Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as Ch. 19 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks Department — See Ch. 4, Art. X.
Alcoholic beverages — See Ch. 82.
Dogs and other animals — See Ch. 103.
Explosives and firearms — See Ch. 114.

§ 168-1 Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them:
DEMONSTRATION
A group activity, including but not limited to a meeting, assembly, protest, rally, march or vigil which involves the expression of views or grievances, involving more than 20 people or a group activity involving fewer than 20 people for which specific space is requested to be reserved.
[Added 6-30-2009 by L.L. No. 5-2009]
PARK or PARKS
All park areas, playgrounds, athletic fields, swimming pools, beaches, canals, bays, lagoons, inlets, spurs, open spaces, entrances, approaches, pool deck areas, Town-owned land and lands under water owned by the Town, water owned by the Town, buildings and all other areas and facilities located in parks, beaches or park or beach areas under the jurisdiction of the Town Board or its duly authorized representative.
PERMIT
Unless otherwise specified, any written authorization issued by or under the authority of the Commissioner of the Department of Parks for a specified privilege, permitting a specified act or acts in any park.
[Added 6-30-2009 by L.L. No. 5-2009]
RESIDENT OF THE TOWN
A person who has established a legal residency within the Town.
SPECIAL EVENT
A group activity, including, but not limited to, a performance, meeting, assembly, contest, exhibit, ceremony, parade, athletic competition, reading, or picnic involving more than 20 people, for which specific space is requested to be reserved. "Special event" shall not include casual park use by visitors or tourists.
[Added 6-30-2009 by L.L. No. 5-2009]
SPECIAL EVENT AREA
The area designated by the Commissioner of the Department of Parks where such special event is scheduled to take place.
[Added 6-30-2009 by L.L. No. 5-2009]

§ 168-2 Use of facilities restricted.

A. 
Each Town resident entering Town beaches shall be required to identify himself as a Town resident to the Town representative in attendance at the gate or present an official identification tag or sticker, which must be affixed to the car windshield.
B. 
The Town Board shall, from time to time, determine by resolution which Town beach or beaches shall be restricted to Town residents and which shall be open to the general public, and shall fix the amount of the fee or fees to be charged to nonresidents for admission to those beaches designated as open to the general public.
C. 
The use of community parks and pool areas shall be restricted to residents or owners of taxable real property residing in the respective park districts. All persons entering the community parks and pool areas shall be required to present an official identification tag to the attendant in charge, which shall be issued by the Superintendent of Parks. A "resident of the park district" is a person who has established a legal residency within the park district. Upon a person's ceasing to be a resident of the district, any license, permit or identification issued to him shall automatically cease and become invalid.
D. 
All other parks of the Town shall be open to the public upon the payment of a fee, the amount of which shall be determined from time to time by the Town Board.
E. 
The use of any boating and docking facilities which may be provided by the Town in any of the Town parks shall be subject to the payment of such fees and charges as the Town Board may from time to time establish by resolution and subject to such rules and regulations for the proper and efficient operation of the facilities as the Town Board may impose. Such rules and regulations shall be posted on a sign or bulletin board within each park where the facilities are provided. Any violation thereof shall be deemed a violation of this chapter.

§ 168-3 Payment of charges.

No person shall make use of or gain admittance to or attempt to use or gain admittance to the facilities of any Town park or beach for the use of which a charge is made by the Town Board unless he shall pay the charge or fee as fixed by the Town Board.

§ 168-4 Refunds.

[Added 1-26-1982]
The Town Board, by resolution, upon the recommendation of the Commissioner of Parks or his duly authorized designee, may authorize, for good cause shown, the refund of any charge or fee required by or pursuant to any provision of this chapter. Any such refund shall be for 80% of the fee or charge originally paid, unless the Town Board shall, by resolution, upon the recommendation of the Commissioner of Parks or his duly authorized designee, authorize otherwise in the best interests of the Town.

§ 168-5 Conduct of patrons.

A. 
Each person in a Town park or beach shall conduct himself in an orderly manner and shall endeavor to cause no discomfort or inconvenience to any other person or patron.
B. 
Gambling is strictly prohibited in all areas of any park, pool or beach.
C. 
Any person or persons other than authorized persons found in any park, pool or beach area after the park, pool or beach area is officially closed to the public shall be considered a trespasser and shall be subject to arrest.
D. 
Any person entering or leaving a Town of Oyster Bay park or beach area shall use only the ingress and egress pathways or areas provided for such purposes.
[Added 2-23-1982]

§ 168-6 Admittance of trucks or buses.

