A.
It shall be unlawful outside the incorporated villages for any person to drive or operate a motor vehicle on bay beach areas or ocean beach areas between the Friday immediately preceding Memorial Day and the 15th day of September in each year between 9:00 a.m. and 6:00 p.m. except for areas specifically designated by resolution of the Trustees for daytime use. Notwithstanding the foregoing, no vehicles shall be allowed on Foster Memorial Beach (commonly known as Long Beach, Noyack) at any time from May 15 to September 14 at 12:00 midnight. [Note: Exceptions in Subsections J, K, L and M.] 4 x 4 beach driving within the incorporated village areas shall be regulated in accordance with legislation promulgated by the incorporated villages.
[Amended 2-24-2016]
B.
No
person shall drive or operate a motor vehicle on bay beach areas or
ocean beach areas outside of the incorporated villages unless said
vehicle is registered and unless the driver or operator is covered
by a liability insurance policy equivalent to that required by the
State of New York for the operation of a motor vehicle upon public
highways and unless said vehicle displays a resident ID on the front
bumper to operate said motor vehicle in said area from the Town Trustees.
Such resident ID shall be issued by the Trustees upon application,
if the applicant possesses a valid license to operate a motor vehicle
on public highways and executes an affidavit that said vehicle contains
the following equipment: jack, jack board, tow chain or rope, air-pressure
gauge, tire inflation device and shovel. Resident IDs will only be
issued to four-wheel-drive vehicles. Resident IDs will expire on December
31 of the calendar year of issue. Resident IDs issued with three-year
permits shall expire on December 31 two years after the calendar year
of issue. The fee for said permit shall be established by a resolution
duly adopted by the Board of Trustees and published in a fee schedule
annually.
[Amended 11-2-2020]
C.
No
person shall drive or operate a motor vehicle on bay beach areas or
ocean beach areas unless said vehicle is equipped as prescribed in
the foregoing subsection.
D.
No
person shall drive or operate a motor vehicle in excess of 10 miles
per hour on any beach areas or ocean beach areas within the Town.
E.
No
person shall drive or operate any all-terrain vehicle (ATV) (including
quads, Mules, Gators) or motorcycle at any time on any bay beach areas
or ocean beach areas within the Town.
F.
No
person shall drive or operate a motor vehicle on any dunes, beach
grasses or wetlands vegetation of any kind.
G.
The
Town Trustees reserve the right to temporarily close any beach areas
or any part thereof to vehicular traffic during periods of severe
beach erosion or for any other reason that they deem necessary. Signs
will be posted in conspicuous access areas to advise the public of
the location and duration of any temporary closure.
H.
No
person shall display or use a four-wheel-drive vehicle permit unless
said permit properly applies to the vehicle owner's residency status
at the time of said use and is displayed only on the vehicle for which
it was issued.
I.
In addition to other penalties provided herein, any person to whom a permit has been issued who violates a provision of Subsection A, B, C, D, E, F, G, or H shall have said permit suspended pending a hearing determination, and thereafter revoked when it is legally determined that any subsection has been violated. If such violation is the first violation of this section, such person shall be eligible to apply for, purchase, and receive a new permit. A person shall not be eligible for issuance of a permit if he or she has twice violated the provisions of this section within one year from the date of application.
[Amended 7-9-2019; 11-2-2020]
J.
The
provisions of this section shall not apply to Town, county, or state
employees or contractors working under the direction or supervision
of the Town, or emergency vehicles.
K.
The provisions of Subsection A shall not apply to a commercial fisherman holding a valid New York State Department of Environmental Conservation resident marine commercial food fish fishing license actively engaged in a commercial fishing activity. All other restrictions shall apply.
L.
Nothing contained in this article shall prevent the launching or retrieval of boats from the terminus of the Town or Trustees' roads, except as provided in Article XIV.
M.
Special
daytime use areas. Daytime 4 x 4 access beach driving and parking
are permitted in the following areas:
(1)
Peconic Bay access. Beach driving and parking shall be permitted
on the bay beach from the northerly end of Cold Spring Road extending
easterly 2,000 feet to the sign; beach access shall be taken from
Cold Spring Road only.
[Amended 12-2-2019]
A.
Bay
beaches.
(1)
Bay beaches associated with tidal waters within the Town of Southampton,
defined as the area between the mean low- and mean high-water marks
and known historically as the "passing way," are open to the freeholders
and commonalty at all times, as follows:
(a)
South Shore: all beaches associated with bays, tidal ponds and creeks
from Moriches Inlet on the west to Sagaponack on the east, from the
Brookhaven/Riverhead Town lines in the west to the East Hampton Town
line in the east, including, but not limited to, Sagg Pond, Mecox
Bay, Quantuck Bay, Moriches Bay, Tiana Bay, Shinnecock Bay, and all
those inland creeks, bays or harbors, which border the Peconic Bay
system. Said areas are owned by the Southampton Town Trustees.
