[HISTORY: Adopted by the Town Board of the Town of Shelter Island 4-12-1994
by L.L. No. 2-1994. Amendments noted where applicable.]
This chapter shall be known as the "Vehicles on the Beach Local Law
of the Town of Shelter Island."
This chapter is adopted pursuant to the authority of the Municipal Home
Rule Law.
The Town Board of the Town of Shelter Island hereby determines that
it is in the public interest to regulate the operation of vehicles on the
beaches owned and/or operated by the Town of Shelter Island for the purposes
of preserving and protecting the rights of residents and visitors using these
beaches; protecting the beaches from erosion and damage to vegetation; and
protection of the nesting and feeding grounds of federally protected shore
birds. However, this chapter is not intended to impede the normal use of Town
landings.
As used in this chapter, the following terms shall have the meanings
indicated:
Motorcycle, moped, dirt bike, dune buggy, snowmobile, all-terrain
vehicle, Hovercraft or similar type vehicle.
Any premises or area, including Town landings, owned by the Town
of Shelter Island and/or managed by it or its licensees for recreation or
open space purposes. Specifically included in this definition are the premises
located immediately to the south of Menhaden Lane which are owned in part
by Suffolk County and in part by the town.
Beaches owned and/or managed by the Town of Shelter Island. Included
within this definition are Crescent Beach, Wade's Beach and Shell Beach,
although it should be noted that only Crescent Beach and Wade's Beach
are actively managed by the Town as bathing beaches. Also included are all
premises below the mean high-water mark or lying under the water controlled
by the Town of Shelter Island. Parcels above the mean high-water mark which
are not specifically described herein are private property and are subject
to trespassing regulations.
All domiciliaries, owners of real property and lessees of real property
situate in the Town of Shelter Island, including members of their immediate
families, i.e., grandparent, parent, child, sibling. Also included are registered
guests of hotels, inns, motels, guest cottages, rooming houses and camps situate
in the Town of Shelter Island.
Any self-propelled transportation device mounted on tracks, treads
or wheels or any number or combination thereof, other than an off-road vehicle
as defined herein.
No person shall operate an off-road vehicle at any time on the public
beaches or parks in the Town of Shelter Island, except on a road or in a parking
area established within said public beaches or parks for the use of motor
vehicles.
A.
No person shall operate a vehicle on Shell Beach, except
on the unpaved road, at any time between April 1 and September 15 of each
year.
B.
No person shall operate or park a vehicle beyond the paved portion
of Club Drive, commonly known as "Reel Point," without displaying a valid
and proper beach vehicle driving permit issued by the Shelter Island Town
Clerk's office.
[Added 6-3-2005 by L.L. No. 5-2005[1]]
C.
No person shall operate or park a vehicle on Crescent
Beach or Wade's Beach, except on the paved parking areas or on the park
adjacent to Menhaden Lane for a distance of 200 feet southerly from Menhaden
Lane, between the hours of 9:00 a.m. and 6:00 p.m. from the Friday immediately
preceding Memorial Day through Labor Day of each year. At other times, vehicles
must display a valid and proper beach vehicle permit issued by the Shelter
Island Town Clerk.
D.
Permits shall be issued annually from April 1 through
March 31 of each year, upon payment to the Town Clerk of a nonrefundable fee
of $25 for residents and $100 for nonresidents.
[Amended 2-23-2001 by L.L. No. 3-2001]
E.
No vehicle shall be operated at any time at a speed in
excess of five miles per hour.
F.
No person shall operate a vehicle on any dunes, beach
grasses, berms, wetlands vegetation or other similar barrier of any kind.
G.
No person shall operate a vehicle within or upon any
protected bird nesting area identified or designated as such by the Town Board.
H.
No person shall operate a vehicle in a reckless manner
that endangers the safety of other persons, nor shall a vehicle be operated
within 25 feet of any person using the beach or park in a lawful manner.
I.
No persons shall operate a vehicle that is not legally
muffled in accordance with the New York State Vehicle and Traffic Law, nor
in such a manner as to create an unreasonable level of noise.
J.
Access to public beaches and parks shall be limited to
the portions of adjacent Town landings which are not otherwise restricted
by traffic control signs or by the presence of vegetation, berms or fences.
K.
No person shall operate a vehicle on private property
without the consent of the owner of said property.
L.
The provisions of this section shall not apply to vehicles
of governmental agencies in the performance of official duties; construction
or maintenance vehicles working either under the direction or supervision
of the Town or pursuant to a valid permit issued by the town; vehicles engaged
in emergency activities; and the usual and ordinary activities of riparian
owners of real property occurring on such property.
M.
The Town Board reserves the right to temporarily further
regulate the operation of vehicles on public beaches or parks, by resolution,
including the closing of any such beach or park or portion thereof, in order
to further the purposes of this chapter. Any permit issued shall be issued
subject to the holder conforming to the regulations now in force and effect
or that thereafter may be adopted by resolution of the Town Board.
N.
Acceptance of a permit shall constitute an understanding
that the Town assumes no responsibility for any injury or damage which may
be sustained in connection with the issuance of the permit.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation or repetition of an offense against
the provisions of this chapter shall constitute a separate and distinct offense
hereunder.
B.
In addition to other penalties provided herein, any person
to whom a permit has been issued who violates a provision of this chapter
shall be subject to having said permit revoked.
If any part of this chapter shall be adjudged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby shall not
affect the validity of this chapter as a whole or any part thereof other than
the part so adjudged to be invalid or unconstitutional.
This chapter shall take effect immediately upon filing with the Secretary
of State.
