[1]
Editor’s Note: This local law repealed former Part 1,
General Provisions, adopted 4-24-1951 by Ord. No. 29, effective 4-24-1951,
as amended, which repealed ordinance adopted 6-8-1937, effective 6-8-1937.
Unless otherwise expressly provided, the following words, for
the purpose of this article, shall bear the meaning herein indicated:
A person 18 years of age or older.
The executive officer of the Department of Parks and Recreation
or his duly authorized representative
[Added 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974]
The executive officer of the Department of Parks and Recreation
or his duly authorized representative.
A park operated as a special district of the Town of Hempstead.
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of solid nicotine or any liquid. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes,
vape pens or under any other product name.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product approved
by the United States Food and Drug Administration for sale as a drug
or medical device and which is being marketed and sold solely for
that approved purpose. Nicotine delivery products include, but are
not limited to, e-cigarettes.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
Includes all parks, playgrounds, athletic fields, swimming
pools, beaches, boardwalks, golf courses and other recreation areas,
or any part or portion thereof, under the jurisdiction of the Town
Board, operating under a special district or otherwise, and such other
sites and appurtenances as the Director shall utilize, whether the
same be now or hereafter owned or acquired by the Town of Hempstead
in fee or otherwise, including all land under and space above the
surface of the ground, to include any part or portion thereof.
The inhaling, exhaling, burning or carrying of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form. Smoking includes the use of electronic cigarettes,
vaping devices, personal vaporizers or any electronic nicotine delivery
system or any device which simulates tobacco smoking.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
The Town of Hempstead.
A person shall not post, distribute, cast or leave about any
bills, placards, tickets, handbills, circulars, advertisements in
any form or any other matter for advertising purposes directly in
or in the immediate vicinity of any park, unless duly authorized and
upon such consideration being paid as the Town Board or Director shall
determine.
[Amended 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
A person shall not bring or consume or possess with the intent
to consume any liquor, ale, beer, wine, spirits or other alcoholic
beverages in a keg, case, can, bottle or other container into any
park unless authorized to do so by the Town Board or Commissioner,
and subject to rules and regulations with respect thereto as may be
promulgated by the Town Board or Commissioner.[1]
[Added 11-23-2010 by L.L. No. 78-2010, effective 12-7-2010; amended 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
The Town Board, recognizing the health risks posed by use of
nicotine, a highly addictive substance, and further recognizing the
problematic nature of enforcing dissimilar restrictions on the smoking
of electronic cigarettes versus traditional smoking, finds that it
is in the best interest of the Town of Hempstead to prohibit the smoking
of electronic cigarettes within Town parks, except in the areas that
have been designated as smoking areas, and reaffirm the prohibition
of smoking in parks and recreation facilities except in designated
locations.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
It shall be a violation of this chapter for any person to smoke
or carry any lighted smoking substances or other smoking devices,
including but not limited to cigarettes, electronic cigarettes, cigars,
pipes and the like, at any park within the Town of Hempstead, including
indoor and outdoor locations, except in designated smoking areas as
indicated by posted signs.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
Notwithstanding the provisions of this chapter, the Commissioner
may designate one or more outdoor areas at any Town Park as a "smoking
area." In such designated smoking area, smoking, including the use
of electronic cigarettes, shall be permitted.
[Added 5-22-2018 by L.L.
No. 44-2018, effective 6-6-2018]
The Commissioner shall install, or cause to be installed, signage
to comply with the provisions of this chapter, which shall be prominently
and conspicuously posted where smoking, including the use of electronic
cigarettes, is either prohibited or permitted by this local law.
[Added 2-26-2019 by L.L.
No. 14-2019]
A.
Legislative intent. It is the purpose of this section to protect
the public interest, welfare, health and safety within the Town of
Hempstead by prohibiting the smoking of, consumption of, or publically
displaying of marijuana or marijuana products in Town of Hempstead
parks and park district parks, marinas and beaches. Similar to open
alcohol containers, the Town Board finds that the smoking of, consumption
of, or publically displaying of marijuana or marijuana products in
Town of Hempstead parks and park district parks, marinas, and beaches
leads to drug use in our parks, marinas, and beaches drug use by minors,
disorderly conduct, disturbance of the public peace, littering of
the parks, marinas and beaches, and destruction of park, marina, and
beach property. The Town Board finds further that preservation of
the public health, and prevention of conditions which lead to conduct
disturbing the public peace attributable to the smoking of, consumption
of, or publically displaying of marijuana or marijuana products can
be accomplished by the prohibition of the smoking of, consumption
of, or publically displaying of marijuana or marijuana products in
Town of Hempstead parks and park district parks, marinas, and beaches.