(b)
North Shore: all beaches associated with inland bays and creeks,
from Reeves Bay on the west to Sag Harbor Cove on the east.
(c)
Peconic Beach Road: all that area, 75 feet in width, owned by the
Southampton Town Trustees, known as Peconic Beach Road, bounded on
the east by Sebonac Inlet, bounded on the west by the entrance of
Shinnecock Canal, bounded on the north by the high-water mark of Peconic
Bay. West of the Canal is a right-of-way, designated by the Act of
1738, which terminates east of the east side of Red Creek Pond Inlet.
(d)
Shinnecock Beach Road: all that area, 50 feet in width, owned by
the Southampton Town Trustees, known as Shinnecock Beach Road, bounded
on the east by the entrance to Old Fort Pond, bounded on the west
by a point 300 feet west of Crab Road, Hampton Bays, bounded on the
south by the high-water mark of Shinnecock Bay.
(e)
All that area owned by the Town of Southampton which borders any
tidal or fresh waters, including but not limited to Foster Memorial
Beach in Noyack, Circle Beach (Hallock's Beach) in Noyack, and Towd
Point in North Sea.
(f)
The terminus of all Town or Town Trustee roads leading to any body
of water within the Town.
(2)
Any otherwise legal activity is permitted between the mean high-water
and mean low-water marks, including but not limited to walking, sunbathing,
fishing, beaching boats and hauling seines.
(3)
Prohibited acts.
[Added 7-9-2019[1]]
(a)
No
person shall conduct any activity or place between the high-water
and low-water mark of any bay beach or within Peconic Beach Road or
Shinnecock Beach Road any item or structure that would impair or prevent
the public’s right of access and to pass and repass by foot
or by any vehicle permitted to drive on the beach pursuant to the
rules and regulations of the Trustees regarding beach driving.
(b)
No
person shall leave any personal belongings, structures, or vessels,
or other items, including but not limited to cinder blocks, umbrella
stands, umbrellas, chairs, grills, or tables overnight (from sunset
to dawn) between the high-water and low-water marks of any bay beach.
(c)
No
person shall leave any personal belongings, structures, or vessels,
or other items, including but not limited to cinder blocks, umbrella
stands, umbrellas, chairs, grills, or tables overnight (from sunset
to dawn) or for longer periods of time within Peconic Beach Road or
Shinnecock Beach Road without the prior approval of the Trustees by
permit or resolution.
(d)
No
person shall chain, tie up, or leave any vessel, including canoes,
kayaks, paddleboards, surfboards, inner tubes or pool floats against
or otherwise attached to any staircase, bulkhead, fence, or retaining
wall under the ownership or control of Trustees without the prior
approval of the Trustees by permit or resolution. This includes but
is not limited to any stairs, retaining walls, fences, or bulkheads
located at Town or Trustee road ends.
[1]
Editor’s Note: This resolution also redesignated former
Subsection A(3) and (4) as Subsection A(4) and (5), respectively.
(4)
Nothing herein shall be construed to sanction public trespass on
private property.
B.
Ocean
beaches within the Town are open to the public at all times within
the easement held by the Trustees consisting of the area between the
high-water mark and the crest of the dune. In addition, the area between
high water and low water is also a "passing way." The easement along
the Atlantic Ocean is bounded on the north by the crest of the primary
dune, on the east by the easterly Town line, on the south by the high-water
mark of the Atlantic Ocean and on the west by the westerly Town line.
This area is a right-of-way granted by the Dongan Patent and upheld
by subsequent court cases.
[Amended 7-9-2019]
(1)
(a)
No
person shall conduct any activity or place within the “passing
way” or the Trustees’ easement any item or structure that
would impair or prevent the public’s right of access and to
pass and repass by foot or by any vehicle permitted to drive on the
beach pursuant to the rules and regulations of the Trustees regarding
beach driving without the prior approval of the Trustees by permit
or resolution of the Trustees.
(b)
Nothing
herein shall be construed to sanction public trespass on private property.
C.
Kayak,
canoe, and stand-up paddleboard storage rack permits:
[Added 11-23-2020]
(1)
No person shall store personal property on Trustee kayak, canoe,
and stand-up paddleboard storage racks unless such person has obtained
a permit as prescribed by these rules and regulations.
(2)
Kayak, canoe, and stand-up paddleboard storage rack permits can be
obtained by a freeholder, resident or taxpayer upon first applying
for said permit from the Town Trustees.
