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Village of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Preservation of dunes — See Ch. 124.
Parks and recreation — See Ch. 208.
Peace and good order — See Ch. 211.
Garbage and rubbish — See Ch. 246, Art. I.
Vehicles and traffic — See Ch. 267.
[Adopted 7-6-1995 by L.L. No. 26-1995 (Ch. 6 of the 1971)]
This article is adopted by the Village Board of the Village of East Hampton pursuant to the authority granted the Board under the provisions of the Municipal Home Rule Law of the State of New York.
A. 
The Town Trustees of the Freeholders and Commonality of the Town of East Hampton (hereinafter the "Trustees") have ownership of and authority over certain beach areas within and adjacent to the boundaries of the Village of East Hampton. The Village Board has such powers and authority over beaches within and adjacent to its boundaries as have been granted it under the provisions of the Village Law and the Municipal Home Rule Law of the State of New York. In an effort to provide similar, although not identical, rules and regulations for all beach areas within the Town of East Hampton, the Village Board and the Town Trustees have promulgated the following rules and regulations with respect to all beach areas within and adjacent to the boundaries of the Village.
B. 
The provisions of this article shall apply to all beaches within and the ocean beaches adjacent to the boundaries of the Village of East Hampton.
For the purpose of this article, the following terms shall have the meanings indicated:
ACCESS
A means of entry to or exit from a beach.
BEACH
All land lying between a body of fresh or salt water and the base of a bluff or dune. In cases where there is no bluff or dune present, then the "beach" shall be all land lying between such body of water and the naturally occurring beach grass or the upland vegetation if no naturally occurring beach grass is present.
BLUFF
A formation of land which is landward of the natural beach and which rises sharply from its base to a bluff line where the natural land contours resume a gradual slope.
CAMPING
Includes but is not limited to the use of any vehicle to sleep in; the use of a tent or other temporary structure to sleep in; or sleeping on the beach after sundown.
DUNE
A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass (Ammophila breviligulata). Included in this definition are deposits of fill placed for the purpose of dune construction.
OPERATE
The same meaning as that given it in the Vehicle and Traffic Law. A person "operates" a vehicle when he begins to use the mechanism of the vehicle for the purpose of putting the vehicle in motion even though he does not move it. "Operate" is markedly broader than "drive" and includes, among other things, sitting behind the wheel with the keys in the ignition even if the vehicle is not running.
PROTECTED BIRDS
Birds now or hereafter listed on the New York State and/or federal threatened or endangered species list.
TRUSTEE BEACHES 
Beaches owned and managed by the Trustees. Included within "Trustee beaches" are the following:
A. 
The ocean beaches from the westerly boundary of the Village of East Hampton to the easterly boundary of the Village of East Hampton.
B. 
The beaches adjacent to the following bodies of water: Wainscott Pond, Georgica Pond, Hook Pond, Lily Pond and Town Pond.
TRUSTEES
The Trustees of the Freeholders and Commonality of the Town of East Hampton.
UNREASONABLE NOISE
The presence of that amount of acoustic energy which causes temporary or permanent hearing loss in persons exposed and that which is otherwise injurious or tends to be injurious to the public health or welfare, causes a nuisance or interferes with the comfortable enjoyment of life and property of others.
VEHICLE
Any transportation device which is propelled by other than muscular power.
A. 
No person shall damage, deface, injure, remove, tamper with or destroy any sign, snow fencing, flagging or other property located on the beach.
B. 
No person shall throw, break, cast, lay or deposit a glass bottle or pieces of crockery or glass or glassware, fish, garbage or refuse or any injurious substance of any kind or nature on any beach. All persons shall dispose of such substances as directed by law.
C. 
No person shall throw, place or deposit fill, sand, gravel or any other materials, including but not limited to trees, shrubs or brush, on the beach unless properly authorized by the Trustees.
D. 
No person shall erect, construct, reconstruct, enlarge or alter any structure, including but not limited to any groin, erosion control device, bulkhead, dock, pipe or other improvement whatsoever, in, on or under any beach or pond without having obtained any and all necessary permits and approvals, including those required by the Trustees.
E. 
No person shall maintain a camp, trailer or other structure, whether temporary or permanent, on the beach.
F. 