No trucks or buses shall be admitted to any of the parks or beaches except by special permission from the Town Board, granted through the Superintendent of Parks or the Superintendent of beaches, where jurisdictionally applicable.

§ 168-7 Unattended children.

No person under 10 years of age shall be admitted to any Town park or beach unless accompanied by an adult who shall assume full responsibility for his safety and conduct.

§ 168-8 Hours of operation; overnight use.

A. 
Town parks and beaches shall be opened and closed at the time and hour designated by the Town Board. Opening and closing time for the various facilities shall be posted for the convenience of the public.
B. 
No overnight parking or housing shall be allowed except under special permit obtained from the Superintendent of Parks or the Superintendent of Beaches, where jurisdictionally applicable.

§ 168-9 Camping.

No person shall tent or camp, or erect or maintain a tent, lean-to, shelter or camp, in any park or beach area except by special permit obtained from the Superintendent of Parks or the Superintendent of Beaches, where jurisdictionally applicable.

§ 168-10 Construal of permits.

A permit, license or identification tag to do any act shall authorize the act only insofar as it may be performed in strict accordance with the terms and conditions of the permit, license or identification tag. Any violation by its holder of any term or condition shall constitute grounds for revocation by the Town Board or its authorized representative.

§ 168-11 Nonliability of Town.

The Town shall not be responsible for loss, damage or theft to cars and their contents, to private property, nor to the contents of baskets and lockers; such loss, whether inside of buildings or on the grounds of the park, shall be the patron's responsibility.

§ 168-12 Swimming.

No person shall bathe, wade or swim in any waters of any park except at such times and places and in such proper attire as the Town Board may designate. The 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 any park or beach does so at his own risk. No person shall dress or undress in any park or beach area except in such bathing houses or places as may be designated.

§ 168-13 Fishing in bathing areas.

Fishing is prohibited in any bathing area during the official bathing season, except where posted.

§ 168-14 Operation of watercraft.

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 lakes or ponds within the Town under the jurisdiction of the Superintendent of Parks or the Superintendent of Beaches where prohibited by a sign posted in the designated area.

§ 168-15 Picnics and outings.

[Amended 6-24-2008 by L.L. No. 7-2008]
The Commissioner of the Department of Parks or his designee shall designate the area to be occupied, and shall regulate the use of parks and recreation facilities, so as to prevent congestion, and shall situate patrons of the park or recreation facility in such areas in order to ensure the maximum use of the areas and the comfort of the patrons. All organized picnics and outings require a permit from the Commissioner of the Department of Parks or his designee.

§ 168-16 Public addresses, entertainments or parades.

[Amended 6-24-2008 by L.L. No. 7-2008; 6-30-2009 by L.L. No. 5-2009]
A. 
Legislative intent.
(1) 
The Town Board and the residents of the Town of Oyster Bay revere and respect the fundamental rights, provided for by the Constitution of the United States and the Constitution of the State of New York, to free speech, assembly and expression. The Town Board further recognizes that leafleting is a respected tradition in American society and is a method of communication that has permitted citizens to spread political, religious and commercial messages throughout American history.
(2) 
The Town Board recognizes that situations arise when the public health, safety and welfare, the protection of which is the paramount reason for the establishment of government, requires restrictions on the time, place and manner of such speech, assembly, expression and leafleting, without regard to the content of same. The Town Board further recognizes that it has a responsibility to protect its residents from undue interference and harassment in the exercise of their rights to private relaxation, contemplation and enjoyment of their use of Town parks. Accordingly, the Town Board finds that the Town of Oyster Bay, acting through and by the Commissioner of the Department of Parks, has a legitimate, compelling governmental interest in being able to regulate and control the patrons of its parks and recreational facilities and the distribution of printed or similarly expressive material during special events. A distributor of leaflets may not endanger the safety of patrons or interfere with park activities. The Town Board also finds that such restrictions will also benefit the physical condition of the parks and recreational facilities of the Town of Oyster Bay by limiting the likelihood of littering by patrons of the parks.
(3) 
Accordingly, the Town Board finds that, in order to properly balance the aforesaid rights and duties, regulations must be promulgated with respect to the use of Town parks.
B. 
The Commissioner of the Department of Parks shall promulgate such rules and regulations as may be necessary and appropriate to issue and enforce such permits, consistent with the legislative intent set forth herein.
C. 
No person shall erect any structure, stand or platform; conduct any parade, drill or maneuver, form any procession for a parade or proceed in the park; hold any meeting; perform any ceremony; conduct any performance or show of any kind or nature; or, being in or on a vehicle, race with another vehicle in any park except by permit issued by the Commissioner of the Department of Parks.
D. 
Distribution of printed or similarly expressive material.
(1) 
The distribution of printed or similarly expressive material in a park is allowed without a permit, except on special event days.
(2) 
On days when a special event is scheduled to take place in a park, no person shall engage in the distribution of printed or similarly expressive material in the special event area without a permit issued by the Commissioner of the Department of Parks. Such permit shall be issued without regard to content of materials. A permit shall be issued in accordance with the provisions of the rules and regulations promulgated by the Commissioner of the Department of Parks, and shall only be denied if the activities covered by a prior permit or permits do not reasonably allow multiple or further occupancy of the particular area, or where the number of persons engaged in the distribution exceeds the number that can reasonably be accommodated in the particular location requested, or if within the preceding one year, the applicant had been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, statute or regulation relating to the use of the parks. A current list of the special events scheduled to take place in the parks of the Town of Oyster Bay may be made available on the Town of Oyster Bay's website, or telephonically, by calling the Department of Parks during regular business hours.

