ituted a maximum decibel range which motor vehicles could operate, and -- COUNCILMAN JENSEN: I know what you are driving at, sir -- 12 I'm sorry I didn't catch your name -- MR. WILLIAMS: Brent Williams. COUNCILMAN JENSEN: Mr. Williams, I understand what you are driving at, and referring to, and as you know it is difficult for a police agency to pin it down, �., especially on a motorcycle, and the meter being used, I know, is up for conflicts and doubts, and if it goes to the Judge, for a decision, you prob- ably know, that it's been proven many times, that a decibel meter is not -- it has not been upheld. SUPERVISOR DIEHL: That is one aspect of it. But, we have also received phone calls concerning littler children being mishandled. And, in a park, having motorcycles, or whatever, riding so close to them, in attempts to scare them, and various other incid- ents, which have been reported.. COUNCILMAN JENSEN: I think they're calling it "chicken" at least they did in the City. COUNCILMAN SALAND: I was going to add the comment that you made, that it is not a question of so much noise but the complaint of people on the vehicles doing certain things to annoy other people within the park L:7 -A areas, chasing them on motorcycles and -bikes and -scooters. It's not just a question of the noise, but the problem is comounded by the fact that the residents may be aware of who the offenders are, may- be their neighbors' kids, or friends' kids, and because of that no one wishes to step forward and complain_ officially. But, the police will come, or the Sheriff's Deputies will come in, or the Troopers, to investigate, and since they'll find no violation of law, and no law on the books, and since there's no one who is willing to complain, officially, for fear of raising the wrath of their neighbors, he can do nothing. So, the kids do- it again. Our purpose is to put something on the books that will represent the violation of law, and when the police come in, and investigates, and finds some person he feels is guilty, he can serve as his own complainant. MR. WILLIAMS: Isn't there a general harassment law on the books? COUNCILMAN SALAND: yes, but somebody has to make the complaint, but with this there will be a violation. 13 0 SUPERVISOR DIEHL: An incident happened, and the child was mishandled or something, but even so, you can not neglect the problems that are present, and it certainly appears that we have to have some sort Of control. Is there anyone else who wishes to speak about this? Yes, your name? MR. MARTIN: Cliff Martin. I would like to know how many recreation areas that there are in the Town that are affected? SUPERVISOR DIEHL: All recreation areas in the Town will be effected. MR. MARTIN: Relating to that, then, since I am in the Natherwood Development, and there we have had the problems with speeding, and where the kids will go driving at fifty miles an hour, sometimes, down the road; and there was one thing that was suggested, at that time, was to get and erect a gate across the road to permit access by pedestrians -- and I do realize that that is not the issue here, but I would like to ask, if you know, whether at other parks 14 15 there's a gate so as to open the park more for residents? SUPERVISOR DIEHL: All the parks are open, and there's no gate. Yes, Mr. Maurer? Mr. Maurer is the Chairman of the Town's Recreation Commission. MR. MAURER: There were gates but the kids were con- stantly pulling them down; and we had chains up, and they were pulled down. SUPERVISOR DIEHL: As soon as they go up, they are torn down. And, there was a gentleman who had spoken of a stop sign problem and traffic problem in Fleetwood, and you're speaking of a speeding prob- OW lem. Maybe you people should get together and Petition the Town Board at a later date. Now, let's get back to this evening's subject matter. Is there anyone else who wishes to speak for, or against, the Ordinance? MR. MILLER: Jerry Miller. If the Town Board does pass the Ordinance do we -- could we get an area set aside for this type of bike and recreation? As of yet I've heard of no proposal to set aside any area. 16 SUPERVISOR DIEHL: The Chairman of the Recreation Comm- ission may wish to respond to that. I believe that they are working on something of that sort. Mr. Maurer? MR. MAURER: Yes, we are, and have been looking for an Aftl area, trying to find an area that would have no noise problem, or tear up the property, and as of yet we have not set aside any specific area, but we are looking. We're looking into it, and we do realize the need -- the desire for such bike path, and/or snowmobile path, and also a horse -- bridle path, or whatever, but