No person shall disturb or endanger any protected bird nesting area on the beach. As soon as the protected birds establish their annual nesting sites, the Trustees or their duly authorized agent or agents will cause each nesting site to be fenced, roped or flagged in a manner designed to alert the public that entry is prohibited. No person shall alter, move, remove or tamper with any fence, rope or flagging designating such areas. All such fencing shall be removed at the end of the nesting season.
G. 
No person shall erect a fence, barricade or other impediment to vehicular and/or pedestrian traffic on the beach without the written consent of the Trustees.
H. 
No person shall intentionally obstruct vehicular or pedestrian access to the beach.
I. 
No person shall camp on the beaches. Specific exception may be granted by the Trustees to organizations such as Boy Scouts, Girl Scouts and other civic organizations, upon written request.
J. 
No person shall camp in the parks or on other public property in the Village of East Hampton. Specific exception may be granted by the East Hampton Village Board of Trustees to organizations such as Boy Scouts, Girl Scouts and other civic organizations, upon written request.
K. 
No person shall camp on private property without written permission from the owner and only in conformance with other applicable Village ordinances.
L. 
No person shall intentionally engage in fighting or in violent, tumultuous or threatening behavior on the beach.
M. 
No person shall ride, walk or otherwise allow or permit a horse, dog, cat or other animal to be in or upon a protected bird nesting area designated pursuant to § 77-4F at any time.
N. 
Animals on the beach.
(1) 
No person shall ride, walk or otherwise allow or permit a dog, cat or other animal to be on or upon any beach from May 15 to September 15 of each year, between the hours of 9:00 a.m. and 6:00 p.m. At all other times during the period from May 15 to September 15 of each year, dogs must be manually restrained on a leash within areas that are within 300 feet of any road end along the Atlantic Ocean beaches.
[Amended 5-17-2013 by L.L. No. 13-2013; 11-18-2016 by L.L. No. 13-2016]
(2) 
Any individual who permits a dog upon any beach shall maintain control over said dog at all times and shall take such action as may be necessary to clean up after such animal.
O. 
No person shall make unreasonable noise on the beach or permit such noise from a radio, vehicle or other instrument under his or her control.
P. 
No person shall disobey the lawful directives of a lifeguard employed by the Village of East Hampton for the health, safety and welfare of the public issued in the performance of his or her duties.
Q. 
Beach fires.
[Amended 12-15-2006 by L.L. No. 16-2006]
(1) 
No person shall start or maintain a beach fire less than 50 feet from any beach grass, vegetation, tent or fence or less than 100 feet from any building or permanent structure or less than 200 feet from any posted water-bird nesting colony.
(2) 
No person shall maintain a fire that is greater at any time than two feet in any dimension.
(3) 
All fires must be completely extinguished with as many buckets of water as is necessary. No person shall extinguish a fire or embers by covering them with sand.
(4) 
No person shall leave a fire unattended. All fires shall be under constant watch.
(5) 
No person shall maintain a beach fire unless a bucket of water is stationed within 10 feet of the fire.
(6) 
No person shall kindle or maintain a fire if the prevailing wind velocity exceeds 15 miles per hour.
(7) 
No person shall start or maintain a fire with any fuel other than firewood. The use of construction material as fuel is prohibited.
(8) 
In addition to the penalties set forth in § 77-9 of this article, any duly constituted law enforcement officer as set forth in § 77-10 may require a beach fire to be extinguished when deemed dangerous due to wind conditions or size and may prohibit fires when unusually dry conditions exist or whenever other circumstances present an increased fire hazard. None of these provisions shall be construed as relieving any person who lights or maintains a fire from resulting damage to property or persons.
(9) 
All fire debris, including logs and wood, shall be removed from the beach.
[Added 1-15-2010 by L.L. No. 2-2010]
(10) 
All fires must be contained in a metal container.
[Added 1-15-2010 by L.L. No. 2-2010]
(11) 
No beach fire shall be set, started, kindled or maintained prior to 6:00 p.m. and must be fully extinguished prior to 12:00 midnight.
[Added 10-20-2017 by L.L. No. 19-2017]
R. 
Alcohol on the beach.
[Added 4-16-2021 by L.L. No. 9-2021]
(1) 
No person shall possess, consume, ingest, or take internally any alcoholic beverage, nor have in his possession any alcoholic beverage container which has been opened for the purpose of consuming the contents thereof, during the hours of lifeguard protection on the beach.