B.
MARIJUANA
MARIJUANA PRODUCT
Definitions. Unless otherwise expressly provided, the following words,
for the purpose of this section, shall bear the meaning herein indicated:
Same definition ascribed to "marihuana' in NY Public Health
Law § 3302: all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination.
Marijuana and/or any material, substance or thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount of concentration.
C.
Prohibition. It shall be a violation of this chapter for any person
to smoke, consume, show, display, or carry in plain sight marijuana
or marijuana products in any Town of Hempstead park or park district
park, marina or beach, including indoor and outdoor locations.
D.
Signage. The Commissioner shall install prominent and conspicuous
signage advising park, marina or beach patrons of the prohibitions
of this section. Inadequacy of signage or lack of signage shall be
no defense to a violation of this section.
E.
Conformity with applicable law. Nothing herein shall be construed
as enforceable in any manner which shall violate or be preempted by
federal, state, or other applicable law.
Animals shall not be permitted in any park, unless authorized
to do so by the Town Board or Director, and subject to rules and regulations
with respect thereto as may be promulgated by the Town Board or Director.
A person owning or having custody of any animal shall not cause or
permit such animal to enter any park.
A.
Any applicant who shall have been denied an official identification
under this article by the Director, or any applicant who shall have
had an official identification revoked or suspended, may petition
the Town Board for a review of the action of the Director by a Review
Board designated by the Supervisor to proceed as hereinafter provided.
B.
Such petition shall be verified and shall state the ground or grounds
upon which the applicant claims that the determination of the Director
was erroneous, arbitrary or capricious.
C.
Such petition shall be filed with the Town Clerk within 20 days after
notice of denial of the application, or within 20 days after notice
of any revocation or suspension of the official identification has
been mailed to the applicant or delivered in person by the Director.
D.
After the filing of the petition, a review board consisting of three
members of the Town Board shall hold a hearing thereon pursuant to
the provisions of this article.
E.
Whenever it shall be provided herein that a hearing shall or may
be held on a date, place and hour designated by a Review Board, the
Town Clerk shall give notice thereof, stating the name and address
of the applicant concerned, the subject matter of the hearing and
the date, place and hour designated therefor, by mailing a copy thereof
to the applicant concerned at the address shown upon the application
of such applicant at least 10 days before such hearing.
F.
Upon any hearing, the applicant involved shall be entitled to be
represented by legal counsel and to present whatever competent and
material testimony or other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
G.
At the hearing, the Review Board shall consider the applicants petition
upon the record before the Director in relation to the Director's
consideration thereof, and in its discretion may receive new or additional
evidence in support or opposition thereof.
H.
The Review Board, after such hearing, may affirm the action of the
Director or require him to issue an official identification, pursuant
to this article.
A.
A person shall not bathe, wade or swim in any waters of any park
or pool except at such times and places and in such proper attire
as the Town Board or Director shall designate.
B.
A person shall not bathe, wade or swim in any waters of any park
or pool if, in the opinion of the lifeguard on duty, conditions therein
are unsafe for bathing or swimming.
C.
Except in the case of the use of life-saving equipment by Town park
personnel, or as otherwise provided herein, a person shall not use
tubes, floats, surfboards, swim fins, aqualungs or skin-diving equipment
of any kind, or any inflatable or buoyant objects or artificial or
mechanical aids or devices for swimming or diving, in the waters of
any park or pool.
D.
The Director may designate and post special areas where water equipment,
surfboards and other floating objects may be used in compliance with
rules and regulations pertaining to their use.
E.
Surfing by any person shall not be permitted until a Town surfing
permit has been obtained and for which full payment has been made.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
F.
Surfing shall be permitted only when a lifeguard is on duty. A person
must report to the lifeguard stand before entering the water to surf.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
G.
A person must use shock cords when surfing.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
H.
When surfing, a person must strictly adhere to the designated hours,
rules and regulations posted by lifeguards.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
A.