(3)
There shall be a fee, established by resolution (see annual fee schedule),
duly adopted by the Board of Trustees, for such permit. When a permit
application is accepted by the Town Trustees, a permit sticker will
be issued to the applicant. Such sticker shall be affixed to the kayak,
canoe, and stand-up paddleboard and correlate with a numbered space
for permittee use. There shall be a fee for any replacement sticker
set within the annual fee schedule duly adopted by the Board of Trustees.
(4)
The permit shall allow for storage of a kayak, canoe, and stand-up
paddleboard starting April 1 of the year of issued permit, and said
permit shall expire October 31 of the year of issue.
(5)
There shall be a reduced fee for a freeholder, resident or taxpayer
who is a senior citizen aged 62 or older on the date of application.
(6)
Kayak, canoe, and stand-up paddleboard storage rack permits may not
be purchased by nonresidents.
(7)
Any person qualified as set forth above may obtain a kayak, canoe,
and stand-up paddleboard storage rack permit by making an application
therefor and paying the fee as set forth within annual fee schedule.
(8)
Storage rack locations shall be established annually within the Trustee
fee schedule.
(9)
Permits shall be issued on a first-come-first-served basis upon date
of filing of application designating a specific location. Upon a storage
rack being filled to capacity, wait lists shall be established for
each location for the next available space. Wait lists shall expire
the last day of October of each calendar year.
(10)
Such application shall be made in writing in the form prescribed
by the Town Trustees and shall be filed in the Town Trustees' office
and shall include, but not be limited to, the following information:
(a)
The applicant's name and date of birth.
(b)
The applicant's residence, with street number, if any.
(c)
The length of the applicant's residence in the Town of Southampton.
(d)
The applicant's domicile outside the Town of Southampton.
(e)
The applicant's real property owned in the Town of Southampton, with
street number, if any.
(11)
No permit holder shall store more than one kayak, canoe, and stand-up
paddleboard per assigned storage rack space.
(12)
Any personal property other than permitted kayak, canoe, and stand-up
paddleboard left unattended on or immediately adjacent to a Trustee
storage rack shall be subject to seizure by the Bay Constable, Marine
Maintenance Department, or any other agent or assignee of the Board
of Trustees.
(13)
Any permitted kayak, canoe, and stand-up paddleboard left on the
Trustee storage rack after November 5 of the calendar year for which
permit is issued shall be deemed abandoned, and shall be subject to
seizure by the Bay Constable, Marine Maintenance Department, or any
other agent or assignee of the Board of Trustees.
(14)
All seized property shall be the subject of a public hearing in which
the owner thereof will be notified and may claim said property.
(15)
Permit holders shall be notified in writing at the address provided
within their application no later than 14 days prior to public hearing.
A permit describing the property at issue, and issued to the same
individual claiming said property, shall be deemed proof of ownership.
(16)
All seized property other than permitted kayak, canoe, and stand-up
paddleboard property shall be noticed to John/Jane Doe by publication,
no later than 14 days prior to public hearing. The owner must prove
their ownership by clear and convincing evidence.
(17)
Any unclaimed property left for a period of 30 days following a public
hearing, or property in which an unknown owner has not claimed by
sufficient proof as determined by the Board, shall be deemed abandoned,
and shall be auctioned at a public auction.
(18)
The Board of the Trustees of the Freeholders and Commonalty of the
Town of Southampton accept no responsibility for loss of or damages
to the kayak, canoe and stand-up paddleboard or any personal property.
Failure to follow these rules may lead to suspension pending hearing
and revocation of the right to use the storage space.
A.
On
ocean beaches, no fencing shall be installed more than 10 feet seaward
of the toe of the dune. In the absence of a dune, a line drawn connecting
the toes of the nearby dunes on either side shall be considered the
toe.
B.
Sand
collection fencing, commonly known as "snow fencing" is to be placed
parallel to the toe of dunes only. It is to be installed in any of
three configurations: "straight run," running W," or "double diamond."
C.
Beach
fencing is to be installed solely for the collection of sand for the
replenishment of the dunes. This fencing is not to be used for exclusionary
purposes and shall not contain gates.
D.
The
owner of beach fencing not meeting Trustee regulations shall be notified
and given 30 days to remove the fence.
E.
Only
wooden stakes or posts are to be used on the installation of snow
fencing or any other erosion control device on the dunes or beaches
in the Town of Southampton.
F.
A
permit from the Southampton Town Trustees is required for the erection
of sand collection fencing. The permit fees for sand fencing are the
same as for bulkheading (per linear foot).
G.
All
dune restoration/beach scraping projects must have a valid Trustee's
permit.
H.
No
dune restoration/beach scraping projects may be done during the piping
plover or least tern breeding season, April 1 through August 31 of
any given year.
I.
Sand
fencing shall not be installed before March 1 (after the winter storms
end) or during piping plover season (March 31 through September 15)
without a plover inspection being done first.
