[HISTORY: Comes from L.L. No. 66-1976, adopted 9-14-1976, effective 9-20-1976.]
The sand dunes and adjacent beaches on the barrier island which stands between the Atlantic Ocean and Hempstead Bay within the Town of Hempstead afford protection not only to the barrier island but also to inland waters, the Hempstead wetlands and the mainland from storm damage and erosion. Any removal or destructive modification of these sand dunes or beaches would weaken the integrity of this protective barrier and constitute a real danger to the health, safety and welfare of the inhabitants of the Town of Hempstead. It is, therefore, imperative that the sand dunes and adjacent beaches be safeguarded through the maintenance of well-established vegetative dunes which offer the best natural protection against the ravages of sand, wind and water,
The following words and phrases, as used in this chapter, are defined as follows:
BARRIER ISLAND
An island bordering on the Atlantic Ocean and entirely surrounded by water.
DUNE
A hill or ridge of sand.
MAINLAND
Long Island.
A. 
Pursuant to this chapter, on that part of the barrier island which lies within the Town of Hempstead, a dune protection zone shall be hereafter established by the Commissioner of the Department of Conservation and Waterways of the Town of Hempstead. This zone shall include all of the barrier beach within 500 feet landward of the mean high-water line, except as otherwise provided in this chapter.
B. 
The landward extremity of the dune protection zone at beach widths exceeding 500 feet landward of the mean high-water line shall include all adjacent dunes landward of the beach.
C. 
The landward extremity of the dune protection zone at beach widths not presently extended to established dunes shall instead extend from the mean high-water line at oceanside landward to existing buildings on public or private property, or to public highways if no buildings exist between the ocean beach and the public highways.
D. 
The boundaries of the dune protection zone shall be defined by lines drawn on a topographic map which shall be prepared by the Department of Conservation and Waterways of the Town of Hempstead and filed with the Town Clerk of the Town of Hempstead. Notice of alterations in the dune protection line shall be filed with the Town Clerk of the Town of Hempstead. The procedure for altering a dune protection line shall be the same as that provided by this section for the original designation of such a line.
A. 
It shall be unlawful for any person, firm, corporation or municipality to damage, destroy, remove, excavate or relocate any sand dune or portion thereof within the dune protection zone.
B. 
It shall be unlawful for any person, firm, corporation or municipality to kill, destroy or remove in any manner any vegetation growing within the dune protection zone, except that certain species of vegetation may be removed from or planted in the dune protection zone specifically for erosion control with the approval of the Commissioner of the Department of Conservation and Waterways of the Town of Hempstead.
C. 
The provisions of § 136-2 of the Code of the Town of Hempstead regarding the posting of notices to the contrary notwithstanding, when signs are posted within a dune protection zone which convey the understanding that every person, firm or public or private corporation shall not trespass upon and shall keep off the dunes, it shall be an offense against this chapter for any said person, firm or public or private corporation to trespass or walk upon any sand dune within a dune protection zone. For purposes of this section, "trespass" shall mean to transgress, cross, intrude, go upon, injure or damage with violence, either actual or implied.
[Added 4-3-1979 by L.L. No. 43-1979, effective 4-9-1979]
D. 
It shall be unlawful for any person, firm, corporation or municipality to operate or direct the operation of a vehicle of any description within the dune protection zone, except as necessary for erosion control with the approval of the Commissioner of the Department of Conservation and Waterways of the Town of Hempstead.
[Added 4-3-1979 by L.L. No. 43-1979, effective 4-9-1979]
A. 
A person, firm, corporation or municipality who shall violate the provisions of this chapter shall, upon conviction of a first offense, be guilty of a violation punishable by a fine of not less than $250 and upon conviction of a second or subsequent offense, shall be guilty of a misdemeanor punishable by a fine of not less than $500.
B. 
In addition to the penalties provided herein, any such person, firm, corporation or municipality shall also be liable to the Town of Hempstead for the full cost of restoration of the damage. The court shall specify a reasonable time for completion of the restoration, which shall be carried out under the supervision of the Department of Conservation and Waterways of the Town of Hempstead.