Cabanas shall not be occupied by the tenant until a permit therefor
is obtained and paid for in full.
B.
Cabanas shall not be sublet and shall be used for bathing and beach
purposes only.
C.
A cabana is rented to the tenant only and shall not be occupied by
guests unless at least one adult member of the tenant family is present.
For the personal comfort and welfare of all the tenants, the cabana
is not to be occupied at any one time by more than a reasonable number
of people.
D.
Electrical appliances, other than refrigerators, will not be allowed
in the cabana. The use of a small charcoal burner for picnic cooking
is permitted when such burner is placed in the sand outside of the
cabana sidewalk; charcoal fires must be completely extinguished before
the tenant leaves the cabana.
E.
There shall be no dishwashing in the cabanas; the tenant shall use
disposable dishware.
F.
Washbowls in comfort stations shall not be used for laundering purposes.
G.
The use of a cabana shall be limited to the hours of 8:00 a.m. to
11:00 p.m., or such hour of closing as may be designated by the Town
Board or the Director.
H.
Children under 10 years of age will not be admitted into the cabana
area unless accompanied by an adult.
I.
Each tenant is responsible for proof of residence.
J.
Housekeeping of the cabana interior is the responsibility of the
tenant, and inspections thereof may be made periodically by an authorized
representative of the Town for health and safety purposes.
K.
The tenant shall abide by all the rules and regulations as set forth
by the Town Board or the Director.
L.
An infraction of any rule or regulation by the tenant or persons
for whom the tenant is responsible, by reason of guest status, shall
be cause for revocation of the tenant's license.
A.
A person shall not tent, camp, erect or maintain a tent, shelter
or camp in any park except in areas which shall be designated by the
Town Board or Director for such purpose. Camping in such designated
areas shall require written permission from the Town Board or Director.
A.
A person shall not disobey a lawful order of a Town of Hempstead
Safety Department patrolman or any authorized law enforcement officer,
or any person employed in the Department of Parks and Recreation in
a supervisory capacity, or the directions of any park sign; throw
stones or other missiles; interfere with, encumber, obstruct or render
dangerous any drive, road, path, walk or area of a park; climb upon
any wall, fence, shelter, cabana or other structure not intended as
climbing apparatus; enter or leave any park area except at established
entranceways or exits; introduce, carry or fire any fireworks; engage
in, instigate, aid or encourage a contention or fight, whether or
not a ring or prizefight; assault any person; spit on any walk, platform
or stairway; or urinate or defecate except in public restrooms.
[Amended 11-10-2009 by L.L. No. 91-2009, effective 11-24-2009]
B.
A person shall not make excessive noise which would create a nuisance
and prevent park patrons or residents of the area surrounding the
park from participating in their usual activities.
A.
A person shall not kindle, build, maintain or use a fire anywhere
within any park, except in fireplaces provided for that purpose by
the Department of Parks, or in portable grills provided by owners
thereof for use in designated areas. Any fire shall be continuously
under the care and direction of an adult from the time it is kindled
until it is extinguished, and no fire shall be built within 10 feet
of any tree or building, or beneath the branches of any trees or in
any underbrush. A person shall not throw away or discard any lighted
match, cigar, cigarette or other lighted object. Such objects shall
be deposited in suitable receptacles.
B.
A person shall not dump, lay or place any hot coals, ashes or embers
upon or under the sand.
Fishing is prohibited in any park area during the bathing season,
except as otherwise designated and posted by the Town Board or Director.
The following activities are prohibited in any park, except
in areas designated and posted by the Director: throwing or using
any type of ball, bean bag, frisbee, knife, missile or other object;
playing any ball game; flying any model aircraft of any size; engaging
in kite flying or model boating; riding bicycles, scooters, go-carts,
motor bikes, motorcycles, beach buggies or other such vehicles other
than on roads; roller skating, skate-boarding; engaging in archery;
using air rifles, pistols, BB guns or any type of firearm or other
such device or instrumentality which may create a hazard to person
or property or which may cause a nuisance or discomfort to any person.
A.
The Town will not be responsible for loss, damage or theft of motor
vehicles or other personal property brought into any park, unless
said property is received by authorized Town personnel at designated
facilities provided for that purpose under an agreement by the Town
in writing to accept such responsibility, and in no event shall the
Town's liability exceed the sum of $150.