§ 168-17 Fires.

No person shall kindle, build, maintain or use a fire within the confines of any park or beach except in grills provided for that purpose by the Town. No person shall remove any grill placed in any area by the Town from the location where so placed. No fuel may be used for any fire except charcoal or sterno. Any person who starts or kindles any fire shall keep it under his continued care and direction and shall extinguish it.

§ 168-18 Playing games.

No person using a park or beach shall throw or use any type of ball, beanbag or other object, play any ball game or other game or roller-skate, nor engage in skateboard, go-cart or motor scooter riding, archery, toy aviation, kite flying, golf playing or model boating, except in such areas as may be designated for such purposes.

§ 168-19 Animals.

No person owning or being a custodian or having control of any animal shall cause or permit the animal to enter any park or beach, and any such animal found at large may be impounded. Any animals seized as provided in this section will be delivered to a public pound.

§ 168-20 Solicitation of alms.

No person shall solicit alms or contributions for any purpose in any Town park or beach.

§ 168-21 Advertising.

No person in any park or beach area shall post, paint, affix, distribute, hand out, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement, or display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes, or operate any musical instrument or drum or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, show or other purpose, except as authorized by the Town Board.

§ 168-22 Alcoholic beverages.

No person shall bring beer, ale or any other alcoholic beverages into any park or beach unless permitted by the Town Board or its duly authorized representative.[1]
[1]
Editor's Note: Former Sec. 23, Damage to property, which immediately followed this section, was deleted 3-12-1991 by L.L. No. 1-1991.

§ 168-22.1 Tobacco and tobacco products.

[Added 12-17-2002 by L.L. No. 12-2002]
No person shall smoke or carry lighted cigarettes or other smoking substances, including but not limited to cigars, pipes and the like, at the public beaches and parks owned or operated by the Town of Oyster Bay or any of the Town of Oyster Bay Park Districts, except in designated smoking areas as indicated by posted signs.

§ 168-23 Operation of vehicles.

A. 
All laws contained in the State Motor Vehicle and Traffic Law shall form or constitute a part of this chapter; however, such additional directions for traffic and motor vehicles as may be posted on signs shall be regarded as part of this chapter for the purposes of traffic control. In parking areas, all persons shall comply with the directions of parking attendants.
B. 
The speed limit through any park or beach shall be 10 miles per hour.
C. 
It shall be unlawful for any person to operate a motor vehicle in any town beach or park except on a road or parking field. This subsection shall not apply to town vehicles on official business or to town-authorized vehicles.

§ 168-24 Conduct of private business.

[Amended 10-23-1973]
No person shall conduct a private business of any kind or any part thereof, including but not limited to photography for commercial advertising or publicity purposes, the sale or purchase of photographs, negatives or prints, instructions in any sport or athletic activity or the sale of any item or service, within the limits of any town park, beach, pool or other town recreational facility, except such business as may be authorized by the Town Board by license, concession or permit.

§ 168-25 Explosives.

No person shall bring into or have in any park or beach any explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or contiguity with other substances or compounds may decompose suddenly and generate sufficient heat, gas or pressure, or any or all of them, to produce rapid flame, combustion or administer a destructive blow to surrounding objects.

§ 168-26 Firearms.

