Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 5-11-1955. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and docks — See Ch. 9.
Littering — See Ch. 38.
Peace and good order — See Ch. 46.
Picnic areas — See Ch. 50.

§ 7-1 Identification cards and car permits required.

[Amended 12-30-1974 by L.L. No. 9-1974]
The municipal beaches of the Incorporated Village of Bayville shall be used only by those persons who are holders of a valid identification card issued in accordance with the provisions of this chapter or who may otherwise qualify for admission under the terms of this chapter. Motor vehicle permit stickers shall also be issued to persons who qualify under the terms of this chapter. Such permit stickers shall be required for the use of municipal parking facilities located adjacent to a municipal beach.

§ 7-2 Qualifications for issuance.

[Amended 12-30-1974 by L.L. No. 9-1974]
A. 
An identification card shall be issued, upon application made to the Board of Trustees at the Village Hall and submission of satisfactory supporting documents, to any person who:
(1) 
Owns and occupies real property within the Incorporated Village of Bayville.
(2) 
Is a bona fide resident of the village.
(3) 
Is in possession of and legally occupies a private dwelling within the village under a verbal or written lease of a term of not less than three months. Applications for identification cards issued pursuant to this condition shall be accompanied by a copy of the written lease, signed by the property owner, or by a written and notarized letter of affidavit from the owner. The burden of proof with regard to legal occupancy shall be upon the applicant. The Village Clerk shall have the authority to issue an identification card or reject the application, with the right of appeal by the applicant to the Board of Trustees.
B. 
Individual identification cards shall be issued to each member of the family, 12 years of age or older, of any person who qualifies under Subsection A above.
C. 
Motor vehicle permit stickers shall be issued to each person who qualifies for an identification card under the provisions of Subsection A above.

§ 7-3 Use of beach by other persons.

[Added 12-30-1974 by L.L. No. 9-1974]
A. 
Identification cards shall not be issued to any person under 12 years of age, but nothing herein contained shall be deemed to prohibit children under 12 years of age from admittance to and use of a municipal beach, provided that such children are accompanied by a person over the age of 17 years who is the holder of a valid identification card. Such person shall assume full responsibility for the safety and conduct of the children he or she accompanies.
B. 
Guests of a family resident in the village shall be permitted the use of a municipal beach without obtaining an identification card, provided that such guests are accompanied by a member of the family who is the holder of a valid identification card and that not more than four guests shall be permitted at any one time.

§ 7-4 Fees.

[Amended 12-30-1974 by L.L. No. 9-1974]
At the time of application for an identification card, a service fee, set by resolution of the Village Board of Trustees, shall be charged to cover administrative expenses. No fee shall be charged for issuance of a motor vehicle permit sticker.

§ 7-5 Terms and conditions for identification cards and permit stickers.

[Amended 12-30-1974 by L.L. No. 9-1974]
A. 
Issuance of an identification card or motor vehicle permit sticker, or any other license or permit required by this chapter, shall authorize the use of municipal beaches and facilities accessory thereto only in strict accordance with the provisions of this chapter and any conditions which may be contained in said license or permit. Violations of this chapter, or any conditions of a license or permit, shall constitute grounds for revocation by the Board of Trustees.
B. 
All identification cards, motor vehicle permit stickers, licenses and permits issued under the provisions of this chapter shall be nontransferable.
C. 
Identification cards, motor vehicle permit stickers, licenses and permits shall be valid only for the period of time set forth thereon.

§ 7-6 Hours.

Municipal beaches shall be opened and closed at times set by the Board of Trustees. The opening and closing time for the various facilities shall be posted for the convenience of the public. No overnight parking, housing or camping shall be allowed.

§ 7-7 Responsibility for loss, damage or theft.

The village will not be responsible for loss, damage or theft to motor vehicles and their contents or to private property. Such loss, whether inside of buildings or on the grounds of the beach, shall be the responsibility of the patron.

§ 7-8 Bathing and swimming regulations.

No person shall bathe, wade or swim in any waters of a municipal beach, except at such times and places and in such modest attire as the Board of Trustees may designate. Designated bathing areas shall be kept free from any form of water equipment that may cause inconvenience or discomfort to bathers, except such equipment intended for the protection of life. Anyone swimming or bathing in any waters of the beach does so at his or her own risk. No person shall dress or undress at the beach or in the parking areas.

§ 7-9 Boating.

A. 
No person shall operate a boat, vessel or other watercraft or contrivance used or capable of being used as a means of transportation in water or air, upon any of the waters adjacent to the beach, which said operation causes discomfort, annoyance or inconvenience to any person or patron by reason of speed, noise, pollution or causing disturbance of the peaceful use of the waters by bathers. No boats shall be drawn up on the beach or stored on the beach at any time, except in that portion of the area reserved for boating and pursuant to a separate ordinance entitled "Municipal Boating Ordinance of the Incorporated Village of Bayville, Nassau County, New York."[1]
[1]
Editor's Note: See Ch. 9, Boats and Docks.
B. 
No person shall operate or cause to be operated within the waters adjacent to and within the beach area any boat, vessel or other craft or contrivance for the purpose of towing skiers or for any other form of aquatic sports or games.
[Amended 12-30-1974 by L.L. No. 9-1974]

§ 7-10 Use and occupancy of beach.

A. 
The person designated by the Board of Trustees to be in charge of a municipal beach shall designate the area to be occupied and he, or his assistants, shall regulate the use of recreation facilities under the supervision of the Board of Trustees, so as to prevent congestion and to promote the peaceful and orderly use of the beach. He shall distribute patrons of the beach over the beach area in order to ensure the maximum freedom and privacy in the use of the beach area. Organized picnics and outings shall be prohibited. Nothing in this chapter shall be construed to prohibit family picnics.
B. 
No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession at a municipal beach, except by special permit from the Board of Trustees.

