[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay as Ch. 19 of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings ascribed to them:
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]
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.
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]
A person who has established a legal residency within the
Town.
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]
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]
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.
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.
[1]
Editor’s Note: Former § 168-4, Refunds, was repealed
1-29-2019 by L.L. No. 3-2019.
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]
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.
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.
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.
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.
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.
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.
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.
Fishing is prohibited in any bathing area during the official
bathing season, except where posted.
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.
[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.
[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.
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.
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.
[Amended 9-17-2019 by L.L. No. 5-2019]
A.
No person owning or otherwise having possession, charge, custody,
dominion or control of any animal, shall place or allow such animal,
whether licensed or not, to be placed or to enter any park or beach
operated by the Town of Oyster Bay unless such animal is a service
animal individually trained to do work or perform tasks for the benefit
of a qualified individual with a disability and is accompanied by
such individual, pursuant to the Americans with Disabilities Act (Title
II and Title III).
B.
Notwithstanding the provisions of Subsection A of this section, animals may be allowed on or in such beaches, parks or other facilities operated by the Town of Oyster Bay that have been specifically designated by the Commissioner of the Department of Parks, or his/her designee, as dog parks or as facilities where dogs are allowed, and in those instances, the Commissioner of the Department of Parks, or his/her designee, shall establish and promulgate rules and procedures which must be followed for any such dog to remain at any such facility.
C.
The Animal Control Officer or any Assistant Animal Control Officer
or any peace officer shall seize any animal left unattended at a beach,
park or other facility operated by the Town of Oyster Bay.
No person shall solicit alms or contributions for any purpose
in any Town park or beach.
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.
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: Original Sec. 23, Damage to property, which
immediately followed this section, was deleted 3-12-1991 by L.L. No.
1-1991.
[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.
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.
[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.
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.
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.
[1]
Editor’s Note: Former § 168-26.1, Aviation, added
7-7-1998 by L.L. No. 4-1998, was repealed 9-12-2017 by L.L. No. 7-2017.
[1]
Editor's Note: Former § 168-27, Political activities,
added 2-28-1978, was repealed 6-24-2008 by L.L. No. 7-2008.
[Added 10-4-1994; amended 3-7-2023 by L.L. No. 4-2023]
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.
Any person found by the Bureau of Administrative Adjudication to have
violated any provision of this article shall be subject to a monetary
penalty within the range of fines authorized herein.
[Added 6-20-1989]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Commissioner of Parks of the Town of Oyster Bay or his
duly authorized designee.
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.
Includes all primary dunes, secondary dunes, transverse dunes
and interdune areas, but shall not include officially posted access
points to beach areas.
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.
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.
[Amended 3-7-2023 by L.L. No. 4-2023]
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.
Any person found by the Bureau of Administrative Adjudication to have
violated any provision of this article shall be subject to a monetary
penalty within the range of fines authorized herein.