B.
Persons checking clothing and parking motor vehicles, pursuant to
rules and regulations in force at any park, do so at their own risk
and without any liability on the part of the Town unless specifically
assumed pursuant to the provisions hereof.
A.
All persons who desire to use the facilities of any park must first
obtain an official identification which shall be made upon a form
furnished by the Director at the Town Hall, Hempstead, New York, or
at any park or other location as shall be designated by the Town Board
or the Director. If the Director shall find from the statements contained
in said application that the applicant is entitled under this article
to use the facilities of the park applied for, then the Director shall
issue an official identification to said applicant.
B.
An official identification shall authorize the holder thereof to
use park facilities in accordance with the terms and conditions to
which the official identification relates.
C.
There shall be no refund in whole or part of season fees for the
use of the facilities of a park after the official date of opening
of such park, unless authorized by the Town Board for an equitable
reason.
D.
The making of a material false statement in an application for an
official identification shall constitute grounds for revocation or
suspension of the official identification by the Town Board or Director.
E.
An infraction against any rule or regulation governing the use of
a park facility shall constitute grounds for revocation or suspension
of the official identification by the Town Board or Director.
F.
Official identification is not transferable and any attempted alteration
or transfer is void, and any such attempt shall constitute grounds
for revocation or suspension of the official identification by the
Town Board or Director.
G.
If an official identification is revoked or suspended pursuant to
the provisions of Paragraphs D, E or F hereof, there will be no refund
of any charges or fees paid by the offender.
A.
Unless otherwise provided for in this article, a park shall be opened
and closed at the time and hour designated therefor by the Town Board,
except that the Director is authorized to open and close any park
in his sole discretion for emergency, health or safety reasons.
B.
A person shall not use the park at times other than those designated,
in accordance with Paragraph A hereof.
C.
Opening and closing times for parks shall be posted thereat.
A person or group shall not make use of, or attempt to make
use of, or gain admittance to, the facilities of any park for use
of which a charge is made or a fee is required by the Town Board,
unless he shall first pay the charge or fee, including any charges
or fees for special events levied in lieu of or in addition to the
regular charge or fee fixed by the Town Board, except for admittance
by special permit for official business.
All persons using the facilities of the picnic areas shall abide
by the following rules and regulations:
A.
Shelters used by picnic parties in assigned areas must be vacated
by 10:00 p.m. No food or beverages shall be served after 8:00 p.m.
No music shall be played after 9:00 p.m.
B.
Vehicles are not permitted in picnic areas, or on sidewalks leading
to and from shelters or in any place within the assigned picnic area.
C.
Portable stoves, grills or other cooking equipment shall not be used
by patrons on sidewalks or inside picnic shelters. Patrons using cooking
equipment must use designated areas.
D.
Tables or equipment in picnic shelters shall not be moved without
permission of authorized park personnel.
E.
All organized picnic groups shall stay within areas assigned and
reserved for them.
F.
Picnic groups shall not occupy shelter areas before 9:00 a.m.
G.
Patrons using portable stoves, grills or other cooking equipment
shall not dump hot coals or ashes on or under the sand, but must use
receptacles provided for that purpose.
H.
Commercial trucks or vehicles dispensing food and beverages shall
not park in picnic areas. Beverages so dispensed must be in cans,
paper or plastic cups.
I.
Patrons shall not use facilities intended for occupancy by park personnel.
A person shall not voluntarily land any airborne vehicle, object
or apparatus in any park unless permission is obtained from the Town
Board or Director.
Subject to approval by the Town Board, the Director is empowered
to adopt additional rules and regulations governing the use of the
parks as may be deemed necessary in the interest of public health,
safety and welfare.
A person shall not injure, deface, displace, remove, fill in,
raze, destroy or tamper with any drive, path or walk; take up, remove
or carry away trees, shrubs, turf or other material; remove, deface
or destroy any structure, building or any appurtenances connected
with the park or any other property or equipment, real or personal
owned by the Town or others under the jurisdiction and control of
the Town Board or the Director.
A person shall not take, carry, leave, throw, lay, drop, discard
or in any manner discharge any cans, bottles, broken glass, refuse,
garbage, rubbish or waste into or on any park. Litter must be placed
in receptacles provided for that purpose.