§ 7-11 Fishing.

Fishing is prohibited in the vicinity of a bathing area during the bathing season.

§ 7-12 Taking of shellfish and worms prohibited.

No person shall take, in any manner, shellfish or worms from a municipal beach or land under water, above the mean low-water mark, during bathing season.

§ 7-13 Fires.

[Amended 6-15-2009 by L.L. No. 2-2009]
A. 
Legislative intent. The unrestricted burning in any open fire creates unreasonable risks of harm, damage to property, causes air pollution, and is generally an unhealthy and unsafe practice which shall be prohibited.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
COOKING DEVICE
A noncombustible, listed device for cooking food or meat. A listed cooking device shall be fueled by either natural gas, liquefied petroleum gas (LP gas), or commercial charcoal or briquette.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots, and similar devices associated with safety or occupational uses typically considered open flames. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
C. 
Open fires. It shall be unlawful for any person to kindle, build, maintain, authorize, use, allow or otherwise permit any bonfire or other open fire on any beach, street, road, land, including property privately owned, or on public grounds within the jurisdiction of the Village of Bayville, where such fire may endanger other property or create an unreasonable risk of harm, air pollution, and is otherwise unhealthy and unsafe except as follows:
(1) 
Outdoor picnic and barbeque fires on residential property in equipment with a total grate area not exceeding 10 square feet and designated to use charcoal or equipped with gas burners;
(2) 
Outdoor noncommercial picnic and barbeque fires in equipment provided by and located in Village parks where such fires are permitted by appropriate Village agencies;
(3) 
Official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the Fire Marshal;
(4) 
Fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the Board of Trustees.
D. 
Accumulations of combustible materials. No person shall permit to remain upon any roof or courtyard, vacant lot or open space any accumulation of waste paper, hay, grass, straw, weeds, litter, wood, or other combustible or flammable waste or rubbish whereby property is endangered.
E. 
Penalties. Any person who shall violate, or refuse or neglect to comply with any provision of this section shall upon conviction thereof, be punished by a fine of not less than $1,500 nor more than $2,500, or by imprisonment not exceeding 15 days, or by both, for a second offense; and by a fine of not less than $3,500 nor more than $5,000, or by imprisonment not exceeding 15 days, or by both, for a third or subsequent offense; and any such person shall also, for each offense, be subject to the payment of a penalty in the sum of $5,000, to be recovered in a civil action brought in the name of the Board of Trustees.

§ 7-14 Games and activities.

No person shall throw or use any type of ball, bean bag or other object, or play any ball game or other game, except in such places designated for such use, nor engage in toy aviation, kite flying, golf playing or driving golf balls.

§ 7-15 Camping.

No person shall tent or camp or erect or maintain a tent, lean-to, shelter or camp at a municipal beach.

§ 7-16 Animals.

No person owning or being custodian of any animal shall cause or permit such animal to enter a municipal beach.[1]
[1]
Editor's Note: See Ch. 23, Dogs, for further regulations.

§ 7-17 Soliciting and distribution of handbills prohibited.

No person shall solicit aims or contributions for any purpose. No person shall post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars or advertisements or any other matter for advertising purposes.[1]
[1]
Editor's Note: See also Ch. 38, Littering.

§ 7-18 Peddling.

No person shall hawk or peddle any produce, wares or merchandise within a municipal beach unless a special permit therefor shall have been issued at the discretion of the Board of Trustees.[1]
[1]
Editor's Note: See also Ch. 48, Peddling and Soliciting.

§ 7-19 Refuse and garbage; littering prohibited.

No person shall leave, throw, lay, drop or discharge into or on a municipal beach any tin cans, bottles, refuse, garbage, rubbish or waste. Papers, cartons or any other type of litter must be placed in receptacles for that purpose. Littering is strictly forbidden.[1]
[1]
Editor's Note: See also Ch. 38, Littering.

§ 7-20 Protection of property.

No person shall deface, injure, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or any material or substance; remove or destroy any structure, building or part thereof connected with a municipal beach or any other property or equipment, real or personal, owned by the Incorporated Village of Bayville, or under the jurisdiction and control of the Board of Trustees.

§ 7-21 Traffic control.

All ordinances of the Incorporated Village of Bayville regarding traffic and motor vehicles are applicable to a municipal beach area. In parking areas, all persons shall comply with the directions of parking attendants. The speed limit through a beach area shall be 10 miles per hour.[1]
[1]
Editor's Note: See also Ch. 75, Vehicles and Traffic.

§ 7-22 Conduct of patrons.

Every person shall conduct himself in an orderly manner and shall endeavor to cause no discomfort, annoyance or inconvenience to any other person or patron.

§ 7-23 Promulgation of rules and regulations.

The Board of Trustees is hereby granted the power to promulgate such reasonable rules and regulations, from time to time, as it may determine for the administration and enforcement of this chapter, such regulations to be made public by posting in a conspicuous place in or about the boating and bathing areas, and filed with the Village Clerk for inspection by licensees during regular business hours.

§ 7-23.1 Enforcing authority.

[Added 12-30-1974 by L.L. No. 9-1974]
Any member of the Village Board, duly authorized officers or agents of the Village Board, or any member of the Nassau County Police Department, is empowered to enforce the provisions of this chapter.

§ 7-24 Penalties for offenses.

[Amended 10-27-1980 by L.L. No. 6-1980]
Any person committing an offense against any provision of this chapter shall, upon conviction, 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.