[HISTORY: Adopted by the Town Board of the Town of Smithtown 5-22-1984. Amendments
noted where applicable.]
A.
Except as otherwise provided, only residents or taxpayers of the
Town of Smithtown may use the Town parks and beaches, the adjoining
parking fields, the boat loading and unloading ramps and other facilities
contained within or adjacent thereto.
[Amended 7-27-2004]
B.
No person shall be admitted to any park or beach who is under the
age of six years unless accompanied by an adult. The accompanying
adult shall assume full responsibility for the conduct and safety
of such minor by his or her entry into the park or beach.
C.
No person
shall use an electronic cigarette ("vape") or smoke or possess a lighted
cigarette, cigar, pipe or other smoking instrument in any Town park,
beach, playground or facility; or in or within 50 feet of any Town
building.
[Added 8-14-2012; amended 2-4-2020 by L.L. No. 5-2020]
No person in a park or beach shall:
A.
Willfully mark, deface, disfigure, damage, displace or remove or
otherwise tamper with structures or equipment, facilities or property
or parts of appurtenances thereof, whether temporary or permanent.
B.
Remove down timber or other wood or materials.
C.
Construct or erect any structure, whether temporary or permanent,
or install any public service utility, without a written permit from
the Town Parks Supervisor.
No person in a park or beach shall:
No person in a park or beach shall:
A.
Hunt or trap, or otherwise willfully kill, harm, frighten or molest
or have in his or her possession the nest, eggs or young of any mammal
or bird.
B.
Give or attempt to give or offer any tobacco, alcohol, drugs, or
any other noxious, offensive or poisonous substances to any animal,
mammal or bird.
No person in a park or beach shall:
A.
Throw, discharge or otherwise place or cause to be placed in the
waters of the Long Island Sound or any fountain, pool or lake in or
adjacent to any park or beach or in any tributary, storm sewer or
drain flowing into such waters any substance, matter or thing, liquid
or solid.
B.
Bring in or drop, deposit or leave any dirt, garbage or rubbish anywhere
on park or beach grounds, except in the proper receptacles where these
are provided.
C.
Defecate or urinate in any location except in public or private rest
rooms and in designated toilets or urinals, nor shall anyone fail
to leave washrooms and rest rooms in a neat and sanitary condition
after use.
[Amended 1-9-1990]
No person in a park or beach shall:
A.
Fail to comply with all of the applicable provisions of the Uniform
Traffic Code of the Town of Smithtown as it relates to the equipment
and operation of vehicles.
[Amended 1-9-1990]
B.
Fail to obey any Town employee who is hereby authorized and instructed
to direct traffic and parking in the parks and beaches and on the
highways, streets and roads immediately adjacent thereto under the
direction of the Town Parks Maintenance Director or Director of the
Department of Public Safety.
[Amended 1-9-1990; 9-7-1993; 3-22-1994]
C.
Fail to observe temporary or permanent traffic and parking signs
and other signs posted at the direction of the Town Parks Maintenance
Director, the Department of Public Safety or Traffic Safety Director.
[Amended 1-9-1990; 3-22-1994]
D.
Fail to notify a Town employee of an emergency in the nature of a
breakdown requiring the assistance of a tow truck and/or mechanic.
E.
Use an established or designated parking area or any other location
to wash, wax, perform maintenance or repair his or her or any other
vehicle, except emergency repairs.
F.
Park overnight, except that overnight parking at Town beaches will
be permitted for vehicles of campers, boaters and fishermen with permits
issued by the Town Clerk or the Town Parks Maintenance Director and
displaying official Town parking permits or vehicles bearing Smithtown
Bay Yacht Club stickers. Overnight parking of vehicles by campers,
boaters or fishermen pursuant to this subsection shall only be authorized
while occupants of the vehicles are actively engaged in such permitted
activity.
[Amended 6-28-2005]
G.
Drive any vehicle on any area except a paved road or established
parking area or such other area as may be specifically designated
by the Town Parks and Beaches Supervisor.
A.
Bicycles.
(1)
Bicycles may be ridden only on paved roads or paths designated for
that purpose, in single file and as close to the right-hand side of
the paving as conditions permit.
(2)
Bicycles may be walked or pushed by hand over any grassy area, wooded
trail, established or designated parking area or paved area designated
for pedestrian use.
(3)
No person shall ride any other person on a bicycle nor ride a bicycle
between 30 minutes after sunset and 30 minutes before sunrise without
an attached headlight visible at least 200 feet in front of, and a
red taillight or reflector visible at least 100 feet to the rear of,
such bicycle.