right now, the land we have, the problem is hair -line -- the lands we have are not suitable for motorcycles, and such. But, we are looking for something. MR. MILLER: I have two other comments. I have heard that there were complaints that mentioned damage from motorcycles, and I think, if you fellows would go down to Quiet Acres, and see how much damage is done by the motorcycles, you might hold off the Ordinance, especially if you were to come down in the spring, you tell me which you think does the 171 most damage, the bikes or the fact that the area -- the play area, is inundated with water, mud, logs, etcetera, washed out, and the damage done by the motorcycles. You'll see that the damage being done by the water from Wappingers Creek is more than that IAW done by the bikes. SUPERVISOR DIEHL: I think, sir, that the Board is aware that you happen to be in a flood area, and that the conditions you've described are resulting from nature, that is a natural thing that happens. And, I don't think we will get around it, but not only Quiet Acres is having the trouble. Robinson Lane has been the base. They have been going around the AW baseball park, not only Quiet Acres, but to other parks too. COUNCILMAN JENSEN: I would like to comment about Quiet Acres. I've been there, several times. Maybe it is true that the spring thaw does inundate the area with mud, rocks, logs, etcetera. But, it is almost a crime that after the thaw has subsided, and we, the Town, has spent money to scrub the fields, and put thein back in shape for ball games, to then see them being ripped up by motorcycles, cars, or motorbikes, or motorscooters. MR. MILLER: Have you seen it? COUNCILMAN JENSEN: Yes, I have. I Left the park one day, with Mr. Maurer, and we heard the motorcycles out in the woods and within the park itself. MR. MILLER: What about the noise from the lam mowers what about -- COUNCILMAN JENSEN: We are not trying to restrict the use of lawn mowers but the use of motorcycles. We are talking about motorcycles and motorbikes, and the like. Sir, I would like to ask you a question. Do law you feel that after the taxpayers of the Town paid so many dollars to fix the field up for it to be usable for ball games, that some other outside force like motorcycles come and rip up the grounds, and dont you think that is compounding the problem? MR. MILLER: I agree it should not happen. COUNCILMAN JENSEN: Thank you. SUPERVISOR DIEHL: Sir, you are saying that you feel there is a need for a place for motorcyclists? We 19 are saying the same thing, and the Recreation Commission is looking into it, they are looking for a location. MR. MILLER: I know, you have gotten complaints from Quiet Acres residents. I've lived there, and we are a complaining bunch. And, we've gotten the same complaint from people saying the guy down the street is operating his amplifier too loud. I do question the motive of the person moving in there, on one-third acre lots, in the middle of 100 houses who wishes to have a sterile neighbor- hood, and have no noise, and listening to jets going overhead, lawn mowers going and all. So it's not so much the noise that's an issue. SUPERVISOR DIEHL: Okay, is there anything further anybody wishes to say, for or against? Yes, sir. Your name, please? UNIDENTIFIED SPEAKER: I would just like to make a comment. I think it's definitely a noise problem when on Sunday afternoons, at two to six o'clock you have the motorcycles going around, with every- body else being quiet, no lawn mowers or airplanes, NEW just this -- these motorcycles going around in circles, going through. And, as far as damage Is concerned, I have seen the damage myself. In fact, as a matter of fact, I've seen your son rapidly going around in circles, digging up --- SUPERVISOR DIEHL: I think we'll continue with the people who have not spoken, yet. Anyone in favor? MR. MURPHY: I have a question, if I may? What are the proposed hours? SUPERVISOR DIEHL: The proposed hours have been left to the judgment of the Recreation Commission. I don't know if that has been decided yet. MR. MAURER: We have discussed possibly one hour before sun -up to one hour after sun down. COUNCILMAN JENSEN: I was going to propose, after looking through the '74-'75 Hunting, Trapping and Fishing Guide for the State of New York, which sets the times from sunrise to sunset within the various areas of the State. And, we may wish to review this, when the Commission makes up the hours, since this very clearly spells it out, and gives the times from sunrise to sunset, September through May. 21 SUPERVISOR DIEHL: Are there any others who wish to speak, for or against, this -- MR. MARTIN: Cliff Martin, again. I think that the problem has to be solved for the people of Quiet Acres, but in Fleetwood there is no suitable ,., place for the motorcyclists. If they feel that there is a suitable place near Quiet Acres they should petition the Recreation Board -- Commission, to set it aside because that's the way the Ordin- ance reads. It's that simple, and would clear the problem up. Why not take a vote within the development, of the residents there, and if the rest of the residents of Quiet Acres agreed, you could submit your petition. But, that is really not the topic for tonight's meeting since it is not affecting the others in the Town. SUPERVISOR DIEHL: Yes. That's correct. Let's stay with the Ordinance as it's been proposed because that is to be acted upon. Yes, sir. MR. BEARD: Lee Beard. I would like to clarify one thing. Is Fleetwood a designated recreation area 22 coming under -- SUPERVISOR DIEHL: That is recreation land. MR. BEARD: Then it is to be covered by the Ordinance? SUPERVISOR DIEHL: Yes, sir. MR. BEARD: That's all. Thank you. Is there anybody else? Yes, sir. Your name? MR. TULLO: Gus Tullo. It's not directly concerning the Ordinance, but something that Mr. Maurer was saying, when he was looking at the map, and point- ing to the map, before. I'm referring to the area of Airport Park. That's not being used for any- thing, now, for a couple of years, and it should be recognized that it is a recreation activity AW for certain people within the Town who are taxpayers. I would like to know if you have considered Airport Park as being used, since it's being wasted? SUPERVISOR DIEHL: That,'s a County Park. MR. `rULLO: They would probably give it back to you since it's not being used. SUPERVISOR DIEHL: If it is an obtainable asset it will be looked into. It is a thought, I know. There are two or three other areas that are being looked 23 into also. But, we are now getting away from the subject matter of the Ordinance. Your telling Mr. Maurer to look for land is wasting time. I can assure you that Mr. Maurer and the Commission are investigating lands. vaUNIDENTIFIED SPEAKER: As a taxpayer, whose taxes go for recreation I would like to ask a question. Is the Town's concern, when you mentioned children are menaced, or harassed, or whatever, if there's an accident, does the Town feel that there is a liab- ility on their part? Because my understanding, if that happens, is that the person riding the bike is guilty, and there has to be a civil suit. WW SUPERVISOR DIEHL: Look at it this way: We have insur- ance, and there is no one, I'm sure, in the Town who wishes to see any child harmed. UNIDENTIFIED SPEAKER: Does the Town feel that there is a liability if there is to be motorcycling, or is that covered by the individual's insurance? SUPERVISOR DIEHL: That is up to the Court's, I think. Also, I think we may be getting off the topic, But, possibly Mr. Rappleyea, our legal expert, can 24 answer this. MR. RA PPLEYEA: First of all, it would be a case, perhaps, and not admitting liability, but if a municipality knows that an activity Is going on, and permits that activity to continue, and then there is a claim, and we did nothing to prevent it, therefor we might be neglectful in permitting that activity to continue, and therefor it is likely the Town would be sued, at least if the accident occurred to the motorcylce rider himself. And, this has to do with even oper- ating in the parking lot. But, you can get into all sorts of problems with a trail, and dangerous conditions being allowed to develope. If it occurs in a park we could be sued for lack of supervision, knowing that the activity existed and doing nothing about it. And, very likely, most of the motoiccyclists are unlicensed, which is why they are in the park and not out on the road, and they are probably unin- sured. So in the event of an accident, the Town would most certainly end up being sued. And, that is, that these operators are not licensed, not insur- ed, their vehicles are not licensed or insured, and 0 that alone is a hazard, not only to themselves but to third parties. So, while they may be able to be sued, it is unlikely that anybody would collect anything against a twelve or thirteen year old kid. A lot of consideration has to be given to this. While the State Police, the Town Police or the Sheriff's Deputies have not made any arrests for unlicensed operation, there is, and has been, in the Town of Poughkeepsie, for example, where they gave out tickets in a parking lot, to the operators of plows, in the shopping plaza. The State Police are taking the attitude that anything operated in a semi-public area, where