9.08.010 Park hours
A. Indian Brook Park will be open to the public from seven a.m. to nine p.m. unless a permit for other hours is obtained in advance by permission of the director of the parks and recreation department or his/her designee (hereinafter called director). A yearly park use permit valid January 1 through December 31 or biennial park use permit valid for a two-year period January 1 through December 31 must be purchased at the parks and recreation department. (Ord. amended 1/29/2002)
B. Camping is allowed at Indian Brook Park at the discretion of the director. A permit must be obtained in advance from the parks and recreation department during normal business hours Monday through Friday. Individuals possessing a valid camping permit are not required to possess a season pass.
9.080.020 Sanitation requirements
A. Recreation areas are to be kept in a neat, clean and sanitary condition at all times.
B. Glass containers are prohibited in all areas of the Indian Brook Park.
C. All refuse, including but not limited to bottles, cans, paper or rubbish, shall be placed in receptacles provided for that purpose. (§§6.1-6.3 of Ord. passed 12/21/87) If receptacles are not available, all refuse is to be carried out of the park.
Apparel for bathing and swimming
9.080.030 Apparel for bathing and swimming
Removing appropriate bathing apparel is prohibited in public view. (§5.1 of Ord. passed 12/21/87) "Bathing apparel or clothing" includes bathing suits or clothing worn for bathing purposes including, but not limited to, shorts, cutoffs or swim trunks.
9.080.040 Traffic regulations
A. All persons driving in Indian Brook Park shall obey all traffic signs and directions.
B. Motor vehicles shall be excluded from the confines of Indian Brook Park between nine p.m. and 7 a.m. except by permit in conjunction with Subsection A of 9.080.010.
C. All state statutes regulating motor vehicle operation shall be applicable within the confines of the park. All motor vehicles must be registered with the Vermont Department of Motor Vehicles (or in the state of the owner’s residence) and display current license plates or tags. Motor vehicles, including motorcycles, motorbikes, and other off-road vehicles, shall be operated only on roads opened and maintained for vehicular traffic or on trails designated for off-road vehicle operation.
D. The maximum motor vehicle speed within the park shall be fifteen miles per hour.
E. The director may allow vehicles in prohibited areas for special events occurring in such areas.
F. Horseback riding shall be permitted on roadways, trails and other designated areas unless otherwise posted by the director.
G. Posted handicapped parking areas are so designated for use only by vehicles with handicapped registration or other appropriate identification.
H. Parking is allowed only in designated areas or as directed by town personnel. Violators may be towed at the owner’s expense. (§§3.1-3.8 of Ord. passed 12/21/87)
9.08.050 Vessels and aircraft
A. Each vessel using the reservoir shall carry for each person aboard an approved personal flotation device, as per Title 25, Vermont Statutes Annotated, Chapter 306.
B. Aircraft, including ultralights, helicopters and floatplanes, are prohibited from landing or taking off from the Indian Brook Park property or reservoir. (§§11.1 - 11.2 of Ord. passed 12/21/87)
Fishing and outboard motors
9.08.060 Fishing and outboard motors
A. All persons interested in fishing in the Indian Brook reservoir must adhere to current fishing laws as outlined in the Vermont Digest of Hunting, Fishing and Trapping Laws.
B. Use of outboard motors, except electric trolling motors, shall be prohibited except by town employees in the official pursuit of their assigned duties. (§§11.1-11.2 of Ord. passed 12/21/87)
Cutting or harvesting plants or seeds
9.08.070 Cutting or harvesting plants or seeds
A. No plant may be uprooted or cut without a written permit from the director.
9.08.080 Hunting and trapping
B. Wild berries, fruits, seeds, nuts or mushrooms may be collected only for personal use at the risk of the collector, and must be consumed on park property. Commercial harvesting of such items for profit is allowed only with a special permit from the director. (§§1.2-1.3 of Ord. passed 12/21/87)
A. A person who intends to set a trap for any animal on Indian Brook Park property shall, prior to setting the trap, notify the selectboard of the prospective location of the trap. The selectboard may, at any time, refuse to grant permission to set a trap or revoke the permission if previously granted as outlined in Vermont Statutes Annotated 1997 §4707 Traps; notice.
B. A hunting safety zone of five hundred feet will be established around the high water mark of the entire reservoir. (§6 of Ord. passed 8/29/88)
Vending and soliciting prohibited
9.08.090 Vending and soliciting prohibited
Soliciting, vending, sale or rental of goods, wares or services in Indian Brook Park is prohibited. (§8.1 of Ord. passed 12/21/87)
Posting bills and injuring property
9.08.100 Posting bills and injuring property
Posting bills without permission of the director, cutting, peeling, defacing, writing upon, destroying or damaging any building, sign, tree, plant, rock or other natural or manmade structure or object is prohibited. (§1.1 of Ord. passed 12/21/87)
Disorderly conduct, drugs and alcohol possession
9.08.110 Disorderly conduct, drugs and alcohol possession
A. Disorderly conduct is prohibited. This includes, but is not limited to, indecent, coarse language, disturbing other persons, or intoxication. Violation may mean ejection, arrest and prosecution under state law.
B. Unlawful possession of regulated drugs is prohibited.
C. Alcoholic beverages shall be prohibited at all times. (§§10.1-10.3 of Ord. passed 12/21/87)
9.08.120 Fire restrictions
A. Fires shall be built only in fire pits, fireplaces or charcoal grills at picnic and camping areas except as otherwise provided in these rules and regulations or unless a permit for other areas is obtained in advance from the director.
B. All fires must be attended and under control at all times. (§§2.1-2.2 of Ord. passed 12/21/87)
Firearms, fireworks and weapons
9.08.130 Firearms, fireworks and weapons
A. No firecrackers or other explosive devices shall be displayed or discharged in the park.
B. Individuals wishing to hunt on Indian Brook property must adhere to current hunting laws as outlined in the Vermont Digest of Hunting, Fishing and Trapping Laws and to the hunting safety zone as outlined in Subsection B of 9.08.080.
A. Any person who violates a provision of this chapter shall be subject to a civil penalty of up to five hundred dollars per day for each day that such violation continues, with a mandatory minimum civil penalty that shall not be less than the civil penalty set for that offense unless the person does not contest the municipal complaint and pays the waiver fee. Police officers of the Town of Essex shall be authorized to act as issuing municipal officials to issue and pursue before the traffic and municipal ordinance bureau a municipal complaint.
B. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, for any person who declines to contest a municipal complaint and pays the following waiver amount of each violation:
First offense $ 25.00
Second offense $ 50.00
Third offense $100.00
Fourth and subsequent offenses $200.00
Offenses shall be counted on a calendar year basis.
C. An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation:
First offense $ 50.00
Second offense $100.00
Third offense $200.00
Fourth and subsequent offenses $400.00
Offenses shall be counted on a calendar year basis.
D. In addition to the enforcement procedures available before the traffic and municipal ordinance bureau, the town manager or designee is authorized to commerce a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. (amended 1/17/2000)