[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 5-11-1955. Amendments noted where applicable.]
[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.
[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.
[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.
[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.
[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.
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.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 to cover the private parts of a body. 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.
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]
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]
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.
Fishing is prohibited in the vicinity of a bathing
area during the bathing season.
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.
[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.
BONFIRE
COOKING DEVICE
OPEN BURNING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor fire utilized for ceremonial purposes.
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.
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 barbecue 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.
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.
No person shall tent or camp or erect or maintain
a tent, lean-to, shelter or camp at a municipal beach.
No person owning or being custodian of any animal
shall cause or permit such animal to enter a municipal beach.[1]
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]
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]
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]
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.
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]
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.
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.
[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.
[Amended 10-27-1980 by L.L. No. 6-1980; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Except for the penalties provided in § 7-13 hereof, 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 $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