No photographs shall be taken for commercial purposes unless
authorized by the Town Board and subject to such consideration as
may be fixed by the Town Board.
A.
A person shall not erect any structure, stand or platform, hold any
meetings, perform any ceremony, make a speech or address, exhibit
any performance or form any parade or procession in any park, unless
authorized by the Town Board or Director.
B.
The Town Board or Director shall designate the area to be occupied
for picnics, outings and special events, and the Director shall regulate
the use of recreation facilities in order to prevent congestion and
shall distribute patrons of the park throughout the park area to ensure
efficient utilization of park property for the comfort of patrons.
All representatives of organized picnics, outings and special events,
including parades and demonstrations and other similarly defined events,
shall first obtain a special permit from the Town Board or Director,
subject to such rules and regulations as either may deem necessary,
in addition to any regular privileges any group may already possess
relative to the use of park facilities.
[Amended 7-27-1982 by L.L. No. 77-1982, effective 8-2-1982; 9-4-2018 by L.L. No. 73-2018;
effective 9-14-2018]
The following regulations shall govern the use of swimming pools:
A.
There shall be no admission except upon presentation of official
identification or upon payment of the designated fee. Daily admissions
will be required to present proof of residency. Children under two
years of age will be admitted free.
B.
The number of persons permitted in the pool area shall be limited
in accordance with Nassau County Department of Health regulations.
C.
Children under 10 years of age will not be admitted, except when
accompanied by an adult of at least 18 years of age, who shall assume
full responsibility for the children's safety.
D.
Persons under 14 years of age must leave the pool area at 5:30 daily,
unless accompanied by an adult.
E.
No one is permitted in the pool area except in appropriate bathing
attire. Shoes must be removed before entering the pool area.
F.
Persons with long hair may be requested to wear it tied back while
in the water.
G.
Bathers may be required to take a soap and warm water shower before
entering pool.
H.
Smoking permitted in designated areas only.
I.
No diving shall be permitted, except from diving boards or in designated
areas. No more than one person is permitted on a diving board at one
time. Divers must not bounce the board unnecessarily. Divers using
the board must swim to and leave the pool by ladders.
J.
The use of diving board and pool facilities are at one's own risk.
K.
No person will use the pools, diving boards or other facilities who,
in the opinion of the lifeguard in charge, is not capable or qualified
to do so.
L.
No person will be permitted to enter the pool if, in the opinion
of the lifeguard in charge, conditions therein are unsafe for bathing
or swimming. Conditions shall be considered safe only when lifeguards
are on duty. Hours will be posted.
M.
The following, as noted, are strictly prohibited in the pool area:
ball playing of any type; pushing, running, dunking or boisterous
conduct; toys, play equipment, flotation devices, swim fins, masks,
glasses or snorkels; food, beverages, chewing gum, glass containers,
sun tan lotions and oils; radios, tape decks, phonographs, musical
instruments; gambling; dressing or undressing except in designated
areas.
N.
Diaper changing shall be permitted in designated areas only.
O.
Town of Hempstead pool furniture shall not be removed, nor may it
be reserved.
P.
No outside umbrellas shall be allowed in the pool area.
Q.
Carriages, strollers and playpens with wheels shall be permitted
in designated areas at designated pools only (wheelchair patrons excluded).
R.
No rain checks or refunds shall be given.
S.
The Town of Hempstead will not be responsible for the loss and/or
damage to any personal property belonging to patrons or their guests.
T.
The Town Board shall make such rules and regulations as are necessary
for the safety and welfare of the patrons.
[Amended 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974]
A.
Traffic control maps. The Commissioner shall cause to be prepared
a map of each park, showing graphically all traffic control regulations
applicable to the respective park. Thereafter, the Town Board may
hold public hearings for the adoption of the Traffic Control Map.
The public hearings shall be held after at least 10 days' prior notice
of the time and place thereof, by publication in the official newspaper
of the Town. After the public hearing, the Town Board may modify a
traffic control map and, by ordinance, rule or regulation, shall adopt
the map with modification or without change. A certified copy of the
ordinance, rule or regulation and a copy of the map, as adopted, shall
be filed forthwith in the office of the Town Clerk and in the Department
of Parks and Recreation. In addition, the Commissioner is hereby authorized,
but not required, to post traffic control maps, as adopted from time
to time, at respective parks.