(4)
No person shall leave a bicycle in a place other than a bicycle rack
when such is provided and there is a space available nor leave a bicycle
lying on the ground or in any other place or position where other
persons may collide with or be otherwise injured by it.
B.
Overflights. Overflights of the parks, beaches, waters or waterways
of the Town of Smithtown by ultralight powered flight vehicles at
an altitude of less than 500 feet or by manned gliders, kites or other
unpowered flight vehicles at any altitude are prohibited.
A.
Bathing and swimming. No person in a park or beach shall:
(1)
Swim, bathe or wade in any waters or waterways in or adjacent to
any park or beach except in such places as are designated for such
purposes and in compliance with the provisions of the Code of the
Town of Smithtown and such supplementary regulations as may be issued
by the Town Parks Maintenance Director.
[Amended 3-22-1994]
(2)
Swim, bathe or wade in designated waters or waterways at hours of
the day other than those designated by the Town Parks Maintenance
Director or at times when such activity has been prohibited by the
Director upon his finding that such would be dangerous or otherwise
inadvisable.
[Amended 3-22-1994]
(3)
Use any type of water equipment or other floating object or form
of device that is prohibited by the Town Parks Maintenance Director
upon his finding that such would cause inconvenience, injury or discomfort
to bathers, except if such equipment is designed and intended for
the protection of life.
[Amended 3-22-1994]
(4)
Dress or undress on any beach or in any park, vehicle, washroom,
rest room, walkway, road or among shrubbery or trees or any place
open and subject to public view in any Town park or beach. Dressing
or undressing shall take place in bathing houses or structures as
may be specifically provided for that purpose.
[Amended 1-9-1990]
(5)
Bring into or operate in or adjacent to any park or beach any boat,
raft or other watercraft or fish in any waters or waterways designated
for swimming, bathing or wading.
B.
Peace and good order.
[Amended 7-22-1986; 1-9-1990]
(1)
Indecent exposure prohibited. It shall be unlawful for any female
person to appear on a public beach or park or walk or road or among
shrubbery or trees or any place open and subject to public view in
the Town's parks and/or beaches clothed or costumed in such a manner
that the portion of her breast below the top of the areola is not
covered with a fully opaque covering or in such manner that her genitals,
pubic area or buttocks are not covered with a fully opaque covering.
It shall be unlawful for any male person to appear on a public beach
or park or walk or road or among shrubbery or trees or any place open
and subject to public view in the Town's parks and/or beaches clothed
or costumed in such a manner that his genitals, pubic area or buttocks
are not covered with a fully opaque covering.
(2)
Excessive noise prohibited. No person shall, by the use of apparatus
such as radios, cassettes, tape players or similar sound-producing
devices or otherwise, cause loud, disturbing or excessive noises at
Town beaches and parks, and such devices shall not be permitted to
be used in areas designated at Town beaches as "radio-free zones."
[Amended 1-9-1990]
No person in a park or beach shall use, carry or possess firearms
of any description or kind or air rifles, spring guns, bows and arrows,
slings, BB guns or other forms of weapons or any kind of trapping
devices potentially dangerous to humans and wildlife; nor shall any
person use, carry or possess any instruments that can be loaded with
and fire blank cartridges; nor shall any person shoot or propel any
type of missile into parks or beaches from areas beyond their boundaries.
No person in a park or beach shall bring in or have in his possession
or set off or otherwise cause to explode or discharge or burn any
firecracker, torpedo, rocket or other fireworks or explosive or flammable
material or any substance, compound, mixture or article that, in conjunction
with any other substance or compound, would be dangerous nor throw
the same into any park or beach from land or a highway or water or
waterway adjacent thereto.
No person shall take part in or about the playing of any games
involving thrown or otherwise propelled objects, except in areas set
forth for that purpose. The conduct of team sports, such as football
or baseball, is prohibited except on the fields or courts or other
type of playing areas provided therefor.
No person shall ride a horse, except on designated bridle paths
and provided that the animal shall be properly broken and restrained
and ridden with due care for the safety of other members of the public.
No person in a park or beach shall:
A.
Enter or remain therein while under the influence of intoxicating
liquor or nonprescribed controlled substances.
B.
Sleep or protractedly lounge on the seats or benches or other areas.
C.
Use loud, boisterous, threatening, abusive, insulting or indecent
language.
D.
Engage in any disorderly conduct or behavior tending to a breach
of the peace.
E.
Gamble or participate in or abet any game of chance.
F.
Disturb or interfere unreasonably with any group of persons occupying
any area or participating in any activity under a permit.