(2) 
If there is no lifeguard stationed on the beach, then no person shall possess, consume, ingest, or take internally any alcoholic beverage, nor have in his possession any alcoholic beverage container which has been opened for the purpose of consuming the contents thereof, from 9:00 a.m. through 5:00 p.m. from May 15 to September 15 of any year.
(3) 
At no time, without a special event permit specifically permitting such, shall any person possess on any beach an alcoholic beverage container which is capable of holding in excess of one gallon.
S. 
Alcohol, additional.
[Added 4-16-2021 by L.L. No. 9-2021]
(1) 
Except as hereinafter provided, no person under the age of 21 years shall possess any alcoholic beverage on any beach, with the intent to consume such beverage.
(2) 
A person under the age of 21 years may possess any alcoholic beverage on any beach with intent to consume if the alcoholic beverage is given:
(a) 
To a person who is a student in a curriculum licensed or registered by the State Education Department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or
(b) 
To the person under 21 years of age by that person's parent or guardian.
(3) 
Any person who unlawfully possesses an alcoholic beverage on any beach with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law or a police officer as defined in Subdivision 34 of § 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge, the court may impose a fine not exceeding $50 and/or completion of an alcohol awareness program established pursuant to § 19.25 of the Mental Hygiene Law and/or an appropriate amount of community service not to exceed 30 hours.
(4) 
No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority, and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
(5) 
Whenever a peace officer, as defined in Subdivision 33 of § 1.20 of the Criminal Procedure Law, or police officer, as defined in Subdivision 34 of § 1.20 of the Criminal Procedure Law, shall observe a person under 21 years of age openly in possession of an alcoholic beverage, as defined in this chapter, on any beach, with the intent to consume such beverage in violation of this section, said officer may seize the beverage and shall deliver it to the custody of his or her department.
(6) 
Any alcoholic beverage seized in violation of this section is hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days' notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of that beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.
T. 
Smoking. No person shall smoke a cigarette, pipe, cigar or similar smoking substance or engage in any vaping activity at any beach pavilion, beach parking lot, on the beach within 300 feet of the beach road end, and/or within 20 feet of any other person on the beach.
[Added 4-16-2021 by L.L. No. 9-2021]
A. 
Requirements.
(1) 
No person shall operate or park a vehicle on the beach from May 15 to and including September 15 in any year, between the hours of 9:00 a.m. to 6:00 p.m. Notwithstanding the above, individuals shall be permitted to drive a vehicle on the beach between the easterly side of the Two Mile Hollow parking area to the easterly boundary of the Village at all times, provided that they shall exercise due caution when traversing through said area and provided, further, that they are in compliance with all other requirements of this article.
[Amended 11-18-2016 by L.L. No. 14-2016]
(2) 
No person shall operate or park a vehicle on that portion of the beach between the Hook Pond Jetty on the east and the prolongation southerly on the westerly property line of the HiTide (known as SCTM#301-13-13-12) on the west, between the hours of 6:00 p.m. and 12:00 midnight on the night of the annual East Hampton Village Fire Department fireworks display. The provisions of this subsection shall not apply to vehicles whose occupants are engaged in commercial net fishing and vehicles whose occupants are actively engaged in the fireworks display.
[Amended 7-31-2019 by L.L. No. 10-2019]
(3) 
No person shall operate a vehicle on the beach unless said vehicle is registered and displays a valid vehicle registration license in compliance with the Vehicle and Traffic Law of the State of New York.
(4) 
No person shall operate a vehicle on the beach unless said vehicle is in compliance with the provisions of the Motor Vehicle Financial Security Act as contained in Article 6 of the Vehicle and Traffic Law, requiring liability insurance or other proof of financial security.
(5) 
No person shall operate a vehicle on the beach unless such vehicle has been issued and displays a valid and proper East Hampton town resident beach vehicle permit issued by the East Hampton Town Clerk. Resident permits shall be issued free of charge to all residents of the Town of East Hampton who shall submit proof of residency or property ownership within the town and a valid registration in the name of the resident or property owner. Permits shall be issued to nonresidents upon payment to the Town Clerk of a nonrefundable fee of $200. Such nonresident permits shall expire on December 31 of each year. Disabled veterans and individuals possessing a valid mobility impaired license shall be entitled to a fifty-percent discount on the cost of the permit. The Town Clerk shall inspect all applications for permits and determine the validity of the qualifications presented in accordance with the provisions of this section. The permit shall be affixed to the rear of the vehicle in the location specified by the Town Clerk and shall be placed in such location in a manner which allows the permit to be clearly visible at all times when the vehicle is in motion.