B.
It shall be unlawful for the operator of any vehicle to disobey the direction of any sign or marking relating to traffic control in any park which shall be placed in accordance with the provisions of Subsection A of this section.
C.
Unless otherwise posted, the speed limit throughout any park shall
be 15 miles per hour.
D.
In parking areas, all persons shall comply with the directions of
the parking attendant and shall occupy the designated parking stall
assigned to them when applicable. Overnight parking shall not be allowed
except in areas designated for that purpose. Any vehicle illegally
parked shall be towed away at owner's expense.
E.
Driving instruction of persons operating motor vehicles, motorcycles
or minibikes, either under a New York State learner's permit, or otherwise,
shall be prohibited in all parks.
F.
Except for vehicles operated by Town or district personnel, a person
shall not operate any type of vehicle within the area between parking
fields and beach or shore area.
G.
A person shall not drive or operate within any park any omnibus having
an overall length in excess of 20 feet, unless a special permit is
obtained therefor from the Department of Parks and Recreation.
H.
A person shall not solicit for hire passengers for any vehicle in
any park.
I.
Hitchhiking is prohibited in any park.
J.
Obstruction of traffic by vehicle or otherwise, except in case of
emergency, is prohibited.
K.
Exemption of emergency and municipally owned or leased vehicles and
equipment. Nothing herein contained shall be construed to prohibit
the standing, parking or operation of police or fire vehicles, ambulances
and other emergency vehicles or municipally owned or leased vehicles
and equipment in the Town of Hempstead parks.
L.
No person shall operate, park or leave standing any vehicle within
a park or district park as defined in this chapter if the vehicle
has an expired vehicle registration sticker or expired vehicle inspection
sticker, and the presence of any such vehicle in a Town park or district
park shall constitute a violation hereof, subject to the applicable
penalties set forth in this chapter.
[Added 3-29-2016 by L.L.
No. 21-2016, effective 4-12-2016]
[Added 5-26-1981 by L.L. No. 50-1981, effective 6-3-1981]
A.
Except when necessary to avoid conflict with other traffic or when
in compliance with law or the directions of a peace officer or a public
safety officer of the Town of Hempstead Department of Public Safety
or an official traffic control device, no person shall:
(1)
Stop, stand or park a vehicle:
(a)
On the roadway side of any vehicle stopped, standing or parked
at the edge or curb of any aisle or roadway within a park.
(b)
On a sidewalk within a park.
(c)
Within an intersection of any aisle or roadway, except when
permitted by official signs.
(d)
On a designated crosswalk.
(e)
Between a safety zone and the adjacent curb or the marked boundaries
thereof.
(f)
Alongside or opposite any excavation or obstruction when stopping,
standing or parking would obstruct traffic.
(g)
In a parking field within a park other than within markers designating
parking spaces and as nearly in the center of designated stalls as
possible.
(h)
On any lane or roadway in any parking field within a park.
(2)
Stop, stand or park a vehicle, whether occupied or not, except
momentarily to pick up or discharge a passenger or passengers:
(a)
In front of a driveway.
(b)
Within 20 feet of a crosswalk unless a different distance is
indicated by official signs.
(c)
Within 30 feet upon the approach of any flashing signal, stop
or yield sign or traffic control signal located at the side of the
aisle, lane or road, unless a different distance is indicated by official
signs.
B.
No person shall stop, stand or park a vehicle within 15 feet of a
fire hydrant except when said vehicle is attended by a licensed operator
or chauffeur who is seated in the front seat and who can immediately
move the vehicle in case of an emergency, unless a different distance
is indicated by official signs.
C.
No person shall move a vehicle not lawfully under his control into
any prohibited area or away from a curb such distance as is unlawful.
D.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a two-way roadway shall be so stopped,
standing or parked with the right-hand wheels of such vehicle parallel
to and within 12 inches of the right-hand curb or edge of the roadway.
E.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a one-way roadway shall be so stopped,
standing or parked parallel to the curb or edge of the roadway in
the direction of authorized traffic movement with its right-hand wheels
within 12 inches of the right-hand curb or edge of the roadway, or
its left-hand wheels within 12 inches of the left-hand curb or edge
of the roadway.
F.