G.
Fail or refuse to produce a permit or identification when requested
to do so by any Town employee who desires to inspect the same for
the purpose of enforcing any ordinance or rule.
H.
Hold any meeting, make a speech or address, exhibit any performance
or form any parade or procession in any park or beach without a permit
from the Town Parks Maintenance Director.
[Amended 3-22-1994]
I.
Solicit alms or contributions for any purpose, whether public or
private, without a written permit from the Town Parks Maintenance
Director.
[Amended 3-22-1994]
J.
Bring a dog, except a guide dog, hearing dog or other dog actually
used to aid the disabled, or other domestic animal into any Town park
at any time nor to any Town beach during the period from April 1 to
September 30, except in designated areas, such as dog parks, where
dogs shall be permitted.
[Amended 1-9-1990; 11-30-2017 by L.L.
No. 6-2017]
K.
Bring to any Town park and beach any container, receptacle or bottle
comprised of glass or glassware.
L.
By the use of apparatus such as radios, cassette tape players, bullhorns
or similar sound producing devices or otherwise, cause loud, disturbing
or excessive noise at Town beaches and parks. No such device shall
be permitted to be used in any area designated at any Town beach or
park as a "radio-free zone."
[Added 7-22-1986; amended 1-9-1990]
[Amended 3-22-1994]
No person shall bring alcoholic beverages into or drink alcoholic
beverages within the Town's parks or beaches, except that, under the
regulations and control of the Town Parks Maintenance Director:
A.
Sales of alcoholic beverages in individual servings and not in original
packages or bulk will be permitted at designated recreation centers
or refreshment stands where concession privileges have been granted.
B.
Any person or groups of persons who have obtained a permit under § 101-18 may bring alcoholic beverages into parks or beaches for consumption only by such person or members of such group and consumption shall take place only in designated picnic areas.
C.
The marina concession stand at Long Beach may sell alcoholic beverages
in their original packages or in bulk for consumption only on the
patrons' boats.
No person in a park or beach shall:
A.
Picnic in a place other than those designated for that purpose by
the Town Parks Maintenance Director.
[Amended 3-22-1994]
B.
Reserve or attempt to reserve or prohibit the use by others of fireplaces,
tables or beaches. All facilities are on a first-come-first-serve
basis.
C.
Exclude others from any portion of the picnic areas or of any of
the buildings or structures therein.
D.
Retain the use of an area and facilities for an unreasonable time
if the park or beach is crowded.
E.
Ignite or maintain a fire on any beach except in designated areas
at Short Beach, Landing Avenue Park, Callahan's Beach, Schubert Beach/Park,
Bill Richards Park, Hoyt Farm and Veterans Memorial Park, or in other
than a fireplace in any park, or leave a fire which has not been completely
extinguished.
[Amended 12-10-1996]
[Amended 1-9-1990; 6-9-1992; 3-22-1994; 6-11-1996; 12-10-1996; 4-14-2009; 12-11-2012; 12-17-2019]
No camps of any description are to be maintained in any park
or beach without first filing an application and obtaining a permit
from the Town Parks Maintenance Director. Such permits may be granted
on a first-come-first-serve basis as space limitations prove. The
fee for said camping permit shall be payable in advance at a rate
of $35 per permit per day (maximum 10 persons per permit). Fees may
be changed from time to time at the discretion of the Town Board.
[Amended 3-22-1994; 10-25-2012]
A.
No person in a park or beach shall:
(1)
Display or offer for sale any article, nor shall he or she station
or place any stand, cart or vehicle for the transportation, sale or
display or any such article within a park or beach.
(2)
Announce, advertise or otherwise call public attention in any way
to any article or service for sale or hire.
(3)
Post any sign, placard, advertisement or inscription without a written
permit from the Town Parks Maintenance Director.
(4)
Use any park or beach property for commercial, business or professional
purposes involving the sale of any article or the rendering of any
service for a fee, except for those activities as may be authorized
and defined by the Town Board by license, concession or permit.
B.
The provisions of this section shall not apply to any established
nonprofit group organized and operated exclusively for religious,
cultural or charitable purposes, if the solicitations are conducted
among the members or officers of the group and there is no remuneration
for taking such solicitations and with the expressed written permission
of the Town Parks Maintenance Director.
[Amended 3-22-1994; 6-11-1996; 12-10-1996]
A.