[Amended 7-31-1998 by L.L. No. 12-1998]
(6) 
No person shall operate a vehicle on the beach unless such vehicle is equipped with a tow rope or chain, jack and spare tire.
B. 
Exemptions. Operators of the following vehicles shall be exempt from the provisions of § 77-5A(1) above, provided that they shall exercise due caution when traversing through restricted bathing areas:
(1) 
Vehicles whose occupants are actively engaged in traditional commercial net fishing.
(2) 
Vehicles displaying a handicapped parking permit being used by a handicapped person.
C. 
Nesting areas. No person shall operate a vehicle within or upon any protected bird nesting area designated as such by the Trustees or Village Board pursuant to § 77-4F hereof at any time. A violation of the provisions of this subsection shall be punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the permission to operate a vehicle on the beach heretofore given said person by the Trustees is hereby revoked, automatically and without recourse, for a period of one year. In the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered. A person who operates a vehicle on the beach at a time when his permission to do so has been revoked shall be subject to prosecution for criminal trespass, as well as other applicable statutes, under the Penal Law.
D. 
Access. No person operating a vehicle shall take access to the beach other than from existing access points. No person operating a vehicle shall take access to the beach by climbing over any dune, bluff or vegetation.
E. 
Regulations for beach use by vehicles.
(1) 
All operators of vehicles traveling along the beach shall maintain a distance of no less than 50 feet seaward of the beach grass line, if possible.
(2) 
No person shall operate a vehicle over or upon any dune, bluff or vegetation.
(3) 
No person shall utilize a vehicle on the beach for the purpose of camping or sleeping.
(4) 
No person shall operate a vehicle on the beach during the period from one-half hour after sunset to one-half hour before sunrise and at such other times as visibility for a distance of 1,000 feet ahead of such vehicle is not clear, unless such vehicle displays at least two lighted headlights on the front and two lighted lamps on the rear.
(5) 
No persons shall operate a vehicle on the beach at a speed in excess of 15 miles per hour.
(6) 
No person shall operate a vehicle in a reckless manner that endangers the safety of other persons.
(7) 
Vehicles shall travel in a single line, except when necessary to pass. In the event that a vehicle operator(s) deems it necessary and safe to pass another vehicle, he or she shall do so in a manner so that not more than two vehicles, inclusive of the vehicle to be passed, are traveling beside each other in any one direction at any time.
(8) 
No operator of a vehicle shall have the right-of-way over any person on foot.
(9) 
No person shall abandon any vehicle on the beach. A vehicle left unattended for a period of 24 hours or more shall be deemed abandoned and may be removed to an impound area designated for the placement of the same by or at the direction of any officer authorized to enforce this article at the expense of the owner thereof. The Village Board and Trustees and said enforcement officer shall not be responsible for damage to any vehicle occasioned by such removal. Upon impounding an abandoned vehicle, the officer shall make an inquiry as to the owner of the vehicle and shall notify the owner, if known, that the vehicle has been impounded and that, if unclaimed, it will be sold at public auction not less than 10 days after the date such notice was given. The owner may reclaim the vehicle after proving ownership and paying an impound fee of $200, plus the costs of removal, plus a storage fee of $20 per day. If a vehicle remains unclaimed for a period of 10 days from the date notice is given to the owner or if the owner cannot be found or ascertained:
(a) 
A vehicle having a value of $750 or less may be destroyed, junked or otherwise disposed of as the officer or the Trustees see fit.
(b) 
A vehicle having a value in excess of $750 shall be disposed of at a public auction to the highest bidder. The proceeds from the sale of such vehicle, less the impound fee, costs of removal, storage fee and costs of sale, shall be held by the Trustees, without interest, for the benefit of the owner of such vehicle for a period of one year. If not claimed within said one-year period, such proceeds shall be paid into the general fund of the Trustees.
(10) 
Notwithstanding any provision herein contained to the contrary, no person shall operate a motorcycle, hovercraft, snowmobile, all-terrain vehicle or similar vehicle designed for off-road travel on the beach.