motor vehicles are perm - fitted, must be licensed and insured. So theme is a question of whether or not, even if the Town were to conduct such an activity, would they -- the operators -- have to be licensed and insured? This may not solve anything. But we are interested in trying to solve the problem. SUPERVISOR DIEHL: Are there any other people who wish to speak, for or against, the Ordinance? The young lady, there? Your name? 25 W01 MRS. MARTIN: Ann Martin. I live in Fleetwood, and we have swings there, and a baseball field, and we also have unlicensed thirteen and fourteen year olds on their motorbikes. And, we have four and five year old children down there, playing, and these kids on the bikes are careless, and they are not adults, they're not grown ups, and they are care- lessly making turns, or driving in and out. And, there's no road there for bikes. It is a park. Also, I would like to say, about the night hours, they've been there all hours of the night. We have found people two or three in the morning having beer parties, playing music, etcetera. It is a definite problem in the development. I would like to see this Ordinance put through, now, since we have the problem. We've had this problem there since, at least, since we've moved in. I think there should be a designated motorcycle area. But we should not have the unlicensed, uninsured, kids going in and out of the parks. It is a small area at Fleetwood. We have threatened to call the cops more than once, yet we really don't want to get a 27 fourteen year old kid arrested. We do want it known, though, that it is restricted, and that they are not going to be allowed down there. SUPERVISOR DIEHL: Is there anybody else -- yes, Mr. Williams? MR. WILLIAMS: First of all, it's Dr. Williams, and -- SUPERVISOR DIEHL: I'm sorry. DR. WILLIAMS: Wouldn't it be wiser to find a viable alternative before the Ordinance is passed? SUPERVISOR DIEHL: I am sure the Board will look at it. It's not been passed yet. And, it will not be passed tonight, at any rate. (ARGUMENTS AMONG THE AUDIENCE MEMBERS.NOT RECORDED.) MR. MILLER: May I ask the Attorney one question? As I understand it, a park area comes under the hearing of attractive nuisance, according to the insurance companies, and if the Town -- MR. RAPPLEYEA: If it is a continuing activity, and the Town knows about it, and the Town does not take any steps to stop it, or correct it -- and I am not saying that the Town is liable, but certainly that S -- there is the good possibility of the Town being sued. MR. MILLER: Then I submit that the Quiet Acres activity which is unsupervised, that if there are small children down there, it is -- and there is only a two or three foot bank, unfenced, with the Creek running by it, and if that is an attractive nuisance then I submit -- MR. RAPPLEYEA: I didn't say it was. You said it was. And, it is not in the same category. SUPERVISOR DIEHL: Let's not have any debates. Is there anybody else who wishes to speak? (NO RESPONSE.) SUPERVISOR DIEHL: In that case, I will entertain a motion to close the Meeting. COUNCILMAN SALAND: So moved. SUPERVISOR DIEHL: Seconded? COUNCILMAN CLAUSEN: Seconded. SUPERVISOR DIEHL: Just a second. I'm sorry son, you wanted to say something? UNIDENTIFIED TEENAGER: I don't really believe that the basic problem is the motorcycles so much, but the 29 beer parties that are constantly going on there. SUPERVISOR DIEHL: Thank you. The motion was made to close the meeting, and seconded by myself, now. All in favor? COUNCILMAN CLAUSEN : Aye. COUNCILMAN JENSEN: Aye. COUNCILMAN SALAND: Yes. COUNCILMAN VERSACE: Aye. SUPERVISOR DIEHL: Passed. This meeting is closed. -OCOoo- CERTIF ICA TION STATE OF NEW YORK ) COUNTY OF DUTCHESS ) I, PHILIP E. STILLERMAN, a stenotype reporter, do hereby certify, that the foregoing town hearing was held at the Town Hall, Mill Street, Wappingers Falls, New York, Dutchess County, on Thursday, September 12th, 197b at 8:00 o'clock p. m., EDST, IN THE MATTER OF AN ORDINANCE REGULATING USE OF PARK LANDS IN THE TOWN OF WAPPINGER, and that I faithfully and impartially recorded, steno- graphically, the questions, answers and colloquy. I further certify that after said hearing was recorded stenographically, by me, it was reduced to typewriting, by me, and I hereby submit that the within is a true and accurate transcript of my stenographic minutes, to the best of my ability. I further certify, that I am not a relative of, nor an attorney for any of the parties connected with the aforesaid hearing, nor otherwise interested in the test- imony of the witnesses. J September 21st, 1974. - -- -- --PEPORTER ---------u PHIL P LERMAN HEAR G 30