A. 
No person shall have or carry, whether or not concealed upon his person, any pistol or revolver or any instrument or weapon commonly known as a "toy pistol" or in which or upon which loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition, except when so authorized by law. No person shall bring into a park or beach or have in his possession therein any rifle, shotgun or fowling piece or any air gun, spring gun or other instrument or weapon in which the propelling force is a spring or air.
B. 
No person, except in the performance of official duties, shall discharge a firearm, air gun or other instrument or weapon in a park or beach or in such a manner that a projectile enters or is likely to enter the park or beach.

§ 168-26.1 Aviation.

[Added 7-7-1998 by L.L. No. 4-1998]
A. 
No individual shall take off or land any aircraft or ultralight aircraft on any town park, beach, playground, athletic field or other recreational property or building, except with the written permission of the Commissioner of the Department of Parks.
B. 
"Aircraft" means any contrivance, now or hereafter invented for navigation of or flight in the air, including other gliding devices and parachutes.
C. 
"Ultralight aircraft" means any vehicle capable of any type of flight which weighs less than 1,000 pounds, including any parachute/parasail craft which is powered, and includes all glider or other unpowered vehicles capable of aviation.

§ 168-27 (Reserved) [1]

[1]
Editor's Note: Former § 168-27, Political activities, added 2-28-1978, was repealed 6-24-2008 by L.L. No. 7-2008.

§ 168-27.1 Penalties for offenses.

[Added 10-4-1994]
Any person committing an offense against this Article or any provision or section thereof shall be guilty of a violation punishable by a fine not to exceed $250 or imprisonment not to exceed five days for each such offense, or by both such fine and imprisonment, for a first conviction and upon conviction of a second or subsequent offense within five years of a conviction of a previous offense herein shall be guilty of a violation punishable by a fine not less than $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment.
[Added 6-20-1989]

§ 168-28 Findings.

The preservation of the barrier island which stands between the Atlantic Ocean and South Oyster Bay is of paramount importance to the residents of the Town of Oyster Bay. This barrier island affords protection to the south shore of the Town of Oyster Bay from storm damage and erosion and by its existence creates South Oyster Bay with its unique ecological characteristics and recreational opportunities. Any damage or destruction to the sand dunes and beaches constituting the barrier island will weaken this protection and constitute a danger to the health, safety and welfare of town residents. It is imperative that the integrity of the barrier island be safeguarded by the maintenance of well-vegetated sand dunes which offer natural protection from storms, wind and water.

§ 168-29 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER OF PARKS
The Commissioner of Parks of the Town of Oyster Bay or his duly authorized designee.
OFFICIAL VEHICLE
A motor vehicle while in use for official business of the United States Government, the State of New York, the County of Nassau or the Town of Oyster Bay, or any ambulance, fire or other emergency vehicle while in use for emergency service.
SAND DUNE
Includes all primary dunes, secondary dunes, transverse dunes and interdune areas, but shall not include officially posted access points to beach areas.

§ 168-30 Dune protection zone established.

A dune protection zone is hereby established by the Town Board of the Town of Oyster Bay. This zone shall include all of the barrier island which lies within the Town of Oyster Bay and shall extend from the mean high-water line at oceanside landward to the mean high-water line at bayside and shall include the J.F.K. Memorial Wildlife Sanctuary.

§ 168-31 Prohibitions.

A. 
It shall be a violation of this Article for any person to damage, destroy, remove, excavate or relocate any sand dune or portion thereof located within the dune protection zone.
B. 
It shall be a violation of this Article for any person to kill, destroy, damage or remove any vegetation growing in or upon any sand dune or portion thereof located within the dune protection zone.
C. 
It shall be a violation of this Article for any person to trespass upon or walk, transgress, cross, intrude or go upon any sand dune or portion thereof located within the dune protection zone, except as necessary for erosion control, dune building or dune stabilization purposes when authorized by the Commissioner of Parks.
D. 
It shall be a violation of this Article for any person to operate or direct the operations of any motor vehicle upon or across any sand dune or portion thereof or anywhere within the dune protection zone, except for official vehicles when authorized by the Commissioner of Parks.

§ 168-32 Penalties for offenses.

Any person committing an offense against this Article or any provision or section thereof shall be guilty of a violation punishable by a fine of not less than $250 or imprisonment not to exceed five days for each such offense, or by both such fine and imprisonment, and upon conviction of a second or subsequent offense shall be guilty of a violation punishable by a fine of not less than $500 or imprisonment not to exceed 15 days, or by both such fine and imprisonment.