(11) 
The provisions of this § 77-5 shall not apply to vehicles operated by the police, fire and rescue services, the dory rescue squad, East Hampton Town Bay Constable, an East Hampton Town Harbor Master, an East Hampton Town Dog Control Officer or other emergency vehicles while actually in the performance of their duties.
A. 
Prohibited conduct.
(1) 
No person shall operate a vehicle on the beach while such person's ability is impaired by the consumption of alcohol.
(2) 
No person shall operate a vehicle on the beach while such person has 0.10 of 1% or more by weight of alcohol in his or her blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of § 1194 of the Vehicle and Traffic Law.
(3) 
No person shall operate a motor vehicle on the beach while in an intoxicated condition.
(4) 
No person shall operate a vehicle on the beach while his ability to operate such vehicle is impaired by the use of a drug, as defined in the Vehicle and Traffic Law.
B. 
Sanctions.
(1) 
A violation of Subsection A(1) above shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of one year.
(2) 
A violation of Subsection A(2), (3) or (4) above shall be punishable by a fine of not less than $250 nor more than $500 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of two years.
(3) 
A person who operates a vehicle in violation of any provision of Subsection A, after having been convicted of a violation of any provision of Subsection A within the preceding 10 years, shall be punished by a fine of not less than $350 nor more than $500 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of five years.
(4) 
In addition to the penalties set forth herein in Subsection B(1), (2) and (3), in the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such an event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered.
(5) 
No person shall operate a vehicle on the beach at a time when his or her permission to do so has been revoked. Violation of this provision shall be subject to a fine of not less than $500 nor more than $1,000 and imprisonment for a period of not more than 15 days, or both.
C. 
Chemical tests.
(1) 
Any person who operates a vehicle on the beach shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine or saliva, for the purpose of determining the alcohol and/or drug content of the blood, provided that:
(a) 
Such test is administered by or at the direction of a police officer, with respect to a chemical test of breath, urine or saliva, or at the direction of a police officer, with respect to a chemical test of blood;
(b) 
The police officer has reasonable grounds, as such term is defined in § 1194 of the Vehicle and Traffic Law, to believe such person to have been operating in violation of any provision of § 77-6A of this article; and
(c) 
The test is administered within two hours after the person has been lawfully arrested for such violation, in accordance with the procedures set forth in § 1194 of the Vehicle and Traffic Law.
(2) 
A person arrested for a violation of any provision of § 77-6A of this article shall be advised by the arresting officer that he or she may refuse to submit to the chemical test and that, as a result of such refusal, his or her permission to operate a vehicle on the beach will be revoked immediately and automatically for a period of two years.
(3) 
If a person who has been lawfully arrested for a violation of any provision of § 77-6A of this article and who has received the warning provided in Subsection C(2) hereof shall refuse to submit to a chemical test, the permission to operate a vehicle on the beach heretofore given said person by the Trustees is hereby revoked, automatically and without recourse, for a period of two years, regardless of whether the person is convicted of a violation of any provision of Subsection A above, and shall not be restored thereafter without the written approval of the Trustees.
(4) 
In addition to the penalties set forth herein in Subsection C(1), (2) and (3), in the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such an event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered.
(5) 
Chemical test results shall be accorded the same treatment and effect as provided in § 1195 of the Vehicle and Traffic Law.
[Amended 3-16-2001 by L.L. No. 1-2001; 5-18-2001 by L.L. No. 5-2001; 2-15-2002 by L.L. No. 1-2002]
No person shall park or stand a motor vehicle in the driveway access to the Village-owned property at Sea Spray Cottages, located east of Ocean Avenue, or on the Village-owned land adjacent to Hook Pond along said driveway access without first obtaining a miscellaneous permit from the Village Administrator, which permit shall be issued on an annual basis. Said permits shall only be issued to residents of the Village of East Hampton and the Town of East Hampton for the purposes of access to Hook Pond for fishing and shall require proof of a valid New York State freshwater fishing license.
Anyone using a beach shall do so with the understanding that the Trustees and Village Board assume no responsibility for any injury or damage to any person or property which may be sustained while using the beach and that the Trustees and Village Board will not be responsible in any manner for any article that may be stolen from any structure or automobile or for any automobile or any other article that may be stolen from a beach.