Groups of 11 or more persons must obtain a permit to use the parks
and beaches payable in accordance with the following schedule:
[Amended 5-27-2003; 4-14-2009; 12-11-2012; 12-17-2019; 9-22-2022 by Res. No. 2022-845]
|
Number of People
|
Fee
|
|---|---|
|
Town park facilities
| |
|
Schubert Beach and Hoyt Farm Pavilion
| |
|
11 to 50
|
$125
|
|
51 to 100
|
$250
|
|
People exclusively under pavilion: Schubert's
|
$350
|
|
101 to 200 – Hoyt
|
$350
|
|
201 to 300
|
$450
|
|
301 to 400
|
$550
|
|
401 to 500 – whole picnic area: Schubert's
|
650
|
|
For each additional 100 thereafter
|
$100
|
|
Long Beach facilities
| |
|
Large pavilion
| |
|
11 to 50
|
$125
|
|
51 to 100
|
$250
|
|
101 to 200
|
$350
|
|
Small pavilion (water view)
| |
|
11 to 25
|
$100
|
|
Picnic areas - no pavilion
| |
|
11 to 50
|
$100
|
|
51 to 100
|
$150
|
|
101 to 200
|
$250
|
|
201 to 300
|
$350
|
|
301 to 400
|
$500
|
|
Other Town beach facilities
| |
|
11 to 50
|
$50
|
|
51 to 100
|
$100
|
|
101 to 200
|
$225
|
|
201 to 300
|
$325
|
|
301 to 400
|
$500
|
|
For each additional 100 thereafter
|
$100
|
B.
The application must be filed by an adult resident of the Town of
Smithtown with the Town Parks Maintenance Director, who will then
issue the permit, subject to the following conditions:
(1)
The applicant must accept responsibility for the conduct of members
of the group and assume liability for any and all injuries to persons
or property arising from the acts of any members of the group.
(2)
The group's activities must be restricted to areas designated for
such purposes.
(3)
The permit will specify the facility for which it was granted but
does not give the group exclusive use of the same.
(4)
All automobiles used by members of the group must bear the official
Town parking permit or season permit. The fee for nonresident parking
at facilities designated by the Town Parks Maintenance Director, on
a per-vehicle basis, shall be $12 per vehicle, per day, for Town park
facilities and $12 per vehicle, per day, for Town beach facilities.
Fees may be changed from time to time at the discretion of the Town
Board.
[Amended 4-14-2009; 12-11-2012]
(5)
Town Parks Maintenance Director or his authorized representative
may require the surrender of permits issued under this section for
violation of any of the provisions of this chapter.
(6)
Any and all permits for the use of Town parks and beaches may be
revoked at any time at the discretion and direction of the Town Parks
Maintenance Director.
(7)
The permit shall expire 1/2 hour after sunset of the day for which
it was granted.
(8)
Any person or group of persons wishing to bring alcoholic beverages into parks or beaches for consumption therein shall apply to the Town Parks Maintenance Director who shall issue a permit which shall allow them to consume such beverages in designated picnic areas only, subject to all the conditions of this § 101-18.
A.
The Town Parks Maintenance Director may close any section or part
of any park or beach entirely or merely to certain uses, for any interval
of time, either temporarily or at regular and stated intervals.
[Amended 3-22-1994]
A.
No person shall park any motor vehicle at any time in the parking
fields adjoining the Town parks and beaches or elsewhere within the
confines of said parks and beaches, unless the vehicle bears a sticker
duly issued by the Town Clerk or the parking of the vehicle at such
locations is otherwise authorized. Residents or taxpayers of the Town
of Smithtown may obtain such stickers from the Town Clerk, or such
Town employee as he or she may designate, for all motor vehicles owned
by the resident or taxpayer or provided by his or her employer. Each
sticker shall be permanently affixed to the window of the motor vehicle
for which it was issued. Stickers lost or defaced may be reissued
upon surrender of the permit registration. All such stickers will
only be deemed valid during the time period designated on the face
thereof.
[Amended 7-27-2004]
B.
[1]Any person, who is not a resident or taxpayer of the Town
of Smithtown, displaying a parking sticker or any resident or taxpayer
who obtains more than one parking sticker per motor vehicle without
surrendering his or her permit registration for reissue due to loss
or defacement shall be subject to a fine of $50.
[Amended 1-9-1990]
C.
Any person, who is not a resident or taxpayer of the Town of Smithtown,
who holds a parking permit card or any resident or taxpayer who holds
more than one parking permit card shall be subject to a fine of $50.
[Amended 1-9-1990]
Any resident or taxpayer of the Town of Smithtown shall be allowed,
as his or her guests, the occupants of any motor vehicle in which
he is a passenger and for which he holds a parking sticker or card.
No fee shall be required for any such guest.