Except where angle parking is authorized, every vehicle stopped,
standing or parked partly upon a roadway shall be so stopped, standing
or parked parallel to the curb or edge of the roadway. On a one-way
roadway, such vehicle shall be facing in the direction of authorized
traffic movement; on a two-way roadway, such vehicle shall be facing
in the direction of authorized traffic movement on that portion of
the roadway on which the vehicle rests.
G.
No person shall disobey any instructions, directions or time periods
contained in any sign duly posted by the Town of Hempstead in any
parking field within a park.
H.
No person shall use any parking field within any park as a through-traffic
means for any purpose.
I.
It shall be unlawful and a traffic infraction for any person who
is not a holder of a valid special parking permit issued by the County
of Nassau for use by the physically handicapped to leave a motor vehicle
parked, stopped or standing in any of the spaces set aside in a public
parking field in a Town park for the sole and exclusive use of holders
of valid special handicapped parking permits issued by the County
of Nassau. Any person or persons, association or corporation committing
an offense under this subsection shall be subject to a fine of not
more than $750.
[Added 6-7-1983 by L.L. No. 55-1983, effective 6-13-1983; amended 3-11-2003 by L.L. No.
20-2003, effective 3-27-2003; 10-2-2008 by L.L. No. 76-2008, effective 10-10-2008]
The use of parks shall be restricted to Town residents or park
district residents, whichever is applicable (except as hereinafter
noted), subject to the following:
A.
All persons entering any park shall be required, upon request, to
identify themselves as residents entitled to admittance.
B.
A person under the age of 10 years shall not be admitted to a park
unless accompanied by an adult who shall assume full responsibility
for his or her safety and conduct.
C.
District park swimming pools are for the use of special park district
residents.
D.
Town park swimming pools are for the use of all Town residents.
E.
The Town of Hempstead park district swimming pools are for the use
of the Town of Hempstead park district residents and, for a special
fee, all other residents of the Town.
A person shall not use park property for business or professional
purposes involving the sale of any goods or the rendering of any service
for a fee or for the purpose of soliciting alms or contributions unless
authorized to do so by the Town Board or the Director.
[Amended 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974; 5-26-1981 by L.L. No.
51-1981, effective 6-3-1981]
A.
Any person or persons, association or corporation committing an offense against any of the provisions set forth in § 78-25 of this chapter shall be guilty of a traffic infraction, punishable by a fine not exceeding $100 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.
[Amended 1-29-1985 by L.L. No. 12-1985, effective 2-6-1985; 3-11-2003 by L.L. No.
20-2003, effective 3-27-2003]
B.
Unless otherwise provided for herein, any person or persons, association or corporation committing an offense against any of the provisions set forth in § 78-25.1 of this chapter shall be guilty of a traffic infraction, punishable by a fine not exceeding $100 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.
[Amended 1-29-1985 by L.L. No. 12-1985, effective 2-6-1985; 3-11-2003 by L.L. No.
20-2003, effective 3-27-2003]
C.
Each offense against § 78-3 of this chapter shall constitute a separate violation and, upon conviction in a court of competent jurisdiction, shall be subject to the following:
[Amended 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
D.
Any person or persons, association or corporation committing an offense
against any other section or provision of this chapter shall be guilty
of a violation, punishable by a fine not exceeding $250 or by imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. Each day of continued violation shall
constitute a separate additional offense.
[Added 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
[Added 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
If any clause, sentence, paragraph, subdivision, section or
part of this chapter is adjudged invalid by a court of competent jurisdiction,
the judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its operation to the clause,
sentence, paragraph, section or part of this chapter that shall be
directly involved in the controversy in which such judgment shall
have been rendered.
[Added 7-27-1993 by L.L. No. 46-1993, effective 8-2-1993]
No person shall use any water fountain, drinking fountain, pool,
sprinklers, reservoir, lake or any other water contained in the park
for the purpose of washing or cleaning himself or herself, his or
her clothing or other personal belongings. This section shall not
apply to those areas within the parks which are specifically designated
for personal hygiene purposes (i.e., bathroom, shower room, wash basins,
etc.); provided, however, that no person shall wash their clothes
or personal belongings in such areas, nor shall any person who has
not been using a facility under the jurisdiction of the Department
for recreational purposes be permitted to use a shower room within
such facilities for personal hygiene purposes.