A. 
A violation of the provisions of § 77-4S, § 77-5C or of § 77-6 of this article shall be punishable as provided therein.
[Amended 7-31-2019 by L.L. No. 9-2019; 4-16-2021 by L.L. No. 9-2021]
B. 
A violation of the provisions of § 77-4M, § 77-4N(1), § 77-4N(2), § 77-4Q(10), § 77-4R, § 77-5A(1) or of § 77-5A(5) of this article shall be punishable as follows:
[Amended 4-20-2015 by L.L. No. 3-2015[1]; 7-31-2019 by L.L. No. 9-2019; 4-16-2021 by L.L. No. 9-2021]
(1) 
A person or entity charged with a violation of any of the sections listed above shall be required to appear or answer within 15 days of the issuance of a ticket, and shall be subject to a minimum fine of $150.
(2) 
Upon the failure to answer or appear on the return date or any subsequent adjourned date or to pay the fine when due, a late penalty of $75 shall be added to the minimum fine.
(3) 
Upon the failure to pay the fine within 60 days of the issuance of a ticket, a late penalty of $150 shall be added to the minimum fine.
(4) 
Upon the failure to pay the fine within 90 days of its due date, a late penalty of $200 shall be added to the minimum fine.
[1]
Editor's Note: This local law also redesignated former Subsection B as Subsection C.
C. 
The provisions of § 77-4T shall be punishable by a fine of $50.
[Added 4-16-2021 by L.L. No. 9-2021[2]]
[2]
Editor's Note: This local law also redesignated former Subsection C as Subsection D.
D. 
A violation of any other provision of this article shall be punishable as follows:
(1) 
For a first offense within a period of 18 months, by a fine of not less than $100 nor more than $250 or by imprisonment for up to 15 days, or both.
(2) 
For a second offense within a period of 18 months, by a fine of not less than $250 nor more than $500 or by imprisonment for up to 15 days, or both.
(3) 
For a third offense within a period of 18 months, by a fine of not less than $400 nor more than $1,000 or by imprisonment for up to 15 days, or both.
This article shall be enforced by any duly constituted law enforcement officer, including any Code Enforcement Officer, having jurisdiction within the Village of East Hampton and/or by any Bay Constable of the Town of East Hampton and/or by any Harbor Master of the Town of East Hampton and/or by any Dog Control Officer of the Town of East Hampton.
The Village Board shall not amend any section of this article as the same applies to any Trustee beach without having first received the written permission of a majority of the Trustees. In the event that the Trustees shall amend any provision of their regulations so as to render any section of this article ineffective, then the Village Board may repeal such provision as it applies to Trustees beaches without having first obtained the permission of the Trustees. In the event that the Trustees should amend their regulations without having obtained the cooperation and agreement of the Village Board to amend this article accordingly, then the Village Board shall not be responsible for enforcement of the amended regulations.
The Trustees have the right to temporarily close or restrict any beach or portion thereof at any time if deemed appropriate and necessary. The Trustees shall advise the Village Board of their decision to order any closure in a manner deemed reasonable under the circumstances, but failure to do so shall not affect the validity of such closure or restriction.
[Adopted 2-15-2002 by L.L. No. 1-2002 (Ch. 36 of the 1971 Code)]
A. 
The property on which the Main Beach Pavilion and Parking Lot #1 (the parking lot adjacent to the Main Beach Pavilion) are situated was purchased by the Board of Trustees of the Incorporated Village of East Hampton on June 16, 1937, from private individuals. The funds to purchase the property were raised from the issuance of a Village of East Hampton bond secured with the full faith and credit of the Village taxpayers. The property, then known as the "Maidstone Bathing Pavilion," was already improved with locker facilities, but over the years, and through the issuance of additional Village of East Hampton bonds, the facilities have been further improved and maintained. When the property was first acquired there were as many as 300 lockers, and although the total number of lockers has fluctuated, for many years there was ample opportunity for residents of the Village and nonresidents to all have the seasonal use of a locker if they wished. There are now 176 lockers at the Pavilion, of varying sizes, which have been issued to Village residents and nonresidents on a seasonal basis according to an informal process by which locker-holders have been given the first opportunity to be issued the same lockers in all ensuing seasons. Locker-holders have also been traditionally entitled to park their vehicles in Lot #1, immediately adjacent to the Pavilion, while non-locker-holders use the parking lot across the street. Although a fee is charged for the use of a locker, the acquisition, renovation and general maintenance of the overall facility has been underwritten by Village tax revenues. As a result of the increasing population, the tendency of locker-holders to renew their request for the same lockers year after year, and the increasing demand for lockers, the Village has developed a lengthy, virtually stagnant waiting list for the use of seasonal lockers, with some Village residents and taxpayers having to wait many, many years for the opportunity to use a locker, while their taxes subsidize the maintenance of the lockers and general facilities at the Main Beach Pavilion. Meanwhile, the majority of lockers are held by non-Village residents.