[1]
Editor's Note: Former § 101-22, Season permits;
fee, was repealed 3-21-2024 by L.L. No. 8-2024.
A.
The Town of Smithtown shall not be responsible in any manner for
the damage or theft of any personal articles from any location on
parks and beaches or the damage or theft of any motor vehicle while
upon any of the parks or beaches or adjacent roadways.
B.
The Town of Smithtown shall not be responsible for any injuries as
a result of the use of the Town parks and beaches, which is an assumption
of the risk by the user.
A.
The Town Board of the Town of Smithtown may dedicate portions of
parks and beaches or other land owned by the Town to a nature preserve
for the purpose of preserving and protecting scenic values, unique
flora or fauna, geological formations or other natural features, which
land shall not thereafter be disposed of or used for any other purpose.
If the title to land has been acquired by the Town of Smithtown through
philanthropy, however, donors shall have the right to designate into
which of the classification areas hereinafter set forth the land will
be placed.
B.
Land endowed to the Town for purposes of protection, maintenance
or development and conservation or scenic easements may also be included
in nature preserves.
C.
The following classification areas may be included in a nature preserve:
(3)
Buffer areas:
(a)
Shall be located between differing classification areas or between
any classification area and active recreation areas of parks and beaches
or existing zoned land and shall be left in their natural state.
(b)
May not be used by any person for any purpose other than ingress
and egress to or from other areas or lands, through designated corridors.
D.
All other sections of this chapter applying to the use of Town parks
and beaches shall apply to the use of nature preserves, except where
the provisions of this section are more restrictive.
A.
In view of the danger of erosion caused thereby, no person shall
move, remove or destroy any grass or natural growth of vegetation
whatsoever from any lands in the Town of Smithtown on the beaches,
dunes and cliffs adjacent to the Long Island Sound, except as herein
provided. This prohibition shall apply to an owner of the whole or
of any interest in said lands, to any lessee, tenant or occupant thereof
and to any person whatsoever, whether or not legally or illegally
upon said lands.
B.
Application for permit.
[Amended 5-8-2007]
(1)
The Building Director of the Town of Smithtown is hereby authorized
and empowered to issue a written permit for the taking, destroying,
moving, transplanting or replanting of beach grass or natural vegetation
in the beach areas, subject to any rules and regulations adopted by
the Town Board of the Town of Smithtown, if the issuance of the permit
will not cause or contribute to the erosion of said lands.
(2)
An applicant for a permit shall file with the Building Director of
the Town of Smithtown a verified application, in duplicate, for such
permit. The application shall set forth:
(a)
The name of the applicant.
(b)
His or her interest in the area concerned.
(c)
If the applicant is not the owner, his or her right or authority
to do the work under the permit.
(d)
A description of the area concerned.
(e)
The reason for the application.
(f)
If the area concerned is to be improved with a structure, an
agreement to replant the adjacent area, or, if the area concerned
is not to be improved, an agreement to replant the area from which
the beach grass or vegetation is removed.
(g)
The time within which the work under the permit will be commenced
and completed.
(h)
An agreement to comply with the requirements of the Building
Director of the Town of Smithtown and any rules and regulations adopted
by the Town of Smithtown pursuant hereto.
[Added 12-11-1984]
Payment of the following fees shall be required for purposes
of gaining admission to the educational programs offered at Hoyt Farm:
[Added 4-14-2009[1]]
No association, organization, or group of 15 or more persons
shall make use of or attempt to make use of any Town recreational
field without first filing a written application and obtaining a recreational
field permit from the Town Recreation Department, together with payment
of any charge or fee as may be fixed by resolution of the Town Board.
Town recreational fields shall include any Town-operated field utilized
for baseball, softball, soccer, football, lacrosse or other similar
athletic activity.
[Added 4-14-2009]
The Town Board may modify, from time to time, any charge or
fee set forth under this chapter by Town Board resolution.
[Amended 1-9-1990; 7-14-1992]
Any person, firm, association or corporation violating any of
the provisions of any ordinance of the Town of Smithtown shall be
guilty of an offense punishable by a fine or imprisonment, or both.
However, for the purposes of confirming jurisdiction upon courts and
judicial officers, such violations shall be deemed to be a misdemeanor,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a sum not exceeding $250 for the first such violation or imprisonment
not exceeding 15 days; and up to and not exceeding $1,000 for any
subsequent violations. In addition to such fine, the defendant shall
pay all costs and expenses incurred by the Town in determining such
violation. The foregoing shall be in addition to all other remedies
available under law to the Town or the Town Board.