B. 
The Village Board of Trustees finds that it is appropriate at this time, given the increasing demand for lockers, the general stagnation of the waiting list, and the fact that these facilities are supported by Village taxpayer revenues, to codify a procedure for the seasonal use of the lockers and the parking lot adjacent to the Pavilion that gives the Village taxpayers a priority. The Pavilion, including rest rooms, a snack bar and a deck, and the beach next to the Pavilion, have always been and will continue to be open to members of the general public, with nonresidents, as always, paying a fee for the privilege of parking in the municipal lot.
C. 
The intent is to utilize the long-established waiting list for lockers by codifying that Village residents will be issued lockers on a first-come-first-served basis. If there are any vacant lockers before the beginning of the season, nonresidents will be issued locker permits on a lottery basis. The intent, furthermore, is to provide for enforceable rules and requirements for the use of the facility generally and to confine the seasonal permit requirements for the Village-owned parking lot across the street from the Pavilion to Chapter 267 of the Code (Vehicle and Traffic).
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NONRESIDENT
Any individual who does not meet the definition of a resident.
RESIDENT
Any individual who:
[Amended 4-19-2002 by L.L. No. 10-2002]
(1) 
Is registered to vote in Village elections; or
(2) 
Owns property in the Village, including a shareholder in a housing cooperative located in the Village; or
(3) 
Is a volunteer or exempt member of the East Hampton Fire Department or the Ambulance Association serving the Village of East Hampton.
B. 
Permits for the use of the lockers located inside the Main Beach Pavilion shall be issued on a seasonal basis, as follows:
(1) 
The Board of Trustees shall, by resolution, establish the fees to be charged for the use of the lockers, based on the respective size of the lockers.
(2) 
Residents. Village residents who have had the use of a locker or a locker permit during the previous season shall be given first opportunity to obtain a permit for the same locker during the following season. In addition, the Village Clerk shall, on a continuing basis, maintain a list of Village residents who did not have the use of a locker during the previous season, but wish to obtain a locker permit for the following season. The list shall retain the order in which residents have signed up for a locker. Upon payment of the applicable fee and upon the submission of proof of Village residency, the Village Clerk shall issue a seasonal locker permit to those residents who had lockers the previous season, and then, on a first-come-first-served basis, to any Village resident desiring the use of a locker.
(3) 
Nonresidents. The Village Clerk shall, on a continuing basis, maintain a list of nonresidents who wish to obtain a locker permit for the following season. If there are any vacant lockers remaining upon June 15 of each year, permits for those lockers will be issued to nonresidents based upon a lottery drawing.
(4) 
One sticker only, entitling the vehicle to which the sticker is affixed to park in Lot #1, the lot immediately adjacent to the Main Beach Pavilion, shall be issued with each locker permit. Nonresident locker permit-holders shall pay the fee required under § 267-5C of this Code for the sticker. The sticker must be affixed to a vehicle which is owned or leased by the locker permit-holder or a resident of the same premises in which the permit-holder resides.
(5) 
Locker permits and Lot #1 parking stickers are nontransferable and nonassignable.
(6) 
The contents of all lockers must be removed no later than September 15 of each year.
A. 
The Board of Trustees of the Village of East Hampton may, by resolution, adopt such rules and regulations governing the use of the general facilities associated with the Main Beach Pavilion as it shall deem necessary.[1]
[1]
Editor's Note: The Main Beach Rules are included at the end of this chapter.
B. 
All such rules and regulations shall be posted at the Main Beach Pavilion.
C. 
Any violation of the posted rules and regulations shall be punishable by a fine of not more than $250 or by imprisonment for up to 15 days, or both.